Quick Reference Guide
1
Datalogic ADC, Inc.
GRYPHON™ PRODUCT SERIES 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 pro-
vided 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 agree-
ment governing the licensing of the Software and Documentation by Datalogic ADC,
Inc. and its Affiliates ("Datalogic") to the entity or person who has purchased or oth-
erwise 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
"Affiliate" means a business entity currently existing or later acquired that
controls, is controlled by, or is under common control with Datalogic S.p.A.
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 Datalogic 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, implementa-
tion techniques, and trade secrets related to the Software, (b) any other
trade secrets marked appropriately or identified as proprietary or confiden-
tial, 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
"Datalogic Product" means the Datalogic® Gryphon™ series scanner prod-
uct, 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 Datalogic.
1.5
"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 modifica-
tion.
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 "pur-
chase" 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 oth-
erwise transfer the Software to any other person or organization, for pur-
poses other than as expressly provided in this Agreement, without
Datalogic's prior written consent.
