User guide

01/26/2015 Virtual Device-Mi User Guide P1076806-001

12. Disclaimer. ZEBRA SUPPLIES THE SOFTWARE AS IS AND WITH ALL FAULTS AND DOES NOT

MAKE ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED

TO WARRANTIES CONCERNING THE SOFTWARE OR ANY APPLICATION, OPERATION OR USE

THEREOF, THE OUTPUT OR THE DATA GENERATED BY THE OPERATION OR USE THEREOF, OR

ANY SUPPORT SERVICES RENDERED WITH RESPECT THERETO. ZEBRA HEREBY EXCLUDES

ALL IMPLIED WARRANTIES TO THE MAXIMUM EXTENT AUTHORIZED BY LAW, INCLUDING,

SPECIFICALLY, ANY IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR

FROM A COURSE OF DEALING OR USAGE OF TRADE, ALL IMPLIED WARRANTIES OF

MERCHANTABILITY, OR OF MERCHANTABLE QUALITY, OR OF FITNESS FOR ANY PURPOSE,

PARTICULAR, SPECIFIC OR OTHERWISE, OR OF TITLE, OR OF NONINFRINGEMENT. SOME

JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES,

SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. WHEN THE IMPLIED

WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE

LIMITED TO THE DURATION OF NINETY (90) DAYS. WITHOUT LIMITING THE GENERALITY OF

THE FOREGOING, ZEBRA DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL

BE UNINTERRUPTED OR ERROR FREE. TO THE EXTENT THAT THE SOFTWARE COVERED BY

THIS EULA INCLUDES EMULATION LIBRARIES, SUCH EMULATION LIBRARIES DO NOT WORK

100% CORRECTLY OR COVER 100% OF THE FUNCTIONALITY OF THE PRINTER LANGUAGE

BEING EMULATED, ARE OFFERED “AS IS” AND WITH ALL FAULTS, AND ALL THE DISCLAIMERS

AND LIMITATIONS CONTAINED IN THIS PARAGRAPH AND THIS AGREEMENT APPLY TO SUCH

EMULATION LIBRARIES.

13. Limitation of Liability, Damages and Indemnity. ZEBRA DOES NOT ASSUME RESPONSIBILITY

FOR ANY SPECIFIC APPLICATION OF THE SOFTWARE OR FOR COMPATIBILITY WITH OTHER

SOFTWARE OR EQUIPMENT. TO THE FULL EXTENT ALLOWED BY LAW, ZEBRA EXCLUDES FOR

ITSELF AND ITS LICENSORS AND SUPPLIERS ANY LIABILITY FOR ANY DAMAGES, INCLUDING

WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL,

EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS,

LOSS OF BUSINESS, DAMAGE TO GOODWILL, LOSS OF INFORMATION OR DATA, OR OTHER

FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION,

MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF ANY PRODUCTS, PARTS

OR SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR

OTHERWISE, EVEN IF ZEBRA OR ANY LICENSOR OR SUPPLIER HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT AUTHORIZED BY LAW, THIS

DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY

PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT

ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL, CONSEQUENTIAL OR

OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

WHEN LIABILITY FOR DAMAGES IS NOT ALLOWED TO BE LIMITED OR EXCLUDED IN ITS

ENTIRETY, ZEBRA LIMITS ITS LIABILITY TO REPAIR, REPLACEMENT, OR, AT ZEBRA'S OPTION,

REFUND OF THE PRICE OF THE SOFTWARE.

You agree to indemnify and hold Zebra and its affiliates, suppliers and licensors harmless from any and all

claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the

Software or breach of this Agreement (collectively referred to as “Claims”). Zebra reserves the right, in its sole

discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to

reasonably cooperate as requested by Zebra in the defense of any Claims.