EULA
IV
BC9600 BASE STATIONS
END USER SOFTWARE LICENSE AGREEMENT
(EULA) FOR THE POWERSCAN™ PM/PBT9600 PRODUCT SERIES
NOTICE TO END USER: BY DOWNLOADING OR INSTALLING THE SOFTWARE, OR BY USING THE DAT
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ALOGIC PRODUCT THAT INCLUDES THIS SOFTWARE, THE END USER CONSENTS TO BE BOUND BY
THIS AGREEMENT. IF THE END USER DOES NOT AGREE WITH ALL OF THE TERMS OF THIS AGREE
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MENT, 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 PowerScan™
PBT/PM9600 ("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
application software ("Application Software" that together with "Embedded Software" is herein
referred to as "Software"). Any Open Source used in a conjunction with the Software is subject to the
Open Source licenses available at the following website:
http://www.datalogic.com/oss
1. Grant of License
1.1 Datalogic grants to End User, a personal, non-exclusive, non-transferable, non sub licensable,
revocable, limited license to use the Software, 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 Software under this Agreement. End User shall not, and shall not permit others
to: (i) modify, translate, decompile, reverse engineer, disassemble, or extract the inner work
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ings of the Software, (ii) copy the functionality of the Datalogic Products; (iii) remove any pro
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prietary 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 intellec
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tual property rights. As used in this Agreement the term "purchase" or its equivalent 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 Datalogic 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 termination of the license without
notice, immediate injunctive relief and repossession of all Datalogic Products).
1.6 Without prejudice of the foregoing, End User grants to Datalogic and its independent accoun
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tants or consultants the right to examine End User's books, records and accounts during End
User's normal business hours to verify compliance with this Agreement. In the event such
audit discloses non-compliance with this Agreement, Datalogic shall be entitled to immedi
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ately terminate the Agreement, request End User to promptly pay all (additional) license fees
due and any further damages, if any.
2. License Fee
License fees shall be due by End User to Datalogic according to the terms provided for in the rele
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vant contract for the purchase of the Datalogic Product.
3. Termination
Without prejudice to any other rights or remedies Datalogic may have, Datalogic may terminate this
Agreement if End User fails to comply with the terms and conditions of this Agreement. Datalogic
may terminate this Agreement by offering you a superseding Agreement for the Software or any
replacement or modified version of or upgrade to the Software and conditioning your continued use
