Tait TM9100 User Guide

Tait Software Licence Agreement 99
4.3. Unless otherwise authorized by Tait in
writing, Licensee will not, and will not enable
or allow any third party to: (i) install a copy of
the Software on more than one unit of a
Designated Product; or (ii) copy or transfer
Software installed on one unit of a
Designated Product to any other device.
Licensee may temporarily transfer Software
installed on a Designated Product to another
device if the Designated Product is
inoperable or malfunctioning. Temporary
transfer of the Software to another device
must be discontinued when the original
Designated Product is returned to operation
and the Software must be removed from the
other device.
4.4. Licensee will maintain, during the term
of this Agreement and for a period of two
years thereafter, accurate records relating to
this license grant to verify compliance with
this Agreement. Tait, or a third party
nominated by Tait, may inspect Licensee’s
premises, books and records, upon
reasonable prior notice to Licensee, during
Licensee’s normal business hours and subject
to Licensee's facility and security regulations.
Tait is responsible for the payment of all
expenses and costs of the inspection,
provided that Licensee shall indemnify Tait
for all costs (including audit costs and legal
costs on a solicitor client basis) if Licensee has
breached the terms of this Agreement. Any
information obtained by Tait during the
course of the inspection will be kept in strict
confidence by Tait and used solely for the
purpose of verifying Licensee's compliance
with the terms of this Agreement.
SECTION 5 OWNERSHIP AND TITLE
Tait, its licensors, and its suppliers retain all of
their Intellectual Property Rights in and to the
Software and Documentation, in any form.
No rights are granted to Licensee under this
Agreement by implication, estoppel or
otherwise, except for those rights which are
expressly granted to Licensee in this
Agreement. All Intellectual Property
developed, originated, or prepared by Tait in
connection with providing the Software,
Designated Products, Documentation, or
related services, remains vested exclusively in
Tait, and Licensee will not have any shared
development or other Intellectual Property
Rights.
SECTION 6 LIMITED WARRANTY;
DISCLAIMER OF WARRANTY
6.1. The commencement date and the term
of the Software warranty will be a period of
one (1) year from Tait shipment of the
Software. If Licensee is not in breach of any
obligations under this Agreement, Tait
warrants that the unmodified Software,
when used properly and in accordance with
the Documentation and this Agreement, will
be free from a reproducible defect that
eliminates the functionality or successful
operation of a feature critical to the primary
functionality or successful operation of the
Software. Whether a defect has occurred will
be determined solely by Tait. Tait does not
warrant that Licensee’s use of the Software
or the Designated Products will be
uninterrupted, error-free, completely free of
Security Vulnerabilities, or that the Software
or the Designated Products will meet
Licensee’s particular requirements. Tait
makes no representations or warranties with
respect to any third-party software included
in the Software.
6.2 Tait sole obligation to Licensee, and
Licensee’s exclusive remedy under this
warranty, is to use reasonable efforts to
remedy any material Software defect
covered by this warranty. These efforts will
involve either replacing the media or
attempting to correct significant,
demonstrable program or documentation
errors or Security Vulnerabilities. If Tait
cannot correct the defect within a
reasonable time, then at Tait option, Tait will
replace the defective Software with
functionally equivalent Software, license to
Licensee substitute Software which will
accomplish the same objective, or terminate
the license and refund Licensee’s paid license
fee. If Tait investigation of the perceived
defect reveals that no such defect in fact
exists, Tait may recover its costs in respect of
such investigation from Licensee.
6.3. Tait disclaims any and all other
warranties relating to the Software or
Documentation other than the express
warranties set forth in this Section 6.
Warranties in Section 6 are in lieu of all other
warranties whether express or implied, oral
or written, and including without limitation
any and all implied warranties of condition,

Tait TM9100 Specifications

General

Brand	Tait
Model	TM9100
Category	Radio
Language	English