Quick Reference Guide
iii
Delfi Technologies A/S
END USER SOFTWARE LICENSE AGREEMENT (EULA)
FOR THE
DELFISCAN C85
Notice to End User: There are two types of software covered by this END USER
LICENSE AGREEMENT ("EULA"): (1) The D
elfi
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 D
elfiScan C85
("Product").
This EULA (End User
Software License
Agreement) ("EULA” or "Agreement") is
a
legally binding agreement governing the licensing of the Software and Documen-
tation by D
elfi Technologies A/S
and its subsidiaries and affiliates ("D
elfi
") to the
entity or person who
has purchased or otherwise acquired a D
elfi
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.
D
elfi
and
End
User hereby agree as follows:
1. Definitions.
1.1 "Affiliate" means a business entity currently existing or later acquired tha
t
controls, is controlled
by, or is under common
control with D
elfi technologies
1.2 "Documentation" means materials such as user's guides, program reference
guides, quick reference guides, manuals, or
similar
materials associated withor
related to the D
elfi
Product, whether in printed, "online", or other form.
1.3 "Proprietary Information" means: (a) source code, object code, software, docu-
mentation, and any related internal design, system design, data base
design,
algorithms, technology, technical
data or
information, implementation tech-
niques, 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 con-
fidential.
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 "D
elfi
Product" means the D
elfi's DelfiScan
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
D
elfi
.
1.5 "Software" means any software or computer programs of D
elfi
or its third
party
licensors in machine readable form
which is embedded in the D
elfi
Product,
whether obtained directly or indirectly from D
elfi
, including any
replacement,
update, upgrade, enhancement or
modification.
2. Scope Of License Granted.
2.1 D
elfi
grants to End User a non-exclusive, non-transferable, perpetual
license to use the Software, solely on the D
elfi
Product
in
which it is
embedded ("designated D
elfi
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
D
elfi
or
the third
party from
whom D
elfi
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 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 D
elfi
'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
