
Integration Guide
iii
END USER LICENSE AGREEMENT
NOTICE TO END USER: BY DOWNLOADING OR INSTALLING THE SOFTWARE, OR BY USING THE DATALOGIC PRODUCT
THAT INCLUDES THIS SOFTWARE, THE END USER CONSENTS TO BE BOUND BY THIS AGREEMENT. IF THE END USER
DOES NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, THEN DATALOGIC IS NOT WILLING TO LICENSE
THE SOFTWARE AND THE END USER IS NOT ALLOWED TO DOWNLOAD, INSTALL OR USE THE SOFTWARE OR THE
DATALOGIC PRODUCT
This End User License Agreement ("EULA") is between Datalogic IP Tech S.r.l. having its registered office at Via San
Vitalino 13, 40012 Calderara di Reno (Bologna), Italy ("Datalogic"), and you, either an individual or a single entity,
("End User or "You"") who has purchased one or more DSE0421 or DSE0451 ("Datalogic Product") subject to the
terms and conditions provided in any relevant purchase or sale contract. This EULA applies to the software con-
tained in the Datalogic Product ("Embedded Software") and to any other software, to the extent applicable, offered
as optional application software ("Application Software" that together with "Embedded Software" is herein referred
to as "Software"). Any Open Source used in a conjunction with the Software is subject to the Open Source licenses
available at the following website: http://www.datalogic.com/oss
1. 1. Grant of License
1.1 Datalogic grants to End User, a personal, non-exclusive, non-transferable, non sub licens-
able, revocable, limited license to use the Software, solely on the Datalogic Product in which it
is embedded or for which it is intended for use, in machine-readable form only, solely for End
User's internal business purposes.
1.2 End Users shall not distribute, sublicense, rent, loan, lease, assign, export, re-export, resell,
ship or divert or cause to be exported, re-exported, resold, shipped or diverted, directly or
indirectly, the Software under this Agreement. End User shall not, and shall not permit others
to: (i) modify, translate, decompile, reverse engineer, disassemble, or extract the inner work-
ings of the Software, (ii) copy the functionality of the Datalogic Products; (iii) remove any pro-
prietary notices, marks, labels, or logos from the Datalogic Products; (iv) rent or transfer all or
some of the Software to any other party without Datalogic's prior written consent.
1.3 Title to the licensed Software shall be and remain with Datalogic or the third party from whom
Datalogic has obtained a license right. This Agreement does not grant to End User any intel-
lectual property rights. As used in this Agreement the term "purchase" or its equivalent when
applied to the Software shall mean "acquire under license". End User is not entitled to receipt
or use of the source code of any licensed Software.
1.4 Portions of the Datalogic Product are protected by the relevant and applicable patent and
copyright laws, international treaty provisions, and other applicable laws. Therefore, End User
must treat the Datalogic Product like any other copyrighted material (e.g., a book or musical
recording) except that End User may make one copy of the Software solely for back-up pur-
poses. Unauthorized duplication of the Software constitutes copyright infringement.
1.5 Any use of the Software outside of the conditions set forth herein is strictly prohibited and will
be deemed a breach of this Agreement resulting in immediate termination of this Agreement.
In the event of a breach of this Agreement, Datalogic will be entitled to all available remedies
at law or in equity (including but not limiting to immediate termination of the license without
notice, immediate injunctive relief and repossession of all Datalogic Products).
1.6 Without prejudice of the foregoing, End User grants to Datalogic and its independent accoun-
tants or consultants the right to examine End User's books, records and accounts during End
User's normal business hours to verify compliance with this Agreement. In the event such
audit discloses non-compliance with this Agreement, Datalogic shall be entitled to immedi-
ately terminate the Agreement, request End User to promptly pay all (additional) license fees
due and any further damages, if any.
2. License Fee
License fees shall be due by End User to Datalogic according to the terms provided for in the relevant
contract for the purchase of the Datalogic Product.
3. Termination
Without prejudice to any other rights or remedies Datalogic may have, Datalogic may terminate this
Agreement if End User fails to comply with the terms and conditions of this Agreement. Datalogic
may terminate this Agreement by offering you a superseding Agreement for the Software or any
replacement or modified version of or upgrade to the Software and conditioning your continued use
of the Software or such replacement, modified or upgraded version on your acceptance of such
superseding Agreement. In addition, either party may terminate this Agreement at any time. Subject
to the foregoing, termination shall be effective upon notice to the other party. In the event that this
Agreement terminates for any reason, End User's license to use the Software will immediately termi-
nate, and End User must immediately stop using the Software, destroy all copies of the Software and
all of its component parts, and, upon request, provide an affidavit certifying your compliance with
the foregoing. The provisions of Sub-sections 1.2, 1.3, 1.4, 1.5, 4, 5, 6, 8, and 12 shall survive ter-
mination of this Agreement.
4. Limited Warranty
Datalogic warrants that, under normal use and operation, the Software will conform substantially to
the applicable Datalogic Product documentation for the period specified in the same, provided that
the Software is used with the Datalogic Product. Datalogic's entire liability and End User's sole and
exclusive remedy for any breach of the foregoing limited warranty will be, at Datalogic's option, the
provision of a downloadable patch or replacement software.
Datalogic does not warrant (i) that Software will meet End User's requirements; (ii) that Software will
be uninterrupted or defect error free; (iii) any non conformity derived from unauthorized use, and/or
improper installation or repair not in compliance with Datalogic Product documentation. End User
agrees that the existence of such non conformities or errors and Datalogic's inability to remedy such
errors shall not constitute a breach of this Agreement.
EXCEPT AS PROVIDED IN THIS AGREEMENT, THE DATALOGIC PRODUCT IS PROVIDED "AS IS" AND
DATALOGIC MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH
RESPECT TO THE DATALOGIC PRODUCT OR SOFTWARE, AND SPECIFICALLY DISCLAIMS THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.