Manual Datalogic Magellan 1100i (page 5 of 48) (English, German, French, Italian, Portuguese, Spanish)

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Quick Reference Guide iii

DATALOGIC ADC, INC. MAGELLAN

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

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 gov-

erning the licensing of the Software and Documentation by Datalogic Holdings, Inc. and its sub-

sidiaries and 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 "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, technol-

ogy, technical data or information, implementation techniques, and trade secrets related

to the Software, (b) any other trade secrets marked appropriately or identified as propri-

etary 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 devel-

oped without access to Proprietary Information.

1.3 "Datalogic Product" means the Datalogic Magellan

800i, Magellan

1000i series,

Magellan

1100i series, Magellan

1400i series, Magellan

2200VS series, Magel-

lan

2300HS series, Magellan

3200VSi series, Magellan

3300HSi series, Magel-

lan

8100 series, Magellan

8200 series, Magellan

8300 series, Magellan

8400

series, Magellan

8500 series, Magellan

9500 series, Magellan

9800i series and/or

Magellan SL

series scanner and/or scanner/scale 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.

1.4 "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

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 Dat-

alogic 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 otherwise transfer the Software to any

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Datalogic Magellan 1100i Manual

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