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Printer Software and Firmware License Agreement
USE OF OR INABILITY TO USE THE SOFTWARE OR FIRMWARE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF ZEBRA OR ANY SUPPLIER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY
REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10.LIMITATIONS AND RELEASE OF LIABILITY.
To the extent that the SOFTWARE and/or FIRMWARE covered by this PSFLA
includes emulation libraries, emulation libraries are offered “as is”. ZEBRA does
not provide any warranty associated with the emulation libraries.
The emulation library does not work 100% correctly or cover 100% of the
functionality of the printer language being emulated. Modifications may be
required for each target application. If such modification is necessary, prior to
making any such modification, you are required to contact ZEBRA to obtain
express written consent to make such modification.
If the emulation library is sold separately by an authorized party other than
ZEBRA (RESELLER—A party other than ZEBRA which is authorized by
ZEBRA to distribute the SOFTWARE and/or FIRMWARE with its application so
long as the SOFTWARE and/or FIRMWARE is used with a ZEBRA printer) or is
sold bundled with a printer to an end-user by a RESELLER, and if claims are made
by the RESELLER that the emulation library performs as a 100% emulation
solution, ZEBRA is not responsible if the emulation library does not work as
advertised by the RESELLER. Furthermore, ZEBRA is not liable for any damages
directly or indirectly relating to such emulation library which is sold separately by
the RESELLER or which is sold bundled with a printer to an end-user by the
RESELLER.
The SOFTWARE and FIRMWARE was provided to you at no additional charge
and ZEBRA has included in this PSFLA terms that disclaim all warranties and
liability for the SOFTWARE and FIRMWARE. To the full extent allowed by law,
YOU HEREBY RELEASE ZEBRA AND ITS SUPPLIERS FROM ANY AND
ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS
CONCERNING THE SOFTWARE AND/OR FIRMWARE OR ITS USE. If you
do not wish to accept the SOFTWARE OR FIRMWARE under the terms of this
PSFLA, do not use the PRINTER enclosed with or otherwise associated with this
PSFLA.
11. GOVERNING LAW. If you acquired the SOFTWARE and/or FIRMWARE in the
United States of America, the laws of the State of Illinois, U.S.A. will apply to this
contract. If you acquired this SOFTWARE and/or FIRMWARE outside of the