Wasp WWS650 Quick Reference Manual page 7

ernment. 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
Portions of the Software include or operate with Open Source software ("Open
Source Software").
Open Source Software is software covered by a publicly available license governed
solely under Copyright law, whereas the complete terms and obligations of
such license attach to a licensee solely through the act of copying, using and/
or distributing the licensed software, such obligations often include one or
more of attribution obligations, distribution obligations, copy left obligations,
and intellectual property encumbrances. The use of any Open Source Software
is subject to the terms and conditions of this Agreement as well as the terms
and conditions of the corresponding license of each Open Source Software
package. If there is a conflict between the terms and conditions of this Agree-
ment and the terms and conditions of the Open Source Software license, the
applicable Open Source Software license will take precedence. Wasp is
required to reproduce the software licenses, acknowledgments and copyright
notices as provided by the authors and owners, thus, all such information is
provided in its native language form, without modification or translation.
Please reference and review the above-mentioned information to identify
which Open Source Software packages have source code provided or available.
11. Notices
All notices required or authorized under this Agreement shall be given in writ-
ing, and shall be effective when received, with evidence of receipt. Notices to
Wasp shall be sent to the attention of Wasp Barcode Technologies, 1400 10th
Street, Plano TX 75074 USA, or such other address as may be specified by
Wasp in writing.
12. General Provisions.
12.1. Entire Agreement; Amendment. This document contains the entire agree-
ment between the parties relating to use of the Wasp Products and the
licensing of the Software and supersedes all prior or contemporaneous agree-
ments, written or oral, between the parties concerning the use of the Wasp
Products and licensing of the Software. This Agreement may not be changed,
amended, or modified except by written document signed by Wasp.
12.2. 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.
12.3. Governing Law; Venue: End User agrees to the application of the laws of the
country in which End User obtained the license to govern, interpret, and
enforce all of End User' s and Wasp' s respective rights, duties, and obligations
arising from, or relating in any manner to, the subject matter of this Agree-
ment, without regard to conflict of law principles. The United Nations Conven-
tion on Contracts for the International Sale of Goods does not apply.
All rights, duties, and obligations are subject to the courts of the country in
which End User obtained the license. For licenses granted by Licensee who
operates in the countries specified below, the following terms applies.
For Americas:
This Agreement is governed by the laws of the State of Oregon. This Agree-
ment and the rights of the parties hereunder shall be governed by and con-
strued 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 Multnomah or Lane counties shall have
exclusive jurisdiction over all matters regarding this Agreement, except that
Wasp shall have the right, at its absolute discretion, to initiate proceedings in
the courts of any other state, country, or territory in which End User resides, or
in which any of End User's assets are located. In the event an action is brought
to enforce the terms and conditions of this Agreement, the prevailing party
shall be entitled to reasonable attorneys' fees, both at trial and on appeal.
For Europe, Middle East and Africa:
This Agreement is governed by the laws of Italy. This Agreement and the
rights of the parties hereunder shall be governed by and construed in accor-
dance with the laws of Italy, without regard to the rules governing conflicts of
law. Italian Court of Bologna 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, country,
or territory in which End User resides, or in which any of End User's assets are
located. In the event an action is brought to enforce the terms and conditions
of this Agreement, the prevailing party shall be entitled to reasonable attor-
Quick Reference Guide v