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®
RF Scanner
Datalogic Scanning, Inc.
POWERSCAN
®
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 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, Data-
logic 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 Dat-
alogic, Scanning Holdings, Inc. and its wholly owned subsidiaries 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, 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 recog-
nize 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 pro-
prietary rights, or (4) independently developed without access to Proprietary Information.
1.3 “Datalogic Product” means the Datalogic Powerscan
®
series, Powerscan
®
Imager series, Powerscan
®
EP series, Powerscan
®
LR series, Powerscan
®
HD series, and/or Powerscan RF
®
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 licensors in machine readable form which is embedded in the Dat-
alogic 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 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 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 desig-
nated 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 con-
ditions 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 pro-
tected 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 com-
mence 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.
5.2 End User shall not disclose, provide, or otherwise make available the Proprietary Information of Datalogic or its third party licensors to any person
other than End User’s authorized employees or agents who are under confidentiality agreement, and End User shall not use the Proprietary Informa-
tion other than in conjunction with use of the Datalogic Product exclusively for End User’s internal business purposes. End User shall take steps to
protect the Proprietary Information no less securely than if it were End User's own intellectual property.
5.3 The provisions of this Proprietary Information Section shall survive and continue for five (5) years after the termination of this Agreement.
6. Limited Warranty.
6.1 Datalogic warrants that, under normal use and operation, the Datalogic Product will conform substantially to the applicable Documentation for the
period specified in the Documentation. During this period, for all reproducible nonconformities for which Datalogic has been given written notice, Data-
logic will use commercially reasonable efforts to remedy nonconformities verified by Datalogic. End User agrees to supply Datalogic with all reasonably
requested information and assistance necessary to help Datalogic in remedying such nonconformities. For all defects reported to Datalogic within the