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 provided 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 Dat-
alogic Product for instructions.
This End User Software License Agreement ("Agreement") is a legally binding agreement 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 otherwise 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 refer-
ence 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, 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. Propri-
etary 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® Powerscan™ series scanner product, including all
embedded Software in and all Documentation related to such product, which has been pur-
chased 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 Prod-
uct"), 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 "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 repro-
duce or remanufacture the Software, whether modified or unmodified, nor sell, assign, subli-
cense, 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 Data-
logic's prior written consent.
3. Transfers, Support
3.1 Any copying, installing, reproduction, remanufacture, reverse engineering, 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 Datalogic the applica-
ble 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 Datalogic's standard support fees
and under Datalogic's standard support terms and conditions in effect at the time the support is
requested.
4. Intellectual Property
End User acknowledges that the Software constitutes valuable trade secrets of Datalogic or Data-
logic's third party licensors and that the Software is protected by intellectual property laws and trea-
ties. 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 copyright, 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 confidential, proprietary, and trade
secret property of Datalogic and Datalogic'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 Proprietary Informa-
tion no less securely than if it were End User's own intellectual property.
5.3 The provisions of this Proprietary Information Section shall survive and continue for five (5) years
after the termination of this Agreement.
6. Limited Warranty
6.1 Datalogic warrants that, under normal use and operation, the Datalogic Product will conform
substantially to the applicable Documentation for the period specified in the Documentation.
During this period, for all reproducible nonconformities for which Datalogic has been given writ-
ten notice, Datalogic will use commercially reasonable efforts to remedy nonconformities veri-
fied by Datalogic. End User agrees to supply Datalogic with all reasonably requested information
and assistance necessary to help Datalogic in remedying such nonconformities. For all defects
reported to Datalogic within the warranty period, Datalogic's liability is limited to providing End
User with one copy of corrections or responding to End User's problem reports according to Dat-
alogic's standard assistance practices. Datalogic does not warrant that the product will meet
End User's requirements or that use of the product will be uninterrupted or error free, or that
Datalogic's remedial efforts will correct any nonconformance. This limited warranty does not
cover any product that have been subjected to damage or abuse, whether intentionally, acciden-
tally, or by neglect, or to unauthorized repair or unauthorized installation, and shall be void if End
User modifies the product, uses the product in any manner other than as established in the Doc-
umentation, or if End User breaches any of the provisions of this Agreement.
6.2 EXCEPT AS PROVIDED IN THIS AGREEMENT, THE DATALOGIC PRODUCT IS PROVIDED "AS IS" AND
DATALOGIC MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL,
WITH RESPECT TO THE PRODUCT, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. Infringement
7.1 Datalogic will defend End User against any claim in a lawsuit that the Datalogic Product fur-
nished hereunder infringe a United States patent or copyright of a third party and Datalogic will
pay any damages finally awarded against End User by a court of competent jurisdiction that are
attributable to such claim or will pay End User's part of any settlement that is attributable to
such claim, provided, that 1) End User notifies Datalogic promptly in writing of the claim, 2) Data-
logic controls the defense or settlement of the claim, and 3) End User cooperates fully with Dat-
alogic in such defense or settlement. All notices of a claim should be sent to Datalogic ADC, Inc.,
Legal Department, 959 Terry Street, Eugene, OR 97402.
7.2 In the defense or settlement of any such claim, Datalogic may, at its option, 1) procure for End
User the right to continue using the Datalogic Product, 2) modify the Datalogic Product so that it
becomes non-infringing, 3) replace the Datalogic Product with an equivalent product not subject
to such claim, or 4) provide End User an opportunity to return the Datalogic Product and receive a
refund of the purchase price paid, less a reasonable allowance for use.
A definition of the terms used to identify the pins is as follows:
SCAN
This scanner “open collector” output signal is used to synchronize the
decoding logic with the scanner. Each transition of this signal from
low-to-high or high-to-low corresponds to the start of a scan. The
signal is a TTL level 57 ms period square wave (see the following figure
Video and Scan signals).
GND
Supply ground and signal reference.
T
RIGGER
This output is connected to GND when the trigger is pressed and is left
floating when the trigger is released.
BEEPER/LED
This scanner input drives the green decoding LED, and the beeper in
the scanner. The LED turns on when a positive current is applied to the
pin. The beeper sound is obtained pulsating this current at a
frequency of about 2 kHz. The maximum voltage that can be applied
to this input is 5 VDC.
VIDEO
This “open collector” scanner output is electrically identical to the
barcode. It supplies a series of pulses the length of which are
proportional to the width of the elements within the barcode read. A
low output level corresponds to a bar. The frequency of the pulses
depends on the density of the code, the distance from code and the
programmed output scan frequency (see the following figure Video
and Scan signals).
LASER ON
A positive voltage between 4.75 and 5 VDC is applied to this input by
the decoder when the decoding logic senses the trigger is pressed;
this causes the laser to start scanning and the red LED to turn on.
+VCC
This input must be connected to the positive pin of the supply voltage
(4.75 - 14 VDC). When the LASER ON pin is positive, all the current
necessary to power the scanner flows tVCC.
Video and Scan Signals
DATALOGIC ADC LIMITED FACTORY WARRANTY
Warranty Coverage
Datalogic warranties this product against defects in workmanship and materials, for a
period of 3 years from the date of shipment, provided that the product is operated under
normal and proper conditions.
Datalogic ADC ("Datalogic") hardware products are warranted against defects in material
and workmanship under normal and proper use. The liability of Datalogic under this war-
ranty is limited to furnishing the labor and parts necessary to remedy any defect covered
by this warranty and restore the product to its normal operating condition. Repair or
replacement of product during the warranty does not extend the original warranty term.
Products are sold on the basis of specifications applicable at the time of manufacture and
Datalogic has no obligation to modify or update products once sold.
If Datalogic determines that a product has defects in material or workmanship, Datalogic
shall, at its sole option repair or replace the product without additional charge for parts
and labor, or credit or refund the defective products duly returned to Datalogic. To per-
form repairs, Datalogic may use new or reconditioned parts, components, subassemblies
or products that have been tested as meeting applicable specifications for equivalent new
material and products. Customer will allow Datalogic to scrap all parts removed from the
repaired product. The warranty period shall extend from the date of shipment from Data-
logic for the duration published by Datalogic for the product at the time of purchase (War-
ranty period). Datalogic warrants repaired hardware devices against defects in
workmanship and materials on the repaired assembly for a 90 day period starting from the
date of shipment of the repaired product from Datalogic or until the expiration of the orig-
inal warranty period, whichever is longer. Datalogic does not guarantee, and it is not
responsible for, the maintenance of, damage to, or loss of configurations, data, and appli-
cations on the repaired units and at its sole discretion can return the units in the "factory
default" configuration or with any software or firmware update available at the time of the
repair (other than the firmware or software installed during the manufacture of the prod-
uct). Customer accepts responsibility to maintain a back up copy of its software and data.
Warranty Claims Process
In order to obtain service under the Factory Warranty, Customer must notify Datalogic of
the claimed defect before the expiration of the applicable Warranty period and obtain
from Datalogic a return authorization number (RMA) for return of the product to a desig-
nated Datalogic service center. If Datalogic determines Customer's claim is valid, Datalogic
will repair or replace product without additional charge for parts and labor. Customer shall
be responsible for packaging and shipping the product to the designated Datalogic ser-
vice center, with shipping charges prepaid. Datalogic shall pay for the return of the prod-
uct to Customer if the shipment is to a location within the country in which the Datalogic
service center is located. Customer shall be responsible for paying all shipping charges,
duties, taxes, and any other charges for products returned to any other locations. Failure
to follow the applicable RMA policy, may result in a processing fee. Customer shall be
responsible for return shipment expenses for products which Datalogic, at its sole discre-
tion, determines are not defective or eligible for warranty repair.
Warranty Exclusions
The Datalogic Factory Warranty shall not apply to:
(i)
any product which has been damaged, modified, altered, repaired or upgraded
by other than Datalogic service personnel or its authorized representatives;
(ii)
any claimed defect, failure or damage which Datalogic determines was caused
by faulty operations, improper use, abuse, misuse, wear and tear, negligence,
improper storage or use of parts or accessories not approved or supplied by
Datalogic;
(iii) any claimed defect or damage caused by the use of product with any other
instrument, equipment or apparatus;
(iv) any claimed defect or damage caused by the failure to provide proper
maintenance, including but not limited to cleaning the upper window in
accordance with product manual;
(v)
any defect or damage caused by natural or man-made disaster such as but not
limited to fire, water damage, floods, other natural disasters, vandalism or
abusive events that would cause internal and external component damage or
destruction of the whole unit, consumable items;
(vi) any damage or malfunctioning caused by non-restoring action as for example
firmware or software upgrades, software or hardware reconfigurations etc.;
(vii) the replacement of upper window/cartridge due to scratching, stains or other
degradation and/or
(viii) any consumable or equivalent (e.g., cables, power supply, batteries, keypads,
touch screen, triggers etc.).
No Assignment
Customer may not assign or otherwise transfer its rights or obligations under this warranty
except to a purchaser or transferee of product. No attempted assignment or transfer in vio-
lation of this provision shall be valid or binding upon Datalogic
DATALOGIC'S LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITA-
TION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUR-
POSE, OR NONINFRINGEMENT. DATALOGIC SHALL NOT BE LIABLE FOR ANY DAMAGES
SUSTAINED BY CUSTOMER ARISING FROM DELAYS IN THE REPLACEMENT OR REPAIR OF
PRODUCTS UNDER THE ABOVE. THE REMEDY SET FORTH IN THIS WARRANTY STATEMENT
IS THE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR WARRANTY CLAIMS. UNDER NO
CIRCUMSTANCES WILL DATALOGIC BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR
ANY LOST PROFITS, OR ANY INCIDENTAL, CONSEQUENTIAL IN-DIRECT, SPECIAL OR CON-
TINGENT DAMAGES REGARDLESS OF WHETHER DATALOGIC HAD ADVANCE NOTICE OF
THE POSSIBILITY OF SUCH DAMAGES.
Risk of Loss
Customer shall bear risk of loss or damage for product in transit to Datalogic. Datalogic
shall assume risk of loss or damage for product in Datalogic's possession. In the absence of
specific written instructions for the return of product to Customer, Datalogic will select the
carrier, but Datalogic shall not thereby assume any liability in connection with the return
shipment.
DECLARATION OF CONFORMITY
La presente dichiarazione di conformità è rilasciata sotto la responsabilità esclusiva di Datalogic ADC Srl per:
This Declaration of Conformity is issued under the sole responsibility of Datalogic ADC Srl for:
Cette déclaration de conformité est établie sous la seule responsabilité de Datalogic Srl pour:
Diese Konformitätserklärung wird unter der alleinigen Verantwortung des Datalogic ADC Srl erteilt für:
Esta declaración de conformidad se expide bajo la exclusiva responsabilidad de Datalogic ADC Srl para:
PowerScan D83xx ; Barcode Reader
sono conformi alle Direttive del Consiglio Europeo sottoelencate:
are in conformity with the requirements of the European Council Directives listed below:
sont conformes aux spécifications des Directives de l'Union Européenne ci-dessous:
den nachstehenden angeführten Direktiven des Europäischen Rats:
cumple con los requisitos de las Directivas del Consejo Europeo, según la lista siguiente:
2004/108/EC - EMC Directive
2011/65/EU - RoHS Directive
Basate sulle legislazioni degli Stati membri in relazione alla compatibilità elettromagnetica ed alla sicurezza dei
prodotti.
On the approximation of the laws of Member States relating to electromagnetic compatibility and product safety.
Basée sur la législation des Etats membres relative à la compatibilité électromagnétique et à la sécurité des
produits.
Über die Annäherung der Gesetze der Mitgliedsstaaten in bezug auf elektromagnetische Verträglichkeit und
Produktsicherheit entsprechen.
Basado en la aproximación de las leyes de los Países Miembros respecto a la compatibilidad electromagnética y
las Medidas de seguridad relativas al producto.
Questa dichiarazione è basata sulla conformità dei prodotti alle norme seguenti:
This declaration is based upon compliance of the products to the following standards:
Cette déclaration repose sur la conformité des produits aux normes suivantes:
Diese Erklärung basiert darauf, daß das Produkt den folgenden Normen entspricht:
Esta declaración se basa en el cumplimiento de los productos con las siguientes normas:
Datalogic ADC Srl, Via S. Vitalino, 13
Lippo di Calderara di Reno (BO) 40012 Italy
EC-050
Rev.: 4
Pag.: 1 di 1
e tutti i suoi modelli
and all its models
et tous ses modèles
und seine Modelle
y todos sus modelos
EN 55022 (C
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EN 61000-6-2, A
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S
TANDARDS
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Lippo di Calderara, March29th , 2013
Ruggero Cacioppo
Quality & Reliability Manager - Europe
13
7.3 Datalogic shall have no liability to End User for claims of infringement based upon 1) the use of
any Datalogic Product in combination with any product which Datalogic has not either furnished
or authorized for use with such Datalogic Product 2) the use of any Datalogic Product designed,
manufactured, or modified to the specifications of End User, or 3) End User's modification of the
Datalogic Product without written authorization from Datalogic.
7.4 THE FOREGOING STATES DATALOGIC'S COMPLETE AND ENTIRE OBLIGATION CONCERNING
CLAIMS OF PATENT, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT, CAN-
CELS AND SUPERCEDES ANY PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN, BETWEEN
THE PARTIES CONCERNING SUCH CLAIMS, AND WILL NOT BE MODIFIED OR AMENDED BY ANY
PAST, CONTEMPORANEOUS, OR FUTURE AGREEMENTS OR DEALINGS BETWEEN THE PARTIES,
WHETHER ORAL OR WRITTEN, EXCEPT AS SET FORTH IN A FUTURE WRITING SIGNED BY BOTH
PARTIES.
8. Limitation Of Liability
EXCEPT AS PROVIDED IN SECTION 7, DATALOGIC SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST
END USER BY ANY OTHER PARTY. IN NO EVENT SHALL DATALOGIC'S LIABILITY FOR DAMAGES, IF
ANY, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY,
STRICT LIABILITY, WARRANTY, OR ANY OTHER BASIS, EXCEED THE PRICE OR FEE PAID BY END USER
FOR THE DATALOGIC PRODUCT. UNDER NO CIRCUMSTANCES SHALL DATALOGIC BE LIABLE TO END
USER OR ANY THIRD PARTY FOR LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS OR SER-
VICE, OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, CONTINGENT, INDIRECT, INCIDENTAL, PUNI-
TIVE, EXEMPLARY, OR OTHER SIMILAR DAMAGES, EVEN IF DATALOGIC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
9. Government Restricted Rights; International Use
9.1 Use, duplication, or disclosure of the Software by the U.S. Government is subject to the restric-
tions for computer software developed at private expense as set forth in the U.S. Federal Acqui-
sition Regulations at FAR 52.227-14(g), or 52.227-19 or in the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013(c)(1)(ii), whichever is applicable.
9.2 If End User is using the Datalogic Product outside of the United States, End User must comply
with the applicable local laws of the country in which the Datalogic Product is used, with U.S.
export control laws, and with the English language version of this Agreement. The provisions of
the "United Nations Convention on International Sale of Goods" shall not apply to this Agree-
ment.
10. Termination
10.1Either party may terminate this Agreement or any license granted under this Agreement at any
time upon written notice if the other party breaches any provision of this Agreement.
10.2Upon termination of this Agreement, End User immediately shall cease using any nonembedded
software and shall return to Datalogic or destroy all non-embedded software covered by this
Agreement, and shall furnish Datalogic with a certificate of compliance with this provision
signed by an officer or authorized representative of End User. For embedded software, End User
agrees to sign a waiver prepared by Datalogic concerning further use of the embedded Software.
End User's resumed or continued use of the embedded Software after termination shall consti-
tute End User's agreement to be bound by the terms and conditions of this Agreement for such
use.
11. General Provisions
11.1 Entire Agreement; Amendment. This document contains the entire agreement between the
parties relating to the licensing of the Software and supersedes all prior or contemporaneous
agreements, written or oral, between the parties concerning the licensing of the Software. This
Agreement may not be changed, amended, or modified except by written document signed by
Datalogic.
11.2 Notice. All notices required or authorized under this Agreement shall be given in writing, and
shall be effective when received, with evidence of receipt. Notices to Datalogic shall be sent to
the attention of Contract Administration, Datalogic ADC, Inc., 959 Terry Street, Eugene, OR 97402,
or such other address as may be specified by Datalogic in writing.
11.3 Waiver. A party's failure to enforce any of the terms and conditions of this Agreement shall not
prevent the party's later enforcement of such terms and conditions.
11.4 Governing Law; Venue: This Agreement and the rights of the parties hereunder shall be gov-
erned by and construed in accordance with the laws of the State of Oregon U.S.A, without regard
to the rules governing conflicts of law. The state or federal courts of the State of Oregon located
in either Multnomah or Lane counties shall have exclusive jurisdiction over all matters regarding
this Agreement, except that Datalogic shall have the right, at its absolute discretion, to initiate
proceedings in the courts of any other state, country, or territory in which End User resides, or in
which any of End User's assets are located.
11.5 Attorneys' Fees. In the event an action is brought to enforce the terms and conditions of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, both at trial and
on appeal.
- END -
SOFTWARE PRODUCT POLICY
Datalogic reserves the right to ship its products with the latest version of software/firmware
available. This provides our customers with the very latest in Datalogic software technology.
The only exception to this policy is when the buyer has a signed contract with Datalogic that
clearly defines the terms and conditions for making software/firmware changes in products
shipped to the buyer.
CUSTOMERS UNDER SOFTWARE SUPPORT
Customers that elect to subscribe to Datalogic Software Maintenance and Support Agree-
ment will receive 30 days advance notification of: (1) the release of a new software version;
and/or (2) discontinuation of any prior software version that will no longer be supported.
Datalogic will provide maintenance for a fee that will assist customers in transitioning to the
next software version. If a customer is currently using the software version being discontin-
ued, the customer may elect to transition to any one of the newer versions, depending on the
hardware in use.
To arrange for a Software Maintenance and Support Agreement please contact your Datalogic
sales person.
©2007-2014 Datalogic, Inc.• All rights reserved.
Datalogic and the Datalogic logo are registered trademarks of Datalogic
S.p.A. in many countries, including the U.S.A. and the E.U.
www.datalogic.com
