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PowerScan™ PBT9501
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 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, dis-
tribute, 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 con-
sent.
3. Transfers, Support
3.1 Any copying, installing, reproduction, remanufacture, reverse engi-
neering, 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 Data-
logic 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 Data-
logic's standard support fees and under Datalogic's standard sup-
port terms and conditions in effect at the time the support is
requested.
4. Intellectual Property
End User acknowledges that the Software comprises valuable trade
secrets of Datalogic or Datalogic's third party licensors and that the
Software is protected by United States copyright law and trade secret
law, and by all applicable international intellectual property laws and
treaty provisions. 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 copy-
right, 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 confi-
dential, proprietary, and trade secret property of Datalogic and Dat-
alogic'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 Information 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 exclusively for End User's internal
business purposes. End User shall take steps to protect the Propri-
etary Information no less securely than if it were End User's own
