Licence agreement 65
Licence agreement
This legal document is an Agreement between you (the
“Licensee”) and Tait Electronics Limited (“Tait”). By using any
of the Software or Firmware items prior-installed in the related
Tait product, included on CD or downloaded from the Tait
website, (hereinafter referred to as “the Software or
Firmware”) you agree to be bound by the terms of this Agree-
ment. If you do not agree to the terms of this Agreement, do
not install and use any of the Software or Firmware. If you
install and use any of the Software or Firmware that will be
deemed to be acceptance of the terms of this
licence agreement.
The terms of this Agreement shall apply subject only to any
express written terms of agreement to the contrary between
Tait and the Licensee.
Licence
TAIT GRANTS TO YOU AS LICENSEE THE NON-EXCLUSIVE RIGHT TO USE
THE SOFTWARE OR FIRMWARE ON A SINGLE MACHINE PROVIDED YOU
MAY ONLY:
1
COPY THE SOFTWARE OR FIRMWARE INTO ANY MACHINE READABLE OR
PRINTED FORM FOR BACKUP PURPOSES IN SUPPORT OF YOUR USE OF
THE PROGRAM ON THE SINGLE MACHINE (CERTAIN PROGRAMS,
HOWEVER, MAY INCLUDE MECHANISMS TO LIMIT OR INHIBIT COPYING,
THEY ARE MARKED “COPY PROTECTED”), PROVIDED THE COPYRIGHT
NOTICE MUST BE REPRODUCED AND INCLUDED ON ANY SUCH COPY OF
THE SOFTWARE OR FIRMWARE;
AND / OR
2 MERGE IT INTO ANOTHER PROGRAM FOR YOUR USE ON THE SINGLE
MACHINE (ANY PORTION OF ANY SOFTWARE OR FIRMWARE MERGED
INTO ANOTHER PROGRAM WILL CONTINUE TO BE SUBJECT TO THE
TERMS AND CONDITIONS OF THIS AGREEMENT).
THE LICENSEE MAY NOT DUPLICATE, MODIFY, REVERSE COMPILE OR
REVERSE ASSEMBLE ANY SOFTWARE OR FIRMWARE IN WHOLE OR PART.
Important Notice
THE SOFTWARE OR FIRMWARE MAY CONTAIN OPEN SOURCE SOFTWARE
COMPONENTS (“OPEN SOURCE COMPONENTS”). OPEN SOURCE
COMPONENTS ARE EXCLUDED FROM THE TERMS OF THIS AGREEMENT
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT AND ARE COVERED
BY THE TERMS OF THEIR RESPECTIVE LICENCES WHICH MAY EXCLUDE OR
LIMIT ANY WARRANTY FROM OR LIABILITY OF THE DEVELOPERS AND/OR
COPYRIGHT HOLDERS OF THE OPEN SOURCE COMPONENT FOR THE
PERFORMANCE OF THOSE OPEN SOURCE COMPONENTS. YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS OF EACH SUCH LICENCE.
FOR MORE INFORMATION SEE:
http://support.taitworld.com/go/opensource
Title to Software
THIS AGREEMENT DOES NOT CONSTITUTE A CONTRACT OF SALE IN RELA-
TION TO THE SOFTWARE OR FIRMWARE SUPPLIED TO THE LICENSEE. NOT
WITHSTANDING THE LICENSEE MAY OWN THE MAGNETIC OR OTHER
PHYSICAL MEDIA ON WHICH THE SOFTWARE OR FIRMWARE WAS ORIGI-
NALLY 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 OR FIRMWARE, 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 LICENSEE MAY TERMI-
NATE THIS LICENCE AT ANY TIME BY DESTROYING ALL COPIES OF THE
SOFTWARE OR FIRMWARE AND ASSOCIATED WRITTEN MATERIALS. THIS
LICENCE WILL BE TERMINATED AUTOMATICALLY AND WITHOUT NOTICE
FROM TAIT IN THE EVENT THAT THE LICENSEE FAILS TO COMPLY WITH
ANY TERM OR CONDITION OF THIS AGREEMENT. THE LICENSEE AGREES
TO DESTROY ALL COPIES OF THE SOFTWARE OR FIRMWARE AND ASSOCI-
ATED WRITTEN MATERIALS IN THE EVENT OF SUCH TERMINATION.
Limited Warranty
THE SOFTWARE OR FIRMWARE (INCLUDING OPEN SOURCE COMPO-
NENTS) 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 (INCLUD-
ING 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 ACCORD-
ANCE 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 CONDI-
TIONS. 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 STATE-
MENT 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.
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