SALES WHERE THE END USER IS A US FEDERAL GOVERNMENT ENTITY

“THREE-STEPPING” OPPORTUNITIES REQUIREMENTS

1. For purposes hereof, a “Federal Governmental Entity” is any department, agency, or instrumentality of the U.S. Federal Government. Sales you make for further resale (directly or indirectly) to a US Federal Government Entity (“US Fed Gov Sales”) are subject to the terms of Sections 1-4 below.

2. When buying for US Fed Gov Sales you may resell to other resellers for further sale to End Users, provided such other resellers are either prime contractors to a Federal Government Entity or subcontractors between you and such prime contractors and provided they are approved in writing by Zebra for each particular US Fed Gov Sales opportunity.


PRODUCTS CONTAINING MESH TECHNOLOGY

For those Products containing Mesh Technology you agree not to modify the Zebra hardware or software purchased for US Fed Gov Sales or design or adapt the Products for military applications.

PRODUCTS PURCHASED FOR USE IN COUNTRIES THAT ARE PART OF THE EUROPEAN UNION (EU)

You will include the following language in any transactions with End Users when Products are procured by such End Users for use in the European Union (EU):

“All Products to be shipped under this order acknowledgement are intended for the sole and direct use by the US military, US Dept of State or other US Federal agencies, OR by military agencies of the EU country under a US Government FMS purchase, and no commercial or business usage of these Products are intended; as such the requirements of the EU RHHS regulations do not apply.  Additionally, it is intended that the Products will not be resold within the EU, and any non-RoHS items will not be disposed of within the EU.”

You will not accept any purchase order without such statement.


SOFTWARE REDISTRIBUTION REQUIREMENTS

The following will apply with respect to US Fed Gov Sales notwithstanding anything to the contrary contained in Clause 3 (Zebra Software Redistribution Provisions) of these Additional Terms and Conditions.

(a)    The Software, Documentation and updates thereof are commercial items as that term is defined at 48 C.F.R. Part 2.101, consisting of “commercial computer software” and “computer software documentation” as such terms are defined in 48 C.F.R. Part 252.227-7014(a)(1) and 48 C.F.R. Part 252.227-7014(a)(5), and used in 48 C.F.R. Part 12.212 and 48 C.F.R. Part 227.7202, as applicable.  Consistent with 48 C.F.R. Part 12.212, 48 C.F.R. Part 252.227-7015, 48 C.F.R. Part 227.7202-1 through 227.7202-4, 48 C.F.R. Part 52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, the Software, Documentation and Updates are distributed and licensed to U.S. Government end users (a) only as commercial items, and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions contained herein.


(b)    If you are purchasing Products and licensing Software for end use by a Federal Government Entity, you may transfer such Software license, but only if: (i) All copies of such Software and Documentation are transferred to such Federal Government Entity or interim transferee, and (ii) you have first obtained from the transferee (if applicable) and ultimate End User an enforceable end user license agreement containing restrictions substantially identical to the ones contained in the EULA provided herein.

End User Software License Agreement

Except as stated in the foregoing, you and any transferee(s) authorized by this Section may not otherwise use or transfer or make available any Software to any third party nor permit any party to do so.