Datalogic Gryphon GPS4421 Quick Reference Manual page 5

END USER SOFTWARE LICENSE AGREEMENT (EULA)
Notice to End User: There are two types of software covered by this END USER LICENSE AGREE-
MENT ("EULA"): (1) The Datalogic Product you have acquired contains embedded software
("Embedded Software") which is integral to the Product's operation; and (2) Optional Application
Software provided to you on an optional basis ("Application Software"). Embedded Software and
Application Software are collectively referred to as "Software" and are subject to the terms and
conditions contained in this EULA. Software is provided only for use with, and for authorized end
users of, the Datalogic Gryphon™ GPS44XX ("Product"). Portions of the Embedded Software
include or operate with Open Source software or libraries ("Open Source"). Use of Open Source is
subject to the Open Source licenses entitled "GPS44XX.zip" available at the following website:
http://www.datalogic.com/software_lan_sb2783_1.html.
This End User Software License Agreement ("Agreement") is a legally binding agreement govern-
ing the licensing 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 Prod-
uct ("End User"). For purposes of this Agreement, any software that is associated with a separate
end-user license agreement is licensed to you under the terms of that license agreement. Data-
logic and End User hereby agree as follows:
1. Definitions.
1.1 "Affiliate" means a business entity currently existing or later acquired that controls, is con-
trolled 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, tech-
nical data or information, implementation techniques, and trade secrets related to the Soft-
ware, (b) any other trade secrets marked appropriately or identified as proprietary or
confidential, and (c) any information that End User, under the circumstances, should recog-
nize as confidential. Proprietary Information does not include any information 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® Gryphon™ GPS44XX 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 indi-
rectly from Datalogic.
1.5 "Software" means any software or computer programs of Datalogic or its third party licen-
sors 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 Data-
logic Product"), in machine-readable form only, solely for End User's internal business pur-
poses. 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 "purchase" 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.
Quick Reference Guide
DATALOGIC ADC, INC.
FOR THE GRYPHON™ GPS4XX
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