Datalogic Mobile
Pegaso™ Windows® CE
End User License Agreement
Notice to End User: The Datalogic Product you have acquired contains Software, which is integral to the product’s operation. This Software is being provided to you under license, sub- ject 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 Agreement, 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 Mobile, Inc. and its wholly owned subsidiaries and affiliates (“Datalogic”) to the entity or person who has pur- chased or otherwise acquired a Datalogic Product (“End User”). For purposes of this Agree- ment, any software that is associated with a separate
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 Data- logic 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, implementation techniques, and trade secrets related to the Software, (b) any other trade secrets marked appropriately or identified as proprietary or con- fidential, 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 posses- sion 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.
1.3“Datalogic Product” means Datalogic Mobile’s Pegaso Windows® CE .NET Series, including all preloaded Software in or provided in connection with the Datalogic Product and all Documentation related to such product, which has been purchased or otherwise acquired by End User, whether obtained directly or indirectly from Datalogic.
1.4“Software” means any software or computer programs of Datalogic or its third party licen- sors in machine readable form which is either preloaded in or provided in connection with the Datalogic Product, whether obtained directly or indirectly from Datalogic, including any related update or upgrade such as enhancements or modifications.
2. Scope Of License Granted.
2.1Datalogic grants to End User a
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