Datalogic GRYPHON Service Manual download pdf (Page 5)

Quick Reference Guide 1

Datalogic ADC, Inc.

GRYPHON™ 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 Software is being pro-

vided 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, 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 Datalogic Product for instructions.

This End User Software License Agreement ("Agreement") is a legally binding agree-

ment governing the licensing of the Software and Documentation by Datalogic Inc.

and its Affiliates ("Datalogic") to the entity or person who has purchased or other-

wise 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 "Affiliate" means a business entity currently existing or later acquired that con-

trols, 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, docu-

mentation, and any related internal design, system design, data base

design, algorithms, technology, technical data or information, implementa-

tion techniques, and trade secrets related to the Software, (b) any other

trade secrets marked appropriately or identified as proprietary or confiden-

tial, 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™ 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 Data-

logic Product, whether obtained directly or indirectly from Datalogic,

including any replacement, update, upgrade, enhancement or modifica-

tion.

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 Datalolgic 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 "pur-

chase" 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 oth-

erwise 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.

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