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of the SOFTWARE.
•
Termination.
Without prejudice to any other rights, Manufacturer or MS may terminate this EULA
if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy
all copies of the SOFTWARE and all of its component parts.
UPGRADES AND RECOVERY MEDIA.
•
DEVICE Software.
If the DEVICE Software is provided by Manufacturer separate from the
DEVICE on media such as a ROM chip, CD ROM disk(s) or via web download or other means,
and is labeled “For Upgrade Purposes Only” or “For Recovery Purposes Only”, you may install
one copy of such DEVICE Software onto the DEVICE as a replacement copy for the existing
DEVICE Software and use it in accordance with Section 1 of this EULA.
•
Desktop Software.
If any Desktop Software component(s) is provided by Manufacturer separate
from the DEVICE on CD ROM disk(s) or via web download or other means, and labeled “For
Upgrade Purposes Only” or “For Recovery Purposes Only”, you may (i) install and use one copy
of such component(s) on the computer(s) you use to exchange data with the DEVICE as a
replacement copy for the existing Desktop Software component(s).
COPYRIGHT.
All title and intellectual property rights in and to the SOFTWARE (including but not limited
to any images, photographs, animations, video, audio, music, text and “applets,” incorporated into the
SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by
MS or its suppliers (including Microsoft Corporation). You may not copy the printed materials
accompanying the SOFTWARE. All title and intellectual property rights in and to the content which may
be accessed through use of the SOFTWARE 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. All rights not specifically granted under this EULA are reserved by MS
and its suppliers (including Microsoft Corporation).
EXPORT RESTRICTIONS.
You agree that you will not export or re-export the SOFTWARE to any
country, person, or entity subject to U.S. export restrictions. You specifically agree not to export or re-
export the SOFTWARE: (i) to any country to which the U.S. has embargoed or restricted the export of
goods or services, which as of May 1999 include, but are not necessarily limited to Cuba, Iran, Iraq,
Libya, North Korea, Sudan, Syria, and the Federal Republic of Yugoslavia (including Serbia, but not
Montenegro), or to any national of any such country, wherever located, who intends to transmit or
transport the products back to such country; (ii) to any person or entity who you know of have reason to
know will utilize the SOFTWARE or portion thereof 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.
NOTE ON JAVA SUPPORT.
The SOFTWARE may contain support for programs written in Java. Java
technology is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-
line control equipment 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 Java technology could lead directly to
death, personal injury, or severe physical or environmental damage.
PRODUCT SUPPORT.
Product support for the SOFTWARE is not provided by MS, its parent
corporation, Microsoft Corporation, or their affiliates or subsidiaries. For product support, please refer to
the SYMBOL support number provided in the documentation for the DEVICE. Should you have any
questions concerning this EULA, or if you desire to contact SYMBOL for any other reason, please refer
to the address provided in the documentation for the DEVICE.
NO LIABILITY FOR CERTAIN DAMAGES.
EXCEPT AS PROHIBITY BY LAW, MS SHALL HAVE NO
LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING
FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE. THIS
LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
FOR APPLICABLE LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING TO YOUR
PARTICULAR JURISDICTION, PLEASE REFER TO YOUR WARRANTY BOOKLET INCLUDED
WITH THIS PACKAGE OR PROVIDED WITH THE SOFTWARE PRINTED MATERIALS.
