Manual Datalogic Gryphon I GPS4400Product (page 5 of 52) (English)

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Quick Reference Guide 1

Datalogic ADC, Inc.

GRYPHON™ PRODUCT SERIES END USER LICENSE AGREEMENT

Notice to End User: The Datalogic Product you have acquired contains embedded Soft-

ware, 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 Data-

logic 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 ("Agr

eement") is a legally binding agreement

governing 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 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,

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, documenta-

tion, 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 pub-

lic 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 propri-

etary rights, or (4) independently developed without access to Proprietary Informa-

tion.

1.4 "Datalogic Product" means the Datalogic® Gryphon™ series scanner product, includ-

ing 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

se the Software, solely on the Datalogic Product in which it is embedded ("desig-

nated Datalogic Product"), in machine-readable form only, solely for End User's inter-

nal business purposes. This Agreement does not convey ownership of the Software

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Datalogic Gryphon I GPS4400Product Manual

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