42 Licence agreement
ING OUT OF OR IN CONNECTION WITH ANY USE OR INABILITY
OF USING THE SOFTWARE OR FIRMWARE (INCLUDING OPEN
SOURCE COMPONENTS).
THE LICENSEE’S SOLE REMEDY AGAINST TAIT WILL BE LIMITED
TO BREACH OF CONTRACT AND TAIT’S SOLE AND TOTAL LIABIL-
ITY FOR ANY SUCH CLAIM SHALL BE LIMITED AT THE OPTION OF
TAIT TO THE REPAIR OR REPLACEMENT OF THE SOFTWARE OR
FIRMWARE OR THE REFUND OF THE PURCHASE PRICE OF THE
SOFTWARE OR FIRMWARE.
GENERAL
THE LICENSEE CONFIRMS THAT IT SHALL COMPLY WITH THE
PROVISIONS OF LAW IN RELATION TO THE SOFTWARE
OR FIRMWARE.
LAW AND JURISDICTION
THIS AGREEMENT SHALL BE SUBJECT TO AND CONSTRUED IN
ACCORDANCE WITH NEW ZEALAND LAW AND DISPUTES
BETWEEN THE PARTIES CONCERNING THE PROVISIONS HEREOF
SHALL BE DETERMINED BY THE NEW ZEALAND COURTS OF LAW.
PROVIDED HOWEVER TAIT MAY AT ITS ELECTION BRING
PROCEEDINGS FOR BREACH OF THE TERMS HEREOF OR FOR THE
ENFORCEMENT OF ANY JUDGEMENT IN RELATION TO A BREACH
OF THE TERMS HEREOF IN ANY JURISDICTION TAIT CONSIDERS
FIT FOR THE PURPOSE OF ENSURING COMPLIANCE WITH THE
TERMS HEREOF OR OBTAINING RELIEF FOR BREACH OF THE
TERMS HEREOF.
NO DEALINGS
THE LICENSEE MAY NOT SUBLICENSE, ASSIGN OR TRANSFER THE
LICENCE OR THE PROGRAM EXCEPT AS EXPRESSLY PROVIDED IN
THIS AGREEMENT. ANY ATTEMPT OTHERWISE TO SUBLICENSE,
ASSIGN OR TRANSFER ANY OF THE RIGHTS, DUTIES OR OBLIGA-
TIONS HEREUNDER IS VOID.
NO OTHER TERMS
THE LICENSEE ACKNOWLEDGES THAT IT HAS READ THIS AGREE-
MENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS
TERMS AND CONDITIONS. THE LICENSEE FURTHER AGREES THAT
SUBJECT ONLY TO ANY EXPRESS WRITTEN TERMS OF AGREE-
MENT TO THE CONTRARY BETWEEN TAIT AND THE LICENSEE
THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE
AGREEMENT BETWEEN IT AND TAIT IN RELATION TO THE SOFT-
WARE OR FIRMWARE WHICH SUPERSEDES ANY PROPOSAL OR
PRIOR AGREEMENT, ORAL OR WRITTEN AND ANY OTHER
COMMUNICATIONS BETWEEN THE LICENSEE AND TAIT RELATING
TO THE SOFTWARE OR FIRMWARE.
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