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INTERMEC PRINTER INTERPRETER END USER LICENSE AGREEMENT

Important: Carefully read this Intermec Printer Interpreter License Agreement (hereafter License) before
installing or using the Software. You may use the Software only if you agree to be bound by the terms of this
License. If you do not agree to the terms of this License, you may NOT use the Software and you MUST return
the Software to Intermec for a refund. ANY INSTALLATION OR USE OF THE SOFTWARE INDICATES
YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE.
1.

Definitions
a.

"System(s)" means Intermec branded bar code label printers.

b. "Software" means the Intermec ZSim and/or DSim printer interpreter(s) computer program or any Revisions
thereto. The Software is written in Intermec Fingerprint programming language but has been list protected. The
Software may include programs written by Intermec as well as programs written by others which have been
incorporated into the Software by Intermec. The Software includes any disks or media on which it is recorded, any
printed Documentation or any on-line or electronic Documentation provided to You.
c. "Documentation" means any materials accompanying the Software which describe its functions and how to
install and use the Software.
d. "Revision" means any correction, modification, update, enhancement, or new version of the Software or
Documentation which Intermec provides to You. Intermec reserves the right to charge additional fees for Revisions.
e.

You or Your refers to the end user licensed to use the Software under this License.

f.

Intermec means Intermec Technologies Corporation, a Washington U.S.A. corporation.

2. License The Software is licensed, not sold. Intermec hereby grants You a limited, non-exclusive,
non-transferable, revocable license to use the Software under the following conditions and
limitations:
a. You may install and use the Software solely on Systems. You may make copies of the
Software only for installation and use on Systems which You own or operate. You shall not
copy, distribute, sell, resell, loan, sublicense, install or use the Software for any other purpose.
b. You shall not remove, deface or delete any of the intellectual property rights notices
including copyright or trademark legends and other notices appearing on the original Software
copy or Documentation.
c. Your license to hold and use the Software pursuant to this Agreement is restricted
solely to You and shall not be assigned, transferred, sublicensed, encumbered, or subjected to
any security interest without the advance written authorization of Intermec. Any attempt to
transfer, assign, sublicense or encumber the Software shall be void and of no effect.
d. The Software is protected under the copyright laws of the United States and international copyright treaties,
as well as other intellectual property laws and treaties. You agree that if any unauthorized copies are made, or if the
Software is used in violation of this License, Intermec shall have the right to obtain an injunction against the unauthorized
copying or use, in addition to any other rights and remedies Intermec might have. You acknowledge and agree that
nothing in this Agreement gives you any right, title or interest in the Software except the limited license rights expressly
granted herein. Some or all of the Software may have been developed by an independent third party software supplier
which holds copyright or other proprietary rights to the Software. You may be held responsible to any such supplier for
any infringement of such rights.
e. You agree that You will not export or import any portion of the Software to any country
that is not party to either: (i) The Berne Convention of 1989, (ii) The Universal Copyright
Convention, (iii) The Buenos Aires Convention, or (iv) a treaty with the United States of
America (U.S.A.) which allows for the recognition of the property rights claimed by Intermec or

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its suppliers in the Software. Any export or import of the Software to such country in violation
of this section is prohibited and shall constitute a breach of this License.
f. You acknowledge and agree that the Software may not be exported from the United States without applicable
approval by the U.S. government. You agree not to subsequently re-export the Software in violation of the U.S. Export
Administration Regulations (15 C.F.R. 770 et seq.) or other similar laws or regulations.
g. You shall not reverse engineer, disassemble, or de-compile the Software or attempt to do so in any manner
whatsoever, except as is explicitly permitted by law. You shall not modify the software or make any derivative works
therefrom without the express written consent of Intermec. You shall not attempt to remove the list protect from the
Software.
h.

Except as explicitly set forth above, Intermec grants You no other rights or licenses, express or implied.

3. License Fees The fee for this license is Five U.S. Dollars (US$5.00). This fee may be waived by Intermec or it
may be included in the price paid by You for the System(s).
4.

Limited Warranty

a. Intermec warrants for a period of NINETY (90) DAYS from the date of shipment that the Software will
perform substantially in accordance with the Documentation provided with the Software. Intermec does not warrant
that the operation of the Software will be uninterrupted or error free. This limited warranty is void if failure of the
Software is due to accident, abuse, misapplication or modification.
b. If the Software fails to perform as warranted in section 4 a, above, Your exclusive remedy against Intermec
and its suppliers shall be repair or replacement of the Software or the media upon which it is recorded. If Intermec is
unable to repair or replace the Software within a reasonable period of time, your alternate exclusive remedy is the
payment of Five Dollars (US$5.00) upon return of the Software and all copies thereof.
c. You must notify Intermec in writing of any warranty claim no later than ten (10) days after the expiration of
the warranty period.
d.
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 4 a, ABOVE, INTERMEC MAKES NO OTHER
EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, WHETHER WRITTEN OR ORAL WITH RESPECT TO
THE SOFTWARE.
5. Remedies and Limitation of Liability The remedies provided in section 4 b, above are Your sole and exclusive
remedies. IN NO EVENT SHALL INTERMEC OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY OR OTHER DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND THE LIKE) ARISING OUT OF THE
DELIVERY, USE, INABILITY TO USE OR PERFORMANCE OF THE SOFTWARE OR ANY OTHER
EXECUTABLE PROGRAMS DERIVED FROM OR BASED UPON THE SOFTWARE WHETHER SUCH CLAIMS
ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. THIS DISCLAIMER
SHALL APPLY EVEN IT INTERMEC HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY OF SUCH
DAMAGES. You agree that in no event will Intermecs liability for damages under this
Agreement exceed the amount of Five Dollars (US$5.00). The fees stated in this Agreement
reflect the limited scope of this License, the allocation of risk and the limitation of liability
contained in this section.
6. Support Support for the Software may be available from Intermec through a Software
Support Agreement. Support obtained from Intermec other than under a Software Support
Agreement will be invoiced on a time and materials basis at Intermecs then current rates.
7. Intellectual Property Ownership and Rights You agree that Intermec is the sole
owner of the Software, all copies of the Software made by You and all intellectual property
rights in the Software, including, but not limited to, any and all copyright, patent, trade secret,
trademark and other proprietary rights arising under United States law, the law of any other
country, and any international conventions. You agree that the Software is furnished to you
under this Agreement on a strictly confidential, limited use basis. Title in and to the Software

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shall remain solely with Intermec. You agree that you will take all actions that are necessary
under applicable law to protect Intermecs intellectual property rights in the Software, and that
you will not misappropriate Intermecs intellectual property rights. You promise and guarantee
that neither You nor any of Your employees, agents or subcontractors will engage in any of the
following prohibited practices:
a.

any unauthorized or prohibited copying or distribution of the Software;

b. any form of reverse engineering, disassembly or decompilation on all or any part of the
Software;
c.

any modification of the Software or the creation of any derivative works therefrom;

d. defacing, obscuring or removing from the Software any copyright notices, trademarks,
labels, legends or other intellectual property rights notices; or
e. directly or indirectly revealing the Software, the Software programming or algorithms,
or any information regarding the same to any person or entity except as authorized in writing
by Intermec.
You also warrant that you have implemented and will maintain any procedures necessary to
protect the confidentiality of the Software and to protect Intermecs proprietary rights. You
also agree that Intermec is the sole owner of the Software and any derivative works thereof.
8. Termination Intermec may terminate this License at any time should You violate any term or condition of this
License. Intermec may also terminate this License in the event that liquidation, bankruptcy or insolvency proceedings are
instituted by or against You. Upon termination of this License, You shall immediately stop using the Software and return
to Intermec the Software (including that contained in computer memory or data storage media), any
copies thereof and any related Documentation and certify to Intermec that You have done so. The provisions of this
section of this License and any other material provisions of this License shall survive any termination of this License.
8. Severability Should any part or provision of this License be held unenforceable or in conflict with the law of any
jurisdiction, the validity of the remaining parts or provisions shall not be affected by such holding.
9. Entire Agreement This License constitutes the complete and exclusive agreement and understanding between the
parties and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matters
addressed herein. This License supersedes any and all terms and conditions in any purchase orders issued by You to
Intermec. No modification or claimed waiver of any of the provisions hereof shall be valid unless in writing and signed by
authorized representatives of the party against whom such modification or waiver is sought to be enforced. A waiver of any
breach of any provision of this License shall not be construed as a continuing waiver of other breaches of the same or other
provisions of this License.
10. Governing Law The validity, construction, interpretation and enforcement of this License shall be governed by the
laws of the State of Washington, U.S.A. excluding that body of law know as conflicts of law. The Federal or State
Courts located in the State of Washington, shall have jurisdiction to hear any dispute under this contract. The parties agree
that the provisions of the United Nations Convention on the International Sale of Goods and UCITA shall not apply to this
License.
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U.S. GOVERNMENT RIGHTS
This provision applies to all acquisitions of this Software by or for the United States federal government. By accepting
delivery of this Software the Government hereby agrees that this Software qualifies as commercial computer
software within the meaning of FAR Part 12.212 (October 1995), DFARS Part 227.7202-1 (June 1995), and DFARS
252.227-7014(a) (June 1995). The terms and conditions of this License shall pertain to the governments use and
disclosure of this Software, and shall supersede any conflicting contractual terms or conditions. If this license fails to
meet the governments minimum needs or is inconsistent in any respect with federal procurement law, the government
agrees to return this Software unused to Intermec Technologies Corporation.
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