End User License Agreement - Datalogic PowerScan D8330 Quick Reference Manual

Notice to End User: The Datalogic Product you have acquired contains embedded Software, which is integral to
the product' s operation. This Software is being provided to you under license, subject to the terms and condi-
tions of this Agreement. If you use the Datalogic Product, you will be deemed to have accepted the terms and
conditions of this Agreement. If you do not intend to be bound to the terms of this Agreement, Datalogic is not
willing to license the Software to you, you may not use the Datalogic Product or the Software, and you must
contact the party from whom you acquired the Datalogic Product for instructions.
This End User Software License Agreement ("Agreement") is a legally binding agreement governing the licens-
ing of the Software and Documentation by Datalogic ADC, Inc. and its Affiliates ("Datalogic") to the entity or
person who has purchased or otherwise acquired a Datalogic Product ("End User"). For purposes of this Agree-
ment, any software that is associated with a separate end-user license agreement is licensed to you under the
terms of that license agreement. Datalogic and End User hereby agree as follows:
1. Definitions
1.1 "Affiliate" means a business entity currently existing or later acquired that controls, is controlled by, or is
under common control with Datalogic S.p.A.
1.2 "Documentation" means materials such as user's guides, program reference guides, quick reference guides,
manuals, or similar materials associated with or related to the Datalogic Product, whether in printed,
"online", or other form.
1.3 "Proprietary Information" means: (a) source code, object code, software, documentation, and any related
internal design, system design, data base design, algorithms, technology, technical data or information,
implementation techniques, and trade secrets related to the Software, (b) any other trade secrets marked
appropriately or identified as proprietary or confidential, and (c) any information that End User, under the
circumstances, should recognize as confidential. Proprietary Information does not include any informa-
tion that the receiving party can establish was (1) in the public domain, (2) already in the receiving party's
possession or rightfully known prior to receipt, (3) rightfully learned from a third party not in violation of
any other' s proprietary rights, or (4) independently developed without access to Proprietary Information.
1.4 "Datalogic Product" means the Datalogic® Powerscan™ series scanner product, including all embedded
Software in and all Documentation related to such product, which has been purchased or otherwise
acquired by End User, whether obtained directly or indirectly from Datalogic.
1.5 "Software" means any software or computer programs of Datalogic or its third party licensors in machine
readable form which is embedded in the Datalogic Product, whether obtained directly or indirectly from
Datalogic, including any replacement, update, upgrade, enhancement or modification.
2. Scope Of License Granted
2.1 Datalogic grants to End User a non-exclusive, non-transferable, perpetual license to use the Software,
solely on the Datalogic Product in which it is embedded ("designated Datalogic Product"), in machine-
readable form only, solely for End User's internal business purposes. This Agreement does not convey
ownership of the Software to End User. Title to the Software shall be and remain with Datalogic or the
third party from whom Datalogic has obtained a licensed right. As used in this Agreement, the term "pur-
chase" or its equivalents when applied to the Software shall mean "acquire under license." End User is not
entitled to receipt or use of the source code to any Software.
2.2 End User shall not copy, modify, decompile, disassemble, reverse engineer, or otherwise reproduce or
remanufacture the Software, whether modified or unmodified, nor sell, assign, sublicense, distribute, lend,
rent, give, or otherwise transfer the Software to any other person or organization, for purposes other than
as expressly provided in this Agreement, without Datalogic's prior written consent.
3. Transfers, Support
3.1 Any copying, installing, reproduction, remanufacture, reverse engineering, electronic transfer, or other use
of the Software on other than the designated Datalogic Product will be a material breach of this Agree-
ment. However, Datalogic may elect not to terminate this Agreement or the granted licenses, but instead
may elect to notify End User that End User is deemed to have ordered and accepted a license for each
breaching use. End User shall pay Datalogic the applicable list price for such licenses as of the date of
such breach.
3.2 End User shall not sell, assign, sublicense, distribute, lend, rent, give, or otherwise transfer the Datalogic
Product to any third party unless such third party agrees with Datalogic in writing to be bound by the
terms and conditions of this Agreement. Any such transfer of the Datalogic Product absent such agree-
ment shall be null and void.
3.3 End User may obtain support for Software from Datalogic at Datalogic' s standard support fees and under
Datalogic' s standard support terms and conditions in effect at the time the support is requested.
4. Intellectual Property
End User acknowledges that the Software constitutes valuable trade secrets of Datalogic or Datalogic' s third
party licensors and that the Software is protected by intellectual property laws and treaties. The license set
forth in this Agreement does not transfer to End User any ownership of Datalogic' s or its third party licensors'
copyrights, patents, trademarks, service marks, trade secrets, or other intellectual property rights and End
User shall have no right to commence any legal actions to obtain such rights. End User shall not remove, mod-
ify, or take any other action that would obscure any copyright, trademark, patent marking, or other intellectual
property notices contained in or on the Datalogic Product.
5. Proprietary Information
5.1 End User acknowledges that Proprietary Information is the confidential, proprietary, and trade secret
Quick Reference Guide
Datalogic ADC, Inc.
PowerScan™ 8300 PRODUCT SERIES

END USER LICENSE AGREEMENT

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