SOFTWARE REDISTRIBUTION REQUIREMENTS INCLUDING END USER LICENSE AGREEMENT (EULA)

1. A separate Zebra software license and software warranty may apply to certain Products and/or individual items of software.  When you are advised in writing that a Product specific software license and software warranty apply to Products that are purchased for resale, or relicensing, as the case may be, you will be advised by your distributor of the procedures that must be taken in connection with the sale and/or licensing of such Products and/or Zebra software,  such as a requirement that you and the ultimate End Users agree to the applicable Zebra software license agreement prior to delivery thereof to such End User. From time to time, Zebra may change such separate software licenses, warranties and procedures and you will receive prior written notice from the Distributor addressing such change.  ZEBRA DOES NOT EXTEND ANY SOFTWARE WARRANTY TO YOU AND ALL WARRANTIES EXPRESS OR IMPLIED ARE SPECIFICALLY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

2. Title to software(s) in whole or in part, and all rights in patents, copyrights, trade secrets, and other intellectual properties in such software(s) are vested in, and shall remain vested in, Zebra or the third party that owns it.


3. Except for the right to use Products for the purposes provided herein which arises by operation of law, and except as expressly provided herein, nothing contained herein shall be deemed to grant to you or to the End Users purchasing from you either directly or by implication, estoppel, or otherwise, any license or right under any patents, copyrights, trademarks or trade secrets of Zebra or any third party.


4. Software Redistribution License and End User Software License Agreement.
Without prejudice to Sections 3.1.1, 3.1.2. and 3.1.3 above, any software program or documentation delivered to you with any of the Products for resale shall be governed by the terms and conditions of Zebra’ Software Redistribution License as set out in this Section 3.2

4.1 As specified herein, Zebra will provide you with Products that contain embedded, pre-loaded, or installed software.  “Software,” for the purposes of this Clause 3.2 means (i) proprietary software in object code format, and adaptations, translations, decompilations, disassemblies, emulations, or derivative works of such software; (ii) any modifications, enhancements, new versions and new releases of the software provided by Zebra; and (iii) may contain items of software owned by a third party supplier.  The term “Software” does not include any third party software provided under separate license or third party software not licensable under the terms included herein.  “Documentation,” for the purposes of this Clause 3.2, means product and software documentation that specifies technical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which such information is provided).


4.2 Software Redistribution License: The Software Redistribution License as provided for in this Clause 3 sets out the terms and conditions of the license Zebra is providing to you, and your use of the Software and Documentation.  Zebra hereby grants you a personal, non-assignable, non-transferable, non-exclusive license under Zebra’ copyrights and confidential information embodied in the Software to use the Software, in object code form, and the Documentation for the sole and exclusive purpose of distributing such Software to End Users, as limited herein.  There is no grant to any rights to source code. Any other use of the Software is strictly prohibited and will be deemed a breach of your agreement with your distributor.

4.3 You acknowledges Zebra's claim that the Products furnished hereunder contain valuable trade secrets of Zebra and therefore agree  that you will not translate, reverse engineer, de-compile or disassemble, manufacture, modify, alter or make any other unauthorized use of such Products. Additionally, you agree you will not make, have made, use or sell any Products in violation of Zebra’s intellectual property rights.

4.4 End User Software License Agreement ( EULA): You will include Zebra’s End-User Software License Agreement provided herein all your transactions with End Users.

End User Software License Agreement