Tait TM8105 - Page 578

578 TM8100/TM8200 Service Manual
© Tait Electronics Limited June 2006
Limited Warranty
THE SOFTWARE OR FIRMWARE (INCLUDING
OPEN SOURCE COMPONENTS) IS SUPPLIED BY
TAIT AND ACCEPTED BY THE LICENSEE “AS IS”
WITHOUT WARRANTY OF ANY KIND EITHER
EXPRESSED OR IMPLIED, INCLUDING BUT NOT
BEING LIMITED TO ANY IMPLIED WARRANTIES AS
TO MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE. THE LICENSEE
ACKNOWLEDGES THAT THE SOFTWARE OR
FIRMWARE (INCLUDING OPEN SOURCE
COMPONENTS) IS USED BY IT IN BUSINESS AND
ACCORDINGLY TO THE MAXIMUM EXTENT
PERMITTED BY LAW NO TERMS OR WARRANTIES
WHICH ARE IMPLIED BY LEGISLATION SHALL
APPLY TO THIS AGREEMENT. TAIT DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED
IN THE SOFTWARE OR FIRMWARE (INCLUDING
OPEN SOURCE COMPONENTS) WILL MEET THE
LICENSEE’S REQUIREMENTS OR THAT THE
OPERATION OF THE SOFTWARE OR FIRMWARE
(
INCLUDING OPEN SOURCE COMPONENTS) WILL
BE UNINTERRUPTED OR ERROR FREE.
Exclusion of Liability
IN NO CIRCUMSTANCES SHALL TAIT BE UNDER
ANY LIABILITY TO THE LICENSEE, OR ANY
OTHER PERSON WHATSOEVER, WHETHER IN
TORT (INCLUDING NEGLIGENCE), CONTRACT
(
EXCEPT AS EXPRESSLY PROVIDED IN THIS
AGREEMENT), EQUITY, UNDER ANY STATUTE,
OR OTHERWISE AT LAW FOR ANY LOSSES OR
DAMAGES WHETHER GENERAL, SPECIAL,
EXEMPLARY, PUNITIVE, DIRECT, INDIRECT OR
CONSEQUENTIAL ARISING OUT OF OR IN
CONNECTION WITH ANY USE OR INABILITY OF
USING THE SOFTWARE OR FIRMWARE
(
INCLUDING OPEN SOURCE COMPONENTS).
THE LICENSEE’S SOLE REMEDY AGAINST TAIT
WILL BE LIMITED TO BREACH OF CONTRACT
AND TAIT’S SOLE AND TOTAL LIABILITY FOR ANY
SUCH CLAIM SHALL BE LIMITED AT THE OPTION
OF TAIT TO THE REPAIR OR REPLACEMENT OF
THE SOFTWARE OR FIRMWARE OR THE REFUND
OF THE PURCHASE PRICE OF THE SOFTWARE
OR FIRMWARE.
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.