Aiming System ............................................................... 23
NOTES
Wasp Barcode Technologies
WLS9600 PRODUCT SERIES
END USER LICENSE AGREEMENT
Notice to End User: The Wasp Barcode Technologies Product you have acquired
contains embedded Software, which is integral to the product's operation. This
Software is being provided to you under license, subject to the terms and conditions of this Agreement. If you use the Wasp Product, you will be deemed to have
accepted the terms and conditions of this Agreement. If you do not intend to be
bound to the terms of this Agreement, Wasp is not willing to license the Software
to you, you may not use the Wasp Product or the Software, and you must contact
the party from whom you acquired the Wasp Product for instructions.
This End User Software License Agreement ("Agreement") is a legally binding
agreement governing the licensing of the Software and Documentation by Wasp
Barcode Technologies and its Affiliates ("Wasp") to the entity or person who has
purchased or otherwise acquired a Wasp Product ("End User"). For purposes of
this Agreement, any software that is associated with a separate end-user license
agreement is licensed to you under the terms of that license agreement. Wasp
and End User hereby agree as follows:
1. Definitions
1.1 "Affiliate" means a business entity currently existing or later acquired that controls, is controlled by, or is under common control with Wasp Barcode Technologies.
1.2 "Documentation" means materials such as user's guides, program reference
guides, quick reference guides, manuals, or similar materials associated with
or related to the Wasp Product, whether in printed, "online", or other form.
1.3 "Proprietary Information" means: (a) source code, object code, software, documentation, and any related internal design, system design, data base design,
algorithms, technology, technical data or information, implementation techniques, and trade secrets related to the Software, (b) any other trade secrets
marked appropriately or identified as proprietary or confidential, and (c) any
information that End User, under the circumstances, should recognize as confidential. Proprietary Information does not include any information that the
receiving party can establish was (1) in the public domain, (2) already in the
receiving party's possession or rightfully known prior to receipt, (3) rightfully
learned from a third party not in violation of any other's proprietary rights, or
(4) independently developed without access to Proprietary Information.
1.4 "Wasp Product" means the Wasp WLS9600 series scanner product, including
all embedded Software in and all Documentation related to such product,
which has been purchased or otherwise acquired by End User, whether
obtained directly or indirectly from Wasp.
1.5 "Software" means any software or computer programs of Wasp or its third
party licensors in machine readable form which is embedd ed in the Wasp
Product, whether obtained directly or indirectly from Wasp, including any
replacement, update, upgrade, enhancement or modification.
2. Scope Of License Granted
2.1 Wasp grants to End User a non-exclusive, non-transferable, perpetual license
to use the Software, solely on the Wasp Product in which it is embedded
("designated Wasp Product"), in machine-readable form only, solely for End
User's internal business purposes. This Agreement does not convey ownership of the Software to End User. Title to the Software shall be and remain
with Wasp or the third party from whom Wasp has obtained a licensed right.
As used in this Agreement, the term "purchase" or its equivalents when
applied to the Software shall mean "acquire under license." End User is not
entitled to receipt or use of the source code to any Software.
2.2 End User shall not copy, modify, decompile, disassemble, reverse engineer, or
otherwise reproduce or remanufacture the Software, whether modified or
unmodified, nor sell, assign, sublicense, distribute, lend, rent, give, or otherwise transfer the Software to any other person or organization, for purposes
other than as expressly provided in this Agreement, without Wasp's prior
written consent.
Quick Reference Guide1
3. Transfers, Support
3.1 Any copying, installing, reproduction, remanufacture, reverse engineering,
electronic transfer, or other use of the Software on other than the designated
Wasp Product will be a material breach of this Agreement. However, Wasp
may elect not to terminate this Agreement or the granted licenses, but
instead may elect to notify End User that End User is deemed to have ordered
and accepted a license for each breaching use. End User shall pay Wasp the
applicable list price for such licenses as of the date of such breach.
3.2 End User shall not sell, a ssign, sublicense, distribute, lend, rent, give, or otherwise transfer the Wasp Product to any third party unless such third party
agrees with Wasp in writing to be bound by the terms and conditions of this
Agreement. Any such transfer of the Wasp Product absent such agreement
shall be null and void.
3.3 End User may obtain 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.
4. Intellectual Property
End User acknowledges that the Software constitutes valuable trade secrets of
Wasp or Wasp's third party licensors and that the Software is protected by intellectual property laws and treaties. The license set forth in this Agreement does
not transfer to End User any ownership of Wasp's or its third party licensors' copyrights, patents, trademarks, service marks, trade secrets, or other intellectual property rights and End User shall have no right to commence any legal actions to
obtain such rights. End User shall not remove, modify, or take any other action
that would obscure any copyright, trademark, patent marking, or other intellectual property notices contained in or on the Wasp Product.
5. Proprietary Information
5.1 End User acknowledges that Proprietary Information is the confidential, proprietary, and trade secret property of Wasp and Wasp's third party licensors
and End User acquires no right or interest in any Proprietary Information.
5.2 End User shall not disclose, provide, or otherwise make available the Proprietary Information of Wasp or its third party licensors to any person other than
End User's authorized employees or agents who are under confidentiality
agreement, and End User shall not use the Proprietary Information other
than in conjunction with use of the Wasp Product exclusively for End User's
internal business purposes. End User shall take steps to protect the Proprietary Information no less securely than if it were End User's own intellec tual
property.
5.3 The provisions of this Proprietary Information Section shall sur vive and continue for five (5) years after the termination of this Agreement.
6. Limited Warranty
6.1 Wasp warrants that, under normal use and operation, the Wasp Product will
conform substantially to the applicable Documentation for the period specified in the Documentation. During this period, for all reproducible nonconformities for which Wasp has been given written notice, Wasp will use
commercially reasonable efforts to remedy nonconformities verified by
Wasp. End User agrees to supply Wasp with all reasonably requested information and assistance necessary to help Wasp in remedying such nonconformities. For all defects reported to Wasp within the warranty period, Wasp's
liability is limited to providing End User with one copy of corrections or
responding to End User's problem reports according to Wasp's standard
assistance practices. Wasp does not warrant that the product will meet End
User's requirements or that use of the product will be uninterrupted or error
free, or that Wasp's remedial efforts will correct any nonconformance. This
limited warranty does not cover any product that have been subjected to
damage or abuse, whether intentionally, accidentally, or by neglect, or to
unauthorized repair or unauthorized installation, and shall be void if End User
modifies the product, uses the product in any manner other than as established in the Documentation, or if End User breaches any of the provisions of
2WLS9600
this Agreement.
6.2 EXCEPT AS PROVIDED IN THIS AGREEMENT, THE Wasp PRODUCT IS PROVIDED
"AS IS" AND Wasp MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE PRODUCT, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. Infringement
7.1 Wasp will defend End User against any claim in a lawsuit that the Wasp Product furnished hereunder infringe a United States patent or copyright of a
third party and Wasp will pay any damages finally awarded against End User
by a court of competent jurisdiction that are attributable to such claim or will
pay End User's part of any settlement that is attributable to such claim, provided, that 1) End User notifies Wasp promptly in writing of the claim, 2)
Wasp controls the defense or settlement of the claim, and 3) End User cooperates fully with Wasp in such defense or settlement. All notices of a claim
should be sent to Wasp Barcode Technologies, Legal Department, 959 Terry
Street, Eugene, OR 97402.
7.2 In the defense or settlement of any such claim, Wasp may, at its option, 1)
procure for End User the right to continue using the Wasp Product, 2) modify
the Wasp Product so that it becomes non-infringing, 3) replace the Wasp
Product with an equivalent product not subject to such claim, or 4) provide
End User an opportunity to return the Wasp Product and receive a refund of
the purchase price paid, less a reasonable allowance for use.
7.3 Wasp shall have no liability to End User for claims of infringement based
upon 1) the use of any Wasp Product in combination with any product which
Wasp has not either furnished or authorized for use with such Wasp Product
2) the use of any Wasp Product designed, manufactured, or modified to the
specifications of End User, or 3) End User's modification of the Wasp Product
without written authorization from Wasp.
7.4 THE FOREGOING STATES WASP'S COMPLETE AND ENTIRE OBLIGATION CONCERNING CLAIMS OF PATENT, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT, CANCELS AND SUPERCEDES ANY PRIOR AGREEMENTS,
WHETHER ORAL OR WRITTEN, BET WEEN THE PARTIES CONCERNING SUCH
CLAIMS, AND WILL NOT BE MODIFIED OR AMENDED BY ANY PAST, CONTEMPORANEOUS, OR FUTURE AGREEMENTS OR DEALINGS BETWEEN THE PARTIES, WHETHER ORAL OR WRITTEN, EXCEPT AS SET FORTH IN A FUTURE
WRITING SIGNED BY BOTH PARTIES.
8. Limitation Of Liability
EXCEPT AS PROVIDED IN SECTION 7, WASP SHALL NOT 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 LIABILIT Y, 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 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 HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
9. Government Restricted Rights; International Use
9.1 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.
9.2 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, with U.S. export control laws, and with the English language
version of this Agreement. The provisions of the "United Nations Convention
on International Sale of Goods" shall not apply to this Agreement.
Quick Reference Guide 3
Software Product Policy
10. Termination
10.1 Either party may terminate this Agreement or any license granted under this
Agreement at any time upon written notice if the other party breaches any
provision of this Agreement.
10.2 Upon termination of this Agreement, End User immediately shall cease using
any nonembedded software and shall return to Wasp or destroy all
non-embedded software covered by this Agreement, and shall furnish Wasp
with a certificate of compliance with this provision signed by an officer or
authorized representative of End User. For embedded software, End User
agrees to sign a waiver prepared by Wasp concerning further use of the
embedded Software. End User's resumed or continued use of the embedded
Software after termination shall constitute End User's agreement to be
bound by the terms and conditions of this Agreement for such use.
11. General Provisions
11.1 Entire Agreement; Amendment. This document contains the entire agreement between the parties relating to the licensing of the Soft ware and supersedes all prior or contemporaneous agreements, written or oral, between the
parties concerning the licensing of the Software. This Agreement may not be
changed, amended, or modified except by written document signed by
Wasp.
11.2 Notice. All notices required or authorized under this Agreement shall be
given in writing, and shall be effective when received, with evidence of
receipt. Notices to Wasp shall be sent to the attention of Contract Administration, Wasp Barcode Technologies,1400 10th Street, Plano, Texas, or such other
address as may be specified by Wasp in writing.
11.3 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.
11.4 Governing Law; Venue: This Agreement and the rights of the parties hereunder shall be governed by and construed 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 Us er's assets
are located.
11.5 Attorneys' Fees. 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.
- END -
Software Product Policy
Wasp Barcode Technologies 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.
4WLS9600
WLS9600
1
2
Connect/Disconnect Cable
Connect Host Interface
Keyboard Wedge Interface
Quick Reference Guide5
Aim and Scan
3
012345
012345
RS-232 Interface
USB Interface
Aim and Scan
6WLS9600
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