Zebra CONCIERGE CC5000-10 Setup And Installation Manual - page 18
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CONCIERGE CC5000-10
You shall not distribute, sub license, rent, loan, lease, export, re-export, resell, ship or divert or
cause to be exported, re-exported, resold, shipped or diverted, directly or indirectly, the Products
under this Agreement. You shall not, and shall not permit others to: (i) modify, translate,
decompile, bootleg, reverse engineer, disassemble, or extract the inner workings of the Products,
(ii) copy the look-and-feel or functionality
of the Products; (iii) remove any proprietary notices, marks, labels, or logos from the Products;
(iv) rent or transfer all or some of the Products to any other party without Seller's prior written
consent; or (v) utilize any computer software or hardware which is designed to defeat any copy
protection device, should the Products be equipped with such a protection device.
Title to all copies of Products will not pass to Licensee at any time and remains vested exclusively
in Seller. All intellectual property developed, originated, or prepared by Seller in connection with
the Products remain vested exclusively in Seller, and this Agreement does not grant to Licensee
any intellectual property rights.
Portions of the Products are protected by United States patent and copyright laws, international
treaty provisions, and other applicable laws. Therefore, you must treat the Products like any other
copyrighted material (e.g., a book or musical recording) except that you may make one copy of
the Product solely for back-up purposes. Unauthorized duplication of the Products constitutes
copyright infringement, and in the United States is punishable in federal court by fine and
imprisonment.
Disclaimer. SELLER MAKES, AND YOU RECEIVE, NO WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU.
SELLER SPECIFICALLY DISCLAIMS ANY WARRANTY INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILTY, NON INFRINGEMENT, OR FITNESS FOR A
PARTICULAR PURPOSE. THE PRODUCTS ARE PROVIDED "AS IS." SELLER DOES NOT
WARRANT THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE
OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT
DEFECTS IN THE PRODUCTS WILL BE CORRECTED. SELLER MAKES NO WARRANTY
WITH RESPECT TO THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE
PRODUCTS. Some jurisdictions do not allow the exclusion of implied warranties, so the above
exclusion may not apply to you.
Limitation of Liability. THE TOTAL LIABILITY OF SELLER UNDER THIS AGREEMENT FOR
DAMAGES SHALL NOT EXCEED THE FAIR MARKET VALUE OF THE PRODUCTS
LICENSED UNDER THIS AGREEMENT. IN NO EVENT WILL SELLER BE LIABLE IN ANY WAY
FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF
ANY NATURE, INCLUDING WITHOUT LIMITATION, LOST BUSINESS PROFITS, OR
LIABILITY OR INJURY TO THIRD PERSONS, WHETHER FORESEEABLE OR NOT,
REGARDLESS OF WHETHER SELLER HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH
DAMAGES. Some jurisdictions do not permit limitations of liability for incidental or consequential
damages, so the above exclusions may not apply to you. This Limitation of Liability provision
survives the termination of this Agreement and applies notwithstanding any contrary provision in
this Agreement. Licensee must bring any action under this Agreement within one (1) year after
the cause of action arises.
Maintenance. Unless provided for in a separate agreement, Seller shall not be responsible for
maintenance or field service of the Products.
High Risk Activities. The Products are not fault-tolerant and are not designed, manufactured or
intended for use or resale as on-line control software in hazardous environments requiring
fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or
communication systems, air traffic control, direct life support machines, or weapons systems, in
which the failure of the Products could lead directly to death, personal injury, or severe physical
or environmental damage ("High Risk Activities"). Seller and its suppliers specifically disclaim any
express or implied warranty of fitness for High Risk Activities, and if you elect to use the Products
in any High Risk Activities, you agree to indemnify, defend, and hold Seller harmless from and
against any and all costs, damages, and losses related to that use.
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