User's Manual

Quick Reference Guide
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FROM ZEBRA OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY ZEBRA OF
WARRANTY REGARDING THE SOFTWARE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM ZEBRA.
11.
THIRD-PARTY APPLICATIONS. Certain third party applications may be included with, or downloaded with this
Software. Zebra makes no representations whatsoever about any of these applications. Since Zebra has no control
over such applications, you acknowledge and agree that Zebra is not responsible for such applications. You
expressly acknowledge and agree that use of third party applications is at your sole risk and that the entire risk of
unsatisfactory quality, performance, accuracy and effort is with you. You agree that Zebra shall not be responsible or
liable, directly or indirectly, for any damage or loss, including but not limited to any damage to or loss of data, caused
or alleged to be caused by, or in connection with, use of or reliance on any such third party content, products, or
services available on or through any such application. You acknowledge and agree that the use of any third-party
application is governed by such third party application provider's Terms of Use, License Agreement, Privacy Policy, or
other such agreement and that any information or personal data you provide, whether knowingly or unknowingly, to
such third-party application provider, will be subject to such third party application provider's privacy policy, if such a
policy exists. ZEBRA DISCLAIMS ANY RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION OR ANY
OTHER PRACTICES OF ANY THIRD PARTY APPLICATION PROVIDER. ZEBRA EXPRESSLY DISCLAIMS ANY
WARRANTY REGARDING WHETHER YOUR PERSONAL INFORMATION IS CAPTURED BY ANY THIRD PARTY
APPLICATION PROVIDER OR THE USE TO WHICH SUCH PERSONAL INFORMATION MAY BE PUT BY SUCH
THIRD PARTY APPLICATION PROVIDER.
12.
LIMITATION OF LIABILITY. ZEBRA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT
OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SOFTWARE OR ANY THIRD PARTY
APPLICATION, ITS CONTENT OR FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY
OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, IN-APP PURCHASES,
AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
EVEN IF ZEBRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING,
ZEBRA'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT
NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF
THE SOFTWARE OR THIRD PARTY APPLICATIONS, OR ANY OTHER PROVISION OF THIS EULA, SHALL NOT
EXCEED THE FAIR MARKET VALUE OF THE SOFTWARE OR AMOUNT PURCHASER PAID SPECIFICALLY FOR
THE SOFTWARE. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS (INCLUDING SECTIONS
10, 11, 12, AND 15) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF
ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
13.
INJUNCTIVE RELIEF. You acknowledge that, in the event you breach any provision of this Agreement, Zebra will
not have an adequate remedy in money or damages. Zebra shall therefore be entitled to obtain an injunction against
such breach from any court of competent jurisdiction immediately upon request without posting bond. Zebra's right to
obtain injunctive relief shall not limit its right to seek further remedies.
14.
MODIFICATION. No modification of this Agreement shall be binding unless it is in writing and is signed by an
authorized representative of the party against whom enforcement of the modification is sought.
15.
U.S. GOVERNMENT END USERS RESTRICTED RIGHTS. This provision only applies to U.S. Government end
users. The Software is a commercial item” as that term is defined at 48 C.F.R. Part 2.101, consisting of “commercial
computer software” and computer software documentation” as such terms are defined in 48 C.F.R. Part
252.227-7014(a)(1) and 48 C.F.R. Part 252.227-7014(a)(5), and used in 48 C.F.R. Part 12.212 and 48 C.F.R. Part
227.7202, as applicable. Consistent with 48 C.F.R. Part 12.212, 48 C.F.R. Part 252.227-7015, 48 C.F.R. Part
227.7202-1 through 227.7202-4, 48 C.F.R. Part 52.227-19, and other relevant sections of the Code of Federal
Regulations, as applicable, the Software is distributed and licensed to U.S. Government end users (a) only as a
commercial item, and (b) with only those rights as are granted to all other end users pursuant to the terms and
conditions contained herein.
16.
APPLICABLE LAW. This EULA is governed by the laws of the state of Illinois, without regard to its conflict of law
provisions. This EULA shall not be governed by the UN Convention on Contracts for the International Sale of Goods,
the application of which is expressly excluded.