58 12/99 IPN: 409-00220-02
58
Software 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, 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 Licencee may terminate this
Licence at any time by destroying all copies of the Software and
associated written materials. This Licence will be terminated auto-
matically and without notice from Tait in the event that the Licencee
fails to comply with any term or condition of this Agreement. The
Licencee agrees to destroy all copies of the Software and associated
written materials in the event of such termination.
Limited Warranty
The Software is supplied by Tait and accepted by the Licencee “as
is” without warranty of any kind either expressed or implied, includ-
ing but not being limited to any implied warranties as to merchant-
ability or fitness for any particular purpose. The entire risk as to the
quality and performance of the Software vests in the Licencee.
Should the Software prove to be defective, the Licencee (and not
Licensor or any subsidiary or agent of the Licensor) shall assume the
entire cost of all necessary servicing, repair or correction. Tait does
not warrant that the functions contained in the Software will meet the
Licencee’s requirements or that the operation of the Software will be
uninterrupted or error free. However Tait warrants that the diskettes if
any on which the Software is supplied to the Licencee shall be free
from defects in material and workmanship under normal use and
service for a period of ninety (90) days from the date of delivery to
the Licencee.
Exclusion of Liability
Tait’s entire liability and the Licencee’s exclusive remedy shall be:
1. The replacement of any diskette not meeting Tait “limited war-
ranty” and which is returned to Tait or an authorised agent or
subsidiary of Tait with a copy of the Licencee’s purchase
receipt; or
2. If a diskette is supplied and if Tait is unable to deliver a replace-
ment diskette that is free from defects in material or workman-
ship, the Licencee may terminate this Agreement by returning
the Software to Tait.
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