END USER SOFTWARE LICENSE AGREEMENT
Quick Reference Guide
iii
DATALOGIC IP TECH S.R.L.
END USER SOFTWARE LICENSE AGREEMENT
(EULA) FOR THE QUICKSCAN™ LITE QW2400 PRODUCT
SERIES
Notice to End User: There are two types of software covered by this END
USER LICENSE AGREEMENT ("EULA"): (1) The Datalogic Product you have
acquired contains embedded software ("Embedded Software") which is
integral to the Product's operation; and (2) Optional Application Software
provided 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 Datalogic Quickscan™ Lite QW2400. 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 available at the following website:
.
This EULA (End User Software License Agreement) ("EULA” or
"Agreement") is a legally binding agreement governing the licensing of
the Software and Documentation by Datalogic IP Tech S.r.l. and its
subsidiaries and 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 not Embedded
Software or Application Software is software 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 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 reference 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.
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 proprietary rights, or (4) independently developed without
access to Proprietary Information.
1.4 "Datalogic Product" means the Datalogic Quickscan™ Lite QW2400
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 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 modification.