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Section 6 LIMITED WARRANTY;
DISCLAIMER OF WARRANTY
6.1. The commencement date and the term
of the Software warranty will be a period of
one (1) year from Tait shipment of the Soft-
ware. If Licensee is not in breach of any obli-
gations under this Agreement, Tait warrants
that the unmodified Software, when used
properly and in accordance with the Docu-
mentation and this Agreement, will be free
from a reproducible defect that eliminates
the functionality or successful operation of a
feature critical to the primary functionality or
successful operation of the Software.
Whether a defect has occurred will be deter-
mined solely by Tait. Tait does not warrant
that Licensee’s use of the Software or the
Designated Products will be uninterrupted,
error-free, completely free of Security Vulner-
abilities, or that the Software or the Desig-
nated Products will meet Licensee’s particular
requirements. Tait makes no representations
or warranties with respect to any third-party
software included in the Software.
6.2 Tait sole obligation to Licensee, and
Licensee’s exclusive remedy under this
warranty, is to use reasonable efforts to
remedy any material Software defect covered
by this warranty. These efforts will involve
either replacing the media or attempting to
correct significant, demonstrable program or
documentation errors or Security Vulnerabili-
ties. If Tait cannot correct the defect within a
reasonable time, then at Tait option, Tait will
replace the defective Software with function-
ally equivalent Software, license to Licensee
substitute Software which will accomplish
the same objective, or terminate the license
and refund Licensee’s paid license fee. If Tait
investigation of the perceived defect reveals
that no such defect in fact exists, Tait may
recover its costs in respect of such investiga-
tion from Licensee.
6.3. Tait disclaims any and all other warran-
ties relating to the Software or Documenta-
tion other than the express warranties set
forth in this Section 6. Warranties in Section
6 are in lieu of all other warranties whether
express or implied, oral or written, and
including without limitation any and all
implied warranties of condition, title, non-
infringement, merchantability, or fitness for a
particular purpose or use by Licensee
(whether Tait knows, has reason to know,
has been advised of, or is otherwise aware of
any such purpose or use), whether arising by
law, by reason of custom or usage of trade,
or by course of dealing. In addition, Tait
disclaims any warranty to any person other
than Licensee with respect to the Software or
Documentation.
Section 7 TRANSFERS
7.1. Licensee will not transfer the Software or
Documentation to any third party without
specific prior written consent from Tait. Tait
may withhold such consent or at its own
discretion make the consent conditional upon
the transferee paying applicable license fees
and agreeing to be bound by this Agreement.
7.2. In the case of a value-added reseller or
distributor of Tait Designated Products, the
consent referred to in Section 7.1 may be
contained in a Tait Reseller or Tait Distributor
Agreement.
7.3. If the Designated Products are Tait vehi-
cle-mounted mobile products or hand-carried
portable radio products and Licensee trans-
fers ownership of the Tait mobile or portable
radio products to a third party, Licensee may
assign its right to use the Software which is
embedded in or furnished for use with the
radio products and the related Documenta-
tion; provided that Licensee transfers all
copies of the Software and Documentation to
the transferee.
7.4. 7.4.For the avoidance of any doubt,
Section 7.3 excludes TaitNet Infrastructure, or
the products listed at any time under network
products at: http://www.taitradio.com.
7.5. If Licensee, as a contractor or subcon-
tractor (integrator), is purchasing Tait Desig-
nated Products and licensing Software not
for its own internal use but for end use only
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