DL.CODE™用户手册（1） – 更方便的阅读

Datalogic S.r.l.

Via S. Vitalino, 13

40012 Calderara di Reno (BO) Italy

Tel. +39 051 3147011

Fax +39 051 3147205

本手册适用于软件版本 2.0.0 及更高版本。

您可以从Datalogic网站(www.datalogic.com). 下载本文档的电子版
。如果您访问我们的网站并希望就本文档或其他Datalogic出版物提出意见或建议，请通过“联系我们”页面告知我们。

免责声明

Datalogic已采取合理措施确保本手册信息的完整性和准确性，但Datalogic对本手册中包含的技术或编辑错误或遗漏，以及因使用本手册而导致的任何附带或间接损失概不负责。Datalogic保留随时更改任何规格的权利，恕不另行通知。

商标

Datalogic 和 Datalogic 标志是 Datalogic SpA 在包括美国和欧盟在内的许多国家的注册商标。

DL.CODE、ID-NET 和 X-PRESS 是 Datalogic SpA 和/或其关联公司的商标。Digimarc® 和 DWCODE™ 是 Digimarc Corporation 的商标。所有其他商标和品牌均为其各自所有者的财产。

专利

请访问www.patents.datalogic.com 查看最新的专利清单。

DATALOGIC END USER LICENSE AGREEMENT

致最终用户：下载或安装本软件，或使用包含本软件的DataLogic产品，即表示最终用户同意受本协议约束。如果最终用户不同意本协议的所有条款，DataLogic将不予授权本软件，且最终用户不得下载、安装或使用本软件或DataLogic产品。

本最终用户许可协议（“EULA”）由 Datalogic IP Tech Srl（注册地址：Via San Vitalino 13, 40012 Calderara di Reno (Bologna), Italy）（“Datalogic”）与您（个人或单一实体）（“最终用户”或“您”）签订。您购买了一台或多台 Datalogic 自动数据采集设备。本 EULA 适用于 DL.Code 软件（“DL.Code 软件”）以及任何其他适用的可选应用软件（“应用软件”，与“DL.Code 软件”统称为“软件”）。与本软件一起使用的任何开源软件均受以下网站提供的开源软件许可协议的约束：http://www.datalogic.com/oss.

1、授予许可

1.1 Datalogic 授予最终用户一项个人的、非独占的、不可转让的、不可再许可的、可撤销的有限许可，允许最终用户使用本软件读取设备配置、进行监控和诊断，且必须与 Datalogic 的自动化数据采集设备配合使用，并符合其预期用途。根据本协议的规定，最终用户可以在符合 Datalogic 产品文档中所述系统要求的单台计算机上安装并使用本软件（如适用）。本软件仅能以机器可读形式使用，且仅限用于最终用户的内部业务用途。

本许可不允许软件同时存在于多台计算机上，最终用户不得通过网络提供软件，使其能够同时被多台计算机使用，但软件中包含的监控功能除外，该功能可供最终用户组织内运行该软件的更多用户同时访问。

1.2 最终用户不得直接或间接分发、再许可、出租、出借、租赁、转让、出口、再出口、转售、运输或转移，或导致他人出口、再出口、转售、运输或转移本协议项下的软件。最终用户不得，且不得允许他人：(i) 修改、翻译、反编译、逆向工程、反汇编或提取软件的内部功能；(ii) 复制软件的功能；(iii) 从软件中移除任何所有权声明、标记、标签或标识；(iv) 未经 Datalogic 事先书面同意，将全部或部分软件出租或转让给任何其他方。

1.3. 许可软件的所有权归Datalogic或Datalogic获得许可权的第三方所有。本协议不授予最终用户任何知识产权。本协议中，“购买”或其等同表述用于指代软件时，应指“根据许可获得”。最终用户无权获取或使用任何许可软件的源代码。

1.4 Portions of the Software are protected by the relevant and applicable patent and copyright laws, international treaty provisions, and other applicable laws. Therefore, End User must treat

the Software 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 duplica- tion of the Software constitutes copyright infringement.

1.5 Any use of the Software outside of the conditions set forth herein and in any ancillary Data- logic product documentation is strictly prohibited and will be deemed a breach of this Agree- ment 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 block of the Software).

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 business 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.

License Fee

License fees shall be due by End User to Datalogic according to the terms provided for in the rel- evant contract for the purchase of the Datalogic product.

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. Dat- alogic 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 Agree- ment 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 terminate, and End User must immediately stop using the Soft- ware, destroy all copies of the Software and all of its component parts, and, upon request, pro- vide 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 termination of this Agreement.

Limited Warranty

Datalogic warrants that, under normal use and operation, the Software will conform substan- tially to the applicable Datalogic product documentation for the period specified in the same, Datalogic’s entire liability and End User’s sole and exclusive remedy for any breach of the forego- ing 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 documenta- tion; (iv) any back up of End User data; (vi) any particular security measures for data processing and exchange between the Software and End User systems. End User agrees that the existence of such non conformities or errors and Datalogic’s inability to remedy such errors shall not con- stitute 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 SOFTWARE, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

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 DATA- LOGIC’S LIABILITY FOR DAMAGES, IF ANY, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, WARRANTY, OR ANY OTHER BASIS, EXCEED THE PRICE OR FEE PAID BY END USER FOR THE DATALOGIC PRODUCT. UNDER NO CIRCUM- STANCES SHALL DATALOGIC OR ITS LICENSORS BE LIABLE TO END USER OR ANY THIRD PARTY FOR LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS OR SERVICE, OR FOR ANY OTHER SPE- CIAL, CONSEQUENTIAL, CONTINGENT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR OTHER SIMILAR DAMAGES, EVEN IF DATALOGIC OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSI- BILITY OF SUCH DAMAGES. END USER MUST BRING ANY ACTION UNDER THIS AGREEMENT WITHIN 12 (TWELVE) MONTHS AFTER THE CAUSE OF ACTION ARISES.

Indemnification

To the maximum extent permitted by law, End User agrees to defend, indemnify and hold harm- less 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, liabili- ties, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accru- ing 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 documentation, (2) unauthorized use or disclosure of Software, and (3) use of Software in combination with software, hardware, systems, or other items not provided by Datalogic.

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.

Government Restricted Rights; International Use

8.1 Use, duplication, or disclosure of the Software by the U.S. Government is subject to the restrictions for computer software developed at private expense as set forth in the U.S. Federal Acquisition Regulations 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 Software outside of the United States, End User must comply with the applicable local laws of the country in which the Software 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 Software: (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 transport the Software back to such country; (ii) to any per- son or entity who you know or have reason to know will utilize the Software in the design, devel- opment or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited 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 Depart- ment, Bureau of Export Administration nor any other U.S. federal agency has suspended, revoked or denied its export privileges.

Third Party Software

The Software may contain one or more items of third party software which use is governed by separate third party license, unless otherwise stated.

Open Source Software

Portions of the Software include or operate with Open Source software (“Open Source Soft- ware”).

Open Source Software is software covered by a publicly available license governed solely under Copyright law, whereas the complete terms and obligations of such license attach to a licensee

solely through the act of copying, using and/or distributing the licensed software, such obliga- tions often include one or more of attribution obligations, distribution obligations, copyleft obli- gations, and intellectual property encumbrances. The use of any Open Source Software is subject to the terms and conditions of this Agreement as well as the terms and conditions of the corre- sponding license of each Open Source Software package. If there is a conflict between the terms and conditions of this Agreement and the terms and conditions of the Open Source Software license, the applicable Open Source Software license will take precedence. Datalogic is required to reproduce the software licenses, acknowledgments and copyright notices as provided by the authors and owners, thus, all such information is provided in its native language form, without modification or translation. Please reference and review the above mentioned information to identify which Open Source Software packages have source code provided or available.

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 atten- tion of Datalogic USA Inc., Legal & IP Department, 959 Terry Street, Eugene, OR 97402, U.S.A., or such other address as may be specified by Datalogic in writing.

General Provisions.

12.1. Entire Agreement; Amendment. This document contains the entire agreement between the parties relating to use of the Datalogic products and the licensing of the Software and super- sedes 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 modified except by written document signed by Datalogic.

12.2. 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.

12.3. 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 Data- logic’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 applies.

For Americas:

This Agreement is governed by the laws of the State of Oregon. This Agreement and the rights of the parties hereunder shall be governed by and construed 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 initiate proceedings in the courts of any other state, country, or ter- ritory 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 juris- diction 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 terri- tory 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 con- strued in accordance with Laws of the Republic of Singapore. Parties expressly disclaim the appli- cation 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 International 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 reference 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 proceedings. 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. Proceed- ings 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 arbitrator was validly and properly appointed. All proceedings will be conducted, including all documents presented in such proceedings, in the English language. The English language version of these terms and conditions prevails over any other language version.

12.4. 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.

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