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Datalogic Touch TD1100 Manual

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ii Touch TD1100
Datalogic ADC, Inc.
TOUCH
TM
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 condi-
tions 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 con-
tact 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 ("Datalogic") to the entity or person who has purchased or oth-
erwise 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 sim-
ilar 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 confi-
dential, 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.
1.4 "Datalogic Product" means the Datalogic
TM
Touch
TM
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 Data-
logic 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, distribute, lend, rent, give, or otherwise 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, 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 Datalogic Product to any
third party unless such third party agrees with Datalogic in writing to be bound by the terms and conditions of this Agree-
ment. 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 stan-
dard 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 Datalogic's third party licensors and
that the Software is protected by intellectual property laws and treaties. The license set forth in this Agreement does not transfer
to End User any ownership of Datalogic's or its third party licensors' copyrights, patents, trademarks, service marks, trade secrets,
or other intellectual property rights and End User shall have no right to commence any legal actions to obtain such rights. End
User shall not remove, modify, or take any other action that would obscure any copyright, trademark, patent marking, or other
intellectual property notices contained in or on the Datalogic Product.
5. Proprietary Information.
5.1 End User acknowledges that Proprietary Information is the confidential, proprietary, and trade secret property of Datalogic
and Datalogic's third party licensors and End User acquires no right or interest in any Proprietary Information.
… 4 …


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