Bedienungsanleitung Datalogic PowerScan 7000 2D (Seite 6 von 28) (Englisch)

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iv PowerScan™ 7000 2D

Datalogic ADC, 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 Holdings, Inc. and its wholly owned subsidiaries and affiliates (“Data-

logic”) to the entity or person who has purchased or otherwise acquired a Datalogic Product (“End User”). For pur-

poses 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, PowerScan

PD series, and/or PowerScan

series scanner product, including all embedded Software in and all Documentation related to such prod-

uct, 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 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.

2.1 Datalogic 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.

2.2 End User shall not copy, modify, decompile, disassemble, reverse engineer, or otherwise reproduce or reman-

ufacture the Software, whether modified or unmodified, nor sell, assign, sublicense, distribute, lend, rent, give,

or otherwise 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.

3.1 Any 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, Datalogic may elect not to terminate this Agreement or the granted licenses, but instead may elect

to notify End User that End User is deemed to have ordered and accepted a license for each breaching use.

End User shall pay Datalogic the applicable list price for such licenses as of the date of such breach.

3.2 End User shall not sell, assign, sublicense, distribute, lend, rent, give, or otherwise transfer the Datalogic

Product to any third party unless such third party agrees with Datalogic in writing to be bound by the terms

and conditions of this Agreement. Any such transfer of the Datalogic Product absent such agreement shall be

null and void.

3.3 End User may obtain support for Software from Datalogic at Datalogic’s standard support fees and under Dat-

alogic’s standard support terms and conditions in effect at the time the support is requested.

4. Intellectual Property.

End User acknowledges that the Software constitutes valuable trade secrets of Datalogic or Datalogic’s third party

licensors and that the Software is protected by intellectual property laws and treaties. The license set forth in this

Agreement does not transfer to End User any ownership of Datalogic’s or its third party licensors' copyrights, patents,

trademarks, service marks, trade secrets, or other intellectual property rights and End User shall have no right to

commence any legal actions to obtain such rights. End User shall not remove, modify, or take any other action that

would obscure any copyright, trademark, patent marking, or other intellectual property notices contained in or on the

Datalogic Product.

5. Proprietary Information.

5.1 End User acknowledges that Proprietary Information is the confidential, proprietary, and trade secret property

of Datalogic and Datalogic’s third party licensors and End User acquires no right or interest in any Proprietary

Information.

Datalogic PowerScan 7000 2D Seite 6

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