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WDI4200
Portions of the Software include or operate with Open Source
software ("Open Source Software").
Open Source Software is software covered by a publicly available
license governed solely under Copyright law, whereas the complete
terms and obligations of such license attach to a licensee solely
through the act of copying, using and/or distributing the licensed
software, such obligations often include one or more of attribution
obligations, distribution obligations, copyleft obligations, and
intellectual property encumbrances. The use of any Open Source
Software is subject to the terms and conditions of this Agreement as
well as the terms and conditions of the corresponding license of
each Open Source Software package. If there is a conflict between
the terms and conditions of this Agreement and the terms and
conditions of the Open Source Software license, the applicable Open
Source Software license will take precedence. Wasp is required to
reproduce the software licenses, acknowledgments and copyright
notices as provided by the authors and owners, thus, all such
information is provided in its native language form, without
modification or translation. Please reference and review the above-
mentioned information to identify which Open Source Software
packages have source code provided or available.
11. Notices
All notices required or authorized under this Agreement shall be
given in writing, and shall be effective when received, with evidence
of receipt. Notices to Wasp shall be sent to the attention of Wasp
Barcode Technologies, 1400 10th Street, Plano TX 75074 USA, or such
other address as may be specified by Wasp in writing.
12. General Provisions.
12.1. Entire Agreement; Amendment. This document contains the entire
agreement between the parties relating to use of the Wasp Products
and the licensing of the Software and supersedes all prior or
contemporaneous agreements, written or oral, between the parties
concerning the use of the Wasp Products and licensing of the
Software. This Agreement may not be changed, amended, or
modified except by written document signed by Wasp.
12.2. Waiver. A party's failure to enforce any of the terms and conditions
of this Agreement shall not prevent the party's later enforcement of
such terms and conditions.
12.3. Governing Law; Venue: End User agrees to the application of the
laws of the country in which End User obtained the license to govern,
interpret, and enforce all of End User's and Wasp's respective rights,
duties, and obligations arising from, or relating in any manner to, the
subject matter of this Agreement, without regard to conflict of law
principles. The United Nations Convention on Contracts for the
International Sale of Goods does not apply.
All rights, duties, and obligations are subject to the courts of the
country in which End User obtained the license. For licenses granted
by Licensee who operates in the countries specified below, the
following terms applies.
For Americas:
This Agreement is governed by the laws of the State of Oregon. This
Agreement and the rights of the parties hereunder shall be governed
by and construed in accordance with the laws of the State of Oregon
U.S.A, without regard to the rules governing conflicts of law. The
state or federal courts of the State of Oregon located in either
Multnomah or Lane counties shall have exclusive jurisdiction over all
matters regarding this Agreement, except that Wasp shall have the
right, at its absolute discretion, to initiate proceedings in the courts
of any other state, country, or territory in which End User resides, or
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