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Datalogic Mobile

Falcon® Management Utility™

End User License Agreement

NOTICE: Your use of the Falcon Management Utility (FMU) Software and Documentation (“Licensed Products”) is conditioned on your accepting and agreeing to the terms and conditions set forth in this Agreement. By using the Licensed Products, you agree to be bound by the terms of this Agreement. If you do not intend to be bound to the terms of this Agreement, Datalogic is unwilling to license the Licensed Products to you. In such event, you may not use or copy the Licensed Products, and you should promptly contact the seller of the Licensed Products for instructions on return of the unused Licensed Products for a refund.

This End User Software License Agreement (“Agreement”) is a legal agreement between the entity or person who has pur- chased the Licensed Products (“End User”) and Datalogic Mobile Inc., its subsidiaries and affiliates, (Datalogic), and governs the licensing of the Licensed Products by Datalogic to End User. Any software provided along with the Licensed Products 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 agree as follows:

1. Definitions.

1.1“Authorized Use” means End User’s Use of the Licensed Products exclusively with Datalogic Mobile Product(s) solely for End User’s internal business purposes.

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“Licensed Products” means the Software and Documentation acquired by End User.

1.4“Software” means the Falcon Management Utility Software and any other software or computer program of Datalogic or its third party licensors in machine readable form acquired by End User, including any related update or upgrade such as enhance- ments or modifications, whether obtained directly or indirectly from Datalogic.

1.5“Proprietary Information” means all (a) source 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 Licensed Products and (b) any other trade secrets marked appropriately or identified as proprietary or confidential, or 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.

1.6“Use” means storing, installing, copying, downloading, accessing, executing, operating, or displaying any portion of the Licensed Products by End User on any hardware device.2. Scope Of License Granted.

2. Scope of License Granted.

2.1Unless End User has purchased a multiple user license, this Agreement grants End User a license to install a single copy of the Software on a single Datalogic terminal. If End User has purchased a multiple user license, End User is granted a license to install a copy of the Software on the number of Datalogic terminals authorized on the printed label of the Software package.

2.2The license granted to End User by Datalogic shall be a non-exclusive, non-transferable, terminable license to use the Soft- ware in machine-readable form only, solely for End User's internal business purposes. This Agreement does not convey owner- ship of the Licensed Products to End User. Title to the Licensed Products shall be and remain with Datalogic or the third party licensor from whom Datalogic has obtained a licensed right. As used in this Agreement, the term “purchase” or its equivalents shall mean “acquire under license.” End User acknowledges that the Licensed Products constitute valuable trade secrets of Dat- alogic or Datalogic’s third party licensors and that the Licensed Products are protected by intellectual property laws and treaties. End User is not entitled to receipt or use of the source code to any Software.

User’s Manual v