Quick Reference Guide i
Datalogic ADC, 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 Soft-
ware is being provided to you under license, subject to the terms and condi-
tions 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 Software to you, you may not use the Datalogic Product or the
Software, and you must contact the party from whom you acquired the Data-
logic 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 ADC, Inc. and its Affiliates ("Datalogic") to the entity or person who has
purchased or otherwise acquired a Datalogic Product ("End User"). For pur-
poses 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 "Affiliate" means a business entity currently existing or later acquired that
controls, is controlled by, or is under common control with Datalogic
S.p.A.
1.2 "Documentation" means materials such as user's guides, program refer-
ence 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 propri-
etary or confidential, and (c) any information that End User, under the
circumstances, should recognize as confidential. Proprietary Informa-
tion 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 Data-
logic.
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 Dat-
alogic, 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 Agree-
ment 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 Agree-
ment, the term "purchase" or its equivalents when applied to the Soft-
ware shall mean "acquire under license." End User is not entitled to
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