Wasp Wasp WDI7500, Quick Reference Manual

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iv Wasp WDI7500
use of the Software or such replacement, modified or upgraded version on
your acceptance of such superseding Agreement. In addition, either party may
terminate this Agreement at any time. Subject to the foregoing, termination
shall be effective upon notice to the other party. In the event that this Agree-
ment terminates for any reason, End User's license to use the Software will
immediately terminate, and End User must immediately stop using the Soft-
ware, destroy all copies of the Software and all of its component parts, and,
upon request, provide an affidavit certifying your compliance with the forego-
ing. The provisions of Sub-sections 1.2, 1.3, 1.4, 1.5, 4, 5, 6, 8, and 12 shall sur-
vive termination of this Agreement.
4. Limited Warranty
Wasp warrants that, under normal use and operation, the Software will con-
form substantially to the applicable Wasp Product documentation for the
period specified in the same, provided that the Software is used with the
Wasp Product. Wasp's entire liability and End User's sole and exclusive rem-
edy for any breach of the foregoing limited warranty will be, at Wasp's option,
the provision of a downloadable patch or replacement software.
Wasp does not warrant (i) that Software will meet End User's requirements; (ii)
that Software will be uninterrupted or defect error free; (iii) any non-confor-
mity derived from unauthorized use, and/or improper installation or repair not
in compliance with Wasp Product documentation. End User agrees that the
existence of such non-conformities or errors and Wasp's inability to remedy
such errors shall not constitute a breach of this Agreement.
EXCEPT AS PROVIDED IN THIS AGREEMENT, THE WASP PRODUCT IS PRO-
VIDED "AS IS" AND WASP MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE WASP PRODUCT OR
SOFTWARE, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5. Limitation of Liability
EXCEPT AS PROVIDED IN THIS AGREEMENT, NEITHER WASP NOR ITS LICEN-
SORS SHALL BE LIABLE FOR ANY CLAIMS AGAINST END USER BY ANY OTHER
PARTY. IN NO EVENT SHALL WASP'S LIABILITY FOR DAMAGES, IF ANY,
WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), PROD-
UCT LIABILITY, STRICT LIABILITY, WARRANTY, OR ANY OTHER BASIS, EXCEED
THE PRICE OR FEE PAID BY END USER FOR THE WASP PRODUCT. UNDER NO
CIRCUMSTANCES SHALL WASP OR ITS LICENSORS BE LIABLE TO END USER
OR ANY THIRD PARTY FOR LOST PROFITS, LOST DATA, INTERRUPTION OF
BUSINESS OR SERVICE, OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, CON-
TINGENT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR OTHER SIMILAR
DAMAGES, EVEN IF WASP OR ITS LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. END USER MUST BRING ANY ACTION
UNDER THIS AGREEMENT WITHIN 12 (TWELVE) MONTHS AFTER THE CAUSE
OF ACTION ARISES.
6. Indemnification
To the maximum extent permitted by law, End User agrees to defend, indem-
nify and hold harmless Wasp, its affiliates and their respective directors, offi-
cers, employees and agents from and against any and all claims, actions, suits
or proceedings, as well as any and all losses, liabilities, damages, costs and
expenses (including reasonable attorney's fees) arising out of or accruing from
or related to Licensee's failure to comply with the terms of this Agreement,
including but not limited to (1) non-compliance with any applicable laws or
regulations with Wasp product documentation, (2) unauthorized use or disclo-
sure of Software, and (3) use of Software in combination with software, hard-
ware, systems, or other items not provided by Wasp.
7. Support
End User may request support for Software from Wasp at Wasp's standard
support fees and under Wasp's standard support terms and conditions in
effect at the time the support is requested.
8. Government Restricted Rights; International Use
8.1 Use, duplication, or disclosure of the Software by the U.S. Government is sub-
ject to the restrictions for computer software developed at private expense as
set forth in the U.S. Federal Acquisition Regulations at FAR 52.227-14(g), or
52.227-19 or in the Rights in Technical Data and Computer Software clause at
DFARS 252.227-7013(c)(1)(ii), whichever is applicable.
8.2 If End User is using the Wasp Product outside of the United States, End User
must comply with the applicable local laws of the country in which the Wasp
Product is used and with U.S. export control laws,. Without prejudice of the
foregoing, the End User agrees to not export or re-export the Software, any
part thereof, or any process or service that is the direct product of the Soft-
ware to any country, person or entity subject to U.S. export restrictions. End
User specifically agrees not to export or re-export any of the Software: (i) to