Version Differences for EULA - Opticon Technical Support Portal

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Reseller & End-User License Agreement

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=== Reseller & End-User License Agreement ===

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE OPTICON SOFTWARE OR SOURCE CODE.

This Reseller & End-User License Agreement (“Agreement”) is a legal agreement between you (either an individual user or organization) (hereinafter “licensee”, “you” or “your”) and Opticon Incorporated and Opticon Sensors Europe B. V. (hereafter referred to collectively as “Opticon”), in part defining the terms and conditions you are required to follow in order to have the below defined revocable, limited, non-exclusive license to use, and possibly modify, Opticon’s SOFTWARE and/or SOURCE CODE in your operation of OPTICON HARDWARE. By installing, using or modifying the SOFTWARE and/or SOURCE CODE, you agree to be bound by all of the terms and conditions of this Agreement.

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IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT INSTALL, USE OR MODIFY THE SOFTWARE AND/OR SOURCE CODE.

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'''IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT INSTALL, USE OR MODIFY THE SOFTWARE AND/OR SOURCE CODE.'''

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1. DEFINITIONS. As used hereinafter, the following terms have the following meanings throughout this Agreement:

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'''1. DEFINITIONS.''' As used hereinafter, the following terms have the following meanings throughout this Agreement:

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a) “OPTICON HARDWARE” – barcode scanning equipment and/or related devices of all types and manner, manufactured by or for Opticon.

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:'''a) “OPTICON HARDWARE”''' – barcode scanning equipment and/or related devices of all types and manner, manufactured by or for Opticon.

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b) “DOCUMENTATION” – manuals, data models, flow charts, logic diagrams, input and output forms, and functional specifications regarding the SOFTWARE and/or SOURCE CODE, or use of the SOFTWARE and/or SOURCE CODE, and generally supplied by Opticon to the end user customers of OPTICON HARDWARE, whether in printed or online format, as well as complete or partial copies of the foregoing.

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:'''b) “DOCUMENTATION”''' – manuals, data models, flow charts, logic diagrams, input and output forms, and functional specifications regarding the SOFTWARE and/or SOURCE CODE, or use of the SOFTWARE and/or SOURCE CODE, and generally supplied by Opticon to the end user customers of OPTICON HARDWARE, whether in printed or online format, as well as complete or partial copies of the foregoing.

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c) “RESELLER” – anyone or entity that purchases OPTICON HARDWARE, from any source, and resells that hardware to another person or entity, whatever the price of the resale.

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:'''c) “RESELLER”''' – anyone or entity that purchases OPTICON HARDWARE, from any source, and resells that hardware to another person or entity, whatever the price of the resale.

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d) “END-USER” – anyone or entity that purchases OPTICON HARDWARE, from any source, and uses that hardware for its intended purpose.

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:'''d) “END-USER”''' – anyone or entity that purchases OPTICON HARDWARE, from any source, and uses that hardware for its intended purpose.

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e) “SOFTWARE” – a compiled, binary executable or object library and all associated files, including DOCUMENTATION, whether or not denominated as a “demo application” by Opticon.

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:'''e) “SOFTWARE”''' – a compiled, binary executable or object library and all associated files, including DOCUMENTATION, whether or not denominated as a “demo application” by Opticon.

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f) “SOURCE CODE” – sample code or software development kits (“SDK”) containing code or other associated files – including DOCUMENTATION – for the purpose of enabling END-USERs to develop their own binary executables or object libraries for use in OPTICON HARDWARE.

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:'''f) “SOURCE CODE”''' – sample code or software development kits (“SDK”) containing code or other associated files – including DOCUMENTATION – for the purpose of enabling END-USERs to develop their own binary executables or object libraries for use in OPTICON HARDWARE.

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g) “DEVELOPED SOFTWARE” - all computer applications END-USERs create (Macintosh / Unix / Linux / Windows / Windows Mobile GUI, service (background), and console applications; embedded applications that run on OPTICON HARDWARE), that use the SOFTWARE or are constructed using or are derivative from the SOURCE CODE.

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:'''g) “DEVELOPED SOFTWARE”''' - all computer applications END-USERs create (Macintosh / Unix / Linux / Windows / Windows Mobile GUI, service (background), and console applications; embedded applications that run on OPTICON HARDWARE), that use the SOFTWARE or are constructed using or are derivative from the SOURCE CODE.

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2. GRANT OF LICENSE.

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'''2. GRANT OF LICENSE.'''

This Agreement is a license agreement directed to Opticon’s SOFTWARE and SOURCE CODE which SOFTWARE and SOURCE CODE are intended by Opticon to be used solely in association with and/or for the operation of OPTICON HARDWARE.

-								Reseller & End-User License Agreement
+								=== Reseller & End-User License Agreement ===
 PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE OPTICON SOFTWARE OR SOURCE CODE.
 This Reseller & End-User License Agreement (“Agreement”) is a legal agreement between you (either an individual user or organization) (hereinafter “licensee”, “you” or “your”) and Opticon Incorporated and Opticon Sensors Europe B. V. (hereafter referred to collectively as “Opticon”), in part defining the terms and conditions you are required to follow in order to have the below defined revocable, limited, non-exclusive license to use, and possibly modify, Opticon’s SOFTWARE and/or SOURCE CODE in your operation of OPTICON HARDWARE. By installing, using or modifying the SOFTWARE and/or SOURCE CODE, you agree to be bound by all of the terms and conditions of this Agreement.
-								IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT INSTALL, USE OR MODIFY THE SOFTWARE AND/OR SOURCE CODE.
+								'''IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT INSTALL, USE OR MODIFY THE SOFTWARE AND/OR SOURCE CODE.'''
-. DEFINITIONS. As used hereinafter, the following terms have the following meanings throughout this Agreement:
+								'''1. DEFINITIONS.''' As used hereinafter, the following terms have the following meanings throughout this Agreement:
-								a) “OPTICON HARDWARE” – barcode scanning equipment and/or related devices of all types and manner, manufactured by or for Opticon.
+								:'''a) “OPTICON HARDWARE”''' – barcode scanning equipment and/or related devices of all types and manner, manufactured by or for Opticon.
-								b) “DOCUMENTATION” – manuals, data models, flow charts, logic diagrams, input and output forms, and functional specifications regarding the SOFTWARE and/or SOURCE CODE, or use of the SOFTWARE and/or SOURCE CODE, and generally supplied by Opticon to the end user customers of OPTICON HARDWARE, whether in printed or online format, as well as complete or partial copies of the foregoing.
+								:'''b) “DOCUMENTATION”''' – manuals, data models, flow charts, logic diagrams, input and output forms, and functional specifications regarding the SOFTWARE and/or SOURCE CODE, or use of the SOFTWARE and/or SOURCE CODE, and generally supplied by Opticon to the end user customers of OPTICON HARDWARE, whether in printed or online format, as well as complete or partial copies of the foregoing.
-								c) “RESELLER” – anyone or entity that purchases OPTICON HARDWARE, from any source, and resells that hardware to another person or entity, whatever the price of the resale.
+								:'''c) “RESELLER”''' – anyone or entity that purchases OPTICON HARDWARE, from any source, and resells that hardware to another person or entity, whatever the price of the resale.
-								d) “END-USER” – anyone or entity that purchases OPTICON HARDWARE, from any source, and uses that hardware for its intended purpose.
+								:'''d) “END-USER”''' – anyone or entity that purchases OPTICON HARDWARE, from any source, and uses that hardware for its intended purpose.
-								e) “SOFTWARE” – a compiled, binary executable or object library and all associated files, including DOCUMENTATION, whether or not denominated as a “demo application” by Opticon.
+								:'''e) “SOFTWARE”''' – a compiled, binary executable or object library and all associated files, including DOCUMENTATION, whether or not denominated as a “demo application” by Opticon.
-								f) “SOURCE CODE” – sample code or software development kits (“SDK”) containing code or other associated files – including DOCUMENTATION – for the purpose of enabling END-USERs to develop their own binary executables or object libraries for use in OPTICON HARDWARE.
+								:'''f) “SOURCE CODE”''' – sample code or software development kits (“SDK”) containing code or other associated files – including DOCUMENTATION – for the purpose of enabling END-USERs to develop their own binary executables or object libraries for use in OPTICON HARDWARE.
-								g) “DEVELOPED SOFTWARE” - all computer applications END-USERs create (Macintosh / Unix / Linux / Windows / Windows Mobile GUI, service (background), and console applications; embedded applications that run on OPTICON HARDWARE), that use the SOFTWARE or are constructed using or are derivative from the SOURCE CODE.
+								:'''g) “DEVELOPED SOFTWARE”''' - all computer applications END-USERs create (Macintosh / Unix / Linux / Windows / Windows Mobile GUI, service (background), and console applications; embedded applications that run on OPTICON HARDWARE), that use the SOFTWARE or are constructed using or are derivative from the SOURCE CODE.
-. GRANT OF LICENSE.
+								'''2. GRANT OF LICENSE.'''
 This Agreement is a license agreement directed to Opticon’s SOFTWARE and SOURCE CODE which SOFTWARE and SOURCE CODE are intended by Opticon to be used solely in association with and/or for the operation of OPTICON HARDWARE.