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Printer Software and Firmware License Agreement
7. EXPORT RESTRICTIONS. You agree that you will not export or re-export the
SOFTWARE and/or FIRMWARE, any part thereof, or any process or service that
is the direct product of the SOFTWARE and/or FIRMWARE (the foregoing
collectively referred to as the RESTRICTED COMPONENTS), to any country,
person or entity subject to U.S. export restrictions. You specifically agree not to
export or re-export any of the RESTRICTED COMPONENTS (i) to any country
to which the U.S. has embargoed or restricted the export of goods or services,
which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya,
North Korea, Sudan and Syria, or to any national of any such country, wherever
located, who intends to transmit or transport the RESTRICTED COMPONENTS
back to such country; (ii) to any person or entity who you know or have reason to
know will utilize the RESTRICTED COMPONENTS in the design, development
or production of nuclear, chemical or biological weapons; or (iii) to any person or
entity who has been prohibited from participating in U.S. export transactions by
any federal agency of the U.S. government. You warrant and represent that neither
the U.S. Commerce Department, Bureau of Export Administration nor any other
U.S. federal agency has suspended, revoked or denied your export privileges.
8. DISCLAIMER OF WARRANTIES. ZEBRA AND ITS SUPPLIERS PROVIDE
THE SOFTWARE AND/OR FIRMWARE “AS IS” AND WITH ALL FAULTS,
AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS,
EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT
LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF
LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF
WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR
CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF
NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR
PERFORMANCE OF THE SOFTWARE AND FIRMWARE IS WITH YOU.
ZEBRA DOES NOT WARRANT THAT THE OPERATION OF THE
SOFTWARE OR FIRMWARE WILL BE UNINTERRUPTED OR ERROR
FREE.
9. EXCLUSION OF ALL DAMAGES. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZEBRA OR ITS
SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL,
DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY
DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR
NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS
WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE