Wasp Barcode WDI4600 2D Quick Reference Guide - Manual (Page 5)

Quick Reference Guide 1
Wasp Barcode Technologies
WDI4600 PRODUCT SERIES
END USER LICENSE AGREEMENT
Notice to End User: The Wasp Barcode Technologies Product you have acquired con-
tains 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 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 agree-
ment 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 controls,
is controlled by, or is under common control with Wasp Barcode Technologies.
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 confi-
dential. Proprietary Information does not include any information that the receiv-
ing 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) inde-
pendently developed without access to Proprietary Information.
1.4 "Wasp Product" means the Wasp WDI2100series 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 ("desig-
nated Wasp Product"), in machine-readable form only, solely for End User's inter-
nal business purposes. This Agreement does not convey ownership 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 Agree-
ment, 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 otherwise
transfer the Software to any other person or organization, for purposes other
than as expressly provided in this Agreement, without Wasp's prior written con-
sent.
3. Transfers, Support
3.1 Any copying, installing, reproduction, remanufacture, reverse engineering, elec-
tronic transfer, or other use of the Software on other than the designated Wasp
Product will be a material breach of this Agreement. However, Wasp may elect
not to terminate this Agreement or the granted licenses, but instead may elect to