Tait TP9100 - Page 92

76 Licence agreement
Licence agreement
ASSOCIATED WRITTEN MATERIALS IN THE
EVENT OF SUCH TERMINATION.
LIMITED WARRANTY
THE SOFTWARE OR FIRMWARE (INCLUDING
OPEN SOURCE COMPONENTS) 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 (INCLUDING 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 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.