Quick Reference Guide 19
English
Datalogic USA, Inc.
QUICKSCAN
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 li-
cense, 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 Soft-
ware 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 USA, Inc. and its Affiliates
("Datalogic") to the entity or person who has purchased or otherwise acquired a Datalogic Prod-
uct ("End User"). For purposes of this Agreement, any software that is associated with a sepa-
rate 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 con-
trolled 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 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
Quickscan
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 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 Data-
logic 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 Agree-
ment, 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 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.
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