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