Tait TM8260 User Manual page 68

"Software" (i) means proprietary software
in executable code format, and adaptations,
translations, de-compilations, disassemblies,
emulations, or derivative works of such
software; (ii) means any modifications,
enhancements, new versions and new
releases of the software provided by Tait; and
(iii) may contain one or more items of
software owned by a third-party supplier. The
term "Software" does not include any third-
party software provided under separate
license or not licensable under the terms of
this Agreement.
"Source Code" means software expressed
in human readable language necessary for
understanding, maintaining, modifying,
correcting, and enhancing any software
referred to in this Agreement and includes all
states of that software prior to its compila-
tion into an executable programme.
"Tait" means Tait Limited and includes its
Affiliates.
Section 2 SCOPE
This Agreement contains the terms and
conditions of the license Tait is providing to
Licensee, and of Licensee's use of the Soft-
ware and Documentation. Tait and Licensee
enter into this Agreement in connection with
Tait delivery of certain proprietary Software
and/or products containing embedded or pre-
loaded proprietary Software.
Section 3 GRANT OF LICENSE
3.1. Subject to the provisions of this Agree-
ment and the payment of applicable license
fees, Tait grants to Licensee a personal,
limited, non-transferable (except as permit-
ted in Section 7), and non-exclusive license to
use the Software in executable code form,
and the Documentation, solely in connection
with Licensee's use of the Designated Prod-
ucts for the useful life of the Designated
Products. This Agreement does not grant any
rights to source code.
3.2. If the Software licensed under this
Agreement contains or is derived from Open
Source Software, the terms and conditions
governing the use of such Open Source Soft-
ware are in the Open Source Software
Licenses of the copyright owner and not in
this Agreement. If there is a conflict between
the terms and conditions of this Agreement
and the terms and conditions of the any
applicable Open Source Software Licenses,
the terms and conditions of the Open Source
Software Licenses will take precedence. For
information about Open Source Components
contained in Tait products and the related
Open Source licenses, see:
http://support.taitradio.com/go/opensource
Section 4 LIMITATIONS ON USE
4.1. Licensee may use the Software only for
Licensee's internal business purposes and
only in accordance with the Documentation.
Any other use of the Software is strictly
prohibited. Without limiting the general
nature of these restrictions, Licensee will not
make the Software available for use by third
parties on a "time sharing," "application
service provider," "service bureau" basis, or
for any other similar commercial rental or
sharing arrangement.
4.2. Licensee will not, and will not directly or
indirectly allow or enable any third party to:
(i) reverse engineer, disassemble, extract
components, decompile, reprogram, or other-
wise reduce the Software or any portion
thereof to a human perceptible form or
otherwise attempt to recreate the source
code; (ii) modify, adapt, create derivative
works of, or merge the Software; (iii) copy,
reproduce, distribute, lend, or lease the Soft-
ware or Documentation to any third party;
(iv) grant any sublicense or other rights in the
Software or Documentation to any third
party; (v) take any action that would cause
the Software or Documentation to be placed
in the public domain; (vi) remove, or in any
way alter or obscure any copyright notice or
other notice of Tait or third-party licensor's
proprietary rights; (vii) provide, copy, trans-
mit, disclose, divulge or make the Software or
Documentation available to, or permit the
use of the Software by, any third party or on
Tait general software licence agreement 69