Wasp WWS750 Quick Reference Manual page 6

ness hours to verify compliance with this Agreement. In the event
such audit discloses non-compliance with this Agreement, Wasp
shall be entitled to immediately terminate the Agreement, request
End User to promptly pay all (additional) license fees due and any
further damages, if any.
2. License Fee
License fees shall be due by End User to Wasp according to the
terms provided for in the relevant contract for the purchase of the
Wasp Product.
3. Termination
Without prejudice to any other rights or remedies Wasp may have,
Wasp may terminate this Agreement if End User fails to comply
with the terms and conditions of this Agreement. Wasp may ter-
minate this Agreement by offering you a superseding Agreement
for the Software or any replacement or modified version of or
upgrade to the Software and conditioning your continued use of
the Software or such replacement, modified or upgraded version on
your acceptance of such superseding Agreement. In addition, either
party may terminate this Agreement at any time. Subject to the
foregoing, termination shall be effective upon notice to the other
party. In the event that this Agreement terminates for any reason,
End User's license to use the Software will immediately terminate,
and End User must immediately stop using the Software, destroy
all copies of the Software and all of its component parts, and, upon
request, provide an affidavit certifying your compliance with the
foregoing. The provisions of Sub-sections 1.2, 1.3, 1.4, 1.5, 4, 5, 6, 8,
and 12 shall survive termination of this Agreement.
4. Limited Warranty
Wasp warrants that, under normal use and operation, the Software
will conform substantially to the applicable Wasp Product docu-
mentation for the period specified in the same, provided that the
Software is used with the Wasp Product. Wasp's entire liability and
End User's sole and exclusive remedy for any breach of the forego-
ing limited warranty will be, at Wasp' s option, the provision of a
downloadable patch or replacement software.
Wasp does not warrant (i) that Software will meet End User's
requirements; (ii) that Software will be uninterrupted or defect
error free; (iii) any non-conformity derived from unauthorized use,
and/or improper installation or repair not in compliance with Wasp
Product documentation. End User agrees that the existence of
such non-conformities or errors and Wasp's inability to remedy
such errors shall not constitute a breach of this Agreement.
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 WASP PRODUCT OR SOFTWARE, AND SPECIFICALLY DIS-
CLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
5. Limitation of Liability
EXCEPT AS PROVIDED IN THIS AGREEMENT, NEITHER WASP NOR
ITS LICENSORS SHALL BE LIABLE FOR ANY CLAIMS AGAINST END
USER BY ANY OTHER PARTY. IN NO EVENT SHALL WASP' S LIABIL-
ITY FOR DAMAGES, IF ANY, WHETHER BASED UPON CONTRACT,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIA-
BILITY, WARRANTY, OR ANY OTHER BASIS, EXCEED THE PRICE OR
FEE PAID BY END USER FOR THE WASP PRODUCT. UNDER NO CIR-
CUMSTANCES SHALL WASP OR ITS LICENSORS 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 OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBIL-
ITY OF SUCH DAMAGES. END USER MUST BRING ANY ACTION
UNDER THIS AGREEMENT WITHIN 12 (TWELVE) MONTHS AFTER
iv WASP WWS750