Tait TM9400 User Manual page 141

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.
S 7 TRANSFERS
ECTION
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. 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.
7.5. If Licensee, as a contractor or
subcontractor (integrator), is
purchasing Tait Designated Products
and licensing Software not for its own
internal use but for end use only by a
Customer, the Licensee may transfer
such Software, but only if a) Licensee
transfers all copies of such Software
and the related Documentation to the
transferee and b) Licensee has first
obtained from its Customer (and, if
Licensee is acting as a subcontractor,
from the interim transferee(s) and from
the ultimate end user sub license) an
enforceable sublicense agreement
that prohibits any other transfer and
that contains restrictions substantially
identical to the terms set forth in this
Software License Agreement. Except
as stated in the foregoing, Licensee
and any transferee(s) authorised by
this Section may not otherwise
transfer or make available any Tait
Software to any third party nor permit
any party to do so. Licensee will, on
request, make available evidence
reasonably satisfactory to Tait
demonstrating compliance with all the
foregoing.
S 8 TERM AND
ECTION
TERMINATION
8.1. Licensee's right to use the
Software and Documentation will
commence when the Designated
Products are supplied by Tait to
Licensee and will continue for the life
of the Designated Products with which
or for which the Software and
Documentation are supplied, unless
Licensee breaches this Agreement, in
which case this Agreement and
Licensee's right to use the Software
and Documentation may be
terminated immediately upon notice by
Tait.
Tait Software Licence Agreement 141