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Pegaso™ Industrial PDA with Windows
®
CE
User's internal business purposes. This Agreement does not convey ownership of the Soft-
ware to End User. Title to the Software shall be and remain with Datalogic or the third party
from whom Datalogic has obtained a licensed right. As used in this Agreement, the term “pur-
chase” 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 Software to any other person
or organization, for purposes other than as expressly provided in this Agreement, or to the
extent specifically 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 trans-
fer 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.
3.3 End User may obtain support for Software from Datalogic at Datalogic’s standard support
fees and under Datalogic’s standard support terms and conditions in effect at the time the
support is requested.
4. Intellectual Property.
End User acknowledges that the Software constitutes valuable trade secrets of Datalogic or
Datalogic’s third party licensors and that the Software is protected by intellectual property
laws and treaties. The license set forth in this Agreement does not transfer to End User any
ownership of Datalogic’s or its third party licensors' copyrights, patents, trademarks, service
marks, trade secrets, or other intellectual property rights and End User shall have no right to
commence any legal actions to obtain such rights. End User shall not remove, modify, or take
any other action that would obscure any copyright, trademark, patent marking, or other intel-
lectual property notices contained in or on the Datalogic Product.
5. Proprietary Information.
5.1 End User acknowledges that Proprietary Information is the confidential, proprietary, and
trade secret property of Datalogic and Datalogic’s third party licensors and End User acquires
no right or interest in any Proprietary Information.
5.2 End User shall not disclose, provide, or otherwise make available the Proprietary Informa-
tion of Datalogic or its third party licensors to any person other than End User’s authorized
employees or agents who are under confidentiality agreement, and End User shall not use
the Proprietary Information other than in conjunction with use of the Datalogic Product exclu-
sively for End User’s internal business purposes. End User shall take steps to protect the Pro-
prietary Information no less securely than if it were End User's own intellectual property.
5.3 The provisions of this Proprietary Information Section shall survive and continue for five
(5) years after the termination of this Agreement.
6. Limited Warranty.
6.1 Datalogic warrants that, under normal use and operation, the Datalogic Product will con-
form substantially to the applicable Documentation for the period specified in the Documenta-
