User's Manual

Installation Guide 57
High Risk Activities
The Products are not fault-tolerant and are not designed, manufactured or intended for use or resale as
on-line control software in hazardous environments requiring fail-safe performance, such as in the
operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct
life support machines, or weapons systems, in which the failure of the Products could lead directly to
death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Zebra and
its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities, and
if you elect to use the Products in any High Risk Activities, you agree to indemnify, defend, and hold
Zebra harmless from and against any and all costs, damages, and losses related to that use.
U.S. Government
If you are acquiring the Products on behalf of any unit or agency of the U.S. Government, the following
shall apply. Use, duplication, or disclosure of the Products is subject to the restrictions set forth in
subparagraphs (c) (1) and (2) of the Commercial Computer Software - Restricted Rights clause at FAR
52.227-19 (JUNE 1987), if applicable, unless being provided to the Department of Defense. If being
provided to the Department of Defense, use, duplication, or disclosure of the Products is subject to the
restricted rights set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 (OCT 1988), if applicable. Products may or may not include a
Restricted Rights notice, or other notice referring specifically to the terms and conditions of this
Agreement. The terms and conditions of this Agreement shall each continue to apply, but only to the
extent that such terms and conditions are not inconsistent with the rights provided to you under the
aforementioned provisions of the FAR and DFARS, as applicable to the particular procuring agency and
procurement transaction.
Assignment
Except as otherwise provided in this section, neither party may assign this Agreement, or any of its
rights or obligations under this Agreement, without the prior written approval of the other party, which
will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the
necessary approval will be void. Notwithstanding the foregoing, for any Zebra acquisition, merger,
consolidation, reorganization, or similar transaction, or any spin-off, divestiture, or other separation of
a Zebra business, Zebra may, without the prior written consent of the other party: (i) assign its rights and
obligations under this Agreement, in whole or in part, or (ii) split and assign its rights and obligations
under this Agreement so as to retain the benefits of this Agreement for both Zebra and the assignee
entity(ies) (and their respective Affiliates) following the split.
Governing Law
This Agreement shall be governed by the laws of the United States of America to the extent that they
apply and otherwise by the laws of the State of New York without regard to its conflict of laws
provisions or by the internal substantive laws of the country to which the Products is shipped if end-user
customer is a sovereign governmental entity. The terms of the U.N. Convention on Contracts for the