End user license agreement – Wasp Barcode WLS9600 Quick Reference Guide User Manual

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Quick Reference Guide

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Wasp Barcode Technologies

WLS9600 PRODUCT SERIES

END USER LICENSE AGREEMENT

Notice to End User: The Wasp Barcode Technologies 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 condi-
tions of this Agreement. If you use the Wasp 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, Wasp is not willing to license the Software
to you, you may not use the Wasp Product or the Software, and you must contact
the party from whom you acquired the Wasp Product for instructions.
This End User Software License Agreement ("Agreement") is a legally binding
agreement governing the licensing of the Software and Documentation by Wasp
Barcode Technologies and its Affiliates ("Wasp") to the entity or person who has
purchased or otherwise acquired a Wasp 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. Wasp
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 Wasp Barcode Tech-
nologies.

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 Wasp 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, implementation tech-
niques, 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 con-
fidential. 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 "Wasp Product" means the Wasp WLS9600 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 Wasp.

1.5 "Software" means any software or computer programs of Wasp or its third

party licensors in machine readable form which is embedded in the Wasp
Product, whether obtained directly or indirectly from Wasp, including any
replacement, update, upgrade, enhancement or modification.

2. Scope Of License Granted

2.1 Wasp grants to End User a non-exclusive, non-transferable, perpetual license

to use the Software, solely on the Wasp Product in which it is embedded
("designated Wasp Product"), in machine-readable form only, solely for End
User's internal business purposes. This Agreement does not convey owner-
ship of the Software to End User. Title to the Software shall be and remain
with Wasp or the third party from whom Wasp has obtained a licensed right.
As used in this Agreement, the term "purchase" 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 other-
wise transfer the Software to any other person or organization, for purposes
other than as expressly provided in this Agreement, without Wasp's prior
written consent.

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