ii
LaneHawk
TM
5000 Camera Unit
violation of any other's proprietary rights, or (4) independently developed without
access to Proprietary Information.
1.
"Datalogic Product" means the LaneHawk intelligent lighting and camera unit,
including all embedded Software and related Application Software and all Documen-
tation related to such Datalogic Product, which has been purchased or otherwise
acquired by End User, whether obtained directly or indirectly from Datalogic.
1.4
"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, or
which is offered as optional application software, whether obtained directly or indi-
rectly from Datalogic, including any replacement, update, upgrade, enhancement or
modification.
1.5
“ViPR Software” means application software offered under separate license that
may be used with the LaneHawk unit and which includes portions of software and/
or algorithms licensed to Datalogic by The University of British Columbia (“UBC”). To
the extent that ViPR Software is included in, or operates with, the LaneHawk unit,
the definition of Software shall include ViPR Software. UBC retains all property, right,
title, and interest in and to the Object Recognition Software Module and without
limitation, all UBC trademarks and other intellectual property rights in the Object
Recognition Software Module. Datalogic has obtained the right from UBC to grant
licenses of software including the Object Recognition Software Module and docu-
mentation. End User may not copy, decompile, reverse engineer, disassemble, or
modify the Object Recognition Software Module, and may not copy, modify, distrib-
ute or create derivative works of the Object Recognition Software Module documen-
tation, if any. End User may only use the Object Recognition Software Module as a
licensed component of LaneHawk unit and only for the purpose of retail loss pre-
vention. No other use is permitted
2. Scope Of License Granted.
2.1
Datalogic grants to End User a non-exclusive, non-transferable, limited license to
use the Software, solely on the Datalogic Product in which it is embedded, or for
Application Software, the product for which it is intended ("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
"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 other-
wise reproduce or remanufacture 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 Datalogic's prior written consent.
2.3
End User shall not nor shall End User allow its third party maintenance provider or
providers to:
• copy, modify or create derivative works of the Software;
• transfer Software to new, used or refurbished iLCU Hardware or back office server hardware;
• reverse assemble, reverse compile, reverse engineer, disassemble, or otherwise translate the
Software or any portion thereof;
• distribute or disclose the Software to any third parties;
• utilize the Software except as expressly authorized hereby;
• remove the Software from End User’s facilities;
• utilize the Software for the benefit of any third parties; or
• remove any proprietary notices or labels on or in the Software.
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 Prod-
uct will be a material breach of this Agreement. However, Datalogic may elect not to
Содержание LaneHawk 5000
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