AIRTRACK, INC.
END USER SOFTWARE LICENSE AGREEMENT (EULA)
FOR THE S2
Notice to End User: There are two types of software covered by this END
USER LICENSE AGREEMENT ("EULA"): (1) The AirTrack Product you have
acquired contains embedded software ("Embedded Software") which is
integral to the Product's operation; and (2) Optional Application Software
provided to you on an optional basis ("Application Software"). Embedded
Software and Application Software are collectively referred to as "Software"
and are subject to the terms and conditions contained in this EULA.
Software is provided only for use with, and for authorized end users of, the
AirTrack S2 ("Product"). Portions of the Embedded Software include or
operate with Open Source software or libraries ("Open Source").
This EULA (End User Software License Agreement) ("EULA” or "Agreement") is
a legally binding agreement governing the licensing of the Software and
Documentation by AirTrack, Inc. and its subsidiaries and affiliates ("AirTrack") to
the entity or person who has purchased or otherwise acquired a AirTrack Product
("End User"). For purposes of this Agreement, any software that is not Embedded
Software or Application Software is software associated with a separate end-user
license agreement is licensed to you under the terms of that license agreement.
AirTrack 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 AirTrack.
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 AirTrack 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 "AirTrack Product" means the AirTrack® S2 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 AirTrack.
1.5 "Software" means any software or computer programs of AirTrack or its third
party licensors in machine readable form which is embedded in the AirTrack
Product, whether obtained directly or indirectly from AirTrack, including any
replacement, update, upgrade, enhancement or modification.
2.
Scope of License Granted.
2.1 AirTrack grants to End User a non-exclusive, non-transferable, perpetual
license to use the Software, solely on the AirTrack Product in which it is
embedded ("designated AirTrack 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 AirTrack or the third party from whom AirTrack 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
AirTrack’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
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