Tait General Software Licence Agreement; Limited Warranty - Tait TM8105 User Manual

Tait general software licence agreement

This legal document is an Agreement between you (the
"Licensee") and Tait Electronics Limited ("Tait"). By using
any of the Software or Firmware items prior-installed in the
related Tait product, included on this CD or downloaded
from the Tait website, (hereinafter referred to as "the Soft-
ware or Firmware") you agree to be bound by the terms of
this Agreement. If you do not agree to the terms of this
Agreement, do not install and use any of the Software or
Firmware. If you install and use any of the Software or
Firmware that will be deemed to be acceptance of the
terms of this licence agreement.
The terms of this agreement shall apply subject only to
any express written terms of agreement to the contrary
between Tait and the Licensee.
Licence
TAIT GRANTS TO YOU AS LICENSEE THE NON
THE SOFTWARE OR FIRMWARE ON A SINGLE MACHINE PROVIDED YOU
:
MAY ONLY
1
COPY THE SOFTWARE OR FIRMWARE INTO ANY MACHINE READABLE
OR PRINTED FORM FOR BACKUP PURPOSES IN SUPPORT OF YOUR
USE OF THE PROGRAM ON THE SINGLE MACHINE
, ,
PROGRAMS HOWEVER MAY INCLUDE MECHANISMS TO LIMIT OR
,
INHIBIT COPYING THEY ARE MARKED
PROVIDED THE COPYRIGHT NOTICE MUST BE REPRODUCED AND
INCLUDED ON ANY SUCH COPY OF THE SOFTWARE OR FIRMWARE
/
AND OR
2
MERGE IT INTO ANOTHER PROGRAM FOR YOUR USE ON THE SINGLE
(
MACHINE ANY PORTION OF ANY SOFTWARE OR FIRMWARE MERGED
INTO ANOTHER PROGRAM WILL CONTINUE TO BE SUBJECT TO THE
TERMS AND CONDITIONS OF THIS AGREEMENT
THE LICENSEE MAY NOT DUPLICATE
REVERSE ASSEMBLE ANY SOFTWARE OR FIRMWARE IN WHOLE OR PART
Title to Software
THIS AGREEMENT DOES NOT CONSTITUTE A CONTRACT OF SALE IN
RELATION TO THE SOFTWARE OR FIRMWARE SUPPLIED TO THE LICENSEE
NOT WITHSTANDING THE LICENSEE MAY OWN THE MAGNETIC OR
OTHER PHYSICAL MEDIA ON WHICH THE SOFTWARE OR FIRMWARE WAS
,
ORIGINALLY SUPPLIED OR HAS SUBSEQUENTLY BEEN RECORDED OR
,
FIXED IT IS A FUNDAMENTAL TERM OF THIS AGREEMENT THAT AT ALL
TIMES TITLE AND OWNERSHIP OF THE SOFTWARE OR FIRMWARE
WHETHER ON THE ORIGINAL MEDIA OR OTHERWISE
VESTED IN TAIT OR THIRD PARTIES WHO HAVE GRANTED LICENCES
.
TO TAIT
Term and Termination
THIS LICENCE SHALL BE EFFECTIVE UNTIL TERMINATED IN ACCORDANCE
WITH THE PROVISIONS OF THIS AGREEMENT
NATE THIS LICENCE AT ANY TIME BY DESTROYING ALL COPIES OF THE
SOFTWARE OR FIRMWARE AND ASSOCIATED WRITTEN MATERIALS
LICENCE WILL BE TERMINATED AUTOMATICALLY AND WITHOUT NOTICE
FROM TAIT IN THE EVENT THAT THE LICENSEE FAILS TO COMPLY WITH
ANY TERM OR CONDITION OF THIS AGREEMENT
TO DESTROY ALL COPIES OF THE SOFTWARE OR FIRMWARE AND ASSOCI
ATED WRITTEN MATERIALS IN THE EVENT OF SUCH TERMINATION
38 Tait general software licence agreement
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EXCLUSIVE RIGHT TO USE
(
CERTAIN
" "),
COPY PROTECTED
).
, ,
MODIFY REVERSE COMPILE OR
,
,
SHALL REMAIN
.
THE LICENSEE MAY TERMI
.
THIS
.
THE LICENSEE AGREES
.

Limited Warranty

THE SOFTWARE OR FIRMWARE IS SUPPLIED BY TAIT AND ACCEPTED BY
" "
THE LICENSEE AS IS WITHOUT WARRANTY OF ANY KIND EITHER
,
EXPRESSED OR IMPLIED
IMPLIED WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR ANY
.
PARTICULAR PURPOSE THE LICENSEE ACKNOWLEDGES THAT THE SOFT
WARE OR FIRMWARE IS USED BY IT IN BUSINESS AND ACCORDINGLY TO
THE MAXIMUM EXTENT PERMITTED BY LAW NO TERMS OR WARRANTIES
WHICH ARE IMPLIED BY LEGISLATION SHALL APPLY TO THIS AGREEMENT
TAIT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
SOFTWARE OR FIRMWARE WILL MEET THE LICENSEE
OR THAT THE OPERATION OF THE SOFTWARE OR FIRMWARE WILL BE
UNINTERRUPTED OR ERROR FREE
Exclusion of Liability
'
TAIT S ENTIRE LIABILITY AND THE LICENSEE
:
BE THE FOLLOWING
1
IN NO CIRCUMSTANCES SHALL TAIT BE UNDER ANY LIABILITY TO THE
,
LICENSEE OR ANY OTHER PERSON WHATSOEVER
CONSEQUENTIAL DAMAGE ARISING OUT OF OR IN CONNECTION WITH
ANY USE OR INABILITY OF USING THE SOFTWARE OR FIRMWARE
2
TAIT WARRANTS THE OPERATION OF THE SOFTWARE OR FIRMWARE
ONLY WITH THE OPERATING SYSTEM FOR WHICH IT WAS DESIGNED
USE OF THE SOFTWARE OR FIRMWARE WITH AN OPERATING SYSTEM
OTHER THAN THAT FOR WHICH IT WAS DESIGNED MAY NOT BE
,
SUPPORTED BY TAIT
;
General
THE LICENSEE CONFIRMS THAT IT SHALL COMPLY WITH THE PROVISIONS
OF LAW IN RELATION TO THE SOFTWARE OR FIRMWARE
Law and Jurisdiction
THIS AGREEMENT SHALL BE SUBJECT TO AND CONSTRUED IN ACCORD
ANCE WITH NEW ZEALAND LAW AND DISPUTES BETWEEN THE PARTIES
CONCERNING THE PROVISIONS HEREOF SHALL BE DETERMINED BY THE
.
NEW ZEALAND COURTS OF LAW
ELECTION BRING PROCEEDINGS FOR BREACH OF THE TERMS HEREOF OR
FOR THE ENFORCEMENT OF ANY JUDGEMENT 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
No Dealings
THE LICENSEE MAY NOT SUBLICENSE
OR THE PROGRAM EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT
ANY ATTEMPT OTHERWISE TO SUBLICENSE
,
THE RIGHTS DUTIES OR OBLIGATIONS HEREUNDER IS VOID
No Other Terms
THE LICENSEE ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT
UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDI
-
.
TIONS THE LICENSEE FURTHER AGREES THAT SUBJECT ONLY TO ANY
EXPRESS WRITTEN TERMS OF AGREEMENT TO THE CONTRARY BETWEEN TAIT
AND THE LICENSEE THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF
THE AGREEMENT BETWEEN IT AND TAIT IN RELATION TO THE SOFTWARE OR
FIRMWARE WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT
ORAL OR WRITTEN AND ANY OTHER COMMUNICATIONS BETWEEN THE
-
LICENSEE AND TAIT RELATING TO THE SOFTWARE OR FIRMWARE
INCLUDING BUT NOT BEING LIMITED TO ANY
'
S REQUIREMENTS
.
'
S EXCLUSIVE REMEDY SHALL
,
FOR ANY DIRECT OR
UNLESS OTHERWISE EXPRESSLY AGREED BY TAIT
.
.
PROVIDED HOWEVER TAIT MAY AT ITS
,
ASSIGN OR TRANSFER THE LICENCE
,
ASSIGN OR TRANSFER ANY OF
-
.
.
.
.
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.
.
,
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