iv
PowerScan
®
7000 2D
Datalogic Scanning, Inc.
POWERSCAN
®
END USER LICENSE AGREEMENT
Notice to End User: The Datalogic Product you have acquired contains embedded Software, which is inte-
gral 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 Agree-
ment, 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 wholly owned subsidiaries and affili-
ates (“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 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 cir-
cumstances, 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 propri-
etary rights, or (4) independently developed without access to Proprietary Information.
1.3
“Datalogic Product” means the Datalogic Powerscan
®
series, Powerscan
®
Imager series, Powerscan
®
EP
series, Powerscan
®
LR series, Powerscan
®
HD series, and/or Powerscan RF
®
series scanner and/or scan-
ner/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 indirectly from Data-
logic.
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 Data-
logic, including any replacement, update, upgrade, enhancement or modification.
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 Product”), in machine-readable form
only, solely for End User's internal business purposes. This Agreement does not convey ownership of the
Software 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 “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 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 the designated Datalogic Product will be a material breach of this Agreement.
However, Datalogic may elect not to terminate this Agreement or the granted licenses, but instead may elect
to notify End User that End User is deemed to have ordered and accepted a license for each breaching use.
End User shall pay Datalogic the applicable list price for such licenses as of the date of such breach.
3.2
End User shall not sell, assign, sublicense, distribute, lend, rent, give, or otherwise transfer the Datalogic
Product 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 the 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 Dat-
alogic’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, pat-
ents, 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 intellectual 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.
