Online License Agreement END USER LICENSE AGREEMENT FOR ZEBRA TECHNOLOGIES SOFTWARE AND/OR FIRMWARE -- IMPORTANT, READ CAREFULLY: Be sure to carefully read and understand all of the rights and restrictions described in this Zebra Technologies End-User License Agreement ("EULA"). You will be asked to review and either accept or not accept the terms of the EULA. This software and/or firmware will not install on your computer unless or until you accept the terms of this EULA.
Your click of the "yes" button is a symbol of your signature that you accept the terms of the EULA. For your reference, you may refer to the copy of this EULA that can be found in the Help for this software and/or firmware. You may also receive a copy of this EULA by contacting the Zebra Technologies subsidiary serving your country, or write: Zebra Technologies This EULA is a legal agreement between you (either an individual or a single entity) and Zebra Technologies ("ZEBRA") for the ZEBRA software and/or firmware accompanying this EULA, which includes the accompanying computer software and/or firmware, and may include associated media, printed materials and any "online" or electronic documentation ("SOFTWARE AND/OR FIRMWARE"). By installing the SOFTWARE AND/OR FIRMWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install or use the SOFTWARE AND/OR FIRMWARE. SOFTWARE AND/OR FIRMWARE PRODUCT LICENSE The SOFTWARE AND/OR FIRMWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE AND/OR FIRMWARE is licensed, not sold. 1. GRANT OF LICENSE. This EULA grants you the following rights:
2. RESTRICTIONS.
3. TERMINATION. Without prejudice to any other rights, ZEBRA may terminate this EULA if you fail to comply with the terms and conditions of this EULA. ZEBRA may terminate this EULA by offering you a superseding EULA for the SOFTWARE AND/OR FIRMWARE or any replacement or modified version of or upgrade to the SOFTWARE AND/OR FIRMWARE and conditioning your continued use of the SOFTWARE AND/OR FIRMWARE or such replacement, modified or upgraded version on your acceptance of such superseding EULA. In addition, ZEBRA may terminate this EULA by notifying you that your continued use of the SOFTWARE AND/OR FIRMWARE is prohibited. In the event that ZEBRA terminates this EULA, you must immediately stop using the SOFTWARE AND/OR FIRMWARE and destroy all copies of the SOFTWARE AND/OR FIRMWARE and all of its component parts. 4. COPYRIGHT. All title and copyrights in and to the SOFTWARE AND/OR FIRMWARE, the accompanying printed materials, and any copies of the SOFTWARE AND/OR FIRMWARE, are owned by ZEBRA or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE AND/OR FIRMWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE AND/OR FIRMWARE contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE AND/OR FIRMWARE. 5. U.S. GOVERNMENT RESTRICTED RIGHTS. All SOFTWARE AND/OR FIRMWARE provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All SOFTWARE AND/OR FIRMWARE provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. 6. 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. 7. 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/OR FIRMWARE IS WITH YOU. 8. 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 USE OF OR INABILITY TO USE THE SOFTWARE AND/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. 9. LIMITATION AND RELEASE OF LIABILITY. The SOFTWARE AND/OR FIRMWARE was provided to you at no additional charge and ZEBRA has included in this EULA terms that disclaim all warranties and liability for the SOFTWARE AND/OR 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 AND/OR FIRMWARE under the terms of this EULA, do not install the SOFTWARE AND/OR FIRMWARE. No refund will be made because the SOFTWARE AND/OR FIRMWARE was provided to you at no additional charge. 10. 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 United States of America, then local law may apply. 11. QUESTIONS. Should you have any questions, or if you desire to contact ZEBRA for any reason, please contact the ZEBRA subsidiary serving your country, or write: Zebra Technologies I agree to the above statement and wish to download the file eplutility.zip |