Falcon 4400 manual General Eula Terms and Conditions

Appendix A. PSC Falcon® Windows Mobile End User License Agreement

Notice to End User: The product you have acquired contains software, which is integral to the product's operation. This soft- ware is provided only for use with, and for authorized end users of, the PSC Falcon® 44xx series Portable Computing Device (“PSC Product”). The PSC Product operates with PSC software, including but not limited to, PSC documentation and all PSC software applications and software tools (e.g. Falcon Update Utility, Falcon Management Utility, and Falcon desktop Utility)(“Soft- ware”) and the PSC Product also operates with either Microsoft Windows®CE .NET or Windows® Mobile™ 5.0 software (“SOFTWARE”) (see Microsoft Addendum for specific terms and conditions)(hereinafter collectively referred to as “Software”).

Software is provided only for use with the PSC Product and any other use of Software is strictly prohibited and may subject you to legal action. Software is provided to you under license, subject to the terms and conditions of this end user license agreement (“EULA”). Any and all updates to Software shall also be subject to this EULA. In the event upgrades are made available, you will be authorized to order only one upgrade for each licensed PSC Product. If you use the PSC Product, you will be deemed to have accepted the terms and conditions of this EULA. If you do not intend to be bound to the terms of this EULA, PSC is not willing to license the Software to you, you may not use the PSC Product or the Software, and you must contact the party from whom you acquired the PSC Product for instructions on how to return the PSC Product.

This End User Software License Agreement (\"EULA\") is a legally binding agreement governing the licensing of the Software and Documentation by PSC Inc. and its wholly owned subsidiaries and affiliates (\"PSC\") to the entity or person who has pur- chased or otherwise acquired a PSC Product (\"End User\"). For purposes of this EULA, any software that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. PSC and End User hereby agree as follows:

GENERAL EULA TERMS AND CONDITIONS:

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 PSC 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 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 proprietary rights, or (4) independently developed without access to Proprietary Information.

1.3\"PSC Product\" means PSC's FALCON® Windows®CE .NET and/or Windows Mobile 5.0 44xx Series, including all pre- loaded Software in or provided in connection with the PSC Product and all Documentation related to such product, which has been purchased or otherwise acquired by End User, whether obtained directly or indirectly from PSC.

1.4\"Software\" means any software or computer program of PSC or its third party licensors in machine readable form which is either preloaded in, or provided in connection with, the PSC Product, whether obtained directly or indirectly from PSC, including any related update or upgrade such as enhancements or modifications.

2. Scope Of License Granted.

2.1PSC grants to End User a non-exclusive, non- transferable, perpetual license to use the Software, solely on a PSC Product, in machine- readable form only, solely for End User's internal business purposes. This EULA does not convey ownership of the Software to End User. Title to the Software shall be and remain with PSC or the third party from whom PSC has obtained a licensed right. As used in this EULA, the term \"purchase\" or its equivalents when applied to the Software shall mean \"acquire under license.\"

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 otherwise transfer the Soft- ware to any other person or organization, for purposes other than as expressly provided in this EULA, without PSC's prior written consent.

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