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End User License Agreement
214
13383L-004 Rev. A XiIIIPlus/R110Xi/R170Xi User Guide 9/6/07
13. Limitation of Liability and Damages. 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.
14. Zebra Suppliers and Licensors. Any release, disclaimer or limitation of Zebra's
liability or damages pursuant to this Agreement shall be construed, in addition to Zebra's
benefit, also to the benefit of Zebra's suppliers, licensors, employees, and contractors and,
without limiting any other defenses that such suppliers, licensors, employees and contractors
may have, you agree to release such parties from liability or damages in accordance with such
release, disclaimer, or limitation of liability or damages to the same extent that such provisions
apply to Zebra.
15. Governing Law. To the maximum extent permitted by law, the laws of the State of
Illinois, U.S.A., without reference to its conflict of laws provisions, will apply to this
Agreement. You irrevocably agree to submit to the exclusive jurisdiction and venue of the
state or federal courts in the State of Illinois in the event of any litigation involving this
Agreement or the Software. You agree that you shall not assert any claim that you are not
subject to the jurisdiction of such courts, that the venue is improper, that the forum is
inconvenient or any similar objection, claim or argument. Zebra may, in its sole discretion,
choose to resolve any controversy or dispute between you and Zebra concerning this
Agreement, or the existence, validity, breach or termination thereof, whether during or after
the term by binding arbitration in accordance with the Commercial Arbitration Rules of the
American Arbitration Association (“AAA”), as modified or supplemented under this Section
15, by providing notice to you. In the event that Zebra provides such notice, you hereby waive
any right to institute a court or other dispute resolution proceeding with respect to such
controversy or dispute and acknowledge arbitration in accordance with this Section 15 as the
sole and exclusive means of resolving such controversy or dispute. The arbitration proceeding
will take place in Chicago, Illinois and be conducted in the English language. The arbitration
panel will consist of 3 arbitrators, one arbitrator appointed by each party and a third neutral
arbitrator appointed by the two arbitrators designated by the parties. Any communication