Zebra Technologies S4M Printer User Manual


 
End User License Agreement
136
13290L-004 Rev. A S4M User Guide 6/15/09
IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR
ENTIRETY, THEY WILL BE LIMITED TO THE DURATION OF NINETY (90) DAYS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 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 of the printer language 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.
14. 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. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS
AGREEMENT, ZEBRA SHALL NOT, UNDER ANY CIRCUMSTANCE OR UNDER ANY
LEGAL OR EQUITABLE THEORY (INCLUDING, WITHOUT LIMITATION, UNDER
CONTRACT, TORT, CONTRIBUTION, OR INDEMNITY), BE LIABLE TO CUSTOMER
OR TO ANY OTHER PARTY FOR ANY LOSSES, DAMAGES (WHETHER DIRECT,
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL), COSTS,
EXPENSES, FINES OR FEES RELATING TO THE THEFT, LOSS, MISUSE,
ALTERATION, OR DISPOSAL OF, OR UNAUTHORIZED ACCESS TO, ANY
NETWORK, SYSTEM, OR DATA (INCLUDING PERSONAL INFORMATION) OF,
RELATING TO, POSSESSED BY, OR MAINTAINED BY CUSTOMER.
15. 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.