EULA
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V
END USER SOFTWARE LICENSE AGREEMENT
(EULA) FOR THE GRYPHON™ I GBT/GM4200 PRODUCT SERIES
NOTICE TO END USER: BY DOWNLOADING OR INSTALLING THE SOFT-
WARE, OR BY USING THE DATALOGIC PRODUCT THAT INCLUDES THIS
SOFTWARE, THE END USER CONSENTS TO BE BOUND BY THIS AGREE-
MENT. IF THE END USER DOES NOT AGREE WITH ALL OF THE TERMS OF
THIS AGREEMENT, THEN DATALOGIC IS NOT WILLING TO LICENSE THE
SOFTWARE AND THE END USER IS NOT ALLOWED TO DOWNLOAD,
INSTALL OR USE THE SOFTWARE OR THE DATALOGIC PRODUCT---
This End User License Agreement ("EULA") is between Datalogic IP Tech
S.r.l. having its registered office at Via San Vitalino 13, 40012 Calderara di
Reno (Bologna), Italy ("Datalogic"), and you, either an individual or a single
entity, ("End User or "You"") who has purchased one or more GRYPHON™ I
GBT/GM4200 ("Datalogic Product") subject to the terms and conditions
provided in any relevant purchase or sale contract. This EULA applies to the
software contained in the Datalogic Product ("Embedded Software") and
to any other software, to the extent applicable, offered as optional applica-
tion software ("Application Software" that together with "Embedded Soft-
ware" is herein referred to as "Software").
1. Grant of License
1.1
Datalogic grants to End User, a personal, non-exclusive, non-transfer-
able, non sub licensable, revocable, limited license to use the Soft-
ware, solely on the Datalogic Product in which it is embedded or for
which it is intended for use, in machine-readable form only, solely for
End User's internal business purposes.
1.2
End Users shall not distribute, sublicense, rent, loan, lease, assign,
export, re-export, resell, ship or divert or cause to be exported, re-
exported, resold, shipped or diverted, directly or indirectly, the Soft-
ware under this Agreement. End User shall not, and shall not permit
others to: (i) modify, translate, decompile, reverse engineer, disas-
semble, or extract the inner workings of the Software, (ii) copy the
functionality of the Datalogic Products; (iii) remove any proprietary
notices, marks, labels, or logos from the Datalogic Products; (iv) rent
or transfer all or some of the Software to any other party without
Datalogic's prior written consent.
1.3
Title to the licensed Software shall be and remain with Datalogic or
the third party from whom Datalogic has obtained a license right.
This Agreement does not grant to End User any intellectual property
rights. As used in this Agreement the term "purchase" or its equiva-
lent when applied to the Software shall mean "acquire under
license". End User is not entitled to receipt or use of the source code
of any licensed Software.
1.4
Portions of the Datalogic Product are protected by the relevant and
applicable patent and copyright laws, international treaty provisions,
and other applicable laws. Therefore, End User must treat the Data-
logic Product like any other copyrighted material (e.g., a book or
musical recording) except that End User may make one copy of the
Software solely for back-up purposes. Unauthorized duplication of
the Software constitutes copyright infringement.
1.5
Any use of the Software outside of the conditions set forth herein is
strictly prohibited and will be deemed a breach of this Agreement
resulting in immediate termination of this Agreement. In the event of
a breach of this Agreement, Datalogic will be entitled to all available
remedies at law or in equity (including but not limiting to immediate
