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Legal Notification


TERMS OF USE

1. Use License. If you are a current client of Radiant Systems, Inc. (“Radiant Systems”), and as such are a party to a valid agreement with Radiant Systems (the “Agreement”), your use of this web site is governed by the Agreement.  If there is any conflict between the terms of the Agreement and these Terms of Use, the terms of the Agreement shall govern.  Radiant Systems may grant you limited permission to view this web site for your own, personal use, provided that you agree to and accept without modification the notices, terms and conditions set forth in these Terms of Use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any products or services from this web site, except as provided in the Agreement.

Your use of this web site constitutes your agreement and acceptance without modification to the notices, terms and conditions set forth herein. In addition, as a condition of your use of this web site, you represent and warrant to Radiant Systems that you will not use this web site for any purpose that is unlawful, immoral or prohibited by these notices, terms and conditions. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this web site.

2. Copyrights. This web site and its contents are the copyrighted property of Radiant Systems. Nothing on this web site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any copyrighted property displayed on this web site, without the prior written permission of the copyright owner. Radiant Systems aggressively enforces its intellectual property rights to the fullest extent of the law.

3. Trademarks. The trademarks, service marks and logos (the "Trademarks") used and displayed on this web site are the registered Trademarks of Radiant Systems and others. Nothing on this web site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this web site, without the prior written permission of the Trademark owner. The name of Radiant Systems, the Radiant Systems logo or the other Radiant Systems formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this web site, without prior, written permission from Radiant Systems. Radiant Systems prohibits use of its Trademarks as part of a link to or from any web site unless establishment of such a link is approved in advance by Radiant Systems in writing. Fair use of Radiant Systems' Trademarks requires proper acknowledgment. Other product and company names mentioned in this web site may be the Trademarks of their respective owners.

4. Links to Third Party Web Sites. Radiant Systems does not maintain, is not responsible for the content of, and does not endorse, any of the web sites linked to the Radiant Systems web site. You access or connect to these linked web sites at your own risk. The content, accuracy and reliability of, and the opinions expressed and other links provided in, these non-Radiant Systems web sites are not investigated, verified, monitored or endorsed by Radiant Systems, and Radiant Systems disclaims any warranty, express or implied, with respect to the content, accuracy and reliability of such web sites.

5. Disclaimer. YOUR USE OF AND BROWSING IN THIS WEB SITE ARE AT YOUR OWN RISK. EVERYTHING ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. RADIANT SYSTEMS SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. RADIANT SYSTEMS SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEB SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS WEB SITE. YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL RADIANT SYSTEMS, ITS AFFILIATES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE, THE CONTENTS OF THIS WEB SITE, THE DELAY OR INABILITY TO USE THIS WEB SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. RADIANT SYSTEMS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEB SITE.

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

6. Posting Information. Portions of this web site may provide users an opportunity to post and exchange information, ideas and opinions ("Postings"). PLEASE BE ADVISED THAT RADIANT SYSTEMS DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB SITE, and Postings do not necessarily reflect the view of Radiant Systems. In no event shall Radiant Systems assume or have any responsibility or any liability for the Postings or for any claims, damages or losses resulting from their use and/or appearance on this web site.

Radiant Systems reserves the right to monitor all Postings and to remove any that it considers in its absolute discretion to be unlawful, offensive or otherwise in breach of these terms and conditions. You hereby authorize Radiant Systems to use and/or authorize others to use all or part of your Postings in any manner, format or medium that Radiant Systems or such other parties see fit. You shall have no claim or other recourse against Radiant Systems for infringement of any proprietary right in Postings.

7. Submissions. Any communication or material you transmit to this web site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post becomes the property of Radiant Systems and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Radiant Systems is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this web site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and services using such information. Through your usage of this web site, you may submit and/or Radiant Systems may gather certain limited information about you and your web site usage. Radiant Systems is free to use such information for any purpose it deems appropriate, including, but not limited to, creating customized web pages and marketing purposes.

8. General. This web site resides on a server in Atlanta, Georgia, USA. You agree that these Terms of Use and your use of this web site are governed by the laws of the State of Georgia, USA, without regards to its rules regarding conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Atlanta, Georgia, USA in all disputes (a) arising out of, relating to, or concerning this web site and/or these Terms of Use, (b) in which this web site and/or these Terms of Use are an issue or a material fact, or (c) in which this web site and/or these Terms of Use are referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this web site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Radiant Systems has endeavored to comply with all legal requirements known to it in creating and maintaining this web site, but makes no representation that any content on this web site is appropriate or available for use in any particular jurisdiction. Use of this web site is unauthorized in any jurisdiction where all or any portion of this web site may violate any legal requirements and you agree not to access this web site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms of Use is at your own risk and, if any part of these Terms of Use is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall govern such use.

Any claim, dispute or controversy arising out of, relating to or concerning this web site and/or these Terms of Use shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Atlanta, Georgia, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.

9. Changes. You agree that Radiant Systems may at any time and without notice change these Terms of Use, as well as the content of the web site.

10. Relationship. You agree that no joint venture, partnership, employment or agency relationship exists between you and Radiant Systems solely as a result of your use of this web site.

11. Entire Agreement. Subject to the terms and conditions of any existing agreements between you and Radiant Systems, these Terms of Use constitute the entire agreement between you and Radiant Systems with respect to this web site. Other than any existing agreements between you and Radiant Systems, these Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Radiant Systems with respect to this web site. Any alleged waiver of any breach of these Terms of Use shall not be deemed to be a waiver of any future breach. A printed version of these Terms of Use and/or of any notice given by Radiant Systems in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use or your use of this web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Radiant Systems in printed form.

© 2002-2009 Radiant Systems, Inc. All Rights Reserved.
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PRIVACY POLICY

Protecting your personal information is of the utmost importance to Radiant Systems, Inc. Therefore, we have prepared this Privacy Policy to inform you as to how we will use the information you entrust to us.

If you are a party to a valid agreement with Radiant Systems (the “Agreement”), your use of this web site and its information, operations and functions are governed by the Agreement.

Although no data transmission over the Internet can be guaranteed to be 100% secure, we will do our best to ensure the security of any client account information on our system and/or personal information you send to us via electronic mail through our web site. As a result, while we strive to protect all client account and personal information, Radiant Systems, its affiliates, agents and suppliers cannot ensure or warrant the security of any such information you transmit to us, and you do so at your own risk.

Our web site uses a technology called "cookies" which may be used to provide you with tailored information. A “cookie” is a tiny element of data that a web site can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. All pages on this web site where you are prompted to log-in or that are customizable require that you accept cookies. These cookies (a) will let us know who you are, and (b) are necessary to access any client account information (stored on our computers) in order to deliver personalized services to you. You may set your browser to notify you when you receive a cookie, however please note that by not accepting cookies from this web site you will limit the functionality we can provide when you visit our web site. Our web site may include links to the web sites of our business partners, suppliers and advertisers. Radiant Systems is not responsible for the content or the privacy practices employed by any third party.

Radiant Systems does knowingly solicit information from children, and we do not knowingly market our products or services to children.

© 2002 - 2009 Radiant Systems, Inc. All Rights Reserved.
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SAFE HARBOR PRIVACY POLICY APPLICABLE TO PERSONAL DATA FROM NATURAL PERSONS WITHIN THE COUNTRIES OF THE EUROPEAN UNION

Protecting personal information is very important to Radiant Systems, Inc. ("Radiant"). Therefore, this Safe Harbor Privacy Policy (this "Policy") sets forth the privacy principles that Radiant follows with respect to transfers of Personal Data (as defined below) from the twenty-five (25) member states of the European Union (the "EU") (Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and the United Kingdom) to the United States.

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the "Directive") permits transfers of Personal Data from an EU member state to a non-EU member state only if such non-EU member state provides an "adequate level of protection." The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions regarding the transfer of Personal Data from the EU to the United States (the "Safe Harbor Principles") that satisfy the "adequate level of protection" requirement of the Directive. Radiant, consistent with its commitment to protect personal information, adheres to principles consistent with the Safe Harbor Principles.

For purposes of this Policy, the term "Personal Data" means any information relating to a natural person within the member states of the EU who is identified or who can be identified directly or indirectly in particular by reference to an identification number or to one or more factors specific to his or her physical, physiological, mental, economic, cultural or social identity. For purposes of this Policy, the term "Data Subject" means the natural person who is identified or identifiable by such Personal Data.

Radiant adheres the following principles that are consistent with the Safe Harbor Principles:

1. Notice. At the time when Radiant first asks a Data Subject to provide Personal Data to Radiant or as soon thereafter as is practicable, but in any event before Radiant uses such Personal Data for a purpose other than the purpose(s) for which it was originally collected or discloses it for the first time to a third party, Radiant will inform such Data Subject in clear and conspicuous language of: (a) the purpose(s) for which Radiant collects and uses such Data Subject's Personal Data, (b) how such Data Subject can contact Radiant with any inquiries or complaints about such Data Subject's Personal Data, (c) the types of third parties to whom Radiant discloses such Data Subject's Personal Data, and (d) the choices and means that Radiant offers such Data Subject for limiting the use and disclosure of such Data Subject's Personal Data.

2. Choice. Radiant will offer a Data Subject the opportunity to choose (opt-out) whether such Data Subject's Personal Data is: (a) to be disclosed to a third party, or (b) to be used for a purpose other than the purpose(s) for which it was originally collected or subsequently authorized by such Data Subject. Radiant will offer a Data Subject clear and conspicuous, readily available mechanisms to exercise such choice.

When the following categories of Personal Data are involved: personal information specifying (a) medical or health conditions, (b) racial or ethnic origin, (c) political opinions, (d) religious or philosophical beliefs, (e) trade union membership, or (f) information specifying the sex life of the Data Subject (collectively referred to as "Sensitive Personal Data"), Radiant will offer Data Subjects affirmative or explicit (opt-in) choice if the Sensitive Personal Data is to be disclosed to a third party or used for a purpose other than the purpose(s) for which it was originally collected or subsequently authorized by the Data Subject. Radiant also treats as Sensitive Personal Data any information that it receives from a third party when such third party treats and identifies such information as Sensitive Personal Data.

3. Onward Transfer. Radiant will disclose Personal Data to third parties pursuant to the Notice and Choice principles set forth above. In the event that Radiant wants to transfer Personal Data to a third party that is acting as its agent, Radiant will, prior to such transfer, obtain assurances from such third party that it: (a) subscribes to the Safe Harbor Principles, (b) is subject to the Directive, (c) is subject to another "adequate level of protection" finding, or (d) will enter into a written agreement with Radiant requiring that the third party provide at least the same level of privacy protection as is required by the relevant Safe Harbor Principles.

4. Security. Radiant takes reasonable precautions to protect Personal Data from loss, misuse and unauthorized alteration, destruction, access and disclosure.

5. Data Integrity. Radiant will not process Personal Data in a manner other than the purpose(s) for which it: (a) has been collected, or (b) has been subsequently authorized by the Data Subject. Radiant will take reasonable steps to ensure that Personal Data is current, accurate, complete and relevant for its intended use.

6. Access. Upon a written request to Radiant, Radiant will grant a Data Subject reasonable access to such Data Subject's Personal Data that Radiant possesses. Radiant will correct, amend or delete any Personal Data that is shown, to Radiant's reasonable satisfaction, to be out of date, inaccurate, incomplete or no longer necessary for the purpose(s) for which it was collected or subsequently authorized by the Data Subject.

7. Enforcement. Radiant will conduct compliance audits of its adherence to the principles set forth in this Policy from time to time and will establish follow up procedures for verifying that its attestations and assertions about its privacy practices are true and that its privacy practices have been implemented as presented in this Policy. In the event that Radiant determines that any of its employees are in violation of the principles set forth in this Policy, Radiant will subject such employee(s) to appropriate disciplinary action, up to and including termination of employment.

Any questions or concerns regarding this Policy or the use or disclosure of Personal Data should be directed to the Radiant
Privacy Office:

Radiant Privacy Office
Attention: Chief Privacy Officer
3925 Brookside Parkway
Alpharetta, Georgia 30022
E-Mail: privacyoffice@radiantsystems.com

Radiant will investigate and attempt to resolve complaints and disputes regarding the use and disclosure of Personal Data in accordance with the principles contained in this Policy. In the event that complaints cannot be resolved between Radiant and any complainant, Radiant will cooperate and participate in the dispute resolution procedures of the panel established by the EU data protection authorities to resolve such disputes.

This Policy may be amended by Radiant from time to time, provided that such amendments are consistent with the requirements of the Safe Harbor Principles. (Back to top)