iv PowerScan® 7000 2DDatalogic Scanning, Inc.POWERSCAN ® END USER LICENSE AGREEMENTNotice 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 termsand conditions of this Agreement. If you use the Datalogic Product, you will be deemed to have acceptedthe 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 theSoftware, 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 ofthe Software and Documentation by Datalogic, Scanning Holdings, Inc. and its wholly owned subsidiaries and affili-ates (“Datalogic”) to the entity or person who has purchased or otherwise acquired a Datalogic Product (“End User”).For purposes of this Agreement, any software that is associated with a separate end-user license agreement islicensed 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 relatedinternal 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 markedappropriately or identified as proprietary or confidential, and (c) any information that End User, under the cir-cumstances, should recognize as confidential. Proprietary Information does not include any information thatthe receiving party can establish was (1) in the public domain, (2) already in the receiving party’s possessionor 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® EPseries, 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 machinereadable form which is embedded in the Datalogic Product, whether obtained directly or indirectly from Data-logic, 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, solelyon the Datalogic Product in which it is embedded (“designated Datalogic Product”), in machine-readable formonly, solely for End User's internal business purposes. This Agreement does not convey ownership of theSoftware to End User. Title to the Software shall be and remain with Datalogic or the third party from whomDatalogic has obtained a licensed right. As used in this Agreement, the term “purchase” or its equivalentswhen applied to the Software shall mean “acquire under license.” End User is not entitled to receipt or use ofthe source code to any Software.2.2 End User shall not copy, modify, decompile, disassemble, reverse engineer, or otherwise reproduce orremanufacture 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 asexpressly 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 ofthe 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 electto 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 DatalogicProduct to any third party unless such third party agrees with Datalogic in writing to be bound by the termsand conditions of this Agreement. Any such transfer of the Datalogic Product absent such agreement shall benull 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 partylicensors and that the Software is protected by intellectual property laws and treaties. The license set forth in thisAgreement does not transfer to End User any ownership of Datalogic’s or its third party licensors' copyrights, pat-ents, trademarks, service marks, trade secrets, or other intellectual property rights and End User shall have no rightto commence any legal actions to obtain such rights. End User shall not remove, modify, or take any other actionthat would obscure any copyright, trademark, patent marking, or other intellectual property notices contained in or onthe Datalogic Product.5. Proprietary Information.5.1 End User acknowledges that Proprietary Information is the confidential, proprietary, and trade secret propertyof Datalogic and Datalogic’s third party licensors and End User acquires no right or interest in any ProprietaryInformation.