Datalogic Gryphon 4200 Series User manual

NOTICE TO END USER: BY DOWNLOADING OR INSTALLING THE SOFT-
WARE, OR BY USING THE DATALOGIC PRODUCT THAT INCLUDES THIS
SOFTWARE, THE END USER CONSENTS TO BE BOUND BY THIS AGREE-
MENT. 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 GRYPHON I
GD4200 ("Datalogic Product") subject to the terms and conditions pro-
vided in any relevant purchase or sale contract. This EULA applies to the
software contained in the Datalogic Product ("Embedded Software") and
to any other software, to the extent applicable, offered as optional applica-
tion software ("Application Software" that together with "Embedded Soft-
ware" is herein referred to as "Software").
1. Grant of License
1.1 Datalogic grants to End User, a personal, non-exclusive, non-transfer-
able, non sub licensable, revocable, limited license to use the Soft-
ware, 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 Soft-
ware under this Agreement. End User shall not, and shall not permit
others to: (i) modify, translate, decompile, reverse engineer, disas-
semble, or extract the inner workings of the Software, (ii) copy the
functionality of the Datalogic Products; (iii) remove any proprietary
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 intellectual property
rights. As used in this Agreement the term "purchase" or its equiva-
lent 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 Data-
logic 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 purposes. 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 accountants or consultants the right to examine End
User's books, records and accounts during End User's normal busi-
ness hours to verify compliance with this Agreement. In the event
such audit discloses non-compliance with this Agreement, Datalogic
shall be entitled to immediately 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, Dat-
alogic 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 rea-
son, End User's license to use the Software will immediately terminate, 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 11 shall survive termination 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 replace-
ment software.
Datalogic does not warrant (i) that Software will meet End User's require-
ments; (ii) that Software will be uninterrupted or defect error free; (iii) any
non conformity derived from unauthorized use, and/or improper installa-
tion 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 DATA-
LOGIC PRODUCT OR SOFTWARE, AND SPECIFICALLY DISCLAIMS THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTIC-
ULAR PURPOSE.
5. Limitation of Liability
EXCEPT AS PROVIDED IN THIS AGREEMENT, NEITHER DATALOGIC NOR ITS
LICENSORS SHALL BE LIABLE FOR ANY CLAIMS AGAINST END USER BY ANY

OTHER PARTY. IN NO EVENT SHALL DATALOGIC'S LIABILITY FOR DAMAGES,
IF ANY, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLI-
GENCE), PRODUCT LIABILITY, STRICT LIABILITY, WARRANTY, OR ANY OTHER
BASIS, EXCEED THE PRICE OR FEE PAID BY END USER FOR THE DATALOGIC
PRODUCT. UNDER NO CIRCUMSTANCES SHALL DATALOGIC OR ITS LICEN-
SORS BE LIABLE TO END USER OR ANY THIRD PARTY FOR LOST PROFITS,
LOST DATA, INTERRUPTION OF BUSINESS OR SERVICE, OR FOR ANY OTHER
SPECIAL, CONSEQUENTIAL, CONTINGENT, INDIRECT, INCIDENTAL, PUNI-
TIVE, EXEMPLARY, OR OTHER SIMILAR DAMAGES, EVEN IF DATALOGIC OR
ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAM-
AGES. END USER MUST BRING ANY ACTION UNDER THIS AGREEMENT
WITHIN 12 (TWELVE) MONTHS AFTER THE CAUSE OF ACTION ARISES.
6. Indemnification
To the maximum extent permitted by law, End User agrees to defend,
indemnify and hold harmless Datalogic, its affiliates and their respective
directors, officers, employees and agents from and against any and all
claims, actions, suits or proceedings, as well as any 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 documenta-
tion, (2) unauthorized use or disclosure of Software, and (3) use of Soft-
ware in combination with software, hardware, systems, or other items not
provided by Datalogic.
7. Support
End User may request 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.
8. Government Restricted Rights; International Use
8.1 Use, duplication, or disclosure of the Software by the U.S. Govern-
ment is subject to the restrictions for computer software developed
at private expense as set forth in the U.S. Federal Acquisition Regula-
tions at FAR 52.227-14(g), or 52.227-19 or in the Rights in Technical
Data and Computer Software clause at DFARS 252.227-7013(c)(1)(ii),
whichever is applicable.
8.2 If End User is using the Datalogic Product outside of the United
States, End User must comply with the applicable local laws of the
country in which the Datalogic Product is used and with U.S. export
control laws,. Without prejudice of the foregoing, the End User
agrees to not export or re-export the Software, any part thereof, or
any process or service that is the direct product of the Software to
any country, person or entity subject to U.S. export restrictions. End
User specifically agrees not to export or re-export any of the Soft-
ware: (i) to any country to which the U.S. has embargoed or
restricted the export of goods or services or to any national of any
such country, wherever located, who intends to transmit or trans-
port the Software back to such country; (ii) to any person or entity
who you know or have reason to know will utilize the Software in
the design, development or production of nuclear, chemical or bio-
logical weapons; or (iii) to any person or entity who has been prohib-
ited from participating in U.S. export transactions by any federal
agency of the U.S. government. End User warrants and represents
that neither the U.S. Commerce Department, Bureau of Export
Administration nor any other U.S. federal agency has suspended,
revoked or denied its export privileges.

9. Third Party Software
The Datalogic Product may contain one or more items of third party soft-
ware which use is governed by separate third party license, unless other-
wise stated.
10. Notices
All notices required or authorized under this Agreement shall be given in
writing, and shall be effective when received, with evidence of receipt.
Notices to Datalogic shall be sent to the attention of Datalogic IP Tech S.r.l.,
Legal & IP Department, Via San Vitalino 13, 40012 Calderara di Reno (Bolo-
gna), Italy, or such other address as may be specified by Datalogic in writ-
ing.
11. General Provisions
11.1 Entire Agreement; Amendment. This document contains the entire
agreement between the parties relating to use of the Datalogic Prod-
ucts and the licensing of the Software and supersedes all prior or
contemporaneous agreements, written or oral, between the parties
concerning the use of the Datalogic Products and licensing of the
Software. This Agreement may not be changed, amended, or modi-
fied except by written document signed by Datalogic.
11.2 Waiver. A party's failure to enforce any of the terms and conditions
of this Agreement shall not prevent the party's later enforcement of
such terms and conditions.
11.3 Governing Law; Venue: End User agrees to the application of the
laws of the country in which End User obtained the license to govern,
interpret, and enforce all of End Users and Datalogics respective
rights, duties, and obligations arising from, or relating in any manner
to, the subject matter of this Agreement, without regard to conflict
of law principles. The United Nations Convention on Contracts for
the International Sale of Goods does not apply.
All rights, duties, and obligations are subject to the courts of the country in
which End User obtained the license. For licenses granted by Licensee who
operates in the countries specified below, the following terms apply.
For Americas:
This Agreement is governed by the laws of the State of Oregon. This Agree-
ment and the rights of the parties hereunder shall be governed by and con-
strued in accordance with the laws of the State of Oregon U.S.A, without
regard to the rules governing conflicts of law. The state or federal courts of
the State of Oregon located in either Multnomah or Lane counties shall
have exclusive jurisdiction over all matters regarding this Agreement,
except that Datalogic shall have the right, at its absolute discretion, to initi-
ate 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.
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.
For Asia- Pacific Countries:
The validity, interpretation and construction of the Agreement shall be
governed by and construed in accordance with Laws of the Republic of Sin-
gapore. Parties expressly disclaim the application of the United Nations
Convention for International Sale of Goods.
Any dispute arising out of or in connection with this contract, including any
question regarding its existence, validity or termination, shall be referred
to and finally resolved by arbitration administered by the Singapore Inter-
national Arbitration Centre (SIAC) in accordance with the Arbitration
Rules of the Singapore International Arbitration Centre ("SIAC Rules") for
the time being in force, which rules are deemed to be incorporated by ref-
erence in this clause. The seat of the arbitration shall be Singapore.
The number of arbitrators will be three, with each side to the dispute being
entitled to appoint one arbitrator. The two arbitrators appointed by the
parties will appoint a third arbitrator who will act as chairman of the pro-
ceedings. Vacancies in the post of chairman will be filled by the president
of the SIAC. Other vacancies will be filled by the respective nominating
party. Proceedings will continue from the stage they were at when the
vacancy occurred. If one of the parties refuses or otherwise fails to appoint
an arbitrator within 30 days of the date the other party appoints its, the
first appointed arbitrator will be the sole arbitrator, provided that the arbi-
trator was validly and properly appointed. All proceedings will be con-
ducted, including all documents presented in such proceedings, in the
English language. The English language version of these terms and condi-
tions prevails over any other language version.
11.4 Attorneys Fees. 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.
- END -
Datalogic reserves the right to ship its products with the
latest version of software/firmware available. This pro-
vides our customers with the very latest in Datalogic soft-
ware technology.
The only exception to this policy is when the buyer has a
signed contract with Datalogic that clearly defines the
terms and conditions for making software/firmware
changes in products shipped to the buyer.
To arrange for a Software Maintenance and Support
Agreement please contact your Datalogic sales person.