DATALOGIC SCANNING, INC. MAGELLAN
TM
END USER
LICENSE AGREEMENT
Notice to End User: The Datalogic 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 conditions of this Agreement. If you use the Datalogic 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 Software and Documentation by Datalogic Scanning Holdings, Inc. and its 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 software 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 refer-
ence 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. Pro-
prietary 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 the Datalogic Magellan
TM
800i, Magellan
TM
1000i series, Magel-
lan
TM
1100i series, Magellan
TM
1400i series, Magellan
TM
2200VS series, Magellan
TM
2300HS
series, Magellan
TM
3200VSi series, Magellan
TM
3300HSi series, Magellan
TM
8100 series,
Magellan
TM
8200 series, Magellan
TM
8300 series, Magellan
TM
8400 series, Magellan
TM
8500
series, Magellan
TM
9500 series, and/or Magellan SL
TM
series scanner and/or scanner/scale
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 indi-
rectly from Datalogic.
1.4
"Software" means any software or computer programs of Datalogic or its third party licensors in
machine readable form which is embedded in the Datalogic Product, whether obtained directly or
indirectly from Datalogic, including any replacement, update, upgrade, enhancement or modifi-
cation.
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 the Datalogic Product in which it is embedded ("designated Datalogic Prod-
uct"), in machine-readable form only, solely for End User's internal business purposes. This
