Tait General Software Licence Agreement - Tait TM9100 Installation 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 CD or downloaded 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 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
RIGHT TO USE 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 CERTAIN PROGRAMS
MECHANISMS TO LIMIT OR INHIBIT COPYING
" "),
MARKED COPY PROTECTED 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
COMPILE OR REVERSE ASSEMBLE ANY SOFTWARE OR
.
FIRMWARE IN WHOLE OR PART
Important Notice
THE SOFTWARE OR FIRMWARE MAY CONTAIN OPEN SOURCE
("
SOFTWARE COMPONENTS OPEN SOURCE COMPONENTS
OPEN SOURCE COMPONENTS ARE EXCLUDED FROM THE
TERMS OF THIS AGREEMENT EXCEPT AS EXPRESSLY STATED IN
THIS AGREEMENT AND ARE COVERED BY THE TERMS OF THEIR
RESPECTIVE LICENCES WHICH MAY EXCLUDE OR LIMIT ANY
WARRANTY FROM OR LIABILITY OF THE DEVELOPERS AND
COPYRIGHT HOLDERS OF THE OPEN SOURCE COMPONENT
FOR THE PERFORMANCE OF THOSE OPEN SOURCE
.
COMPONENTS YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS OF EACH SUCH LICENCE
:
INFORMATION SEE
:// . .
HTTP SUPPORT TAITWORLD COM
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
HAS SUBSEQUENTLY BEEN RECORDED OR FIXED
FUNDAMENTAL TERM OF THIS AGREEMENT THAT AT ALL
TIMES TITLE AND OWNERSHIP OF THE SOFTWARE OR
,
FIRMWARE WHETHER ON THE ORIGINAL MEDIA OR
,
OTHERWISE SHALL REMAIN 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
THE LICENSEE MAY TERMINATE THIS LICENCE AT ANY TIME BY
DESTROYING ALL COPIES OF THE SOFTWARE OR FIRMWARE
AND ASSOCIATED WRITTEN MATERIALS
TERMINATED AUTOMATICALLY AND WITHOUT NOTICE FROM
TAIT IN THE EVENT THAT THE LICENSEE FAILS TO COMPLY
WITH ANY TERM OR CONDITION OF THIS AGREEMENT
LICENSEE AGREES TO DESTROY ALL COPIES OF THE SOFTWARE
OR FIRMWARE AND ASSOCIATED WRITTEN MATERIALS IN THE
.
EVENT OF SUCH TERMINATION
28 Tait General Software Licence Agreement
-
EXCLUSIVE
:
,
HOWEVER MAY INCLUDE
,
THEY ARE
;
, ,
MODIFY REVERSE
").
/
OR
.
FOR MORE
/ /
GO OPENSOURCE
,
OR
,
IT IS A
.
.
.
THIS LICENCE WILL BE
.
THE
Limited Warranty
(
THE SOFTWARE OR FIRMWARE
)
COMPONENTS IS SUPPLIED BY TAIT AND ACCEPTED BY THE
" "
LICENSEE AS IS WITHOUT WARRANTY OF ANY KIND EITHER
,
EXPRESSED OR IMPLIED INCLUDING BUT NOT BEING LIMITED
TO ANY IMPLIED WARRANTIES AS TO MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE
ACKNOWLEDGES THAT THE SOFTWARE OR FIRMWARE
(
INCLUDING OPEN SOURCE COMPONENTS
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
)
COMPONENTS WILL MEET THE LICENSEE
THAT THE OPERATION OF THE SOFTWARE OR FIRMWARE
(
INCLUDING OPEN SOURCE COMPONENTS
UNINTERRUPTED OR ERROR FREE
Exclusion of Liability
IN NO CIRCUMSTANCES SHALL TAIT BE UNDER ANY LIABILITY
,
TO THE LICENSEE OR ANY OTHER PERSON WHATSOEVER
(
WHETHER IN TORT INCLUDING NEGLIGENCE
(
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT
, ,
EQUITY UNDER ANY STATUTE OR OTHERWISE AT LAW FOR
ANY LOSSES OR DAMAGES WHETHER GENERAL
, , ,
EXEMPLARY PUNITIVE DIRECT
CONSEQUENTIAL ARISING OUT OF OR IN CONNECTION WITH
ANY USE OR INABILITY OF USING THE SOFTWARE OR
(
FIRMWARE INCLUDING OPEN SOURCE COMPONENTS
'
THE LICENSEE S SOLE REMEDY AGAINST TAIT WILL BE LIMITED
TO BREACH OF CONTRACT AND TAIT
LIABILITY FOR ANY SUCH CLAIM SHALL BE LIMITED AT THE
OPTION OF TAIT TO THE REPAIR OR REPLACEMENT OF THE
SOFTWARE OR FIRMWARE OR THE REFUND OF THE PURCHASE
PRICE OF THE SOFTWARE OR FIRMWARE
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
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 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
THE LICENCE OR THE PROGRAM EXCEPT AS EXPRESSLY
.
PROVIDED IN THIS AGREEMENT ANY ATTEMPT OTHERWISE TO
,
SUBLICENSE ASSIGN OR TRANSFER ANY OF 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 CONDITIONS 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
ANY OTHER COMMUNICATIONS BETWEEN THE LICENSEE AND
TAIT RELATING TO THE SOFTWARE OR FIRMWARE
© Tait Electronics Limited August 2005
INCLUDING OPEN SOURCE
.
THE LICENSEE
)
IS USED BY IT IN
.
(
INCLUDING OPEN SOURCE
'
S REQUIREMENTS OR
)
WILL BE
.
,
),
CONTRACT
),
, ,
SPECIAL
INDIRECT OR
).
'
S SOLE AND TOTAL
.
.
,
ASSIGN OR TRANSFER
,
.
,
ORAL OR WRITTEN AND
.
TM9100 Installation Guide