Wasp Barcode WLS9600 Quick Reference Guide - Manual (Page 6)

2 WLS9600
3. Transfers, Support
3.1 Any copying, installing, reproduction, remanufacture, reverse engineering,
electronic transfer, or other use of the Software on other than the designated
Wasp Product will be a material breach of this Agreement. However, Wasp
may elect not to terminate this Agreement or the granted licenses, but
instead may elect to 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 other-
wise 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 sup-
port 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 intel-
lectual property 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' copy-
rights, patents, trademarks, service marks, trade secrets, or other intellectual prop-
erty 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, trademark, patent marking, or other intellec-
tual property notices contained in or on the Wasp Product.
5. Proprietary Information
5.1 End User acknowledges that Proprietary Information is the confidential, pro-
prietary, 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 Propri-
etary 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 purposes. End User shall take steps to protect the Propri-
etary 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 con-
tinue 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
conform substantially to the applicable Documentation for the period speci-
fied in the Documentation. During this period, for all reproducible noncon-
formities for which Wasp has been given written notice, Wasp will use
commercially reasonable efforts to remedy nonconformities verified by
Wasp. End User agrees to supply Wasp with all reasonably requested informa-
tion and assistance necessary to help Wasp in remedying such nonconformi-
ties. 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 uninterrupted or error
free, or that Wasp's remedial efforts will correct any nonconformance. 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