Datalogic Memor User Manual Page 5

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DATALOGIC END USER LICENSE AGREEMENT
BY DOWNLOADING OR INSTALLING THE SOFTWARE, OR BY USING DATALOGIC
EQUIPMENT THAT INCLUDES THIS SOFTWARE, YOU ARE CONSENTING TO BE
BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF
THIS AGREEMENT, THEN DO NOT DOWNLOAD, INSTALL, USE THE SOFTWARE
NOR DATALOGIC EQUIPMENT.
The following terms and conditions govern your use of the Software except to the extent that a particular
program (a) is the subject of a separate written agreement with Datalogic or (b) includes a separate “click-
on” license agreement as part of the installation and/or download process. Should a conflict arise between
the provisions of the foregoing documents, the order of precedence shall be (1) the written agreement, (2)
the click-on agreement, and (3) this agreement (“Agreement”).
1. License. Subject to the terms and conditions of and except as otherwise provided in this Agreement,
Datalogic Mobile S.r.l. (“Datalogic”) and its suppliers grant to Customer (“Customer”) a nonexclusive and
nontransferable license to use the specific program modules, feature set(s) or feature(s) in object code
form only as well as associated media, printed materials and “online” or electronic documentation (the
“Software”) for which Customer has paid, if required, the license fees. The Software is licensed not sold.
The license shall be subject to each of the following limitations:
Unless otherwise expressly provided in the documentation, Customer shall use the Software solely
as embedded in, for execution on, or (where the applicable documentation permits installation on
non-Datalogic equipment) for communication with Datalogic equipment owned or leased by
Customer;
Customer’s use of the Software shall be limited to use on a single hardware chassis, on a single
central processing unit, as applicable, or use on such greater number of chassis or central
processing units as Customer may have paid Datalogic the required license fee; and
Customer’s use of the Software shall also be limited, as applicable and set forth in Customer’s
purchase order or in Datalogic’s product catalog, user documentation, or web site, to a maximum
number of (a) seats (i.e. users with access to the installed Software), (b) concurrent users,
sessions, ports, and/or issued and outstanding IP addresses, and/or (c) central processing unit
cycles or instructions per second. Customer’s use of the Software shall also be limited by any other
restrictions set forth in Customer’s purchase order or in Datalogic’s product catalog, user
documentation or web site for the Software.
2. General Limitations. Except as otherwise expressly provided under this Agreement, Customer shall
have no right, and Customer specifically agrees not to (i) transfer, assign or sublicense its license rights to
any other person, or use the Software on unauthorized or secondhand Datalogic equipment, and any such
attempted transfer, assignment or sublicense shall be void; (ii) correct errors to or otherwise modify or
adapt the Software or create derivative works based upon the Software, or to permit third parties to do the
same; or (iii) decompile, decrypt, reverse engineer, disassemble or otherwise reduce the Software to
human-readable form to gain access to trade secrets or confidential information in the Software. To the
extent required by law, at Customer's request, Datalogic shall provide Customer with the interface
information needed to achieve interoperability between the Software and another independently created
program, upon payment of Datalogic's applicable fee. Customer shall observe strict obligations of
confidentiality with respect to such information.
3. Upgrades and Additional Copies. For purposes of this Agreement, “Software” shall include (and the
terms and conditions of this Agreement shall apply to) any upgrades, updates, bug fixes or modified
versions (collectively, “Upgrades”) or backup copies of the Software licensed or provided to Customer by
Datalogic or an authorized distributor for which Customer has paid the applicable license fees.
Notwithstanding any other provision of this Agreement: (1) customer has no license or right to use any
such additional copies or upgrades unless customer, at the time of acquiring such copy or upgrade,
already holds a valid license to the original Software and has paid the applicable fee for the upgrade, if
required; (2) use of upgrades is limited to Datalogic equipment for which customer is the original end user,
purchaser or lessee or who otherwise holds a valid license to use the Software which is being upgraded;
and (3) use of additional copies is limited to backup purposes only.
4. Proprietary Notices. Customer agrees to maintain and reproduce all copyright and other proprietary
notices on all copies, in any form, of the Software in the same form and manner that such copyright and
other proprietary notices are included on the Software. Except as expressly authorized in this Agreement,
Customer shall not make any copies or duplicates or any Software without the prior written permission of
Datalogic. Customer may make such backup copies of the Software as may be necessary for Customer’s
lawful use, provided Customer affixes to such copies all copyright, confidentiality, and proprietary notices
that appear on the original.
5. Protection of Information. Customer agrees that aspects of the Software and associated
documentation, including the specific design and structure of individual programs, constitute trade secrets
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