Software Product Policy; Customers Under Software Support - Wasp 2D Quick Reference Manual

9. Severability. If any provision hereof is held invalid or unenforceable by a court of competent
jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such
invalid provision shall be deemed to be severed from the License Agreement.
10. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action
against the other party in the event of any breach hereunder shall not be deemed a waiver by that
party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
11. High Risk Activities. The Software is not fault- tolerant and is not designed or intended for use
in hazardous environments requiring fail-safe performance, including without limitation, in the
operation of nuclear facilities, aircraft navigation or communication systems, air traffic control,
weapons systems, direct life-support machines, or any other application in which the failure of the
Software could lead directly to death, personal injury, or severe physical or property damage (collec-
tively, "High Risk Activities"). LICENSOR expressly disclaims any express or implied warranty of
fitness for High Risk Activities.
12. Third Party Licensors. Third party licensors are hereby deemed to be beneficiaries of this Agree-
ment. In the event Licensor declines to enforce this Agreement, any third party licensor may elect to
enforce terms and conditions of this Agreement that benefit such third party licensor.

Software Product Policy

WASP reserves the right to ship its products with the latest version of software/firmware
available. This provides our customers with the very latest in WASP software technology.
The only exception to this policy is when the buyer has a signed contract with WASP
that clearly defines the terms and conditions for making software/firmware changes in
products shipped to the buyer.

Customers Under Software Support

Customers that elect to subscribe to WASP Software Maintenance and Support Agree-
ment will receive 30 days advance notification of: (1) the release of a new software ver-
sion; and/or (2) discontinuation of any prior software version that will no longer be
supported. WASP will provide maintenance for a fee that will assist customers in transi-
tioning to the next software version. If a customer is currently using the software version
being discontinued, the customer may elect to transition to any one of the newer ver-
sions, depending on the hardware in use.
To arrange for a Software Maintenance and Support Agreement please contact your
WASP sales person.
6 DuraLine™ 2D Imagers