Tait Software Licence Agreement - Tait TM8250 Operator's Manual

Tait Software Licence Agreement

This Software License Agreement ("Agree-
ment") is between you ("Licensee") and Tait
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 accep-
tance of the terms of this Agreement.
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 indi-
rectly pertaining to the Software and Docu-
mentation supplied by Tait, including without
limitation all information relating to the Desig-
nated Products, hardware, software; copy-
right, design registrations, trademarks;
operations, processes, and related business
affairs of Tait; and including any other goods
or property supplied by Tait to Licensee pursu-
ant to the terms of this Agreement.
"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 documentation that specifies techni-
cal and performance features 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 typi-
cally refers to machine language, which is
comprised of native instructions the computer
carries out in hardware. Executable code may
135 Tait general software licence agreement
also refer to programs written in interpreted
languages that require additional software to
actually execute.
"Intellectual Property Rights" and
"Intellectual Property" mean the following
or their substantial equivalents or counter-
parts, recognized by or through action before
any governmental authority in any jurisdiction
throughout the world and including, but not
limited to all rights in patents, patent applica-
tions, inventions, copyrights, trademarks, trade
secrets, trade names, and other proprietary
rights in or relating to the Software and Docu-
mentation; including any adaptations, correc-
tions, de-compilations, disassemblies,
emulations, enhancements fixes, modifica-
tions, translations and updates to or derivative
works from, the Software or Documentation,
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 distri-
bution.
"Open Source Software License" means
the terms or conditions under which the Open
Source Software is licensed.
"Person" means any individual, partnership,
corporation, association, joint stock company,
trust, joint venture, limited liability company,
governmental authority, sole proprietorship, or
other form of legal entity recognized 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 secu-
rity breach such that data is compromised,
manipulated, or stolen, or a system is
damaged.