©1995-2004 Intermec Technologies Corporation, 6001 36th Avenue West, Everett, Washington, 98203 USA. All Rights Reserved. Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19.
Except as may be otherwise indicated in specific documents within this publication, you are authorized to view, copy, print, and distribute documents within this publication, subject to the following:
This publication is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Any Intermec Technologies Corporation publication may include technical inaccuracies or typographical errors. Changes are periodically made to those publications and changes may be incorporated in new editions of those publications. Intermec Technologies Corporation may improve or change its products described in any publication at any time without notice. Intermec Technologies Corporation assumes no responsibility for and disclaims all liability for any errors or omissions in this publication or in other documents which are referred to within or linked to this publication. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Should you or any viewer of this publication respond with information, feedback, data, questions, comments, suggestions or the like regarding the content of any Intermec Technologies Corporation publication, any such response shall be deemed not to be confidential and Intermec Technologies Corporation shall be free to reproduce, use, disclose and distribute the response to others without limitation. You agree that Intermec Technologies Corporation shall be free to use any ideas, concepts or techniques contained in your response for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products incorporating such ideas, concepts or techniques.
This publication is distributed internationally and may contain references to Intermec Technologies Corporation products, programs and services that have not been announced in your country. These references do not imply that Intermec Technologies Corporation intends to announce such products, programs or services in your country.
End User License Agreement
Important: Carefully read this End User License Agreement (EULA) before installing or using the Software. You may use the Software only if you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may NOT use the Software and you MUST return the Software and/or the equipment on which it is installed to Intermec for a refund. ANY INSTALLATION OR USE OF THE SOFTWARE INDICATES YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA.
1.1 "System" means the Intermec computer equipment you acquired from Intermec and on which the Software was pre-installed or onto which it is to be installed.
1.2 "Software" means the computer program(s) acquired from Intermec and installed on the System or any Revisions thereto. This may include programs written by Intermec as well as operating systems and application programs written by others which have been provided to you or installed on the System by Intermec. Software will be provided to You in object code form only. The Software includes any disks or media on which it is recorded, any printed Documentation or any "on-line" or electronic Documentation.
1.3 "Documentation" means the materials accompanying the Software which describe its functions and how to install and use the Software.
1.4 "Revision" means any correction, modification, update, enhancement, or new version of the Software or Documentation provided to you by Intermec.
1.5 "You" or "your" refers to the end user licensed to use the Software under this EULA.
1.6 "Intermec" means Intermec Technologies Corporation, a Washington corporation.
2.1 Intermec hereby grants you a license to use the Software subject to the following terms and conditions.
2.2 The Software is licensed, not sold. Intermec hereby grants you a non-exclusive, terminable, limited license to use the Software on the System(s) for your own internal business purposes. No other right or license is granted or implied. You agree to not modify, copy, distribute or otherwise disclose the Software without the prior written consent of Intermec. You further agree not to reverse engineer, disassemble, or de-compile the Software. This license shall terminate when you no longer own or You cease to use the System(s) on which You are licensed to use the Software.
2.3 You may not duplicate or copy the Software except that you may make a single copy of the Software for use solely for archival purposes. The archival copy must bear the copyright notices appearing in the original.
2.4 You may not sell, lease, rent, assign, sublicense or transfer the Software except that you may transfer all of your rights under this EULA as part of a sale or transfer of the System(s). Such a sale or transfer may only be made if you retain no copies of the Software, you transfer all of the Software (including any media, archival copies, upgrades and Documentation) and the recipient agrees to abide by the terms of this EULA. An upgrade may not be transferred unless you transfer all prior versions of the Software. In the event of any such transfer, you shall remain liable and responsible to Intermec for the performance of all of your duties and obligations under this EULA.
2.5 The Software product is protected under the copyright laws of the United States and international copyright treaties, as well as other intellectual property laws and treaties. You agree that if any unauthorized copies are made, or if the Software is used in violation of this EULA, Intermec shall have the right to obtain an injunction against the unauthorized copying or use, in addition to any other rights and remedies Intermec might have. You acknowledge and agree that nothing in this Agreement gives you any right, title or interest in the Software except the limited rights expressly granted herein. Some or all of the Software may have been developed by an independent third party software supplier which holds copyright or other proprietary rights to the software product. You may be held responsible to any such supplier for any infringement of such rights.
2.6 You agree that You will not export or import any portion of the Software to any country that is not party to either: (i) The Berne Convention of 1989, (ii) The Universal Copyright Convention, (iii) The Buenos Aires Convention, or (iv) a treaty with the United States of America (U.S.A.) which allows for the recognition of the property rights claimed by Intermec or its suppliers in the Software. Any export of the Software to such country in violation of this paragraph 2.8 is prohibited and shall constitute a breach of this EULA.
2.7 Intermec and its software suppliers reserve the right to terminate this EULA if you violate any term or condition of this EULA. In the event of termination, you must stop using the Software and must return all copies of the Software to Intermec.
2.8 In the event you modify the Software or include it in any other software program, upon termination of this EULA you agree either to remove the Software or any portion thereof from the modified program and return the Software to Intermec.
3.0 LIMITED WARRANTY
3.1 Intermec warrants for a period of NINETY (90) DAYS from the date of shipment that the Software will perform substantially in accordance with the Documentation provided with the Software. Intermec does not warrant that the operation of the Software will be uninterrupted or error free. This limited warranty is void if failure of the Software is due to accident, abuse or misapplication.
3.2 REMEDIES: If the Software fails to perform as warranted in paragraph 3.1, above, your exclusive remedy against Intermec and its suppliers shall be repair or replacement of the Software or the media upon which it is recorded. If Intermec is unable to repair or replace the Software within a reasonable period of time, your alternate exclusive remedy is a refund of the price paid, if any, for the Software upon return of the Software and all copies thereof.
3.3 NOTICE OF WARRANTY CLAIMS: You must notify Intermec in writing of any warranty claim no later than THIRTY (30) DAYS after the expiration of the warranty period.
3.4 LIMITATION OF WARRANTY: EXCEPT AS EXPRESSLY PROVIDED IN SECTION 3.1, ABOVE, INTERMEC AND ITS SUPPLIERS MAKE NO OTHER EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, WHETHER WRITTEN OR ORAL WITH RESPECT TO THE SOFTWARE.
3.5 This warranty gives you specific legal rights, and you may also have other rights which vary from state to state, or province to province.
3.6 EXCLUSIVE REMEDIES: The remedies provided above are your sole and exclusive remedies. IN NO EVENT SHALL INTERMEC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND THE LIKE) ARISING OUT OF THE DELIVERY USE OR PERFORMANCE OF THE SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. Some states or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
4.1 The Software is not warranted to be compatible with all environments. Contact Intermec for information about hardware and/or software compatibility.
5.0 WARRANTY SUPPORT
5.1 Warranty support may be obtained from the nearest Intermec sales office or other location indicated in the Documentation. Intermec will be your primary contact for support even if the Software was written by one of Intermecs suppliers.
6.1 Intermec may terminate this Agreement at any time should You violate any term or condition of this EULA. Upon termination of this EULA, You shall immediately return to Intermec, all Software and any copies thereof and related Documentation and certify to Intermec that You have done so. The provisions of this paragraph of this EULA and any other material provisions of this EULA shall survive any termination of this EULA.
7.1 Should any part or provision of this EULA be held unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining parts or provisions shall not be affected by such holding.
8.0 LIMITATION ON EFFECT OF WAIVER
8.1 A waiver of any breach of any provision of this EULA shall not be construed as a continuing waiver of other breaches of the same or other provisions of this EULA.
9.0 ENTIRE AGREEMENT
9.1 This EULA constitutes the entire agreement and understanding between the parties and supersedes all prior agreements and understandings with respect to the subject matter of this EULA whether written or oral, including any and all purchase orders to the extent that they are inconsistent with or add to the terms of this agreement. No modification or claimed waiver of any of the provisions hereof shall be valid unless in writing and signed by authorized representatives of the party against whom such modification or waiver is sought to be enforced.
10.0 GOVERNING LAW
10.1 The validity and interpretation of this Agreement shall be governed by the laws of the State of Washington. The Federal or State Courts located in the State of Washington, shall have jurisdiction to hear any dispute under this contract. The parties agree that the provisions of the United Nations Convention on the International Sale of Goods shall not apply to this EULA.
U.S. GOVERNMENT RIGHTS
If you have any questions about this EULA, please contact Intermec.
Privacy and Security Policy
This policy discloses Intermec's privacy guidelines for this Intermec web site.
6001 36th Avenue West
We can be reached via e-mail at email@example.com or by telephone at 1-800-553-5971.
User information and site activity data is collected throughout the web site, including domains, browsers, and pages accessed. This information is used for standard reporting purposes and to improve the site content and display. Information required for the purchase and delivery of Intermec products and services, to allow Intermec to contact customers when necessary, to tailor the user experience, and to protect Intermec from fraud, may be collected throughout the site. Names, shipping addresses, billing addresses, credit card numbers and expiration dates, e-mail addresses, and voice and fax telephone number are among the information collected.
A. Registered Users
Intermec's sites are currently not intended or designed for use by consumers for personal business.
The use of the Intermec E-Commerce site may also be governed by an agreement signed by your employer and Intermec.
B. Non-Registered Users
Use of Information
A. Registered Users
Information regarding you (such as name, address, phone number) or your order and the products you purchase may be given to our business partner to enable them to assist us in providing you with customer support.
B. Non-Registered Users
Information may at times be shared with Intermec partners and other third parties. This information includes demographic information, domain names, and other site-traffic information but this does not include personally identifiable information.
Requests of Information from Intermec
Persons who supply their telephone numbers online may be contacted with information regarding new products and services or upcoming events. If you do not wish to receive such information, send a request to Intermec at the above contact information. Please provide us with your name and phone number. We will be sure your name is removed from the list.
Upon request, we provide site visitors with access to all information (including proprietary information) that we maintain about them. You may access or correct this information by sending a request to Intermec at the above contact information.
A cookie is a small data file that certain web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited, but the only personal information a cookie can contain is information you supply yourself. This enables Intermec to improve its web site to serve you better. You may choose to not receive cookies from Intermec's web site by setting your browser to notify you before accepting cookies. You than have the option of rejecting the cookie. You may also set your browser to reject all cookies. If you choose to reject a cookie it may slow down your interaction with the web site.
Links to Third Party Sites
Intermec uses industry standard encryption security measures to protect the privacy and integrity of the information you provide to us once it is received on our systems. We understand that using web site commerce can cause concern. Unfortunately, when you submit information about yourself to Intermec over the Internet, the information may travel over many systems that are not under the control of Intermec. While Intermec tries to protect the information you provide us, we can not ensure the secrecy of any information that you transmit to us. You transmit information to Intermec at your own risk.
Your purchase transactions with us are secure. They will always be encrypted even when you may think they are not. No one will be able to see your order, or your credit card number from our site. We can also assure you that we will not use or sell the information that you place on the order form.
Intermec's transaction frames are fully SSL encrypted. Encryption ensures that transaction information is sent securely but has a significant performance tradeoff in the browser environment. You may have noticed that the Intermec site employs a framed metaphor for easier navigation and more efficient page updates. With this in mind Intermec selectively places SSL encryption on only those forms and frames that need to be encrypted (e.g., the checkout). Since things like our product selectors and menus don't need to be slowed down by SSL we do not employ it there.
Unfortunately (but for obvious reasons) browsers won't show the safe "KEY" or "LOCK" unless each and every frame on the page is SSL encrypted. Thus, if only one frame is encrypted, the browser correctly reports that not everything you are looking at is "safe". However, the absence of the "lock" or "key" does not mean that the information you are looking at is not encrypted.
You can verify that a frame is SSL encrypted by right-clicking within the frame and looking at the frame info or properties (ie. Found in the "View" menu in Netscape and the "File" menu in Internet Explorer). Doing this within Intermec's checkout pages will indeed show that this information is being sent encrypted.
It is vital for you to protect your password and account information. You should not share this information with anyone other than your employer. You retain sole responsibility for maintaining the secrecy of your password or other account information.
Acceptance of Terms
2. Rights to Materials Appearing on the Site; Limited License to Use
a. All materials appearing on this Site are protected by law, including, but not limited to, United States Copyright Law and international treaties. All material appearing on this Site is copyrighted by Intermec or the original creator of the material. Intermec or the original creator reserve all rights to the materials. Except as may be specifically stated otherwise in other materials on this Site or in the limited license set out in paragraph 2 b, below, you may not copy, reproduce, distribute, display, download, republish, post or transmit any materials in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Intermec or the owner of the copyright. In addition, you may not create any derivative works of any materials without Intermecs prior written consent. Also, you may not "mirror" any material appearing on this Site on any other server, without Intermecs written permission.
b. Intermec grants you the limited license to view, copy, print and distribute the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. Intermec grants you a limited license to use the materials on this site to operate Intermec products, however you may not transfer the materials to third parties without Intermecs prior written consent. This license will terminate automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Unauthorized use of any material appearing on this Site may violate intellectual property rights or other rights of Intermec or others. Some materials may contain other proprietary notices and copyright information which applies to those materials.
c. Except as explicitly stated above, nothing on the Site shall be construed as conferring, by implication, estoppel or otherwise, any right or license under any patent, trademark, copyright, moral right or any other intellectual property right of Intermec or any third party.
d. U.S. Government Restricted Rights. The materials appearing on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U. S. Government is subject to any restrictions set forth in DFARS 252.227-7013, FAR 52.227-14 and FAR 52.227-19 (or the successors thereto) and any other applicable laws and regulations. By using any of the materials the U. S. Government acknowledges Intermecs rights in them.
3. Compliance with Laws
In using or accessing this Site, you agree to comply with all applicable federal, state and local laws and regulations. Materials appearing on this Site are subject to the export control laws and regulations of the United States and may also be subject to the laws of the country in which you reside. Intermec specifically prohibits access to the materials on this Site from locations where it is illegal to obtain such access. Anyone who accesses this Site from locations outside the United States does so on their own initiative and is responsible for compliance with applicable local laws.
This Site is controlled and operated by Intermec from its offices within the United States.
4. Content Notice; Disclaimer of Warranties
The materials on this site are provided "AS IS" and without warranty of any kind whatsoever, whether express, implied or statutory (including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or noninfringement as well as any which arise from a course of dealing, course of performance, usage or trade practice). Intermec specifically disclaims all such warranties to the fullest extent permitted by law. Intermec does not warrant or represent that the materials on this site are accurate or reliable or that the materials are free from errors or viruses. Intermec assumes no responsibility for and disclaims all liability for any errors or omissions in the materials appearing on the site or in materials which are referred to within the site or other web sites which are linked to this site (including any results arising from the use of this site). Intermec shall have the right to change this site or any products or services referred to in it at any time without notice.
5. Disclaimer and Limitation of Liability
In no event shall Intermec be liable for any direct, indirect, special, consequential or incidental damages of any kind, including but not limited to, loss of data or profit, loss of business opportunity or loss of potential savings, arising out of the use, the inability to use, or reliance upon any materials appearing on this Site. This limitation of liability shall apply even if Intermec or any of its employees, officers, directors or agents has been advised of the possibility of such damages and even if any remedy available to you fails of its essential purpose. This limitation of liability applies regardless of whether the action is based on contract or tort (including negligence and strict liability). Some states do note allow the exclusion or limitation of incidental or consequential damages, so the above limitation on such damages may not apply to you. This Site may refer to certain non-Intermec products or services. Any such references are for information purposes only and do not constitute an endorsement or recommendation of such products or services.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are the registered and unregistered Trademarks of Intermec or third parties. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of Intermec or the Trademark owner. A partial list of Intermecs Trademarks may be found by clicking on the link Trademark.
You may not use the Intermec logo or name or any Intermec trademark as a "hot" link unless you have obtained written permission from Intermec before creating the link.
7. User Feedback
Any feedback, idea or other information ("Information") that you provide or transmit to or post on this Site by any means will be considered as non-confidential and non-proprietary. Intermec will have no obligation to protect any such Information, and Intermec may use it or disseminate it for any purpose whatsoever, including, but not limited to, the development, manufacture and marketing of products or services.
8. Prohibited Uses
You are prohibited from transmitting, uploading, or posting to or from this Site any information or material that is profane, obscene, pornographic, threatening, abusive, libelous, defamatory, or otherwise illegal or any other material that may cause any civil liability. You are also prohibited from transmitting, uploading or posting any material that contains any virus or similar device.
9. Links to Other Web Sites
This Site may contain links to web sites controlled or maintained by other persons or companies. Intermec provides these links solely for your convenience and Intermec does not endorse the linked sites in any manner. Intermec will not be liable or responsible for the accuracy or reliability of any information appearing on those web sites.
10. Availability of Products and Services
This Site may contain information regarding products or services which are not available in your country. Your local Intermec sales representative can provide you with information regarding which products and services are available in your country.
11. Confidential Information and Privacy
Notwithstanding the foregoing, all personal data you provide to Intermec through this Site will be handled in accordance with Intermecs Online Privacy and Security Policy.
12. Use of Secure Areas of the Site
Certain portions of the Site may be accessible only through the use of passwords or other security devices. Only authorized users may access or use such portions of the Site. Use of such portions of the Site by unauthorized persons or unauthorized use by authorized users shall constitute a material violation of these Terms & Conditions and may constitute a crime.
13. Software License Terms
If you download any software from the Site, the software will be governed by the terms of the software license agreement that is included with the downloaded software or the terms of the Intermec End User License Agreement.
15. Applicable Law
This Site is maintained by Intermec from its offices in Everett, Washington and/or Cedar Rapids, Iowa, U.S.A. Any claim relating to, and the use of, this Site and the materials contained herein shall be governed by the laws of the state of Washington, USA.
16. Complete Agreement
Trademark Notice: Product names, logos, designs, titles, words or phrases within this publication may be trademarks, servicemarks, or tradenames of Intermec Technologies Corporation or other entities and may be registered in certain jurisdictions. ANTARES®, ARCITECH®, BAR DESIGN®, BEVERAGE ROUTEBOOK®, BOXLABELLER (Registered in Sweden), BRANCH-COMMANDER®, BRONZE®, CARGOLABELLER (Registered in Sweden), CHRONICLE (Registered overseas), COLLUX®, CROSSBAR®, DCBROWSER®, DURATHERM®, EASYCODER®, EASYSET®, EXPECT MORE, GOLD®, HONORS PARTNER, I-GISTICS®, IM®, INTELLITAG®, INTERMEC®, INTERMEC EASYCODER®, INTERMEC PERFORMANCE PRINTERS®, INTERMEC TRAKKER (Registered in the United Kingdom), INTERMEC VALUE PRINTERS®, INTERNETABLE (Registered in Sweden), IRL®, AIRLABELLER (Registered in Sweden), JANUS®, LABELSHOP®, MAXIBAR®, MAXILAN AND DESIGN®, MEDALLION®, NOR*WARE®, NORAND®, NORAND CUSTOMER SERVICE®, NORAND MOBILE COMPUTING FOR THE REAL WORLD®, NORGISTICS®, PICOLINK®, PLATINUM®, PLATINUM EXTRA®, PLATINUM PLUS®, PRINTHEAD PLATE (Registered in Sweden), ROUTEPOWER®, SABRE®, SCANPLUS®, SCANTREND®, SHOPSCAN®, SILVER®, SILVER PLUS®, SILVER REPLACEMENT®, SITECARE®, TRAKKER®, TRAKKER ANTARES®, UBI FINGERPRINT PROGRAMMING LANGUAGE (Registered in Sweden and France), UBI UNITED BARCODE INDUSTRIES®, UNITED BARCODE INDUSTRIES (Registered overseas), VISTA POWERED®, WHERE INFORMATION GETS DOWN TO BUSINESS®, WIRELESS ACCESS POINT and the Intermec Product Icons are trademarks of Intermec Technologies Corporation. Other product names mentioned within this publication may be trademarks or registered trademarks of other companies.