Tait TM9400 User Manual page 143

11.5. THIRD-PARTY
BENEFICIARIES. This Agreement is
entered into solely for the benefit of
Tait and Licensee. No third party has
the right to make any claim or assert
any right under this Agreement, and no
third party is deemed a beneficiary of
this Agreement. Notwithstanding the
foregoing, any licensor or supplier of
third-party software included in the
Software will be a direct and intended
third-party beneficiary of this
Agreement.
11.6. SURVIVAL. Sections 4, 5, 6.3, 7,
8, 9, 10, and 11 survive the termination
of this Agreement.
11.7. ORDER OF PRECEDENCE. In
the event of inconsistencies between
this Agreement and any other
Agreement between the parties, the
parties agree that, with respect to the
specific subject matter of this
Agreement, this Agreement prevails.
11.8 SECURITY. Tait uses reasonable
means in the design and writing of its
own Software and the acquisition of
third-party Software in order to limit
Security Vulnerabilities. While no
software can be guaranteed to be free
from Security Vulnerabilities, if a
Security Vulnerability is discovered,
Tait will take the steps specified in
Section 6 of this Agreement.
11.9 EXPORT. Licensee will not
transfer, directly or indirectly, any
Designated Product, Documentation
or Software furnished hereunder or the
direct product of such Documentation
or Software to any country for which
New Zealand or any other applicable
country requires an export license or
other governmental approval without
first obtaining such license or
approval.
11.10 SEVERABILITY. In the event
that any part or parts of this Agreement
shall be held illegal or null and void by
any court or administrative body of
competent jurisdiction, such
determination shall not affect the
remaining terms which shall remain in
full force and effect as if such part or
parts held to be illegal or void had not
been included in this Agreement. Tait
may replace the invalid or
unenforceable provision with a valid
and enforceable provision that
achieves the original intent and
economic effect of this Agreement.
11.11 CONSUMER GUARANTEES.
Licensee acknowledges that the
licenses supplied in terms of this
agreement are supplied to Licensee in
business, and that the guarantees and
other provisions of prevailing
consumer protection legislation shall
not apply.
11.12 WHOLE AGREEMENT.
Licensee acknowledges that it has
read this Agreement, understands it
and agrees to be bound by its terms
and conditions. Licensee also agrees
that, subject only to the express terms
of any other agreement between Tait
and Licensee to the contrary, this is
the complete and exclusive statement
of the Agreement between it and Tait
in relation to the Software. This
Agreement supersedes any proposal
or prior agreement, oral or written, and
any other communications between
Licensee and Tait relating to the
Software and the Designated
Products.
Tait Software Licence Agreement 143