64 TA2922 Universal Line Interface Service Manual
© Tait Electronics Limited March 2010
11.5. THIRD-PARTY BENEFICIARIES.
This Agreement is entered into solely for the
benefit of Tait and Licensee. No third party
has the right to make any claim or assert any
right under this Agreement, and no third
party is deemed a beneficiary of this
Agreement. Notwithstanding the foregoing,
any licensor or supplier of third-party software
included in the Software will be a direct and
intended third-party beneficiary of this
Agreement.
11.6. SURVIVAL. Sections 4, 5, 6.3, 7, 8, 9,
10, and 11 survive the termination of this
Agreement.
11.7. ORDER OF PRECEDENCE. In the
event of inconsistencies between this
Agreement and any other Agreement
between the parties, the parties agree that,
with respect to the specific subject matter of
this Agreement, this Agreement prevails.
11.8 SECURITY. Tait uses reasonable means
in the design and writing of its own Software
and the acquisition of third-party Software in
order to limit Security Vulnerabilities. While
no software can be guaranteed to be free from
Security Vulnerabilities, if a Security
Vulnerability is discovered, Tait will take the
steps specified in Section 6 of this Agreement.
11.9 SEVERABILITY. In the event that any
part or parts of this Agreement shall be held
illegal or null and void by any court or
administrative body of competent jurisdiction,
such determination shall not affect the
remaining terms which shall remain in full
force and effect as if such part or parts held to
be illegal or void had not been included in this
Agreement. Tait may replace the invalid or
unenforceable provision with a valid and
enforceable provision that achieves the
original intent and economic effect of this
Agreement.
11.10 CONSUMER GUARANTEES.
Licensee acknowledges that the licenses
supplied in terms of this agreement are
supplied to Licensee in business, and that the
guarantees and other provisions of prevailing
consumer protection legislation shall not
apply.
11.11 WHOLE AGREEMENT. Licensee
acknowledges that it has read this Agreement,
understands it and agrees to be bound by its
terms and conditions. Licensee also agrees
that, subject only to the express terms of any
other agreement between Tait and Licensee to
the contrary, this is the complete and exclusive
statement of the Agreement between it and
Tait in relation to the Software. This
Agreement supersedes any proposal or prior
agreement, oral or written, and any other
communications between Licensee and Tait
relating to the Software and the Designated
Products.
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