Appendix A. Datalogic Mobile Falcon ® Windows Mobile End User License Agreement - Datalogic Falcon 4420 48-Key Quick Reference

A. Datalogic Mobile Falcon
Appendix
®
Windows Mobile End User License Agreement
Notice to End User: The product you have acquired contains software, which is integral to the product's operation. This soft-
ware is provided only for use with, and for authorized end users of, the Datalogic Falcon® 44xx series Portable Computing
Device ("Datalogic Product"). The Datalogic Product operates with Datalogic software, including but not limited to, Datalogic doc-
umentation and all Datalogic software applications and software tools (e.g. Falcon Update Utility, Falcon Management Utility, and
Falcon desktop Utility)("Software") and the Datalogic Product also operates with either Microsoft Windows®CE .NET or Win-
dows® Mobile™ 5.0 software ("SOFTWARE") (see Microsoft Addendum for specific terms and conditions)(hereinafter collec-
tively referred to as "Software").
Software is provided only for use with the Datalogic Product and any other use of Software is strictly prohibited and may subject
you to legal action. Software is provided to you under license, subject to the terms and conditions of this end user license agree-
ment ("EULA"). Any and all updates to Software shall also be subject to this EULA. In the event upgrades are made available,
you will be authorized to order only one upgrade for each licensed Datalogic Product. If you use the Datalogic Product, you will
be deemed to have accepted the terms and conditions of this EULA. If you do not intend to be bound to the terms of this EULA,
Datalogic is not willing to license the Software to you, you may not use the Datalogic Product or the Software, and you must con-
tact the party from whom you acquired the Datalogic Product for instructions on how to return the Datalogic Product.
This End User Software License Agreement ("EULA") is a legally binding agreement governing the licensing of the Software and
Documentation by Datalogic Mobile Inc. and its wholly owned subsidiaries and affiliates ("Datalogic") to the entity or person who
has purchased or otherwise acquired a Datalogic Product ("End User"). For purposes of this EULA, any software that is associ-
ated 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:
GENERAL EULA TERMS AND CONDITIONS:
1. Definitions.
1.1 "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.
1.2 "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 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.
1.3 "Datalogic Product" means Datalogic's FALCON® Windows®CE .NET and/or Windows Mobile 5.0 44xx Series, including all
preloaded Software in or provided in connection with the Datalogic Product and all Documentation related to such product, which
has been purchased or otherwise acquired by End User, whether obtained directly or indirectly from Datalogic.
1.4 "Software" means any software or computer program of Datalogic or its third party licensors in machine readable form which
is either preloaded in, or provided in connection with, the Datalogic Product, whether obtained directly or indirectly from Data-
logic, including any related update or upgrade such as enhancements or modifications.
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 a Datalogic
Product, in machine- readable form only, solely for End User's internal business purposes. This EULA does not convey owner-
ship 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 EULA, the term "purchase" or its equivalents when applied to the Software shall
mean "acquire under license."
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 Soft-
ware to any other person or organization, for purposes other than as expressly provided in this EULA, without Datalogic's prior
written consent.
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