Wasp WDI4700 Quick Reference Manual page 6

copy of the Software solely for back-up purposes. Unauthorized
duplication of the Software constitutes copyright infringement.
1.5 Any use of the Software outside of the conditions set forth
herein is strictly prohibited and will be deemed a breach of this
Agreement resulting in immediate termination of this Agree-
ment. In the event of a breach of this Agreement, Wasp will be
entitled to all available remedies at law or in equity (including
but not limiting to immediate termination of the license with-
out notice, immediate injunctive relief 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 ter-
minate 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 Agree-
ment 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, pro-
vide 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 Soft-
ware 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
iv Wasp WDI4700