38 Tait general software licence agreement
Tait general software 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 this CD or downloaded
from the Tait website, (hereinafter referred to as “the Soft-
ware 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.
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 FUNDAMENTAL 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 TERMI-
NATE 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 ASSOCI-
ATED WRITTEN MATERIALS IN THE EVENT OF SUCH TERMINATION.
Limited Warranty
THE SOFTWARE OR FIRMWARE 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 SOFT-
WARE OR FIRMWARE IS USED BY IT IN BUSINESS AND ACCORDINGLY TO
THE MAXIMUM EXTENT PERMITTED BY LAW NO TERMS OR WARRANTIES
WHICH ARE IMPLIED BY LEGISLATION SHALL APPLY TO THIS AGREEMENT.
TAIT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
SOFTWARE OR FIRMWARE WILL MEET THE LICENSEE’S REQUIREMENTS
OR THAT THE OPERATION OF THE SOFTWARE OR FIRMWARE WILL BE
UNINTERRUPTED OR ERROR FREE.
Exclusion of Liability
TAIT’S ENTIRE LIABILITY AND THE LICENSEE’S EXCLUSIVE REMEDY SHALL
BE THE FOLLOWING:
1
IN NO CIRCUMSTANCES SHALL TAIT BE UNDER ANY LIABILITY TO THE
LICENSEE, OR ANY OTHER PERSON WHATSOEVER, FOR ANY DIRECT OR
CONSEQUENTIAL DAMAGE ARISING OUT OF OR IN CONNECTION WITH
ANY USE OR INABILITY OF USING THE SOFTWARE OR FIRMWARE.
2
TAIT WARRANTS THE OPERATION OF THE SOFTWARE OR FIRMWARE
ONLY WITH THE OPERATING SYSTEM FOR WHICH IT WAS DESIGNED.
USE OF THE SOFTWARE OR FIRMWARE WITH AN OPERATING SYSTEM
OTHER THAN THAT FOR WHICH IT WAS DESIGNED MAY NOT BE
SUPPORTED BY TAIT, UNLESS OTHERWISE EXPRESSLY AGREED BY TAIT.
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 ACCORD-
ANCE 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 OBLIGATIONS HEREUNDER IS VOID.
No Other Terms
THE LICENSEE ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT,
UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDI-
TIONS. THE LICENSEE FURTHER AGREES THAT SUBJECT ONLY TO ANY
EXPRESS WRITTEN TERMS OF AGREEMENT 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 SOFTWARE 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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