Manual Datalogic QuickScan Lite QW2100 (page 23 of 44) (English)

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Quick Reference Guide 19

English

Datalogic ADC, Inc.

QUICKSCAN

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 li-

cense, subject to the terms and conditions of this Agreement. If you use the Datalogic Prod-

uct, 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 governing

the licensing of the Software and Documentation by Datalogic ADC, Inc. and its Affiliates ("Datalog-

ic") to the entity or person who has purchased or otherwise acquired a Datalogic Product ("End Us-

er"). 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, 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 informa-

tion that End User, under the circumstances, should recognize as confidential. Proprietary Informa-

tion 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) right-

fully learned from a third party not in violation of any other's proprietary rights, or (4) indepen-

dently developed without access to Proprietary Information.

1.4 "Datalogic Product" means the Datalogic

Quickscan

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 modifica-

tion.

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 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.

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, distrib-

ute, lend, rent, give, or otherwise transfer the Software to any other person or organization, for pur-

poses 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, Datalogic may elect not to terminate this Agreement or the granted

licenses, but instead may elect to notify End User that End User is deemed to have ordered and

accepted a license for each breaching use. End User shall pay Datalogic the applicable list price for

such licenses as of the date of such breach.

3.2 End User shall not sell, assign, sublicense, distribute, lend, rent, give, or otherwise transfer the Data-

logic Product to any third party unless such third party agrees with Datalogic in writing to be bound

by the terms and conditions of this Agreement. Any such transfer of the Datalogic Product absent

such agreement shall be null and void.

3.3 End User may obtain support for Software from Datalogic at Datalogic's standard support fees and

under Datalogic's standard support terms and conditions in effect at the time the support is

requested.

4. Intellectual Property.

End User acknowledges that the Software constitutes valuable trade secrets of Datalogic or Data-

logic's third party licensors and that the Software is protected by intellectual property laws and

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Datalogic QuickScan Lite QW2100 Manual

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