Datalogic PowerScan PBT9500 Specifications download pdf (Page 5)

Quick Reference Guide iii

Datalogic ADC, Inc.

PowerScan™ 9500 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 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, Datalogic is not willing to license the Software to you, you

may not use the Datalogic Product or the Software, and you must con-

tact 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 Docu-

mentation by Datalogic ADC, Inc. and its 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 "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

reference guides, quick reference guides, manuals, or similar mate-

rials 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, soft-

ware, 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 confi-

dential. 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 viola-

tion of any other's proprietary rights, or (4) independently devel-

oped without access to Proprietary Information.

1.4 "Datalogic Product" means the Datalogic® Powerscan™ series scan-

ner product, including all embedded Software in and all Documen-

tation related to such product, which has been purchased or

otherwise acquired by End User, whether obtained directly or indi-

rectly 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 non-exclusive, non-transferable,

perpetual license to use the Software, solely on the Datalogic Prod-

uct in which it is embedded ("designated Datalogic Product"), in

machine-readable form only, solely for End User's internal busi-

ness purposes. This Agreement does not convey ownership of the

Software to End User. Title to the Software shall be and remain

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