Tait general software licence agreement 67
FITNESS FOR ANY PARTICULAR PURPOSE. THE LICEN-
SEE ACKNOWLEDGES THAT THE SOFTWARE OR
FIRMWARE (INCLUDING OPEN SOURCE COMPO-
NENTS) IS USED BY IT IN BUSINESS AND ACCORD-
INGLY 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 NEGLI-
GENCE), 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 CONSE-
QUENTIAL 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 ELEC-
TION 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 CONSID-
ERS FIT FOR THE PURPOSE OF ENSURING COMPLI-
ANCE 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 OBLIGA-
TIONS 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 RELA-
TION TO THE SOFTWARE OR FIRMWARE WHICH
SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT,
ORAL OR WRITTEN AND ANY OTHER COMMUNICA-
TIONS BETWEEN THE LICENSEE AND TAIT RELATING
TO THE SOFTWARE OR FIRMWARE.
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