Wasp Barcode WLS9600 Quick Reference Guide - Manual (Page 7)

Quick Reference Guide 3
this Agreement.
6.2 EXCEPT AS PROVIDED IN THIS AGREEMENT, THE Wasp PRODUCT IS PROVIDED
"AS IS" AND Wasp MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE PRODUCT, AND SPECIFI-
CALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FIT-
NESS FOR A PARTICULAR PURPOSE.
7. Infringement
7.1 Wasp will defend End User against any claim in a lawsuit that the Wasp Prod-
uct furnished hereunder infringe a United States patent or copyright of a
third party and Wasp will pay any damages finally awarded against End User
by a court of competent jurisdiction that are attributable to such claim or will
pay End User's part of any settlement that is attributable to such claim, pro-
vided, that 1) End User notifies Wasp promptly in writing of the claim, 2)
Wasp controls the defense or settlement of the claim, and 3) End User coop-
erates fully with Wasp in such defense or settlement. All notices of a claim
should be sent to Wasp Barcode Technologies, Legal Department, 959 Terry
Street, Eugene, OR 97402.
7.2 In the defense or settlement of any such claim, Wasp may, at its option, 1)
procure for End User the right to continue using the Wasp Product, 2) modify
the Wasp Product so that it becomes non-infringing, 3) replace the Wasp
Product with an equivalent product not subject to such claim, or 4) provide
End User an opportunity to return the Wasp Product and receive a refund of
the purchase price paid, less a reasonable allowance for use.
7.3 Wasp shall have no liability to End User for claims of infringement based
upon 1) the use of any Wasp Product in combination with any product which
Wasp has not either furnished or authorized for use with such Wasp Product
2) the use of any Wasp Product designed, manufactured, or modified to the
specifications of End User, or 3) End User's modification of the Wasp Product
without written authorization from Wasp.
7.4 THE FOREGOING STATES WASP'S COMPLETE AND ENTIRE OBLIGATION CON-
CERNING CLAIMS OF PATENT, COPYRIGHT, OR OTHER INTELLECTUAL PROP-
ERTY INFRINGEMENT, CANCELS AND SUPERCEDES ANY PRIOR AGREEMENTS,
WHETHER ORAL OR WRITTEN, BETWEEN THE PARTIES CONCERNING SUCH
CLAIMS, AND WILL NOT BE MODIFIED OR AMENDED BY ANY PAST, CONTEM-
PORANEOUS, OR FUTURE AGREEMENTS OR DEALINGS BETWEEN THE PAR-
TIES, WHETHER ORAL OR WRITTEN, EXCEPT AS SET FORTH IN A FUTURE
WRITING SIGNED BY BOTH PARTIES.
8. Limitation Of Liability
EXCEPT AS PROVIDED IN SECTION 7, WASP SHALL NOT 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 NEG-
LIGENCE), PRODUCT 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 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, CONTINGENT, INDIRECT, INCIDENTAL, PUNITIVE,
EXEMPLARY, OR OTHER SIMILAR DAMAGES, EVEN IF WASP HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
9. Government Restricted Rights; International Use
9.1 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.
9.2 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, with U.S. export control laws, and with the English language
version of this Agreement. The provisions of the "United Nations Convention
on International Sale of Goods" shall not apply to this Agreement.