Wasp Barcode WDI4600 2D Quick Reference Guide - Manual (Page 6)

2 WDI4600
notify End User that End User is deemed to have ordered and accepted a license
for each breaching use. End User shall pay Wasp the applicable list price for such
licenses as of the date of such breach.
3.2 End User shall not sell, assign, sublicense, distribute, lend, rent, give, or otherwise
transfer the Wasp Product to any third party unless such third party agrees with
Wasp in writing to be bound by the terms and conditions of this Agreement. Any
such transfer of the Wasp Product absent such agreement shall be null and void.
3.3 End User may obtain 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.
4. Intellectual Property
End User acknowledges that the Software constitutes valuable trade secrets of Wasp
or Wasp's third party licensors and that the Software is protected by intellectual prop-
erty laws and treaties. The license set forth in this Agreement does not transfer to End
User any ownership of Wasp's or its third party licensors' copyrights, patents, trade-
marks, service marks, trade secrets, or other intellectual property rights and End User
shall have no right to commence any legal actions to obtain such rights. End User shall
not remove, modify, or take any other action that would obscure any copyright, trade-
mark, patent marking, or other intellectual property notices contained in or on the
Wasp Product.
5. Proprietary Information
5.1 End User acknowledges that Proprietary Information is the confidential, propri-
etary, and trade secret property of Wasp and Wasp's third party licensors and End
User acquires no right or interest in any Proprietary Information.
5.2 End User shall not disclose, provide, or otherwise make available the Proprietary
Information of Wasp or its third party licensors to any person other than End
User's authorized employees or agents who are under confidentiality agreement,
and End User shall not use the Proprietary Information other than in conjunction
with use of the Wasp Product exclusively for End User's internal business pur-
poses. End User shall take steps to protect the Proprietary Information no less
securely than if it were End User's own intellectual property.
5.3 The provisions of this Proprietary Information Section shall survive and continue
for five (5) years after the termination of this Agreement.
6. Limited Warranty
6.1 Wasp warrants that, under normal use and operation, the Wasp Product will con-
form substantially to the applicable Documentation for the period specified in
the Documentation. During this period, for all reproducible nonconformities for
which Wasp has been given written notice, Wasp will use commercially reason-
able efforts to remedy nonconformities verified by Wasp. End User agrees to sup-
ply Wasp with all reasonably requested information and assistance necessary to
help Wasp in remedying such nonconformities. For all defects reported to Wasp
within the warranty period, Wasp's liability is limited to providing End User with
one copy of corrections or responding to End User's problem reports according
to Wasp's standard assistance practices. Wasp does not warrant that the product
will meet End User's requirements or that use of the product will be uninter-
rupted or error free, or that Wasp's remedial efforts will correct any nonconfor-
mance. This limited warranty does not cover any product that have been
subjected to damage or abuse, whether intentionally, accidentally, or by neglect,
or to unauthorized repair or unauthorized installation, and shall be void if End
User modifies the product, uses the product in any manner other than as estab-
lished in the Documentation, or if End User breaches any of the provisions of 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, WRIT-
TEN OR ORAL, WITH RESPECT TO THE PRODUCT, AND SPECIFICALLY DISCLAIMS
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICU-
LAR PURPOSE.
7. Infringement
7.1 Wasp will defend End User against any claim in a lawsuit that the Wasp Product
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, provided, that 1) End
User notifies Wasp promptly in writing of the claim, 2) Wasp controls the defense