End User License Agreement - Datalogic Gryphon I GBT4400 2D Quick Reference Manual

GRYPHON™ PRODUCT SERIES

END USER LICENSE AGREEMENT

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 conditions 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 agree-
ment governing the licensing of the Software and Documentation by Datalogic Scan-
ning, 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 Agreement,
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, docu-
mentation, and any related internal design, system design, data base design,
algorithms, technology, technical data or information, implementation tech-
niques, 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 confi-
dential. 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™ 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 own-
ership 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.
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 other-
wise 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 Agreement. However, Data-
logic may elect not to terminate this Agreement or the granted licenses, but
Quick Reference Guide
Datalogic Scanning, Inc.
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