Software Product Policy

Laser Cautions

The imager may contain a laser pointer (this is a value-added option), which is certified in the U.S. to conform to the requirements of DHHS/CDRH 21CFR Subchapter J for Class II and IEC 60825-1 for Class 2 products. Class II (2) products are not considered to be hazardous. Laser pointer models of the imager contain a Visible Laser Diode (VLD) at a wavelength of 635-670 nanometers and is designed so that there can be no human access to harmful levels of laser light dur- ing normal operation, user maintenance, or during prescribed service operations. See the User Man- ual for laser pointer configuration information and barcodes.

Do not attempt to open or otherwise service any components in the optics cavity. Opening or servicing any part of the optics cavity by unau- thorized personnel may violate laser safety regulations.

CAUTION

Datalogic reserves the right to ship its products with the latest version of software/firmware avail- able. This provides our customers with the very latest in Datalogic software technology.

The only exception to this policy is when the buyer has a signed contract with Datalogic that clearly defines the terms and conditions for making software/firmware changes in products shipped to the buyer.Datalogic Scanning, Inc.

POWERSCAN® END USER LICENSE AGREEMENT

Notice to End User: The Datalogic Product you have acquired contains embedded Software, which is inte- gral to the product’s operation. This Software is being provided to you under license, subject to the terms and conditions of this Agreement. If you use the Datalogic 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 Agree- ment, Datalogic is not willing to license the Software to you, you may not use the Datalogic Product or the Software, and you must contact the party from whom you acquired the Datalogic Product for instructions.

This End User Software License Agreement (“Agreement”) is a legally binding agreement governing the licensing of the Software and Documentation by Datalogic, Scanning Holdings, Inc. and its wholly owned subsidiaries and affili- ates (“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 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"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.

1.2"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“Datalogic Product” means the Datalogic Powerscan® series, Powerscan® Imager series, Powerscan® EP series, Powerscan® LR series, Powerscan® HD series, and/or Powerscan RF® series scanner and/or scan- ner/scale 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 Data- logic.

1.4"Software" means any software or computer programs of Datalogic or its third party licensors in machine read- able form which is embedded in the Datalogic Product, whether obtained directly or indirectly from Datalogic, including any replacement, update, upgrade, enhancement or modification.

2.Scope Of License Granted.

2.1Datalogic grants to End User a non-exclusive, non-transferable, perpetual license to use the Software, solely on the Datalogic Product in which it is embedded (“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.


4		PowerScan® PBT7100 Base Station