Opticon H16 User Manual

End User License Agreement for Microsoft Software

You h ave ac qui red a device (“D EVI CE” )

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t h a t i n cl u d e s so f tw a r e l i c e ns e d b y
OPTOELECTRONICS Group ("OPTICON")
from an affiliate of Microsoft Corporation
(“MS”). Those installed software products
of MS origin, as well as associated media,
printed materials, and “online” or electronic
documentation (“SOFTWARE”) are protected
by international intellectual property laws and
treaties. The SOFTWARE is licensed, not sold.
All rights reserved.

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IF YOU DO NOT AGREE TO THIS END USER
LICENSE AGREEMENT (“EULA”), DO NOT
USE THE DEVICE OR COPY THE SOFTWARE.
INSTEAD, PROMPTLY CONTACT OPTICON
FOR INSTRUCTIONS ON RETURN OF THE
UNUSED DEVICE(S) FOR A REFUND. ANY

USE OF THE SOFTWARE, INCLUDING BUT
NOT LIMITED TO USE ON THE DEVICE,
WILL CONSTITUTE YOUR AGREEMENT TO
THIS EULA (OR RATIFICATION OF ANY
PREVIOUS CONSENT).

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SOFTWARE includes software already installed
on the DEVICE (“DEVICE Software”) and MS
softwa re con ta ined on the CD- ROM disk

(“Companion CD”).

GRANT OF SOFTWARE LICENSE. This EULA
grants you the following license:
DEVICE Software. You may use the DEVICE
Software as installed on the DEVICE.
Companion CD. A Companion CD is included
with your DEVICE, and you may install and use the
Microsoft® ActiveSync® component on one (1) or
more personal computers to exchange information
with one (1) or more computing devices that
contain a compatible version of the Microsoft®
Windows Mobile® Version 5.0 operating system.
For other software component(s) contained on
the Companion CD, you may install and use
such components only in accordance with the
terms of the printed or online end user license
agreement(s) provided with such component(s). In
the absence of an end user license agreement for
particular component(s) of the Companion CD,
you may install and use only one (1) copy of such
component(s) on the DEVICE or a single personal
computer with which you use the DEVICE.
Phone Functionality. If the DEVICE Software
includes phone functionality, all or certain portions

of the DEVICE Software may be inoperable if you
do not have and maintain a service account with
an appropriate wireless telecommunication carrier
to whom OPTICON may distribute its DEVICES
(“Mobile Operator ”),or if the Mobile Operator’s
network facilities are not operating or configured
to operate with the DEVICE.
Microsoft® Outlook®. If Microsoft Outlook
is inc lud ed with y our Device, the following
terms apply to your use of Microsoft Outlook:
(i) regardless of the information contained in
the “Software Installation and Use” section of
the online EULA you may install one (1) copy of
Microsoft Outlook on one (1) personal computer
to use, exchange data, share data, access and
interact with the DEVICE, and (ii) the EULA for
Microsoft Outlook is between OPTICON and the
end user – not between the PC manufacturer and
end user.

DESC R I P TION O F OTHE R RI GHTS AN D
LIMITATIONS.

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Speech/Handwriting Recognition. If the
DEVICE Software includes speech and/ or
handwriting recognition component(s), you
should understand that speech and handwriting
recognition are inherently statistical processes
and that errors can occur in the component’s

recognition of your handwriting, and the final
conversion into text. Neither OPTICON nor
its suppliers shall be liable for any damages
ari sin g out of erro r s i n t he spee ch and
handwriting recognition process.

Lim i tati o ns o n Rev e rse En gine e ring,

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De compila tion and Dis assembl y. You
may not r everse engineer, deco mpile, or
disassemble the SOFTWARE, except and only
to the extent that such activity is expressly
permitted by applicable law notwithstanding
this limitation.
Single EULA. The package for the DEVICE

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may c o n t a i n mu l t i p l e ver s i o n s of this
EULA, such as multiple translations and/or
multiple media versions (e.g., in t he user
documentation and in the software). Even if
you receive multiple versions of the EULA, you
are licensed to use only one (1) copy of the
DEVICE Software.

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NOTICE REGARDING THE MPEG-4 VISUAL
STANDARD. The DEV ICE Software ma y

include MPEG-4 visual decoding technology.
MPEG LA, L.L.C. requires the following notice:

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U S E OF THIS SOF T W A R E IN AN Y
M A N N E R T HAT C O M P L I E S W I T H
T H E M P E G 4 VI S U A L S TA N D A R D
IS PR OHI B I T E D, EX C E PT FO R U S E

DI REC TLY REL ATED TO ( A) DATA OR
INFORMATION (i) GENERATED BY AND
OBTAINED WITHOUT CHARGE FROM A
CONSUMER NOT THEREBY ENGAGED
IN A BUSINESS ENTERPRISE, AND (ii) FOR
PERSONAL USE ONLY; AND (B) OTHER
USES SPECIFI CA LLY AND SEPARATELY
LICENSED BY MPEG LA, L.L.C.
If you have questions regarding this Notice,
please conta ct MPE G LA, L.L .C., 250
Steele Street, Suite 300, Denver, Colorado
80206; Telephone [phone]; FAX
303 331.1879

No Rental/Commercial Hosting. You may

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not rent, lease or lend or provide commercial
hosting services with the SOFTWARE to others.

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SOFTWARE as Component of the Device –
Software Transfer. The DEVICE Software is

licensed with the DEVICE as a single integrated
product. The DEVICE Software installed in
read only memory (“ROM”) of the DEVICE
may only be used as part of the DEVICE. Its
component parts may not be separated for
use on more than one Device, unless expressly
permitted by this EULA. You may permanently
transfer all of your rights under this EULA only
as part of a sale or transfer of the DEVICE,
provided you retain no copies, you transfer all

of the SOFTWARE (including all component
parts, the media and printed materials, any
upgrades, this EULA and, if applicable, the
Certificate(s) of Authenticity), and the recipient
ag rees to th e terms of thi s EULA. If the
SOFTWARE is an upgrade, any transfer must
include all prior versions of the SOFTWARE.
If the D EVIC E Sof twar e inc l ude s pho n e
functionality, you may not permanently transfer
any of your rights under this EULA with regard
to th e D EVIC E Soft ware or C o mpan ion
CD, except as permitted by the applicable
Mobile Operator. In the event that the Mobile
Op erator permi ts su ch tran sfer, y ou may
permanently transfer all of your rights under
this EULA only as part of a sale or transfer of
the DEVICE, provided you retain no copies,
you transfer all of the SOFTWARE (including
all component parts, the media and printed
materials, any upgrades, this EULA and, if
applicable, the Certificate(s) of Authenticity),
and the recipient agrees to the terms of this
EULA. If the SOFTWARE is an upgrade, any
transfer must include all prior versions of the
SOFTWARE.
Termination. Without prejudice to any other

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rights, OPTICON or MS may terminate this
EULA if you fail to comply with the terms and

conditions of this EULA. In such event, you
must destroy all copies of the SOFTWARE and
all of its component parts.

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S e cu r it y U p d a te s /D i gi t a l R i g h t s
Management. Content providers are using

the digital rights management tech nology
(“DRM” ) co n t a i n ed in y o u r DE V I C E to
protect the integrity of their content (“Secure
Content”) so that their intellectual property,
including copyright, in such content is not
misapprop riated. Portions of the DEVICE
Software and third party applications such as
media players use DRM to play Secure Content
(“DR M So ftware”). If the DRM Softwar e’s
security has been compromised, owners of
Secure Content (“Secure Content Owners”)
may request that MS block the ability of DRM
license servers and personal computers to
deliver new licenses that enable an affected
DEVICE to play Secure Content. This action
does not alter the DRM Software’s ability to
play unprotected content. A list of revoked
DRM Software is sent to your DEVICE whenever
you download a license for Secure Content
fr om the Inte rne t or fro m y our pe rso nal
computer. You therefore agree that MS may, in
conjunction with such license, also download
revocation lists onto your DEVICE on behalf of

Secure Content Owners. MS will not retrieve
any personally identifiable information, or
any other information, from your DEVICE by
downloading such revocation lists.

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Consent to Use of Data. You agree that MS,
Microsoft Corporation, their affiliates and/or
their designated agent may collect and use
technical information gathered in any manner
as part of product support services related to
the SOFTWARE. MS, Microsoft Corporation,
their affiliates and/or their designated agent
may use this information solely to improve
their product s or to pro vide c ustomized
services or technologies to you. MS, Microsoft
Co rpora tion, th eir aff iliat es and/o r their
designated agent may disclose this information
to others, but not in a form that personally
identifies you.

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Internet Gaming/Update Features. If the
DEVICE Software provides, and you choose to
utilize, the Internet gaming or update features
within the DEVICE Software, it is necessary
to use certain computer system, hardware,
and software information to implement the
features. By using these features, you explicitly
authorize MS, Microsoft Corporation and/or
their designated agent to use this information
solely to improve their products or to provide

customized services or technologies to you.
MS or Microsoft Corporation may disclose this
information to others, but not in a form that
personally identifies you.

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Internet-Based Services Components. The
DEVICE Software may contain components
that enable and facilitate the use of certain
Internet-based services. You acknowledge
and agree that MS, Microsoft Corporation,
their affiliates and/or their designated agent
may automatically check the version of the
DEVICE Software and/or its components that
you are utilizing and may provide upgrades or
supplements to the DEVICE Software that may
be automatically downloaded to your DEVICE.

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Additional Software/Services. The DEVICE
Software may permit OPTICON, MS, Microsoft
Co rpora tion, th eir aff iliat es and/o r their
designated agent to provide or make available
to you SOFTWARE updates, supplements,
add-on components, or Internet-based services
components of the SOFTWARE after the date
you obtain your initial copy of the SOFTWARE
(“Supplemental Components”).

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If OPTICON provides or makes available
to you Supplemental Components and no
other EULA terms are provided along with
the Supplemental Components, then the

terms of this EULA shall apply.

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If MS, Microsoft Corporation, their affiliates
and /or the ir desig nat ed agent mak e
available Supplemental Components, and
no other EULA terms are provided, then
the terms of this EULA shall apply, except
that the MS, Microsoft Corporation or
affiliate entity providing the Supplemental
Component(s) shall be the licensor of the
Supplemental Component(s).

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OPTICON, MS, Microsoft Corporation,
their affiliates and/or their designated
agent reserve the right to discontinue any
Internet-based services provided to you or
made available to you through the use of
the DEVICE Software.

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Links to Third Party Sites. The DEVICE
Software may provide you with the ability
to link to third party sites through the use of
the DEVICE Software. The third party sites
are not under the control of MS, Microsoft
Co rpora tion, th eir aff iliat es and/o r their
designated agent. Neither MS nor Microsoft
Co rpora tion nor th eir aff iliat es nor the ir
desi gnated agents ar e responsib le f or (i)
the conte nts of any third p arty si tes, any
links contained in third party sites, or any
changes or updates to third party sites, nor (ii)

webcasting or any other form of transmission
received from any third party sites. If the
DEVICE Software provides links to third party
sites, those links are provided to you only as
a convenience, and the inclusion of any link
does not imply an endorsement of the third
party site by MS, Microsoft Corporation, their
affiliates and/or their designated agents.

UPGRADES AND RECOVERY MEDIA.

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DEVICE Software. If the DEVICE Software
is provi ded by OPTIC ON separate fro m
the DEVICE on media such as a ROM chip,
CD ROM disk(s) or via web download or
other means, and is labeled “For Upgrade
Purposes Only ” you may install one (1) copy
of such DEVICE Software onto the DEVICE as
a replacement copy for the existing DEVICE
Software, and use it in accordance with this
EULA, including any additional EULA terms
accompanying the upgrade DEVICE Software.

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C O M PA N I O N C D . I f any s o f t w a r e
com pon e nt( s) i s p rovi ded by O PTI CON
separa te from the DEVICE on CD ROM
disk(s) or via web download or other means,
and labeled “For Upgrade Purposes Only ”,
you may (i) install and use one (1) copy of
such component(s) on the computer(s) you

use to exchange data with the DEVICE as a
replacement copy for the existing Companion
CD component(s).
RECOVERY M E D I A . If SOFTWARE is

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provided by OPTICON on separate media
labeled “Recovery Media” you may use the
Recovery Media solely to restore or reinstall
the SOFTWARE originally installed on your
DEVICE

INTELLECTUAL PROPERTY RIGHTS. All title
and intellectua l property rights in a nd to t he
SOFTWARE (including but not li mited to any
images, photographs, animations, video, audio,
musi c, t ext and “applets,” incor po rated into
th e SOF TWARE ), the a ccomp any ing p rinte d
materials, and any copies of the SOFTWARE,
are own ed by MS or its supplie rs (i ncluding
Mi crosoft Cor poration ). The SO FTWARE is
licensed, not sold. You may not copy the printed
materials accompanying the SOFTWARE. All
title and intellectual property rights in and to the
content which may be accessed through use of
the SOFTWARE is the property of the respective
content owner and may be protected by applicable
copyright or other intellectual property laws and
treaties. This EULA grants you no rights to use
such content. All rights not specifically granted

unde r this EU LA a re rese rved by M S and its
suppliers (including Microsoft Corporation). Use
of any on-line services which may be accessed
through the SOFTWARE may be governed by the
respective terms of use relating to such services.
If this SOFTWARE contains documentation that
is provided only in electronic form, you may print
one copy of such electronic documentation.
TRADEMARKS. This EULA does not grant you any
rights in connection with any trademarks or service
marks of OPTICON, MS, Microsoft Corporation,
their affiliates or suppliers.
EXPORT RESTRICTIONS. You acknowledge that
the SOFTWARE is subject to U.S. and European
Union export jurisdiction. You agree to comply
with all applicable international and national laws
that apply to the SOFTWARE, including the U.S.
Export Administration Regulations, as well as end­user, end-use and destination restrictions issued
by U.S. and other governments. For additional
in formatio n, see ht tp://www. micro sof t.com /
exporting/.
PRODUCT SUPPORT. Product support for the
SOFTWARE is not provided by MS, Microsoft
Corporation, or their af fi li ates. For pr od uc t
support, please refer to OPTICON support number
provided in the documentation for the DEVICE.
Should you have any questions concerning this

EULA, or if you desire to contact OPTICON for
any other reason, please refer to the address
provided in the documentation for the DEVICE.
REST R I CTED US E . The S O FTWAR E is not
des i gned or inte n ded f or u s e or re sale in
hazard ous env iro nme nts requ iri ng fail - saf e
performance, such as in the operation of nuclear
facilities, aircraft navigation or communication
systems, air traffic control, or other devices or
systems in which a malfunction of the SOFTWARE
would result in foreseeable risk of injury or death
to the operator of the device or system, or to
others.

NO LIABI LITY FOR CERTAIN DAM AGE S .
E X C EP T AS P R O H IB I T ED B Y L A W, M S ,
MICRO S O F T CORPOR ATION AN D TH E IR
AF FILIAT ES SHALL H AV E NO LIABILITY FOR
ANY INDIRECT, SPECIAL , CO NSEQUENTIAL
OR INCIDEN TAL DAMAGES ARISING FROM
OR IN CON NECT ION WI TH T HE US E O R
PER FOR MANC E O F T HE SOFTWARE . T HIS
LIMITATION SHALL APPLY EVEN IF ANY REMEDY
FAILS OF ITS ESSENTIAL PURPOSE. IN NO

EVENT SHALL MS BE LIABLE FOR ANY
AMOUNT IN EXCESS OF TWO HUNDRE D
FIFTY U.S. DOLLARS (U.S. $250).

FOR APPLICABLE LIMITED WARRANTIES (IF
ANY) AND SPECIAL PROVISIONS PERTAINING
TO YOUR PARTICULAR JURISDICTION, PLEASE
REFER TO YOUR WARRANTY BOOKLET (IF
ANY) INCLUDED WITH THIS PACKAGE OR
PROVIDED WITH THE SOFTWARE PRINTED
MATERIALS OR ELECTRONICALLY.
THE SOFTWARE IS PROVIDED "AS IS" AND
WITH ALL FAULTS. THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY, AND EFFORT (INCLUDING LACK
OF NEGL IGE NCE) IS WITH YO U. THE RE
ARE NO WA RRANTIES OR CONDITION S,
EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, ANY (IF
ANY) IMPLIED WARRANTIES OR CONDITIONS
OF ME RCHAN TA B ILIT Y, F I TNESS FOR A
PARTICULAR PURPOSE , LACK OF VIRUSES
OR NON-INFRINGEMENT, OR WARRANTY
AGA I N S T IN T E R F E RE N C E WIT H YO U R
ENJOYMENT OF THE SOFTWARE, ANY AND
ALL OF WHIC H ARE HER EBY EXPR ESS LY
DISCLAIMED. IF YOU HAVE RECEIVED ANY
WARRANTIES REGARDING THE DEVICE OR
THE SOFTWARE IN A WARRANTY BOOKLET
OR OT H E R W I S E , TH O SE WA R R A N TIE S
DO NOT OR I G I N ATE F R O M , AN D AR E
N OT BIN D I N G ON, M S , MI C R O S O F T

CORPORATION OR THEIR AFFILIATES.