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 warranty" and which is returned to Tait or an
authorised agent or subsidary 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 replacement diskette which is free from defects
in material or workmanship, the Licencee may terminate this Agreement by returning the Software to Tait.
3. In no circumstances shall Tait be under any liability to the Licencee, 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.
4. Tait warrants the operation of the Software only with the operating system for which it was designed. Use
of the Software 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 Licencee confirms that it shall comply with the provisions of law in relation to the Software.
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 Licencee 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 Licencee acknowledges that it has read this agreement, understand it and agree to be bound by its terms and
conditions. The Licencee further agrees that this is the complete and exclusive statement of the agreement
between it and Tait in relation to the Software which supersedes any proposal or prior agreement, oral or written
and any other communications between the Licencee and Tait relating to the Software. (LS-589)
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