Wasp WDI4200 Quick Reference Manual page 6

and repossession of all Wasp Products).
1.6 Without prejudice of the foregoing, End User grants to Wasp and its
independent accountants or consultants the right to examine End
User' s books, records and accounts during End User's normal
business 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 terminate
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
documentation 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
foregoing 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 DISCLAIMS
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 LIABILITY FOR
DAMAGES, IF ANY, WHETHER BASED UPON CONTRACT, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY,
WARRANTY, OR ANY OTHER BASIS, EXCEED THE PRICE OR FEE PAID
iv WDI4200