(EULA) FOR THE GRYPHON™ GFS44XX PRODUCT SERIES
Quick Reference Guide iii
DATALOGIC IP TECH S.R.L.
END USER SOFTWARE LICENSE AGREEMENT
(EULA) FOR THE GRYPHON™ GFS44XX PRODUCT SERIES
Notice to End User: There are two types of software covered by this END USER LICENSE
AGREEMENT ("EULA"): (1) The Datalogic 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 Datalogic Gryphon™ GFS44XX. Portions of the Embedded Software include or
operate with Open Source software or libraries ("Open Source"). Use of Open Source is subject to
the Open Source licenses available at the following website: http://www.datalogic.com/oss.
This EULA (End User Software License Agreement) ("EULA” or "Agreement") is a legally binding
agreement governing the licensing of the Software and Documentation by Datalogic IP Tech S.r.l.
and its 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 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. Datalogic and End User hereby agree as follows:
1. Definitions.
1.1 "Affiliate" means a business entity currently existing or later acquired that 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 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 Gryphon™ GFS44XX 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 personal non-exclusive, non-transferable, perpetual
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