Tait TM9300 DMR Installation Manual page 44

otherwise at law for any losses or damages
whether general, special, exemplary, punitive,
direct, indirect, or consequential arising out of
or in connection with any use or inability of
using the Software.
10.2. Licensee's sole remedy against Tait will be
limited to breach of contract and Tait sole and
total liability for any such claim shall be limited
at the option of Tait to the repair or replacement
of the Software or the refund of the purchase
price of the Software.
Section 11 GENERAL
11.1. COPYRIGHT NOTICES. The existence
of a copyright notice on the Software will not be
construed as an admission or presumption of
publication of the Software or public disclosure
of any trade secrets associated with the Soft-
ware.
11.2. COMPLIANCE WITH LAWS. Licensee
acknowledges that the Software may be subject
to the laws and regulations of the jurisdiction
covering the supply of the Designated Products
and will comply with all applicable laws and
regulations, including export laws and regula-
tions, of that country.
11.3. ASSIGNMENTS
TRACTING. Tait may assign its rights or sub-
contract its obligations under this Agreement, or
encumber or sell its rights in any Software,
without prior notice to, or consent of, Licensee.
11.4. GOVERNING LAW. This Agreement
shall be subject to and construed in accordance
with New Zealand law and disputes between the
parties concerning the provisions hereof shall be
determined by the New Zealand Courts of Law.
Provided however Tait may at its election bring
proceedings for breach of the terms hereof or for
the enforcement of any judgment in relation to a
breach of the terms hereof in any jurisdiction
Tait considers fit for the purpose of ensuring
compliance with the terms hereof or obtaining
relief for breach of the terms hereof.
11.5. THIRD-PARTY BENEFICIARIES. This
Agreement is entered into solely for the benefit
of Tait and Licensee. No third party has the right
to make any claim or assert any right under this
Agreement, and no third party is deemed a ben-
eficiary of this Agreement. Notwithstanding the
foregoing, any licensor or supplier of third-party
software included in the Software will be a
direct and intended third-party beneficiary of
this Agreement.
11.6. SURVIVAL. Sections 4, 5, 6.3, 7, 8, 9, 10,
and 11 survive the termination of this Agree-
ment.
11.7. ORDER OF PRECEDENCE. In the event
of inconsistencies between this Agreement and
any other Agreement between the parties, the
parties agree that, with respect to the specific
subject matter of this Agreement, this Agree-
ment prevails.
11.8. SECURITY. Tait uses reasonable means in
the design and writing of its own Software and
the acquisition of third-party Software in order
to limit Security Vulnerabilities. While no sof-
tware can be guaranteed to be free from Security
Vulnerabilities, if a Security Vulnerability is
44 Tait General Software Licence Agreement
AND SUBCON-
discovered, Tait will take the steps specified in
Section 6 of this Agreement.
11.9. EXPORT. Licensee will not transfer,
directly or indirectly, any Designated Product,
Documentation or Software furnished hereun-
der or the direct product of such Documentation
or Software to any country for which New Zea-
land or any other applicable country requires an
export license or other governmental approval
without first obtaining such license or approval.
11.10. SEVERABILITY. In the event that any
part or parts of this Agreement shall be held ille-
gal or null and void by any court or administra-
tive body of competent jurisdiction, such deter-
mination shall not affect the remaining terms
which shall remain in full force and effect as if
such part or parts held to be illegal or void had
not been included in this Agreement. Tait may
replace the invalid or unenforceable provision
with a valid and enforceable provision that
achieves the original intent and economic effect
of this Agreement.
11.11. CONSUMER GUARANTEES. Licensee
acknowledges that the licenses supplied in
terms of this agreement are supplied to Licensee
in business, and that the guarantees and other
provisions of prevailing consumer protection
legislation shall not apply.
11.12. WHOLE AGREEMENT. Licensee
acknowledges that it has read this Agreement,
understands it and agrees to be bound by its
terms and conditions. Licensee also agrees that,
subject only to the express terms of any other
agreement between Tait and Licensee to the
contrary, this is the complete and exclusive
statement of the Agreement between it and Tait
in relation to the Software. This Agreement
supersedes any proposal or prior agreement,
oral or written, and any other communications
between Licensee and Tait relating to the Soft-
ware and the Designated Products.
TM9300/TM9400 Installation Guide
© Tait Limited December 2015