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Copyrights
The products described in this document may include copyrighted computer programs. Laws in the United States and
other countries preserve for certain exclusive rights for copyrighted computer programs. Accordingly, any
copyrighted computer programs contained in the products described in this document may not be copied or
reproduced in any manner without the express written permission.
©
2015 Symbol Technologies, Inc. All Rights Reserved
No part of this document may be reproduced, transmitted, stored in a retrieval system, or translated into any language
or computer language, in any form or by any means, without the prior written permission.
Furthermore, the purchase of our products shall not be deemed to grant either directly or by implication, estoppel or
otherwise, any license under the copyrights, patents or patent applications, except for the normal non-exclusive,
royalty-free license to use that arises by operation of law in the sale of a product.
Disclaimer
Please note that certain features, facilities, and capabilities described in this document may not be applicable to or
licensed for use on a particular system, or may be dependent upon the characteristics of a particular mobile subscriber
unit or configuration of certain parameters. Please refer to your contact for further information.
3 | Copyrights
Trademarks
Zebra and the Zebra head graphic are registered trademarks of ZIH Corp. The Symbol logo is a registered trademark
of Symbol Technologies, Inc., a Zebra Technologies company.
MN000538A01-D | April 2015
5 | Symbol Technologies, Inc. End User License Agreement
Symbol Technologies, Inc. End User License Agreement
BY INSTALLING AND/OR USING THIS PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND ITS TERMS. IF YOU DO NOT AGREE TO
THE TERMS OF THIS AGREEMENT, SYMBOL TECHNOLOGIES IS NOT WILLING TO LICENSE THE
PRODUCT TO YOU, AND YOU MUST NOT USE OR INSTALL THIS PRODUCT.
Grant of License. Symbol Technologies grants you (“Licensee” or “you”) a personal, nonexclusive, nontransferable,
nonassignable, no cost license to use the software and documentation (“Product(s)”) subject to the terms and
conditions of this Agreement. You shall use the Products only for your internal business purposes, exclusively to
support Symbol Technologies devices. Any use of the Products outside of the conditions set forth herein is strictly
prohibited and will be deemed a breach of this Agreement resulting in immediate termination of your License. In the
event of a breach of this Agreement, Symbol Technologies will be entitled to all available remedies at law or in equity
(including immediate injunctive relief and repossession of all Products unless Licensee is a Federal agency of the
United States Government).
You shall not distribute, sublicense, 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 Symbol Technologies' 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 Symbol
Technologies. All intellectual property developed, originated, or prepared by Symbol Technologies in connection
with the Products remain vested exclusively in Symbol Technologies, 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. SYMBOL MAKES, AND YOU RECEIVE, NO WARRANTIES OF ANY KIND, WHETHER
EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU. SYMBOL
TECHNOLOGIES SPECIFICALLY DISCLAIMS ANY WARRANTY INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR
PURPOSE. THE PRODUCTS ARE PROVIDED “AS IS.” SYMBOL 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.
SYMBOL 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 SYMBOL UNDER THIS AGREEMENT FOR DAMAGES
SHALL NOT EXCEED THE FAIR MARKET VALUE OF THE PRODUCTS LICENSED UNDER THIS
AGREEMENT. IN NO EVENT WILL SYMBOL 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 SYMBOL HAS BEEN ADVISED OF
THE POSSIBILITY 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.
MN000538A01-D | April 2015
6 | Symbol Technologies, Inc. End User License Agreement
Maintenance. Unless provided for in a separate agreement, Symbol Technologies 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 failsafe 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”). Symbol Technologies 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 Symbol Technologies harmless from and against any and all
costs, damages, and losses related to that use.
U.S. Government. If you are acquiring the Products on behalf of any unit or agency of the U.S. Government, the
following shall apply. Use, duplication, or disclosure of the Products is subject to the restrictions set forth in
subparagraphs (c) (1) and (2) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19
(JUNE 1987), if applicable, unless being provided to the Department of Defense. If being provided to the Department
of Defense, use, duplication, or disclosure of the Products is subject to the restricted rights set forth in subparagraph
(c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT 1988), if
applicable. Products may or may not include a Restricted Rights notice, or other notice referring specifically to the
terms and conditions of this Agreement. The terms and conditions of this Agreement shall each continue to apply, but
only to the extent that such terms and conditions are not inconsistent with the rights provided to you under the
aforementioned provisions of the FAR and DFARS, as applicable to the particular procuring agency and procurement
transaction.
Governing Law. This Agreement shall be governed by the laws of the United States of America to the extent that they
apply and otherwise by the laws of the State of New York without regard to its conflict of laws provisions.
Compliance with Laws. Licensee will comply with all applicable laws and regulations, including export laws and
regulations of the United States. Licensee will not, without the prior authorization of Symbol Technologies and the
appropriate governmental authority of the United States, in any form export or re-export, sell or resell, ship or reship,
or divert, through direct or indirect means, any item or technical data or direct or indirect products sold or otherwise
furnished to any person within any territory for which the United States Government or any of its agencies at the time
of the action, requires an export license or other governmental approval. Violation of this provision will be a material
breach of this Agreement, permitting immediate termination by Symbol Technologies.
Third Party Software. The Products may contain one or more items of Third-Party Software. The terms of this
Agreement govern your use of any Third-Party Software UNLESS A SEPARATE THIRD-PARTY SOFTWARE
LICENSE IS INCLUDED, IN WHICH CASE YOUR USE OF THE THIRD-PARTY SOFTWARE WILL THEN BE
GOVERNED BY THE SEPARATE THIRD-PARTY LICENSE.
Open Source Software. The Products may contain one or more items of Open Source Software. Open Source
Software is software covered by a publicly available license governed solely under Copyright law, whereas the
complete terms and obligations of such license attach to a licensee solely through the act of copying, using and/or
distribution of the licensed software, such obligations often include one or more of attribution obligations, distribution
obligations, copyleft obligations, and intellectual property encumbrances. The use of any Open Source Software is
subject to the terms and conditions of this Agreement as well as the terms and conditions of the corresponding license
of each Open Source Software package. If there is a conflict between the terms and conditions of this Agreement and
the terms and conditions of the Open Source Software license, the applicable Open Source Software license will take
precedence. Copies of the licenses for the included Open Source Software, if any, as well as their attributions,
acknowledgements, and software information details, are provided in the electronic copy of this Agreement, which is
available in the Legal Notices or README file associated with the Product. Symbol Technologies is required to
reproduce the software licenses, acknowledgments and copyright notices as provided by the authors and owners, thus,
all such information is provided in its native language form, without modification or translation.
Depending on the license terms of the specific Open Source Software, source code may not be provided. Please
reference and review the entire Open Source Software information to identify which Open Source Software packages
have source code provided or available. For instructions on how to obtain a copy of any source code made publicly
available by Symbol Technologies related to Open Source Software distributed by Symbol Technologies, you may
send your request (including the Symbol Technologies Product name and version, along with the Open Source
April 2015 | MN000538A01-D
Symbol Technologies, Inc. End User License Agreement | 7
Software specifics) in writing to: Symbol Technologies, Inc., Open Source Software Management, One Motorola
Plaza, Holtsville, NY 11742-1300 USA.
MN000538A01-D | April 2015
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