1
END USER SOFTWARE LICENSE AGREEMENT (EULA)
4
BVS HS-PB
Industrial Cordless Handheld Barcode Reader
BALLUFF GMBH
1
END USER SOFTWARE LICENSE AGREEMENT (EULA)
FOR THE BVS HS-P Series
Notice to End User: There are two types of software covered by this END
USER LICENSE AGREEMENT ("EULA"): (1) The Balluff Product you have
acquired contains embedded software ("Embedded Software") which is inte-
gral to the Product's operation; and (2) Optional Application Software pro-
vided to you on an optional basis ("Application Software"). Embedded
Software and Application Software are collectively referred to as "Software"
and are subject to the terms and conditions contained in this EULA. Software
is provided only for use with, and for authorized end users of, the Balluff BVS
HS-P Series of hand held readers ("Product"). Portions of the Embedded
Software include or operate with Open Source software or libraries ("Open
Source"). Use of Open Source is subject to the Open Source licenses entitled
" BVS_HS-PReaders_OpenSource.zip " available at the following website
http://www.balluff.com.
This EULA (End User Software License Agreement) ("EULA" or "Agreement") is a
legally binding agreement governing the licensing of the Software and Documenta-
tion by Balluff GbmH. and its subsidiaries and affiliates ("Balluff") to the entity or per-
son who has purchased or otherwise acquired a Balluff Product ("End User"). For
purposes of this Agreement, any software that is not Embedded Software or Appli-
cation Software is software associated with a separate end-user license agreement
is licensed to you under the terms of that license agreement. Balluff and End User
hereby agree as follows:
1. Definitions.
1.1
"Affiliate" means a business entity currently existing or later acquired that is
controlled by, or is under common control with Balluff GmbH.
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 Balluff 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 infor-
mation 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 Propri-
etary Information.
1.4 "Balluff Product" means the Balluff BVS HS-P series scanner product,
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 Balluff.
1.5
"Software" means any software or computer programs of Balluff or its third
party licensors in machine readable form which is embedded in the Balluff
Product, whether obtained directly or indirectly from Balluff, including any
replacement, update, upgrade, enhancement or modification.
2. Scope Of License Granted.
2.1 Balluff grants to End User a non-exclusive, non-transferable, perpetual
license to use the Software, solely on the Balluff Product in which it is
embedded ("designated Balluff 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 Balluff or the third party from whom Balluff has obtained a
licensed right. As used in this Agreement, the term "purchase" or its equiva-
lents 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 Balluff's
prior written consent.
