Wasp Wasp WDI7500, Quick Reference Manual

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Quick Reference Guide iii
END USER SOFTWARE LICENSE AGREEMENT (EULA)
FOR THE WASP WDI7500
NOTICE TO END USER: BY DOWNLOADING OR INSTALLING THE SOFTWARE, OR
BY USING THE WASP BARCODE TECHNOLOGIES PRODUCT THAT INCLUDES
THIS SOFTWARE, THE END USER CONSENTS TO BE BOUND BY THIS AGREE-
MENT. IF THE END USER DOES NOT AGREE WITH ALL OF THE TERMS OF THIS
AGREEMENT, THEN WASP IS NOT WILLING TO LICENSE THE SOFTWARE AND
THE END USER IS NOT ALLOWED TO DOWNLOAD, INSTALL OR USE THE SOFT-
WARE OR THE WASP PRODUCT
This End User License Agreement ("EULA") is between Wasp Barcode Technol-
ogies having its registered office at 1400 10th Street, Plano, TX 75074, USA
("Wasp"), and you, either an individual or a single entity, ("End User or "You"")
who has purchased one or more WDI7500 ("Wasp Product") subject to the
terms and conditions provided in any relevant purchase or sale contract. This
EULA applies to the software contained in the Wasp Product ("Embedded
Software") and to any other software, to the extent applicable, offered as
optional application software ("Application Software" that together with
"Embedded Software" is herein referred to as "Software"). Any Open Source
used in a conjunction with the Software is subject to the Open Source licenses
available at the following website:
http://www.datalogic.com/oss
1. Grant of License
1.1 Wasp grants to End User, a personal, non-exclusive, non-transferable, non-
sublicensable, revocable, limited license to use the Software, solely on the
Wasp Product in which it is embedded or for which it is intended for use, in
machine-readable form only, solely for End User's internal business purposes.
1.2 End Users shall not distribute, sublicense, rent, loan, lease, assign, export, re-
export, resell, ship or divert or cause to be exported, re-exported, resold,
shipped or diverted, directly or indirectly, the Software under this Agreement.
End User shall not, and shall not permit others to: (i) modify, translate, decom-
pile, reverse engineer, disassemble, or extract the inner workings of the Soft-
ware, (ii) copy the functionality of the Wasp Products; (iii) remove any
proprietary notices, marks, labels, or logos from the Wasp Products; (iv) rent or
transfer all or some of the Software to any other party without Wasp's prior
written consent.
1.3. Title to the licensed Software shall be and remain with Wasp or the third party
from whom Wasp has obtained a license right. This Agreement does not grant
to End User any intellectual property rights. As used in this Agreement the
term "purchase" or its equivalent when applied to the Software shall mean
"acquire under license". End User is not entitled to receipt or use of the source
code of any licensed Software.
1.4 Portions of the Wasp Product are protected by the relevant and applicable pat-
ent and copyright laws, international treaty provisions, and other applicable
laws. Therefore, End User must treat the Wasp Product like any other copy-
righted material (e.g., a book or musical recording) except that End User may
make one copy of the Software solely for back-up purposes. Unauthorized
duplication of the Software constitutes copyright infringement.
1.5 Any use of the Software outside of the conditions set forth herein is strictly
prohibited and will be deemed a breach of this Agreement resulting in imme-
diate termination of this Agreement. In the event of a breach of this Agree-
ment, Wasp will be entitled to all available remedies at law or in equity
(including but not limiting to immediate termination of the license without
notice, immediate injunctive relief and repossession of all Wasp Products).
1.6 Without prejudice of the foregoing, End User grants to Wasp and its indepen-
dent accountants or consultants the right to examine End User's books,
records and accounts during End User's normal business hours to verify com-
pliance with this Agreement. In the event such audit discloses non-compli-
ance with this Agreement, Wasp shall be entitled to immediately terminate
the Agreement, request End User to promptly pay all (additional) license fees
due and any further damages, if any.
2. License Fee
License fees shall be due by End User to Wasp according to the terms pro-
vided for in the relevant contract for the purchase of the Wasp Product.
3. Termination
Without prejudice to any other rights or remedies Wasp may have, Wasp may
terminate this Agreement if End User fails to comply with the terms and con-
ditions of this Agreement. Wasp may terminate this Agreement by offering
you a superseding Agreement for the Software or any replacement or modi-
fied version of or upgrade to the Software and conditioning your continued