xviii Z4Mplus and Z6Mplus User Guide
Printer Software and Firmware License Agreement
9. 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 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.
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