PSC PowerScan, Quick Reference Manual

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iv PowerScan
®
PDF and 2D Imagers
PSC INC. POWERSCAN
®
END USER LICENSE
AGREEMENT
Notice to End User: The PSC 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 con-
ditions of this Agreement. If you use the PSC 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, PSC is not
willing to license the Software to you, you may not use the PSC Product or the Software, and you must con-
tact the party from whom you acquired the PSC Product for instructions.
This End User Software License Agreement (“Agreement”) is a legally binding agreement governing the licensing of
the Software and Documentation by PSC Inc. and its wholly owned subsidiaries and affiliates (“PSC”) to the entity or
person who has purchased or otherwise acquired a PSC 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. PSC and End User hereby agree as follows:
1. Definitions.
1.1 "Documentation" means materials such as user’s guides, program reference guides, quick reference guides,
manuals, or similar materials associated with or related to the PSC Product, whether in printed, “online”, or
other form.
1.2 "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, imple-
mentation techniques, and trade secrets related to the Software, (b) any other trade secrets marked appropri-
ately 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 propri-
etary rights, or (4) independently developed without access to Proprietary Information.
1.3 “PSC Product” means the PSC Powerscan ® series, Powerscan ® Imager series, Powerscan ® EP series, Pow-
erscan ® LR series, Powerscan ® HD series, and/or Powerscan RF ® series scanner and/or scanner/scale 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 PSC.
1.4 "Software" means any software or computer programs of PSC or its third party licensors in machine readable
form which is embedded in the PSC Product, whether obtained directly or indirectly from PSC, including any
replacement, update, upgrade, enhancement or modification.
2. Scope Of License Granted.
2.1 PSC grants to End User a non-exclusive, non-transferable, perpetual license to use the Software, solely on
the PSC Product in which it is embedded (“designated PSC 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 PSC or the third party from whom PSC has obtained
a licensed right. As used in this Agreement, the term “purchase” or its equivalents when applied to the Soft-
ware 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 reman-
ufacture 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 PSC’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 PSC Product will be a material breach of this Agreement. However,
PSC 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 PSC the applicable 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 PSC Product
to any third party unless such third party agrees with PSC in writing to be bound by the terms and conditions
of this Agreement. Any such transfer of the PSC Product absent such agreement shall be null and void.
3.3 End User may obtain support for Software from PSC at PSC’s standard support fees and under PSC’s stan-
dard 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 PSC or PSC’s third party licensors
and that the Software is protected by intellectual property laws and treaties. The license set forth in this Agreement
does not transfer to End User any ownership of PSC’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 PSC Product.
5. Proprietary Information.
5.1 End User acknowledges that Proprietary Information is the confidential, proprietary, and trade secret property
of PSC and PSC’s third party licensors and End User acquires no right or interest in any Proprietary Informa-
tion.
5.2 End User shall not disclose, provide, or otherwise make available the Proprietary Information of PSC or its