Code License managed by NotAnAlternative, submitted on 2015/02/09.
Please read the terms of this "SDK End User License Agreement" (the "Agreement") carefully. The Agreement is a legal agreement between you (either an individual or a single entity) and Zebra Technologies International, LLC ("Zebra") for the Zebra computer software accompanying this End User License Agreement ("Software"), and any associated media, printed materials and any "online" or electronic documentation ("Documentation") (the Software and Documentation collectively, the "ZebraLink Multiplatform SDK"). By installing or using the ZebraLink Multiplatform SDK, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not install or use the ZebraLink Multiplatform SDK.
1. Grant of License. The ZebraLink Multiplatform SDK is protected by copyright and other intellectual property laws and international treaties. The ZebraLink Multiplatform SDK is licensed to you, and not sold, subject to the terms of this Agreement. Subject to the terms of this Agreement, Zebra hereby grants you a limited, personal, non-exclusive license during the term of this Agreement to use the Software (in object code format only) and Documentation solely and exclusively for your internal use to create software applications for a digital electronic device solely for operation with Zebra printer(s) ("Your Applications") and for no other purpose. To the extent that the ZebraLink Multiplatform SDK includes sample code, Zebra grants you a limited, personal, non-exclusive, non-transferable license to use, modify and create derivative works ("Derivative Works") of such sample code for the sole purpose of developing Your Applications and to incorporate object code format versions of such Derivative Works in Your Applications, and for no other purpose. You may distribute Software (in object code format only) to third parties solely in connection with distribution of Your Applications, and further provided that any such distribution is subject to an end user license agreement containing restrictions no less protective of Zebra's (or its licensors') rights in the Software than those contained herein. To the extent that any portion of the ZebraLink Multiplatform SDK is provided to you in a manner that is designed to be installed by you, you may install a limited number of copies of the installable ZebraLink Multiplatform SDK on your computers, workstations, terminals, or other digital electronic devices, as applicable (an "Electronic Device"). You agree not to duplicate or copy the ZebraLink Multiplatform SDK, except that you may make a reasonable number of back-up copies for archive purposes. The primary user of the Electronic Device on which installable ZebraLink Multiplatform SDK is installed may also make a copy for his or her exclusive use on a portable computer, so long as such ZebraLink Multiplatform SDK is being used only on one Electronic Device at a time.
2. Device-Specific Software; Third party software. You acknowledge that Your Application may require libraries or other software from digital electronic device vendors or digital electronic device operating system vendors (each a "Vendor"), including Research in Motion Ltd. or Microsoft Corp., to operate, and that you are responsible for obtaining any such software from such Vendor ("Vendor Software") and complying with any conditions, license terms or other requirements from such Vendor on use and/or distribution of such Vendor Software ("Vendor License Terms"). You represent and warrant to Zebra that (i) you have read such Vendor License Terms, (ii) that your use of the Vendor Software will be in compliance with any such Vendor License Terms, (iii) that you agree to only use such Vendor Software with digital electronic devices and/or operating systems provided or authorized by such Vendor, and (iv) hereby agree to indemnify, defend and hold harmless Zebra from any claims against Zebra related to your breach of these restrictions or such Vendor License Terms. You also acknowledge that Vendor may make changes to the Vendor Software that may be incompatible with the Software, and that the Software may not work 100% correctly with the Vendor Software, and that you are responsible for testing Your Applications. You acknowledge that the ZebraLink Multiplatform SDK may include third-party software components that may be subject to additional licensing terms located in the installation directory of the ZebraLink Multiplatform SDK.
3. Storage/Network Use. In the alternative, you may install a copy of the ZebraLink Multiplatform SDK on a storage device, such as a network server, used only to access and use the ZebraLink Multiplatform SDK on your Electronic Devices over an internal network; however, you must acquire and dedicate a license for each separate Electronic Device on which the ZebraLink Multiplatform SDK is accessed and used from the storage device. A license for the ZebraLink Multiplatform SDK may not be shared or used concurrently on different Electronic Devices.
4. Documentation. If the ZebraLink Multiplatform SDK contains documentation which is provided only in electronic form, you may print a reasonable number of copies of such electronic documentation. You may not copy the printed materials accompanying the ZebraLink Multiplatform SDK.
5. Limitations of Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the ZebraLink Multiplatform SDK, except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.
6. Transfer/Sublicense. You may not transfer, sublicense, distribute, rent, lease, supply, market or lend the ZebraLink Multiplatform SDK to any other party.
7. Confidentiality. You acknowledge that the ZebraLink Multiplatform SDK embodies confidential information owned by Zebra and/or its suppliers and licensors. To the extent you have access to any such information, you agree to use such information only for the authorized use of the ZebraLink Multiplatform SDK. You further agree not to disclose such confidential information to any other party and to use at least the same degree of care to maintain the confidential nature of such information as you use to maintain the confidentiality of your own confidential information.
8. Intellectual Property. All title, copyrights and other intellectual property rights in and to the ZebraLink Multiplatform SDK (including but not limited to copyrights, patents, trade secrets and trademarks) are owned by Zebra or its suppliers and licensors. You must maintain all copyright notices on all copies of the ZebraLink Multiplatform SDK. All rights not expressly granted are reserved by Zebra. Without prejudice to any rights or remedies Zebra may have for your violation of this Agreement, Zebra shall own all changes or modifications to the ZebraLink Multiplatform SDK.
9. Feedback. You may provide Zebra with feedback on the Software or other Zebra products, including, without limitation, feedback on bugs and faults within or relating to the Software or suggestions for improvements or other changes to the Software or Zebra products. You agree that any such feedback will be true and correct to the best of your knowledge. You hereby agree that Zebra shall own all feedback, ideas, concepts and changes to any portion of the Software and/or Zebra products developed or identified in the course of or as a result of Your use of the Software and all associated intellectual property rights ("Results"), and You hereby assign to Zebra or its designee all of Your right, title and interest thereto. You will not knowingly provide Zebra Results that are subject to third party intellectual property rights. You agree to cooperate fully and to ensure that Your employees, officers, independent contractors and Your Authorized Users cooperate fully with Zebra with respect to signing further documents and doing such other acts as are reasonably requested by Zebra to confirm that Zebra owns the Results, and to enable Zebra to register and/or protect any associated intellectual property rights and/or confidential information.
10. Termination. Without prejudice to any other rights or remedies Zebra may have, Zebra may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. Zebra may terminate this Agreement by offering you a superseding Agreement for the ZebraLink Multiplatform SDK or any replacement or modified version of or upgrade to the ZebraLink Multiplatform SDK and conditioning your continued use of the ZebraLink Multiplatform SDK or such replacement, modified or upgraded version on your acceptance of such superseding Agreement. In addition, either party may terminate this Agreement at any time. Subject to the foregoing, termination shall be effective upon notice to the other party. In the event that this Agreement terminates for any reason, your license to use the ZebraLink Multiplatform SDK will terminate, and you must immediately stop using the ZebraLink Multiplatform SDK, destroy all copies of the ZebraLink Multiplatform SDK and all of its component parts, and, upon request, provide an affidavit certifying your compliance with the foregoing. The provisions of Sections 5, 6, 7, 8, 9,14, 15, 16, 17, 18, 19, 20, 21, and 22 shall survive termination of this Agreement.
11. U.S. Government Restricted Rights. All ZebraLink Multiplatform SDK 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 ZebraLink Multiplatform SDK 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 52.227-19 (JUNE 1987) or DFARs, 48 CFR 252.227-7013 (OCT 1988), as applicable.
12. Export Restrictions You agree that you will not export or re-export the ZebraLink Multiplatform SDK, any part thereof, or any process or service that is the direct product of the ZebraLink Multiplatform SDK (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, 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. Contractor/Manufacturer is Zebra Technologies Corporation, 333 Corporate Woods Parkway, Vernon Hills, Illinois 60061.
14. Your Security Responsibilities. Notwithstanding anything to the contrary in this Agreement, as between Zebra and you, you acknowledge and agree that you are solely responsible for maintaining and protecting all aspects of any network, systems, and data (including any Personal Information) of, relating to, possessed by, or maintained by you, including maintaining and protecting such things from or against any theft, loss, misuse, alteration, disposal, or unauthorized access. "Personal Information" means individually identifiable information from or about an individual consumer including, but not limited to: (a) a first and last name or first initial and last name; (b) a home or other physical address, which includes at least a street name and name of city or town; (c) an email address; (d) a telephone number; (e) a Social Security number; (f) credit and/or debit card information, including number, expiration date, security code, and/or track data; (g) date of birth; (h) driver's license number; or (i) any other information from or about an individual consumer that is combined with (a) though (i) above.
15. Support and Upgrades. You agree that Zebra is not obligated to provide you with any support, maintenance, upgrades, updates, or future versions of the SDK under this License.
16. Disclaimer. ZEBRA SUPPLIES THE ZEBRALINK MULTIPLATFORM SDK AS IS AND WITH ALL FAULTS AND DOES NOT MAKE ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES CONCERNING THE ZEBRALINK MULTIPLATFORM SDK OR ANY APPLICATION, OPERATION OR USE THEREOF, THE OUTPUT OR THE DATA GENERATED BY THE OPERATION OR USE THEREOF, OR ANY SUPPORT SERVICES RENDERED WITH RESPECT THERETO. ZEBRA HEREBY EXCLUDES ALL IMPLIED WARRANTIES TO THE MAXIMUM EXTENT AUTHORIZED BY LAW, INCLUDING, SPECIFICALLY, ANY IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, OR OF MERCHANTABLE QUALITY, OR OF FITNESS FOR ANY PURPOSE, PARTICULAR, SPECIFIC OR OTHERWISE, OR OF TITLE, OR OF NONINFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. WHEN THE 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 ZEBRALINK MULTIPLATFORM SDK WILL BE UNINTERRUPTED OR ERROR FREE. TO THE EXTENT THAT THE ZEBRALINK MULTIPLATFORM SDK 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.
17. Limitation of Liability and Damages. ZEBRA DOES NOT ASSUME RESPONSIBILITY FOR ANY SPECIFIC APPLICATION OF THE ZEBRALINK MULTIPLATFORM SDK 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 ZEBRALINK MULTIPLATFORM SDK.
18. 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 any Vendor, any merchant of record from whom the ZebraLink Multiplatform SDK is acquired, 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.
19. 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 ZebraLink Multiplatform SDK. 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 between a party and any arbitrator will be directed to the AAA for transmittal to the arbitrator. The parties expressly agree that the arbitrators will be empowered to, at either party�s request, grant injunctive relief. The arbitral award will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or pleaded to the arbitrators. Judgment upon the arbitral award may be entered in any court that has jurisdiction thereof. Any additional costs, fees or expenses incurred in enforcing the arbitral award will be charged against the party that resists its enforcement. Nothing in this Section will prevent Zebra from seeking interim injunctive relief against you or filing an action against you to collect unpaid and past due amounts in any court of competent jurisdiction.
20. Injunctive Relief. You acknowledge that, in the event you breach any provision of this Agreement, Zebra will not have an adequate remedy in money or damages. Zebra shall therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request without posting bond. Zebra's right to obtain injunctive relief shall not limit its right to seek further remedies.
21. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties and supersedes any and all prior or contemporaneous representations, understandings and agreements between the parties with respect to the subject matter of this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
22. Assignment. You may not assign this Agreement or any of your rights or obligations hereunder (by operation of law or otherwise) without the prior written consent of Zebra. Zebra may assign this Agreement and its rights and obligations without your consent. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties to it and their respective legal representatives, successors and permitted assigns.
23. Modification. No modification of this Agreement shall be binding unless it is in writing and is signed by an authorized representative of the party against whom enforcement of the modification is sought.
24. Waiver. The failure by a party to exercise any right hereunder shall not operate as a waiver of such party's right to exercise such right or any other right in the future.
25. 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 International, LLC
333 Corporate Woods Parkway
Vernon Hills, Illinois 60061
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