Datalogic Scanning GM4100 manual Gryphon Product Series END User License Agreement

Statement of Agency Compliance

Datalogic Scanning, Inc.

GRYPHON™ PRODUCT SERIES

END USER LICENSE AGREEMENT

Notice to End User: The Datalogic Product you have acquired contains embed- ded Software, which is integral 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 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 agree- ment governing the licensing of the Software and Documentation by Datalogic Scan- ning, Inc. and its 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 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 controls, 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, 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 confi- dential. 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® Gryphon™ 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.

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 own- ership 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.

2.2End 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 other- wise 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.

3. Transfers, Support.

3.1Any copying, installing, reproduction, remanufacture, reverse engineering, electronic transfer, or other use of the Software on other than the designated Datalogic Product will be a material breach of this Agreement. However, Data-

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