Installation Guide
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6.
CONFIDENTIALITY
6.1
End-User Customer acknowledges that the Software contains valuable proprietary information and trade
secrets and that unauthorized dissemination, distribution, modification, reverse engineering,
disassembly or other improper use of the Software will result in irreparable harm to Symbol
Technologies for which monetary damages would be inadequate. Accordingly, End-User Customer will
limit access to the Software to those of its employees and agents who need to use the Software for
End-User Customer’s internal business
7.
MAINTENANCE AND SUPPORT
7.1
No maintenance or support is provided under this End-User License Agreement. Maintenance or support,
if available, will be provided under a separate Software maintenance and support agreement.
8.
LIMITED WARRANTY AND LIMITATION OF LIABILITY
8.1
Unless otherwise specified in the applicable warranty statement, the Documentation or in any other
media at the time of shipment of the Software by Symbol Technologies, and for the warranty period
specified therein, for the first 120 days after initial shipment of the Software to the End-User Customer,
Symbol Technologies warrants that the Software, when installed and/or used properly, will be free from
reproducible defects that materially vary from its published specifications. Symbol Technologies does
not warrant that End-User Customer’s use of the Software or the Products will be uninterrupted or
error-free or that the Software or the Products will meet End-User Customer’s particular requirements.
8.2
SYMBOL TECHNOLOGIES’ TOTAL LIABILITY, AND END-USER CUSTOMER’S SOLE REMEDY, FOR ANY
BREACH OF THIS WARRANTY WILL BE LIMITED TO, AT SYMBOL TECHNOLOGIES’ OPTION, REPAIR OR
REPLACEMENT OF THE SOFTWARE OR PAYMENT OF END-USER CUSTOMER’S ACTUAL DAMAGES UP
TO THE AMOUNT PAID TO SYMBOL TECHNOLOGIES FOR THE SOFTWARE OR THE INDIVIDUAL
PRODUCT IN WHICH THE SOFTWARE IS EMBEDDED OR FOR WHICH IT WAS PROVIDED. THIS
WARRANTY EXTENDS ONLY TO THE FIRST END-USER CUSTOMER; SUBSEQUENT TRANSFEREES MUST
ACCEPT THE SOFTWARE “
AS IS
” AND WITH NO WARRANTIES OF ANY KIND. SYMBOL
TECHNOLOGIES DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR
PURPOSE.
8.3
IN NO EVENT WILL SYMBOL TECHNOLOGIES BE LIABLE FOR SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, TIME OR DATA,
INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS, OR SAVINGS, TO THE FULL EXTENT SUCH MAY
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