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PSC INC. MAGELLAN
Notice to End User: The PSC Product you have acquired contains embedded Software,
which is integral to the product's operation. This Software is being provided to you
under license, subject to the terms and conditions of this Agreement. If you use the PSC
Product, you will be deemed to have accepted the terms and conditions of this Agree-
ment. If you do not intend to be bound to the terms of this Agreement, PSC is not willing
to license the Software to you, you may not use the PSC Product or the Software, and
you must contact the party from whom you acquired the PSC Product for instructions.
This End User Software License Agreement ("Agreement") is a legally binding agreement gov-
erning the licensing of the Software and Documentation by PSC Inc. and its wholly owned sub-
sidiaries and affiliates ("PSC") to the entity or person who has purchased or otherwise acquired
a PSC Product ("End User"). For purposes of this Agreement, any software that is associated
with a separate end-user license agreement is licensed to you under the terms of that license
agreement. PSC 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
PSC 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, technol-
ogy, technical data or information, implementation techniques, and trade secrets related
to the Software, (b) any other trade secrets marked appropriately or identified as propri-
etary or confidential, and (c) any information that End User, under the circumstances,
should recognize as confidential. Proprietary Information does not include any informa-
tion 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 devel-
oped without access to Proprietary Information.
1.3
"PSC Product" means the PSC Magellan
®
lan
8200 series, Magellan
scanner/scale product, including all embedded Software in and all Documentation
related to such product, which has been purchased or otherwise acquired by End User,
whether obtained directly or indirectly from PSC.
1.4
"Software" means any software or computer programs of PSC or its third party licensors
in machine readable form which is embedded in the PSC Product, whether obtained
directly or indirectly from PSC, including any replacement, update, upgrade, enhance-
ment or modification.
2. Scope Of License Granted.
2.1
PSC grants to End User a non-exclusive, non-transferable, perpetual license to use the
Software, solely on the PSC Product in which it is embedded ("designated PSC Prod-
uct"), 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 PSC or the third party from whom PSC 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.
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 PSC'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 PSC Product will be a
Quick Reference Guide
®
END USER LICENSE
AGREEMENT
®
9500 series, Magellan
®
8100 series, and/or Magellan SL
®
8500 series, Magel-
®
series scanner and/or
i
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