Licence agreement 41
Licence agreement
This legal document is an Agreement between you
(the “Licensee”) and Tait Electronics Limited (“Tait”).
By using any of the Software or Firmware items prior-
installed in the related Tait product, included on CD or
downloaded from the Tait website, (hereinafter
referred to as “the Software or Firmware”) 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 and use any of the Software or Firmware. If you
install and use any of the Software or Firmware that
will be deemed to be acceptance of the terms of this
licence agreement.
The terms of this Agreement shall apply subject only to
any express written terms of agreement to the
contrary between Tait and the Licensee.
LICENCE
TAIT GRANTS TO YOU AS LICENSEE THE NON-EXCLUSIVE RIGHT
TO USE THE SOFTWARE OR FIRMWARE ON A SINGLE MACHINE
PROVIDED YOU MAY ONLY:
1
COPY THE SOFTWARE OR FIRMWARE INTO ANY MACHINE
READABLE OR PRINTED FORM FOR BACKUP PURPOSES IN
SUPPORT OF YOUR USE OF THE PROGRAM ON THE SINGLE
MACHINE (CERTAIN PROGRAMS, HOWEVER, MAY INCLUDE
MECHANISMS TO LIMIT OR INHIBIT COPYING, THEY ARE
MARKED “COPY PROTECTED”), PROVIDED THE COPYRIGHT
NOTICE MUST BE REPRODUCED AND INCLUDED ON ANY SUCH
COPY OF THE SOFTWARE OR FIRMWARE;
AND / OR
2 MERGE IT INTO ANOTHER PROGRAM FOR YOUR USE ON THE
SINGLE MACHINE (ANY PORTION OF ANY SOFTWARE OR
FIRMWARE MERGED INTO ANOTHER PROGRAM WILL CONTINUE
TO BE SUBJECT TO THE TERMS AND CONDITIONS OF THIS
AGREEMENT).
THE LICENSEE MAY NOT DUPLICATE, MODIFY, REVERSE COMPILE
OR REVERSE ASSEMBLE ANY SOFTWARE OR FIRMWARE IN
WHOLE OR PART.
IMPORTANT NOTICE
THE SOFTWARE OR FIRMWARE MAY CONTAIN OPEN SOURCE
SOFTWARE COMPONENTS (“OPEN SOURCE COMPONENTS”).
OPEN SOURCE COMPONENTS ARE EXCLUDED FROM THE TERMS
OF THIS AGREEMENT EXCEPT AS EXPRESSLY STATED IN THIS
AGREEMENT AND ARE COVERED BY THE TERMS OF THEIR
RESPECTIVE LICENCES WHICH MAY EXCLUDE OR LIMIT ANY
WARRANTY FROM OR LIABILITY OF THE DEVELOPERS AND/OR
COPYRIGHT HOLDERS OF THE OPEN SOURCE COMPONENT FOR
THE PERFORMANCE OF THOSE OPEN SOURCE COMPONENTS.
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF
EACH SUCH LICENCE. FOR MORE INFORMATION SEE:
http://support.taitworld.com/go/opensource
TITLE TO SOFTWARE
THIS AGREEMENT DOES NOT CONSTITUTE A CONTRACT OF SALE
IN RELATION TO THE SOFTWARE OR FIRMWARE SUPPLIED TO
THE LICENSEE. NOT WITHSTANDING THE LICENSEE MAY OWN
THE MAGNETIC OR OTHER PHYSICAL MEDIA ON WHICH THE
SOFTWARE OR FIRMWARE WAS ORIGINALLY SUPPLIED, OR HAS
SUBSEQUENTLY BEEN RECORDED OR FIXED, IT IS A FUNDAMEN-
TAL TERM OF THIS AGREEMENT THAT AT ALL TIMES TITLE AND
OWNERSHIP OF THE SOFTWARE OR FIRMWARE, WHETHER ON
THE ORIGINAL MEDIA OR OTHERWISE, SHALL REMAIN VESTED IN
TAIT OR THIRD PARTIES WHO HAVE GRANTED LICENCES
TO TAIT.
TERM AND TERMINATION
THIS LICENCE SHALL BE EFFECTIVE UNTIL TERMINATED IN
ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT. THE
LICENSEE MAY TERMINATE THIS LICENCE AT ANY TIME BY
DESTROYING ALL COPIES OF THE SOFTWARE OR FIRMWARE AND
ASSOCIATED WRITTEN MATERIALS. THIS LICENCE WILL BE
TERMINATED AUTOMATICALLY AND WITHOUT NOTICE FROM
TAIT IN THE EVENT THAT THE LICENSEE FAILS TO COMPLY WITH
ANY TERM OR CONDITION OF THIS AGREEMENT. THE LICENSEE
AGREES TO DESTROY ALL COPIES OF THE SOFTWARE OR
FIRMWARE AND ASSOCIATED WRITTEN MATERIALS IN THE
EVENT OF SUCH TERMINATION.
LIMITED WARRANTY
THE SOFTWARE OR FIRMWARE (INCLUDING OPEN SOURCE
COMPONENTS) IS SUPPLIED BY TAIT AND ACCEPTED BY THE
LICENSEE “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER
EXPRESSED OR IMPLIED, INCLUDING BUT NOT BEING LIMITED TO
ANY IMPLIED WARRANTIES AS TO MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE. THE LICENSEE
ACKNOWLEDGES THAT THE SOFTWARE OR FIRMWARE (INCLUD-
ING OPEN SOURCE COMPONENTS) IS USED BY IT IN BUSINESS
AND ACCORDINGLY TO THE MAXIMUM EXTENT PERMITTED BY
LAW NO TERMS OR WARRANTIES WHICH ARE IMPLIED BY LEGIS-
LATION SHALL APPLY TO THIS AGREEMENT. TAIT DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE
OR FIRMWARE (INCLUDING OPEN SOURCE COMPONENTS) WILL
MEET THE LICENSEE’S REQUIREMENTS OR THAT THE OPERATION
OF THE SOFTWARE OR FIRMWARE (INCLUDING OPEN SOURCE
COMPONENTS) WILL BE UNINTERRUPTED OR ERROR FREE.
EXCLUSION OF LIABILITY
IN NO CIRCUMSTANCES SHALL TAIT BE UNDER ANY LIABILITY
TO THE LICENSEE, OR ANY OTHER PERSON WHATSOEVER,
WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT
(
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT),
EQUITY, UNDER ANY STATUTE, OR OTHERWISE AT LAW FOR
ANY LOSSES OR DAMAGES WHETHER GENERAL, SPECIAL, EXEM-
PLARY, PUNITIVE, DIRECT, INDIRECT OR CONSEQUENTIAL ARIS-
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