Tait Software License Agreement - Tait TP9500 User Manual

Tait Software License Agreement

This Software License Agreement ("Agreement") is
between you ("Licensee") and Tait International Limited
("Tait").
By using any of the Software items embedded and pre-
loaded in the related Tait Designated Product, included
on CD, downloaded from the Tait website, or provided in
any other form, 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 or use any of the Software. If
you install or use any of the Software, that will be
deemed to be acceptance of the terms of this Agree-
ment.
For good and valuable consideration, the parties agree
as follows:
Section 1 DEFINITIONS
"Confidential Information" means all or any information
supplied to or received by Licensee from Tait, whether
before or after installation or use and whether directly or
indirectly pertaining to the Software and Documentation
supplied by Tait, including without limitation all inform-
ation relating to the Designated Products, hardware,
software; copyright, design registrations, trademarks;
operations, processes, and related business affairs of
Tait; and including any other goods or property supplied
by Tait to Licensee pursuant to the terms of this Agree-
ment.
"Designated Products" means products provided by
Tait to Licensee with which or for which the Software
and Documentation is licensed for use.
"Documentation" means product and software doc-
umentation that specifies technical and performance fea-
tures and capabilities; user, operation, and training
manuals for the Software; and all physical or electronic
media upon which such information is provided.
"Executable Code" means Software in a form that can
be run in a computer and typically refers to machine lan-
guage, which is comprised of native instructions the
computer carries out in hardware. Executable code may
also refer to programs written in interpreted languages
that require additional software to actually execute.
"Intellectual Property Rights" and "Intellectual Prop-
erty" mean the following or their substantial equivalents
or counterparts, recognized by or through action before
any governmental authority in any jurisdiction through-
out the world and including, but not limited to all rights in
patents, patent applications, inventions, copyrights,
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trademarks, trade secrets, trade names, and other pro-
prietary rights in or relating to the Software and Docu-
mentation; including any adaptations, corrections, de-
compilations, disassemblies, emulations, enhance-
ments fixes, modifications, translations and updates to
or derivative works from, the Software or Docu-
mentation, whether made by Tait or another party, or
any improvements that result from Tait processes or,
provision of information services.
"Licensee" means any individual or entity that has
accepted the terms of this License.
"Open Source Software" means software with freely
obtainable source code and license for modification, or
permission for free distribution.
"Open Source Software License" means the terms or
conditions under which the Open Source Software is
licensed.
"Person" means any individual, partnership, cor-
poration, association, joint stock company, trust, joint
venture, limited liability company, governmental author-
ity, sole proprietorship, or other form of legal entity recog-
nized by a governmental authority.
"Security Vulnerability" means any flaw or weakness
in system security procedures, design, implementation,
or internal controls that if exercised (accidentally
triggered or intentionally exploited) could result in a
security breach such that data is compromised, manip-
ulated, or stolen, or a system is damaged.
"Software" (i) means proprietary software in executable
code format, and adaptations, translations, de-com-
pilations, disassemblies, emulations, or derivative
works of such software; (ii) means any modifications,
new versions and new releases of the software provided
by Tait; ( iii) means any upgrades, enhancements or
other functions or features to the Software provided by
Tait; and (iv) may contain one or more items of software
owned by a third-party supplier. The term "Software"
includes the applicable "Software Key" and does not
include any third-party software provided under separate
license or not licensable under the terms of this Agree-
ment.
"Source Code" means software expressed in human
readable language necessary for understanding, main-
taining, modifying, correcting, and enhancing any soft-
ware referred to in this Agreement and includes all