4 TM8100 Mobile Radio Service Manual
May 2004 © Tait Electronics Limited
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 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 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
CONDITIONS. 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.