14
Safety and compliance information
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.
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