Tait General Software Licence Agreement; Limited Warranty - Tait TM8200 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 down-
loaded from the Tait website, (hereinafter referred to as
"the Software 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 accept-
ance 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 RELA
TION TO THE SOFTWARE OR FIRMWARE SUPPLIED TO THE LICENSEE
WITHSTANDING THE LICENSEE MAY OWN THE MAGNETIC OR OTHER
PHYSICAL MEDIA ON WHICH THE SOFTWARE OR FIRMWARE WAS ORIGI
,
NALLY SUPPLIED OR HAS SUBSEQUENTLY BEEN RECORDED OR FIXED
IS A FUNDAMENTAL TERM OF THIS AGREEMENT THAT AT ALL TIMES TITLE
AND OWNERSHIP OF THE SOFTWARE OR FIRMWARE
,
ORIGINAL MEDIA OR OTHERWISE
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 ASSO
CIATED WRITTEN MATERIALS IN THE EVENT OF SUCH TERMINATION
56 Tait general software licence agreement
-
EXCLUSIVE RIGHT TO USE
(
CERTAIN
" "),
COPY PROTECTED
).
, ,
MODIFY REVERSE COMPILE OR
.
,
WHETHER ON THE
SHALL REMAIN VESTED IN TAIT OR
.
.
THE LICENSEE MAY TERMI
.
.
THE LICENSEE AGREES

Limited Warranty

THE SOFTWARE OR FIRMWARE IS SUPPLIED BY TAIT AND ACCEPTED BY
"
THE LICENSEE AS IS
EXPRESSED OR IMPLIED
IMPLIED WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE
WARE OR FIRMWARE IS USED BY IT IN BUSINESS AND ACCORDINGLY TO
THE MAXIMUM EXTENT PERMITTED BY LAW NO TERMS OR WARRAN
TIES WHICH ARE IMPLIED BY LEGISLATION SHALL APPLY TO THIS AGREE
.
MENT TAIT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE SOFTWARE OR FIRMWARE WILL MEET THE LICENSEE
MENTS 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
NOT
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
,
IT
No Dealings
THE LICENSEE MAY NOT SUBLICENSE
OR THE PROGRAM EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREE
.
MENT ANY ATTEMPT OTHERWISE TO SUBLICENSE
,
ANY OF THE RIGHTS
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
THIS
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
"
WITHOUT WARRANTY OF ANY KIND EITHER
,
INCLUDING BUT NOT BEING LIMITED TO ANY
.
THE LICENSEE ACKNOWLEDGES THAT THE SOFT
.
'
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
DUTIES OR OBLIGATIONS HEREUNDER IS VOID
-
-
-
' -
S REQUIRE
.
.
.
.
-
.
-
.
,
-
,