Tait T3010II, Operator'S Manual

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TAIT ELECTRONICS LIMITED
SOFTWARE LICENCE AGREEMENT

This legal document is an Agreement between you, (the “Licencee”) and Tait Electronics Limited (“Tait”).

By opening this product package and/or using the product you agree to be bound by the terms of this

Agreement.

If you do not agree to the terms of this Agreement, do not open the product package and immediately

return the unopened product package to Tait. If you open the product package that will be deemed to be

acceptance of the terms of this licence agreement.

LICENCE

In consideration of the payment of the Licence Fee which forms part of the price you paid for products

you acquired from Tait or its subsidiary or agent (the “products”) and our willingness to be bound by the

terms of this agreement, Tait grants to you as Licencee the nonexclusive right to use the copy of a Tait

software program included in the products, (the “Software”).

In particular the Licencee may use the program on a single machine and if the software is supplied on a

diskette, the licensee may:

(a) Copy the program into any machine readable or printed form for backup purposes in support of your

use of the program on the single machine (Certain programs, however, may include mechanisms to

limit or inhibit copying. They are marked “copy protected”), provided the copyright notice must be

reproduced and included on any such copy of the Software.

(b) Merge it into another program for your use on the single machine. (Any portion of this program

merged into another program will continue to be subject to the terms and conditions of this Agree-

ment.);

The Licencee may not duplicate, modify, reverse compile or reverse assemble the Software in whole or

part.

TITLE TO SOFTWARE

This agreement does not constitute a contract of sale in relation to the Software supplied to the Licencee.

Not withstanding the Licencee may own the magnetic or other physical media on which the Software was

originally supplied, or has subsequently been recorded or fixed, it is a fundamental term of this Agree-

ment that at all times title and ownership of the Software, whether on the original media or otherwise,

shall remain vested in Tait or third parties who have granted licences to Tait.

TERM AND TERMINATION

This Licence shall be effective until terminated in accordance with the provisions of this Agreement. The

Licencee may terminate this Licence at any time by destroying all copies of the Software and associated

written materials. This Licence will be terminated automatically and without notice from Tait in the event

that the Licencee fails to comply with any term or condition of this Agreement. The Licencee agrees to

destroy all copies of the Software and associated written materials in the event of such termination.

LIMITED WARRANTY

The Software is supplied by Tait and accepted by the Licencee “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 entire risk as to the quality and performance of the Software vests

in the Licencee. Should the Software prove to be defective, the Licencee (and not Licensor or any subsidi-

ary or agent of the Licensor) shall assume the entire cost of all necessary servicing, repair or correction.

Tait does not warrant that the functions contained in the Software will meet the Licencee’s requirements

or that the operation of the Software will be uninterrupted or error free. However Tait warrants that the

diskettes if any on which the Software is supplied to the Licencee shall be free from defects in material

and workmanship under normal use and service for a period of ninety (90) days from the date of delivery

to the Licencee.

EXCLUSION OF LIABILITY

Tait’s entire liability and the Licencee’s exclusive remedy shall be:

1. The replacement of any diskette not meeting Tait “limited warranty” and which is returned to Tait or an

authorised agent or subsidiary of Tait with a copy of the Licencee’s purchase receipt; or

2. If a diskette is supplied and if Tait is unable to deliver a replacement diskette which is free from defects

in material or workmanship, the Licencee may terminate this Agreement by returning the Software to

Tait.

3. In no circumstances shall Tait be under any liability to the Licencee, or any other person whatsoever,

for any direct or consequential damage arising out of or in connection with any use or inability of

using the Software.

4. Tait warrants the operation of the Software only with the operating system for which it was designed.

Use of the Software with an operating system other than that for which it was designed may not be

supported by Tait, unless otherwise expressly agreed by Tait.

GENERAL

The Licencee confirms that it shall comply with the provisions of law in relation to the Software.

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 Licencee 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 Licencee acknowledges that it has read this agreement, understand it and agree to be bound by its

terms and conditions. The Licencee further agrees that this is the complete and exclusive statement of the

agreement between it and Tait in relation to the Software which supersedes any proposal or prior agree-

ment, oral or written and any other communications between the Licencee and Tait relating to the Soft-

ware. (LS-589)