Wasp WDI4200 Quick Reference Manual page 7

BY END
CIRCUMSTANCES 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 POSSIBILITY
OF SUCH DAMAGES. END USER MUST BRING ANY ACTION UNDER
THIS AGREEMENT WITHIN 12 (TWELVE) MONTHS AFTER THE CAUSE
OF ACTION ARISES.
6. Indemnification
To the maximum extent permitted by law, End User agrees to
defend, indemnify and hold harmless Wasp, its affiliates and their
respective directors, officers, employees and agents from and
against any and all claims, actions, suits or proceedings, as well as
any and all losses, liabilities, damages, costs and expenses (including
reasonable attorney's fees) arising out of or accruing from or related
to Licensee' s failure to comply with the terms of this Agreement,
including but not limited to (1) non-compliance with any applicable
laws or regulations with Wasp product documentation, (2)
unauthorized use or disclosure of Software, and (3) use of Software
in combination with software, hardware, systems, or other items not
provided by Wasp.
7. Support
End User may request 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.
8. Government Restricted Rights; International Use
8.1 Use, duplication, or disclosure of the Software by the U.S.
Government is subject to the restrictions for computer software
developed at private expense as set forth in the U.S. Federal
Acquisition Regulations at FAR 52.227-14(g), or 52.227-19 or in the
Rights in Technical Data and Computer Software clause at DFARS
252.227-7013(c)(1)(ii), whichever is applicable.
8.2 If End User is using the Wasp Product outside of the United States,
End User must comply with the applicable local laws of the country
in which the Wasp Product is used and with U.S. export control laws,.
Without prejudice of the foregoing, the End User agrees to not export
or re-export the Software, any part thereof, or any process or service
that is the direct product of the Software to any country, person or
entity subject to U.S. export restrictions. End User specifically agrees
not to export or re-export any of the Software: (i) to any country to
which the U.S. has embargoed or restricted the export of goods or
services or to any national of any such country, wherever located,
who intends to transmit or transport the Software back to such
country; (ii) to any person or entity who you know or have reason to
know will utilize the Software
production of nuclear, chemical or biological weapons; or (iii) to any
person or entity who has been prohibited from participating in U.S.
export transactions by any federal agency of the U.S. government.
End User warrants and represents that neither the U.S. Commerce
Department, Bureau of Export Administration nor any other U.S.
federal agency has suspended, revoked or denied its export
privileges.
9. Third Party Software
The Wasp Product may contain one or more items of third party
software which use is governed by separate third-party license,
unless otherwise stated.
10. Open Source Software
Quick Reference Guide
USER FOR THE WASP
in the design, development or
FOR WASP WDI4200
PRODUCT. UNDER NO
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