Datalogic Scanning 4410 - Manual (Page 61)

Quick Reference Guide 59
Appendix A: Datalogic Mobile
Falcon
®
Windows
®
CE Series
End User License Agreement
Notice to End User: The Datalogic Product you have acquired contains 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 Data-
logic 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 agreement governing the licensing of the Soft-
ware and Documentation by Datalogic Mobile, Inc. and its wholly owned subsidiaries and affiliates (“Datalogic”) to the entity or
person who has purchased or otherwise acquired a Datalogic Product (“End User”). For purposes of this Agreement, any soft-
ware 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 “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.
1.2 “Proprietary Information” means: (a) source code, object code, software, 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 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.
1.3 “Datalogic Product” means Datalogic Mobile’s Falcon® Windows® CE .NET Series, including all preloaded Software in or
provided in connection with the Datalogic Product and all Documentation related to such product, which has been purchased or
otherwise acquired by End User, whether obtained directly or indirectly from Datalogic.
1.4 “Software” means any software or computer programs of Datalogic or its third party licensors in machine readable form which
is either preloaded in or provided in connection with the Datalogic Product, whether obtained directly or indirectly from Datalogic,
including any related update or upgrade such as enhancements or modifications.
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 a Datalogic
Product, in machine-readable form only, solely for End User's internal business purposes. This Agreement does not convey own-
ership of the Software to End User. Title to the Software shall be and remain with Datalogic or the third party from whom Data-
logic 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.”
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 Soft-
ware to any other person or organization, for purposes other than as expressly provided in this Agreement, or to the extent spe-
cifically allowed under foreign law solely for the purposes of interoperability, without Datalogic’s prior written consent.
3. Transfers, Support.
3.1 Any copying, installing, reproduction, remanufacture, reverse engineering, electronic transfer, or other use of the Software on
other than a Datalogic Product will be a material breach of this Agreement.
3.2 End User shall not sell, assign, sublicense, distribute, lend, rent, give, or otherwise transfer a Datalogic Product containing
Software to any third party unless such third party agrees with Datalogic in writing to be bound by the terms and conditions of
this Agreement. Any such transfer of a Datalogic Product absent such agreement shall be null and void.