Intermec PW50 Intermec End User License Agreement - Page 2

5.0 Warranty Support 5.1 Warranty support may be obtained from the nearest Intermec sales office or other location indicated in the Documentation. Intermec will be Your primary contact for support even if the Software was written by one of Intermec's suppliers. 6.0 Termination 6.1 Intermec may terminate this Agreement at any time should You violate any term or condition of this EULA. Upon termination of this EULA, You shall immediately return to Intermec all Software and any copies thereof and related Documentation, and certify to Intermec that You have done so. The provisions of this paragraph of this EULA and any other material provisions of this EULA shall survive any termination of this EULA. 7.0 Severability 7.1 Should any part or provision of this EULA 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. 8.0 Limitation On Effect Of Waiver 8.1 A waiver of any breach of any provision of this EULA shall not be construed as a continuing waiver of other breaches of the same or other provisions of this EULA. 9.0 Entire Agreement 9.1 This EULA constitutes the entire agreement and understanding between the parties and supersedes all prior agreements and understandings with respect to the subject matter of this EULA whether written or oral, including any and all purchase orders to the extent that they are inconsistent with this agreement. 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. 10.0 Governing Law 10.1 The validity and interpretation of this Agreement shall be governed by the laws of the State of Washington. 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 shall not apply to this EULA. 10.2 If you acquired this EULA in Canada, this EULA shall be governed by the laws of the Province of Ontario, Canada. Each of the parties hereto consents to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario. U.S. Government Acquisition This provision applies to all acquisitions of this Software by or for the 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 2.101, DFARS Part 227.7202-1, and DFARS 252.227-7014(a). The terms and conditions of this Agreement shall pertain to the government's use and disclosure of this Software, and shall supersede any conflicting contractual terms or conditions. If this license fails to meet the government's minimum needs or is inconsistent in any respect with federal procurement law, the government agrees to return this Software unused to Intermec Technologies Corporation. If You have any questions about this EULA, please contact Intermec. Worldwide Headquarters 6001 36th Avenue West Everett, Washington 98203 U.S.A. tel 425.348.2600 fax 425.355.9551 www.intermec.com © 2008 Intermec Technologies Corporation. All rights reserved. Intermec End User License Agreement *073147-003* P/N 073147-003