Tait TM8000 Service Manual page 62

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 successful operation of a
feature critical to the primary 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
Vulnerabilities, or that the Software or the
Designated Products will meet Licensee's
particular requirements. Tait makes no
representations or warranties with respect to
any third-party software included in the
Software.
6.2 Tait sole obligation to Licensee, and
Licensee's exclusive remedy under this
warranty, is to use reasonable efforts to remedy
any material Software defect covered by this
warranty. These efforts will involve either
replacing the media or attempting to correct
significant, demonstrable program or
documentation errors or Security
Vulnerabilities. If Tait cannot correct the
defect within a reasonable time, then at Tait
option, Tait will replace the defective Software
with functionally equivalent Software, license
to Licensee substitute Software which will
accomplish the same objective, or terminate
the license and refund Licensee's paid license
fee. If Tait investigation of the perceived defect
reveals that no such defect in fact exists, Tait
may recover its costs in respect of such
investigation from Licensee.
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6.3. Tait disclaims any and all other warranties
relating to the Software or Documentation
other than the express warranties set forth in
this Section 6. Warranties in Section 6 are in
lieu of all other warranties whether express or
implied, oral or written, and including
without limitation any and all implied
warranties of condition, title, non-
infringement, merchantability, or fitness for a
particular purpose or use by Licensee
(whether Tait knows, has reason to know, has
been advised of, or is otherwise aware of any
such purpose or use), whether arising by law,
by reason of custom or usage of trade, or by
course of dealing. In addition, Tait disclaims
any warranty to any person other than
Licensee with respect to the Software or
Documentation.
Section 7 TRANSFERS
7.1. Licensee will not transfer the Software or
Documentation to any third party without
specific prior written consent from Tait. Tait
may withhold such consent or at its own
discretion make the consent conditional upon
the transferee paying applicable license fees
and agreeing to be bound by this Agreement.
7.2. In the case of a value-added reseller or
distributor of Tait Designated Products, the
consent referred to in Section 7.1 may be
contained in a Tait Reseller or Tait Distributor
Agreement.
7.3. If the Designated Products are Tait
vehicle-mounted mobile products or hand-
carried portable radio products and Licensee
transfers ownership of the Tait mobile or
portable radio products to a third party,
Licensee may assign its right to use the
Software which is embedded in or furnished
for use with the radio products and the related
Documentation; provided that Licensee
transfers all copies of the Software and
Documentation to the transferee.
7.4. For the avoidance of any doubt, Section
7.3 excludes TaitNet Infrastructure, or the
products listed at any time under network
products at: http://www.taitradio.com
TA2922 Universal Line Interface Service Manual
© Tait Electronics Limited March 2010