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Фрагмент инструкции
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, 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 “Datalogic Product” means the Datalogic Powerscan® series, Powerscan® Imager series, Powerscan® EP series, Powerscan® LR series, Powerscan® HD series, and/or Powerscan RF® series scanner and/or scan- ner/scale product, including all embedded Software in and all Documentation related to such product, whichhas been purchased or otherwise acquired by End User, whether obtained directly or indirectly from Data- logic. 1.4 "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. 2.1 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. PowerScan® PBT7100 Base Station Software Product Policy 2.2 End 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 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 Datalogic’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 proper...