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Wasp Bar Code Technologies
Quick Reference Guide 5
3. License Fees. The license fees paid by you are paid in consideration of the licenses granted under
this License Agreement.
4. Term. This License Agreement is effective upon your installation or use of the SOFTWARE
PRODUCT and shall continue until terminated. You may terminate this License Agreement at any
time by returning to Licensor, or by permanently destroying, the SOFTWARE PRODUCT and all
copies thereof and extracts therefrom. Licensor may terminate this License Agreement upon the
breach by you of any term herein. Any use of the SOFTWARE PRODUCT in violation of U.S.
copyright laws or international treaties is a breach of this agreement. Upon such termination by
Licensor, you agree to return to Licensor all copies of the SOFTWARE PRODUCT. Irrespective of
whether Licensor or you terminates this Agreement under this provision, you are not entitled to a
refund of the license fee paid by you.
5. Limited Warranty. Licensor warrants, for your benefit alone, for a period of 90 days from the
date of commencement of this License Agreement (referred to as the "Warranty Period") that the
Program Media in which the SOFTWARE is contained are free from defects in material and work-
manship. Licensor further warrants, for your benefit alone, that during the Warranty Period the
SOFTWARE PRODUCT shall operate substantially in accordance with the functional specifica-
tions in the USER DOCUMENTATION. If during the Warranty Period, a defect in the SOFT-
WARE PRODUCT appears, you may return the SOFTWARE PRODUCT to Licensor for either
replacement or, if so elected by Licensor, refund of amounts paid by you under this License Agree-
ment. A copy of your sales receipt must accompany your returned SOFTWARE PRODUCT. This
Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misap-
plication.
Any replacement SOFTWARE will be warranted for the remainder of the original warranty period
or thirty (30) days, whichever is longer. You agree that the foregoing constitutes your sole and exclu-
sive remedy for breach by Licensor of any warranties made under this Agreement. EXCEPT FOR
THE WARRANTIES SET FORTH ABOVE, THE SOFTWARE PRODUCT, AND THE
SOFTWARE CONTAINED THEREIN, ARE LICENSED "AS IS," AND LICENSOR DIS-
CLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANT-
ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THESE REMEDIES ARE NOT
AVAILABLE OUTSIDE OF THE UNITED STATES OF AMERICA.
LICENSOR MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR
FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE
WILL MEET YOUR REQUIREMENTS. SOME STATES AND JURISDICTIONS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
6. Limitation of Liability. In no event shall Licensor be liable for any loss or damage or any other
incidental, special, punitive, exemplary, or consequential damages, loss profits, damages resulting
from loss of use or access, uses, performance, non-performance, business expense, machine down-
time, equipment failure, user error, accuracy, errors, omissions, or any direct damages arising out of,
based upon, or connected with the SOFTWARE even if Licensor is informed of the possibility of
such. The entire risk as to use of the SOFTWARE is assumed by you.
7. Trademark. Wasp and Wasp Bar Code Technologies are trademarks of Licensor. All other trade-
marks are those of third parties or licensors. No right, license, or interest to such trademarks are
granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with
respect to such trademarks.
8. Governing Law. This License Agreement shall be construed and governed in accordance with the
laws of the State of Texas, U.S.A.