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DATALOGIC END USER LICENSE AGREEMENT
BY DOWNLOADING OR INSTALLING THE SOFTWARE, OR BY USING DATALOGIC EQUIPMENT THAT
INCLUDES THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU
DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN DO NOT DOWNLOAD, INSTALL,
USE THE SOFTWARE NOR DATALOGIC EQUIPMENT.
The following terms and conditions govern your use of the Software except to the extent that a particular program (a) is the
subject of a separate written agreement with Datalogic or (b) includes a separate “click-on” license agreement as part of the
installation and/or download process. Should a conflict arise between the provisions of the foregoing documents, the order of
precedence shall be (1) the written agreement, (2) the click-on agreement, and (3) this agreement (“Agreement”).
1. License. Subject to the terms and conditions of and except as otherwise provided in this Agreement, Datalogic Mobile S.r.l.
(“Datalogic”) and its suppliers grant to Customer (“Customer”) a nonexclusive and nontransferable license to use the specific
program modules, feature set(s) or feature(s) in object code form only as well as associated media, printed materials and
“online” or electronic documentation (the “Software”) for which Customer has paid, if required, the license fees. The Software is
licensed not sold. The license shall be subject to each of the following limitations:
• Unless otherwise expressly provided in the documentation, Customer shall use the Software solely as embedded in, for
execution on, or (where the applicable documentation permits installation on non-Datalogic equipment) for
communication with Datalogic equipment owned or leased by Customer;
• Customer’s use of the Software shall be limited to use on a single hardware chassis, on a single central processing unit,
as applicable, or use on such greater number of chassis or central processing units as Customer may have paid
Datalogic the required license fee; and
• Customer’s use of the Software shall also be limited, as applicable and set forth in Customer’s purchase order or in
Datalogic’s product catalog, user documentation, or web site, to a maximum number of (a) seats (i.e. users with access
to the installed Software), (b) concurrent users, sessions, ports, and/or issued and outstanding IP addresses, and/or (c)
central processing unit cycles or instructions per second. Customer’s use of the Software shall also be limited by any
other restrictions set forth in Customer’s purchase order or in Datalogic’s product catalog, user documentation or web site
for the Software.
2. General Limitations. Except as otherwise expressly provided under this Agreement, Customer shall have no right, and
Customer specifically agrees not to (i) transfer, assign or sublicense its license rights to any other person, or use the Software
on unauthorized or secondhand Datalogic equipment, and any such attempted transfer, assignment or sublicense shall be void;
(ii) correct errors to or otherwise modify or adapt the Software or create derivative works based upon the Software, or to permit
third parties to do the same; or (iii) decompile, decrypt, reverse engineer, disassemble or otherwise reduce the Software to
human-readable form to gain access to trade secrets or confidential information in the Software. To the extent required by law,
at Customer's request, Datalogic shall provide Customer with the interface information needed to achieve interoperability
between the Software and another independently created program, upon payment of Datalogic's applicable fee. Customer shall
observe strict obligations of confidentiality with respect to such information.
3. Upgrades and Additional Copies. For purposes of this Agreement, “Software” shall include (and the terms and conditions of
this Agreement shall apply to) any upgrades, updates, bug fixes or modified versions (collectively, “Upgrades”) or backup copies
of the Software licensed or provided to Customer by Datalogic or an authorized distributor for which Customer has paid the
applicable license fees. Notwithstanding any other provision of this Agreement: (1) customer has no license or right to use any
such additional copies or upgrades unless customer, at the time of acquiring such copy or upgrade, already holds a valid license
to the original Software and has paid the applicable fee for the upgrade, if required; (2) use of upgrades is limited to Datalogic
equipment for which customer is the original end user, purchaser or lessee or who otherwise holds a valid license to use the
Software which is being upgraded; and (3) use of additional copies is limited to backup purposes only.
4. Proprietary Notices. Customer agrees to maintain and reproduce all copyright and other proprietary notices on all copies, in
any form, of the Software in the same form and manner that such copyright and other proprietary notices are included on the
Software. Except as expressly authorized in this Agreement, Customer shall not make any copies or duplicates or any Software
without the prior written permission of Datalogic. Customer may make such backup copies of the Software as may be necessary
for Customer’s lawful use, provided Customer affixes to such copies all copyright, confidentiality, and proprietary notices that
appear on the original.
5. Protection of Information. Customer agrees that aspects of the Software and associated documentation, including the
specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of Datalogic. Customer
shall not disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party
without the prior written consent of Datalogic. Customer shall implement reasonable security measures to protect such trade
secrets and copyrighted material. Software and documentation shall remain solely property of Datalogic.
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