Tait Software Licence Agreement 97
Tait Software Licence Agreement
This Software License Agreement
("Agreement") is between you (“Licensee”)
and Tait Electronics Limited (“Tait").
By using any of the Software items
embedded and pre-loaded in the related Tait
Designated Product, included on CD,
downloaded from the Tait website, or
provided in any other form, you agree to be
bound by the terms of this Agreement. If you
do not agree to the terms of this Agreement,
do not install or use any of the Software. If
you install or use any of the Software, that
will be deemed to be acceptance of the
terms of this Agreement.
For good and valuable consideration, the
parties agree as follows:
SECTION 1 DEFINITIONS
“Confidential Information” means all or
any information supplied to or received by
Licensee from Tait, whether before or after
installation or use and whether directly or
indirectly pertaining to the Software and
Documentation supplied by Tait, including
without limitation all information relating to
the Designated Products, hardware,
software; copyright, design registrations,
trademarks; operations, processes, and
related business affairs of Tait; and including
any other goods or property supplied by Tait
to Licensee pursuant to the terms of this
Agreement.
“Designated Products” means products
provided by Tait to Licensee with which or for
which the Software and Documentation is
licensed for use.
“Documentation” means product and
software documentation that specifies
technical and performance features and
capabilities; user, operation, and training
manuals for the Software; and all physical or
electronic media upon which such
information is provided.
“Executable Code” means Software in a
form that can be run in a computer and
typically refers to machine language, which is
comprised of native instructions the
computer carries out in hardware.
Executable code may also refer to programs
written in interpreted languages that require
additional software to actually execute.
“Intellectual Property Rights” and
“Intellectual Property” mean the following
or their substantial equivalents or
counterparts, recognized by or through
action before any governmental authority in
any jurisdiction throughout the world and
including, but not limited to all rights in
patents, patent applications, inventions,
copyrights, trademarks, trade secrets, trade
names, and other proprietary rights in or
relating to the Software and Documentation;
including any adaptations, corrections, de-
compilations, disassemblies, emulations,
enhancements fixes, modifications,
translations and updates to or derivative
works from, the Software or Documentation,
whether made by Tait or another party, or
any improvements that result from Tait
processes or, provision of information
services.
“Licensee” means any individual or entity
that has accepted the terms of this License.
“Open Source Software” means software
with freely obtainable source code and
license for modification, or permission for
free distribution.
“Open Source Software License” means
the terms or conditions under which the
Open Source Software is licensed.
“Person” means any individual, partnership,
corporation, association, joint stock
company, trust, joint venture, limited liability
company, governmental authority, sole
proprietorship, or other form of legal entity
recognized by a governmental authority.
“Security Vulnerability” means any flaw or
weakness in system security procedures,
design, implementation, or internal controls
that if exercised (accidentally triggered or
intentionally exploited) could result in a
security breach such that data is
compromised, manipulated, or stolen, or a
system is damaged.
“Software” (i) means proprietary software
in executable code format, and adaptations,
translations, de-compilations, disassemblies,
emulations, or derivative works of such
software; (ii) means any modifications,
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