Symbol Technologies, Inc. End-User
License Agreement
33
7 EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY GENERAL, SPECIAL, INCIDENTAL,
DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER
INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF
PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF
REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER
LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR
INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE
SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY
PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF
WARRANTY OF LICENSOR OR ANY SUPPLIER, AND EVEN IF LICENSOR OR ANY
SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8 LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that Licensee
might incur for any reason whatsoever (including, without limitation, all damages referenced
above and all direct or general damages), the entire liability of Licensor and any of its suppliers
under any provision of this Agreement and Licensee's exclusive remedy for all of the foregoing
shall be limited to the greater of the amount actually paid by Licensee for the Software or
U.S.$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum
extent permitted by applicable law, even if any remedy fails its essential purpose.
9 INDEMNITY. Licensee agrees that Licensor shall have no liability whatsoever for any use
Licensee makes of the Software. Licensee shall indemnify and hold harmless Licensor from any
claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from
Licensee's use of the Software as well as from Licensee's failure to comply with any term of this
Agreement.
10 FAULT TOLERANCE. The Software is not fault-tolerant and is not designed, manufactured or
intended for use or resale in on-line control equipment in hazardous environments requiring failsafe performance, such as, but not limited to, the operation of nuclear facilities, aircraft
navigation or communication systems, air traffic control, life support machines, or weapons
systems, in which the failure of the Software could lead directly or indirectly to death, personal
injury, or physical or environmental damage ("High Risk Activities"). Licensor and its suppliers
specifically disclaim any express or implied warranty of fitness for High Risk Activities.
11 U.S. GOVERNMENT LICENSE RIGHTS. Software provided to the U.S. Government pursuant
to solicitations issued on or after December 1, 1995 is provided with the commercial license
rights and restrictions described elsewhere herein. Software 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 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT
1988), as applicable. The "Manufacturer" for purposes of these regulations is Symbol
Technologies, Inc., One Symbol Plaza, Holtsville, NY 11742.
12 EXPORT RESTRICTIONS. Licensee shall comply with all export laws and restrictions and
regulations of the Department of Commerce, the United States Department of Treasury Office of