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part of a sale or transfer of the DEVICE, provided you retain no copies, you transfer all of the
SOFTWARE (including all component parts, the media and printed materials, any upgrades
or backup copies, this EULA and, if applicable, the Certificate(s) of Authenticity), and the
recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must
include all prior versions of the SOFTWARE.
• Termination. Without prejudice to any other rights, Manufacturer or MS may terminate this
EULA if you fail to comply with the terms and conditions of this EULA. In such event, you
must destroy all copies of the SOFTWARE and all of its component parts.
UPGRADES AND RECOVERY MEDIA.
• DEVICE Software. If the DEVICE Software is provided by Manufacturer separate from the
DEVICE on media such as a ROM chip, CD ROM disk(s) or via web download or other
means, and is labeled “For Upgrade Purposes Only” or “For Recovery Purposes Only”, you
may install one copy of such DEVICE Software onto the DEVICE as a replacement copy for
the existing DEVICE Software and use it in accordance with Section 1 of this EULA.
• Desktop Software. If any Desktop Software component(s) is provided by Manufacturer sep-
arate from the DEVICE on CD ROM disk(s) or via web download or other means, and
labeled “For Upgrade Purposes Only” or “For Recovery Purposes Only”, you may (i) install
and use one copy of such component(s) on the computer(s) you use to exchange data with
the DEVICE as a replacement copy for the existing Desktop Software component(s).
COPYRIGHT. All title and intellectual property rights in and to the SOFTWARE (including but not
limited to any images, photographs, animations, video, audio, music, text and “applets,”
incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the
SOFTWARE, are owned by MS or its suppliers (including Microsoft Corporation). You may not copy
the printed materials accompanying the SOFTWARE. All title and intellectual property rights in and
to the content which may be accessed through use of the SOFTWARE is the property of the
respective content owner and may be protected by applicable copyright or other intellectual
property laws and treaties. This EULA grants you no rights to use such content. All rights not
specifically granted under this EULA are reserved by MS and its suppliers (including Microsoft
Corporation).
EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE to any
country, person, or entity subject to U.S. export restrictions. You specifically agree not to export or
re-export the SOFTWARE: (i) to any country to which the U.S. has embargoed or restricted the
export of goods or services, which as of May 1999 include, but are not necessarily limited to Cuba,
Iran, Iraq, Libya, North Korea, Sudan, Syria, and the Federal Republic of Yugoslavia (including
Serbia, but not Montenegro), or to any national of any such country, wherever located, who intends
to transmit or transport the products back to such country; (ii) to any person or entity who you know
of have reason to know will utilize the SOFTWARE or portion thereof in the design, development or
production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been
prohibited from participating in U.S. export transactions by any federal agency of the U.S.
government.
NOTE ON JAVA SUPPORT. The SOFTWARE may contain support for programs written in Java.
Java technology is not fault tolerant and is not designed, manufactured, or intended for use or
resale as on-line control equipment in hazardous environments requiring fail-safe 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 Java technology
could lead directly to death, personal injury, or severe physical or environmental damage.
PRODUCT SUPPORT. Product support for the SOFTWARE is not provided by MS, its parent
corporation, Microsoft Corporation, or their affiliates or subsidiaries. For product support, please
refer to the SYMBOL support number provided in the documentation for the DEVICE. Should you
have any questions concerning this EULA, or if you desire to contact SYMBOL for any other reason,
please refer to the address provided in the documentation for the DEVICE.