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www.balluff.com
BVS HS-Q Series
Standard Hand Held Barcode Reader
1
END USER SOFTWARE LICENSE AGREEMENT (EULA)
BALLUFF GMBH
1
END USER SOFTWARE LICENSE AGREEMENT (EULA)
FOR THE BVS HS-Q Series
Notice to End User: There are two types of software covered by this END USER LICENSE AGREEMENT ("EULA"):
(1) The Balluff Product you have acquired contains embedded software ("Embedded Software") which is integral to the
Product's operation; and (2) Optional Application Software provided to you on an optional basis ("Application Software").
Embedded Software and Application Software are collectively referred to as "Software" and are subject to the terms and
conditions contained in this EULA. Software is provided only for use with, and for authorized end users of, the
Balluff BVS HS-Q Series of hand held readers ("Product"). Portions of the Embedded Software include or operate with
Open Source software or libraries ("Open Source"). Use of Open Source is subject to the Open Source licenses entitled
"BVS_HS-QReaders_OpenSource.zip" available at the following website http://www.balluff.com.
This EULA (End User Software License Agreement) ("EULA" or "Agreement") is a legally binding agreement governing the
licensing of the Software and Documentation by Balluff GbmH. and its subsidiaries and affiliates ("Balluff") to the entity or
person who has purchased or otherwise acquired a Balluff Product ("End User"). For purposes of this Agreement, any
software that is not Embedded Software or Application Software is software associated with a separate end-user license
agreement is licensed to you under the terms of that license agreement. Balluff and End User hereby agree as follows:
1.
Definitions
1.1.
"Affiliate" means a business entity currently existing or later acquired that is controlled by, or is under common control
with Balluff GmbH.
1.2.
"Documentation" means materials such as user's guides, program reference guides, quick reference guides, manuals,
or similar materials associated with or related to the Balluff Product, whether in printed, "online", or other form.
1.3.
"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.
1.4.
"Balluff Product" means the Balluff BVS HS-Q series scanner 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 Balluff.
1.5.
"Software" means any software or computer programs of Balluff or its third party licensors in machine readable form
which is embedded in the Balluff Product, whether obtained directly or indirectly from Balluff, including any replacement,
update, upgrade, enhancement or modification.
2.
Scope Of License Granted
2.1.
Balluff grants to End User a non-exclusive, non-transferable, perpetual license to use the Software, solely on the Balluff
Product in which it is embedded ("designated Balluff 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 Balluff or the third party from whom Balluff 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 Balluff's prior written consent.
