Since when is the lack of information, confirmation?
If that were the case, it would have been the premier excuse, and it would have been immediate. There have been enough exchanges with ample opportunity to confirm such a scenario - but no, so we can safely assume there is no clause barring any action.
If you are blocked from doing something, wouldn't that information be the first words out of your mouth when asked why?
Also, any contract can be ignored, amended, or modified if they both wanted the customer to receive the benefit. It is clear Whistler does not want to do it. It's not RS, they would like nothing more than to have it happen.
It does not take a genius to figure this one out, the facts logically bear themselves out.
As for me, I don't have a stake in it either way, so I am probably one of the most neutral in this. I just find it very interesting that people defend Whistler no matter what, and dream up plausible (yet unsubstantiated) scenarios where it is somehow possibly out of Wendy's hands to update a product they manufactured.
I'll say it again - there's nothing about the contract preventing them at all, or it would have been brought up many months ago. To do so now would be highly suspect and I don't think anybody would believe it at this point in time anyway. Furthermore, word from RS is that they were in negotiations but Whistler seemed unwilling to do anything.
I know where the problem is, and I think many others do too.