Wasp WDI4700 Quick Reference Manual page 7

existence of such non-conformities or errors and Wasp' s inabil-
ity to remedy such errors shall not constitute a breach of this
Agreement.
EXCEPT AS PROVIDED IN THIS AGREEMENT, THE WASP PROD-
UCT 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 SPECIF-
ICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANT-
ABILITY 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 BY END USER FOR THE WASP
PRODUCT. UNDER NO 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, CON-
TINGENT, 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 sup-
port 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. Gov-
ernment 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
Quick Reference Guide v