end user license agreement

FCC ID: U4GDL35US

Users Manual

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FCCID_4072922

END USER LICENSE AGREEMENT 1.4 Portions of the Datalogic Product are protected by the relevant and applicable patent and copyright laws, 4. Limited Warranty Datalogic warrants that, under normal use and 7. Support End User may request support for Software from NOTICE TO END USER: BY DOWNLOADING OR INSTALLING THE international treaty provisions, and other applicable operation, the Software will conform substantially to Datalogic at Datalogic’s standard support fees and under SOFTWARE, OR BY USING THE DATALOGIC PRODUCT THAT laws. Therefore, End User must treat the Datalogic the applicable Datalogic Product documentation for the Datalogic’s standard support terms and conditions in INCLUDES THIS SOFTWARE, THE END USER CONSENTS TO BE Product like any other copyrighted material (e.g., a book period specified in the same, provided that the Software effect at the time the support is requested. BOUND BY THIS AGREEMENT. IF THE END USER DOES NOT AGREE or musical recording) except that End User may make is used with the Datalogic Product. Datalogic’s entire 8. Government Restricted Rights; International Use WITH ALL OF THE TERMS OF THIS AGREEMENT, THEN DATALOGIC one copy of the Software solely for back-up purposes. liability and End User’s sole and exclusive remedy for IS NOT WILLING TO LICENSE THE SOFTWARE AND THE END USER Unauthorized duplication of the Software constitutes any breach of the foregoing limited warranty will be, 8.1 Use, duplication, or disclosure of the Software by the U.S. IS NOT ALLOWED TO DOWNLOAD, INSTALL OR USE THE SOFTWARE copyright infringement. at Datalogic’s option, the provision of a downloadable Government is subject to the restrictions for computer OR THE DATALOGIC PRODUCT patch or replacement software. software developed at private expense as set forth in 1.5 Any use of the Software outside of the conditions set Datalogic does not warrant (i) that Software will the U.S. Federal Acquisition Regulations at FAR 52.227- This End User License Agreement (“EULA”) is between forth herein is strictly prohibited and will be deemed meet End User’s requirements; (ii) that Software will 14(g), or 52.227-19 or in the Rights in Technical Data and Datalogic IP Tech S.r.l. having its registered office at Via a breach of this Agreement resulting in immediate be uninterrupted or defect error free; (iii) any non Computer Software clause at DFARS 252.227-7013(c)(1) San Vitalino 13, 40012 Calderara di Reno (Bologna), Italy termination of this Agreement. In the event of a breach conformity derived from unauthorized use, and/or (ii), whichever is applicable. (“Datalogic”), and you, either an individual or a single entity, of this Agreement, Datalogic will be entitled to all available remedies at law or in equity (including but not improper installation or repair not in compliance with 8.2 If End User is using the Datalogic Product outside (“End User or “You””) who has purchased one or more Memor limiting to immediate termination of the license without Datalogic of the United States, End User must comply with 10 (“Datalogic Product”) subject to the terms and conditions notice, immediate injunctive relief and repossession of Product documentation. End User agrees that the the applicable local laws of the country in which the provided in any relevant purchase or sale contract. This EULA all Datalogic Products). existence of such non conformities or errors and Datalogic Product is used and with U.S. export control applies to the software contained in the Datalogic Product Datalogic’s inability to remedy such errors shall not laws,. Without prejudice of the foregoing, the End User (“Embedded Software”) and to any other software, to the 1.6 Without prejudice of the foregoing, End User grants constitute a breach of this Agreement. agrees to not export or re-export the Software, any extent applicable, offered as optional application software to Datalogic and its independent accountants or EXCEPT AS PROVIDED IN THIS AGREEMENT, THE part thereof, or any process or service that is the direct (“Application Software” that together with “Embedded consultants the right to examine End User’s books, DATALOGIC PRODUCT IS PROVIDED “AS IS” AND product of the Software to any country, person or entity Software” is herein referred to as “Software”). records and accounts during End User’s normal business DATALOGIC MAKES NO WARRANTIES OF ANY KIND, subject to U.S. export restrictions. End User specifically 1. Grant of License hours to verify compliance with this Agreement. In the EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH agrees not to export or re-export any of the Software: event such audit discloses non-compliance with this 1.1 Datalogic grants to End User, a personal, non-exclusive, RESPECT TO THE DATALOGIC PRODUCT OR SOFTWARE, (i) to any country to which the U.S. has embargoed or Agreement, Datalogic shall be entitled to immediately non-transferable, non-sublicensable, revocable, limited AND SPECIFICALLY DISCLAIMS THE IMPLIED restricted the export of goods or services or to any terminate the Agreement, request End User to promptly license to use the Software, solely on the Datalogic WARRANTIES OF MERCHANTABILITY AND FITNESS FOR national of any such country, wherever located, who pay all (additional) license fees due and any further Product in which it is embedded or for which it is A PARTICULAR PURPOSE. intends to transmit or transport the Software back damages, if any. intended for use, in machine-readable form only, solely to such country; (ii) to any person or entity who you 5. Limitation of Liability for End User’s internal business purposes. 2. License Fee know or have reason to know will utilize the Software EXCEPT AS PROVIDED IN THIS AGREEMENT, NEITHER in the design, development or production of nuclear, 1.2 End Users shall not distribute, sublicense, rent, loan, License fees shall be due by End User to Datalogic DATALOGIC NOR ITS LICENSORS SHALL BE LIABLE chemical or biological weapons; or (iii) to any person or lease, assign, export, re-export, resell, ship or divert or according to the terms provided for in the relevant FOR ANY CLAIMS AGAINST END USER BY ANY OTHER entity who has been prohibited from participating in cause to be exported, re-exported, resold, shipped or contract for the purchase of the Datalogic Product. PARTY. IN NO EVENT SHALL DATALOGIC’S LIABILITY FOR U.S. export transactions by any federal agency of the diverted, directly or indirectly, the Software under this 3. Termination DAMAGES, IF ANY, WHETHER BASED UPON CONTRACT, Agreement. End User shall not, and shall not permit U.S. government. End User warrants and represents Without prejudice to any other rights or remedies TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, that neither the U.S. Commerce Department, Bureau of others to: (i) modify, translate, decompile, reverse Datalogic may have, Datalogic may terminate this STRICT LIABILITY, WARRANTY, OR ANY OTHER BASIS, engineer, disassemble, or extract the inner workings of Export Administration nor any other U.S. federal agency Agreement if End User fails to comply with the terms EXCEED THE PRICE OR FEE PAID BY END USER FOR has suspended, revoked or denied its export privileges. the Software, (ii) copy the functionality of the Datalogic and conditions of this Agreement. Datalogic may THE DATALOGIC PRODUCT. UNDER NO CIRCUMSTANCES Products; (iii) remove any proprietary notices, marks, terminate this Agreement by offering you a superseding SHALL DATALOGIC OR ITS LICENSORS BE LIABLE TO END 9. Third Party Software labels, or logos from the Datalogic Products; (iv) rent or Agreement for the Software or any replacement or USER OR ANY THIRD PARTY FOR LOST PROFITS, LOST The Datalogic Product may contain one or more items of transfer all or some of the Software to any other party modified version of or upgrade to the Software and DATA, INTERRUPTION OF BUSINESS OR SERVICE, OR FOR third party software which use is governed by separate without Datalogic’s prior written consent. conditioning your continued use of the Software or ANY OTHER SPECIAL, CONSEQUENTIAL, CONTINGENT, third party license, unless otherwise stated. 1.3 Title to the licensed Software shall be and remain with such replacement, modified or upgraded version on INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR 10. Notices Datalogic or the third party from whom Datalogic has your acceptance of such superseding Agreement. In OTHER SIMILAR DAMAGES, EVEN IF DATALOGIC OR ITS All notices required or authorized under this Agreement obtained a license right. This Agreement does not grant addition, either party may terminate this Agreement LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY shall be given in writing, and shall be effective when to End User any intellectual property rights. As used in at any time. Subject to the foregoing, termination shall OF SUCH DAMAGES. END USER MUST BRING ANY received, with evidence of receipt. Notices to Datalogic this Agreement the term “purchase” or its equivalent be effective upon notice to the other party. In the event ACTION UNDER THIS AGREEMENT WITHIN 12 (TWELVE) shall be sent to the attention of Datalogic IP Tech S.r.l., when applied to the Software shall mean “acquire under that this Agreement terminates for any reason, End MONTHS AFTER THE CAUSE OF ACTION ARISES. Legal & IP Department, Via San Vitalino 13, 40012 license”. User’s license to use the Software will immediately 6. Indemnification Calderara di Reno (Bologna), Italy, or such other address terminate, and End User must immediately stop using To the maximum extent permitted by law, End User as may be specified by Datalogic in writing. the Software, destroy all copies of the Software and all agrees to defend, indemnify and hold harmless of its component parts, and, upon request, provide an Datalogic, its affiliates and their respective directors, affidavit certifying your compliance with the foregoing. officers, employees and agents from and against any and The provisions of Sub-sections 1.2, 1.3, 1.4, 1.5, 4, 5, 6, all claims, actions, suits or proceedings, as well as any 8, and 11 shall survive termination of this Agreement. and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from or related to Licensee’s failure to comply with the terms of this Agreement, including but not limited to (1) non compliance with any applicable laws or regulations with Datalogic product documentation, (2) unauthorized use or disclosure of Software, and (3) use of Software in combination with software, hardware, 852001360 (Rev. A) October 2018 systems, or other items not provided by Datalogic.

11. General Provisions. For Asia- Pacific Countries: 11.1 Entire Agreement; Amendment. This document contains The validity, interpretation and construction of the the entire agreement between the parties relating to Agreement shall be governed by and construed in use of the Datalogic Products and the licensing of the accordance with Laws of the Republic of Singapore. Software and supersedes all prior or contemporaneous Parties expressly disclaim the application of the United agreements, written or oral, between the parties Nations Convention for International Sale of Goods. concerning the use of the Datalogic Products and licensing Any dispute arising out of or in connection with this of the Software. This Agreement may not be changed, contract, including any question regarding its existence, amended, or modified except by written document signed validity or termination, shall be referred to and finally by Datalogic. resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance 11.2 Waiver. A party’s failure to enforce any of the terms and with the Arbitration Rules of the Singapore International conditions of this Agreement shall not prevent the party’s Arbitration Centre (“SIAC Rules”) for the time being in later enforcement of such terms and conditions. force, which rules are deemed to be incorporated by 11.3 Governing Law; Venue: End User agrees to the reference in this clause. The seat of the arbitration shall application of the laws of the country in which End User be Singapore. obtained the license to govern, interpret, and enforce all The number of arbitrators will be three, with each side of End User’s and Datalogic’s respective rights, duties, to the dispute being entitled to appoint one arbitrator. and obligations arising from, or relating in any manner to, The two arbitrators appointed by the parties will appoint the subject matter of this Agreement, without regard to a third arbitrator who will act as chairman of the conflict of law principles. The United Nations Convention proceedings. Vacancies in the post of chairman will be on Contracts for the International Sale of Goods does not filled by the president of the SIAC. Other vacancies will be apply. filled by the respective nominating party. Proceedings will All rights, duties, and obligations are subject to the courts continue from the stage they were at when the vacancy of the country in which End User obtained the license. occurred. For licenses granted by Licensee who operates in the If one of the parties refuses or otherwise fails to appoint countries specified below, the following terms applies. an arbitrator within 30 days of the date the other party For Americas: appoints its, the first appointed arbitrator will be the sole This Agreement is governed by the laws of the State of arbitrator, provided that the arbitrator was validly and Oregon. This Agreement and the rights of the parties properly appointed. All proceedings will be conducted, hereunder shall be governed by and construed in including all documents presented in such proceedings, accordance with the laws of the State of Oregon U.S.A, in the English language. The English language version without regard to the rules governing conflicts of law. The of these terms and conditions prevails over any other state or federal courts of the State of Oregon located in language version. either Multnomah or Lane counties shall have exclusive 11.4 Attorneys’ Fees. In the event an action is brought to jurisdiction over all matters regarding this Agreement, enforce the terms and conditions of this Agreement, the except that Datalogic shall have the right, at its absolute prevailing party shall be entitled to reasonable attorneys’ discretion, to initiate proceedings in the courts of any fees, both at trial and on appeal. other state, country, or territory in which End User resides, or in which any of End User’s assets are located. - END - In the event an action is brought to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, both at trial and on appeal. For Europe, Middle East and Africa: This Agreement is governed by the laws of Italy. This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of Italy, without regard to the rules governing conflicts of law. Italian Court of Bologna shall have exclusive jurisdiction over all matters regarding this Agreement, except that Datalogic shall have the right, at its absolute discretion, to initiate proceedings in the courts of any other state, country, or territory in which End User resides, or in which any of End User’s assets are located. In the event an action is brought to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, both at trial and on appeal.


Document Created: 2018-10-16 16:19:29
Document Modified: 2018-10-16 16:19:29
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