Wasp Barcode WLS9600 Quick Reference Guide - Manual (Page 8)

Software Product Policy
4 WLS9600
10. Termination
10.1 Either party may terminate this Agreement or any license granted under this
Agreement at any time upon written notice if the other party breaches any
provision of this Agreement.
10.2 Upon termination of this Agreement, End User immediately shall cease using
any nonembedded software and shall return to Wasp or destroy all
non-embedded software covered by this Agreement, and shall furnish Wasp
with a certificate of compliance with this provision signed by an officer or
authorized representative of End User. For embedded software, End User
agrees to sign a waiver prepared by Wasp concerning further use of the
embedded Software. End User's resumed or continued use of the embedded
Software after termination shall constitute End User's agreement to be
bound by the terms and conditions of this Agreement for such use.
11. General Provisions
11.1 Entire Agreement; Amendment. This document contains the entire agree-
ment between the parties relating to the licensing of the Software and super-
sedes all prior or contemporaneous agreements, written or oral, between the
parties concerning the licensing of the Software. This Agreement may not be
changed, amended, or modified except by written document signed by
Wasp.
11.2 Notice. 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 Contract Administra-
tion, Wasp Barcode Technologies,1400 10th Street, Plano, Texas, or such other
address as may be specified by Wasp in writing.
11.3 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.
11.4 Governing Law; Venue: This Agreement and the rights of the parties hereun-
der 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 Mult-
nomah or Lane counties shall have exclusive jurisdiction over all matters
regarding this Agreement, except that Wasp shall have the right, at its abso-
lute discretion, to initiate proceedings in the courts of any other state, coun-
try, or territory in which End User resides, or in which any of End User's assets
are located.
11.5 Attorneys' Fees. In the event an action is brought to enforce the terms and
conditions of this Agreement, the prevailing party shall be entitled to reason-
able attorneys' fees, both at trial and on appeal.
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Software Product Policy
Wasp Barcode Technologies reserves the right to ship its products
with the latest version of software/firmware available. This pro-
vides our customers with the very latest in Wasp software technol-
ogy.
The only exception to this policy is when the buyer has a signed
contract with Wasp that clearly defines the terms and conditions
for making software/firmware changes in products shipped to the
buyer.