Tait TM9300 DMR Installation Manual page 42

solely in connection with Licensee's use of the
Designated Products for the useful life of the
Designated Products. This Agreement does not
grant any rights to source code.
3.2. If the Software licensed under this Agree-
ment contains or is derived from Open Source
Software, the terms and conditions governing
the use of such Open Source Software are in the
Open Source Software Licenses of the copy-
right owner and not in this Agreement. If there
is a conflict between the terms and conditions of
this Agreement and the terms and conditions of
the any applicable Open Source Software
Licenses, the terms and conditions of the Open
Source Software Licenses will take precedence.
For information about Open Source Compo-
nents contained in Tait products and the related
Open Source licenses, see:
http://support.taitradio.com/go/opensource
Section 4 LIMITATIONS ON USE
4.1. Licensee may use the Software only for
Licensee's internal business purposes and only
in accordance with the Documentation. Any
other use of the Software is strictly prohibited.
Without limiting the general nature of these
restrictions, Licensee will not make the Soft-
ware available for use by third parties on a "time
sharing," "application service provider," "ser-
vice bureau" basis, or for any other similar com-
mercial rental or sharing arrangement.
4.2. Licensee will not, and will not directly or
indirectly allow or enable any third party to: (i)
reverse engineer, disassemble, extract compo-
nents, decompile, reprogram, or otherwise
reduce the Software or any portion thereof to a
human perceptible form or otherwise attempt to
recreate the source code; (ii) modify, adapt, cre-
ate derivative works of, or merge the Software;
(iii) copy, reproduce, distribute, lend, or lease
the Software or Documentation to any third
party; (iv) grant any sublicense or other rights in
the Software or Documentation to any third
party; (v) take any action that would cause the
Software or Documentation to be placed in the
public domain; (vi) remove, or in any way alter
or obscure any copyright notice or other notice
of Tait or third-party licensor's proprietary
rights; (vii) provide, copy, transmit, disclose,
divulge or make the Software or Documentation
available to, or permit the use of the Software
by, any third party or on any machine except as
expressly authorized by this Agreement; or
(viii) use, or permit the use of, the Software in a
manner that would result in the production of a
copy of the Software by any means whatsoever
other than what is permitted in this Agreement.
Licensee may make one copy of the Software to
be used solely for archival, back-up, or disaster
recovery purposes; provided that Licensee may
not operate that copy of the Software at the same
time as the original Software is being operated.
Licensee may make as many copies of the Doc-
umentation as it may reasonably require for the
internal use of the Software.
4.3. Unless otherwise authorized by Tait in writ-
ing, Licensee will not, and will not enable or
allow any third party to: (i) install a copy of the
42 Tait General Software Licence Agreement
Software on more than one unit of a Designated
Product; or (ii) copy or transfer Software
installed on one unit of a Designated Product to
any other device. Licensee may temporarily
transfer Software installed on a Designated
Product to another device if the Designated
Product is inoperable or malfunctioning. Tem-
porary transfer of the Software to another device
must be discontinued when the original Desig-
nated Product is returned to operation and the
Software must be removed from the other
device.
4.4. Licensee will maintain, during the term of
this Agreement and for a period of two years
thereafter, accurate records relating to this
license grant to verify compliance with this
Agreement. Tait, or a third party nominated by
Tait, may inspect Licensee's premises, books
and records, upon reasonable prior notice to
Licensee, during Licensee's normal business
hours and subject to Licensee's facility and
security regulations. Tait is responsible for the
payment of all expenses and costs of the inspec-
tion, provided that Licensee shall indemnify
Tait for all costs (including audit costs and legal
costs on a solicitor client basis) if Licensee has
breached the terms of this Agreement. Any
information obtained by Tait during the course
of the inspection will be kept in strict confi-
dence by Tait and used solely for the purpose of
verifying Licensee's compliance with the terms
of this Agreement.
Section 5 OWNERSHIP AND TITLE
Tait, its licensors, and its suppliers retain all of
their Intellectual Property Rights in and to the
Software and Documentation, in any form. No
rights are granted to Licensee under this Agree-
ment by implication, estoppel or otherwise,
except for those rights which are expressly
granted to Licensee in this Agreement. All Intel-
lectual Property developed, originated, or pre-
pared by Tait in connection with providing the
Software, Designated Products, Documenta-
tion, or related services, remains vested exclu-
sively in Tait, and Licensee will not have any
shared development or other Intellectual Prop-
erty Rights.
Section 6 LIMITED WARRANTY;
DISCLAIMER OF WARRANTY
6.1. The commencement date and the term of
the Software warranty will be a period of one (1)
year from Tait shipment of the Software. If
Licensee is not in breach of any obligations
under this Agreement, Tait warrants that the
unmodified Software, when used properly and
in accordance with the Documentation and this
Agreement, will be free from a reproducible
defect that eliminates the functionality or suc-
cessful operation of a feature critical to the pri-
mary functionality or successful operation of
the Software. Whether a defect has occurred
will be determined solely by Tait. Tait does not
warrant that Licensee's use of the Software or
the Designated Products will be uninterrupted,
error-free, completely free of Security Vulnera-
bilities, or that the Software or the Designated
TM9300/TM9400 Installation Guide
© Tait Limited December 2015