Quick Start

Quick Reference Guide 23
continued use of the Software or such new release on your acceptance of such superseding Agreement. Upon termination of
this EULA, you must cease all use of the Software and destroy all copies, full or partial, of the Software.
10. DISCLAIMER OF WARRANTY. UNLESS SEPARATELY STATED IN A WRITTEN EXPRESS LIMITED WARRANTY, ALL
SOFTWARE PROVIDED BY ZEBRA IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES
OF ANY KIND FROM ZEBRA, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO
APPLICABLE LAW, ZEBRA DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANLIKE EFFORT,
FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, NON
INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. 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 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. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR
LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU 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.