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END USER SOFTWARE LICENSE AGREEMENT (EULA)
NOTICE TO END USER: BY DOWNLOADING OR INSTALLING THE SOFTWARE, OR BY
USING THE DATALOGIC PRODUCT THAT INCLUDES THIS SOFTWARE, THE END USER
CONSENTS TO BE BOUND BY THIS AGREEMENT. IF THE END USER DOES NOT
AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, THEN DATALOGIC IS NOT
WILLING TO LICENSE THE SOFTWARE AND THE END USER IS NOT ALLOWED TO
DOWNLOAD, INSTALL OR USE THE SOFTWARE OR THE DATALOGIC PRODUCT---
This End User License Agreement ("EULA") is between Datalogic IP Tech S.r.l. hav-
ing its registered office at Via San Vitalino 13, 40012 Calderara di Reno (Bologna),
Italy ("Datalogic"), and you, either an individual or a single entity, ("End User or
"You"") who has purchased one or more PowerScan™ 95XX ("Datalogic Product")
subject to the terms and conditions provided in any relevant purchase or sale con-
tract. This EULA applies to the software contained in the Datalogic Product
("Embedded Software") and to any other software, to the extent applicable, offered
as optional application software ("Application Software" that together with
"Embedded Software" is herein referred to as "Software"). Any Open Source used
in a conjunction with the Software is subject to the Open Source licenses available
at the following website: http://www.datalogic.com/oss.
1. Grant of License
1.1 Datalogic grants to End User, a personal, non-exclusive, non-transferable, non
sub licensable, revocable, limited license to use the Software, solely on the Data-
logic Product in which it is embedded or for which it is intended for use, in
machine-readable form only, solely for End User's internal business purposes.
1.2 End Users shall not distribute, sublicense, rent, loan, lease, assign, export, re-
export, resell, ship or divert or cause to be exported, re-exported, resold, shipped or
diverted, directly or indirectly, the Software under this Agreement. End User shall
not, and shall not permit others to: (i) modify, translate, decompile, reverse engi-
neer, disassemble, or extract the inner workings of the Software, (ii) copy the func-
tionality of the Datalogic Products; (iii) remove any proprietary notices, marks,
labels, or logos from the Datalogic Products; (iv) rent or transfer all or some of the
Software to any other party without Datalogic's prior written consent.
1.3. Title to the licensed Software shall be and remain with Datalogic or the third
party from whom Datalogic has obtained a license right. This Agreement does not
grant to End User any intellectual property rights. As used in this Agreement the
term "purchase" or its equivalent when applied to the Software shall mean
"acquire under license". End User is not entitled to receipt or use of the source code
of any licensed Software.
1.4 Portions of the Datalogic Product are protected by the relevant and applicable
patent and copyright laws, international treaty provisions, and other applicable
laws. Therefore, End User must treat the Datalogic Product like any other copy-
righted material (e.g., a book or musical recording) except that End User may make
one copy of the Software solely for back-up purposes. Unauthorized duplication of
the Software constitutes copyright infringement.
1.5 Any use of the Software outside of the conditions set forth herein is strictly
prohibited and will be deemed a breach of this Agreement resulting in immediate
termination of this Agreement. In the event of a breach of this Agreement, Data-
logic will be entitled to all available remedies at law or in equity (including but not
limiting to immediate termination of the license without notice, immediate injunc-
tive relief and repossession of all Datalogic Products).
1.6 Without prejudice of the foregoing, End User grants to Datalogic and its inde-
pendent accountants or consultants the right to examine End User's books,
records and accounts during End User's normal business hours to verify compli-
ance with this Agreement. In the event such audit discloses non-compliance with
this Agreement, Datalogic shall be entitled to immediately terminate the Agree-
ment, request End User to promptly pay all (additional) license fees due and any
further damages, if any.
2. License Fee
License fees shall be due by End User to Datalogic according to the terms provided
for in the relevant contract for the purchase of the Datalogic Product.
3. Termination
Without prejudice to any other rights or remedies Datalogic may have, Datalogic
may terminate this Agreement if End User fails to comply with the terms and con-
ditions of this Agreement. Datalogic may terminate this Agreement by offering you
a superseding Agreement for the Software or any replacement or modified version
of or upgrade to the Software and conditioning your continued use of the Software
or such replacement, modified or upgraded version on your acceptance of such
superseding Agreement. In addition, either party may terminate this Agreement at
any time. Subject to the foregoing, termination shall be effective upon notice to the
other party. In the event that this Agreement terminates for any reason, End
User's license to use the Software will immediately terminate, and End User must
immediately stop using the Software, destroy all copies of the Software and all of
its component parts, and, upon request, provide an affidavit certifying your compli-
ance with the foregoing. The provisions of Sub-sections 1.2, 1.3, 1.4, 1.5, 4, 5, 6, 8,
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