Common use of DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY Clause in Contracts

DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY. 11.1 THE SOFTWARE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, ZEBRA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. ZEBRA DOES NOT WARRANT THAT THE OPERATION OR AVAILABILITY OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZEBRA OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY REGARDING THE SOFTWARE OR TO CREATE ANY WARRANTY OF ANY SORT FROM ZEBRA. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO SOME OF THE EXCLUSIONS OR LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU. 11.2 CERTAIN THIRD-PARTY CONTENT MAY BE INCORPORATED WITH OR ACCESSIBLE VIA THE SOFTWARE. XXXXX MAKES NO REPRESENTATIONS WHATSOEVER ABOUT ANY THIRD-PARTY CONTENT. SINCE ZEBRA HAS LIMITED OR NO CONTROL OVER SUCH CONTENT, YOU ACKNOWLEDGE AND AGREE THAT ZEBRA IS NOT RESPONSIBLE FOR SUCH CONTENT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THIRD-PARTY CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK OF UNSATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. YOU AGREE THAT ZEBRA SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS, INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO OR LOSS OF DATA, CAUSED OR ALLEGED TO BE CAUSED BY, OR IN CONNECTION WITH, USE OF OR RELIANCE ON ANY THIRD-PARTY CONTENT AVAILABLE ON OR THROUGH THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF ANY THIRD-PARTY CONTENT IS GOVERNED BY THE THIRD-PARTY’S TERMS OF USE, LICENSE AGREEMENT, PRIVACY POLICY, OR OTHER SUCH AGREEMENT AND THAT ANY INFORMATION OR PERSONAL DATA YOU PROVIDE, WHETHER KNOWINGLY OR UNKNOWINGLY, TO THE THIRD-PARTY, WILL BE SUBJECT TO THE THIRD-PARTY’S PRIVACY POLICY, IF SUCH A POLICY EXISTS. ZEBRA DISCLAIMS ANY RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION OR ANY OTHER PRACTICES OF ANY THIRD-PARTY. ZEBRA EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING WHETHER YOUR PERSONAL INFORMATION IS CAPTURED BY ANY THIRD-PARTY OR THE USE TO WHICH SUCH PERSONAL INFORMATION MAY BE PUT BY SUCH THIRD- PARTY. 11.3 IN NO EVENT WILL ZEBRA BE LIABLE TO YOU OR ANY OTHER THIRD-PARTY FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF OR ACCESS TO ANY COMPONENT OF THE SOFTWARE OR THE INABILITY TO USE OR ACCESS ANY COMPONENT OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, IN-APP PURCHASES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF ZEBRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, ZEBRA’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SOFTWARE OR ANY OTHER PROVISION UNDER THIS AGREEMENT, SHALL NOT EXCEED THE FAIR MARKET VALUE OF THAT COMPONENT OF THE SOFTWARE. 11.4 THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS HEREIN SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. 11.5 THE SOFTWARE MAY ENABLE COLLECTION OF LOCATION-BASED DATA FROM ONE OR MORE DEVICES WHICH MAY ALLOW TRACKING OF THE LOCATION OF THOSE DEVICES. ZEBRA SPECIFICALLY DISCLAIMS ANY LIABILITY FOR YOUR USE OR MISUSE OF THE LOCATION-BASED DATA. YOU AGREE TO PAY ALL REASONABLE COSTS AND EXPENSES OF ZEBRA ARISING FROM OR RELATED TO THIRD-PARTY CLAIMS RESULTING FROM YOUR USE OR MISUSE OF THE LOCATION-BASED DATA.

DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY. 11.1 THE SOFTWARE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, ZEBRA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. ZEBRA DOES NOT WARRANT THAT THE OPERATION OR AVAILABILITY OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZEBRA OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY REGARDING THE SOFTWARE OR TO CREATE ANY WARRANTY OF ANY SORT FROM ZEBRA. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO SOME OF THE EXCLUSIONS OR LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU. 11.2 CERTAIN THIRD-PARTY CONTENT MAY BE INCORPORATED WITH OR ACCESSIBLE VIA THE SOFTWARE. XXXXX ZEBRA MAKES NO REPRESENTATIONS WHATSOEVER ABOUT ANY THIRD-PARTY CONTENT. SINCE ZEBRA HAS LIMITED OR NO CONTROL OVER SUCH CONTENT, YOU ACKNOWLEDGE AND AGREE THAT ZEBRA IS NOT RESPONSIBLE FOR SUCH CONTENT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THIRD-PARTY CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK OF UNSATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. YOU AGREE THAT ZEBRA SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS, INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO OR LOSS OF DATA, CAUSED OR ALLEGED TO BE CAUSED BY, OR IN CONNECTION WITH, USE OF OR RELIANCE ON ANY THIRD-PARTY CONTENT AVAILABLE ON OR THROUGH THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF ANY THIRD-PARTY CONTENT IS GOVERNED BY THE THIRD-PARTY’S TERMS OF USE, LICENSE AGREEMENT, PRIVACY POLICY, OR OTHER SUCH AGREEMENT AND THAT ANY INFORMATION OR PERSONAL DATA YOU PROVIDE, WHETHER KNOWINGLY OR UNKNOWINGLY, TO THE THIRD-PARTY, WILL BE SUBJECT TO THE THIRD-PARTY’S PRIVACY POLICY, IF SUCH A POLICY EXISTS. ZEBRA DISCLAIMS ANY RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION OR ANY OTHER PRACTICES OF ANY THIRD-PARTY. ZEBRA EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING WHETHER YOUR PERSONAL INFORMATION IS CAPTURED BY ANY THIRD-PARTY OR THE USE TO WHICH SUCH PERSONAL INFORMATION MAY BE PUT BY SUCH THIRD- PARTY. 11.3 IN NO EVENT WILL ZEBRA BE LIABLE TO YOU OR ANY OTHER THIRD-PARTY FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF OR ACCESS TO ANY COMPONENT OF THE SOFTWARE OR THE INABILITY TO USE OR ACCESS ANY COMPONENT OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, IN-APP PURCHASES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF ZEBRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, ZEBRA’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SOFTWARE OR ANY OTHER PROVISION UNDER THIS AGREEMENT, SHALL NOT EXCEED THE FAIR MARKET VALUE OF THAT COMPONENT OF THE SOFTWARE. 11.4 THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS HEREIN SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. 11.5 THE SOFTWARE MAY ENABLE COLLECTION OF LOCATION-BASED DATA FROM ONE OR MORE DEVICES WHICH MAY ALLOW TRACKING OF THE LOCATION OF THOSE DEVICES. ZEBRA SPECIFICALLY DISCLAIMS ANY LIABILITY FOR YOUR USE OR MISUSE OF THE LOCATION-BASED DATA. YOU AGREE TO PAY ALL REASONABLE COSTS AND EXPENSES OF ZEBRA ARISING FROM OR RELATED TO THIRD-PARTY CLAIMS RESULTING FROM YOUR USE OR MISUSE OF THE LOCATION-BASED DATA.