Tait TM9100 User Manual Download

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Tait Software Licence Agreement 101

Confidential Information valuable to Tait and
are Tait trade secrets, and Licensee agrees to
respect the confidentiality of the information
contained in the Software and
Documentation.

ECTION

10 LIMITATION OF

LIABILITY

10.1. In no circumstances shall Tait be under
any liability to 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.

10.2. Licensee’s sole remedy against Tait will
be limited to breach of contract and Tait 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 the refund of
the purchase price of the Software.

ECTION

11 GENERAL

11.1. COPYRIGHT NOTICES. The existence of
a copyright notice on the Software will not
be construed as an admission or
presumption of publication of the Software
or public disclosure of any trade secrets
associated with the Software.
11.2. COMPLIANCE WITH LAWS. Licensee
acknowledges that the Software may be
subject to the laws and regulations of the
jurisdiction covering the supply of the
Designated Products and will comply with all
applicable laws and regulations, including
export laws and regulations, of that country.

11.3. ASSIGNMENTS AND
SUBCONTRACTING. Tait may assign its rights
or subcontract its obligations under this
Agreement, or encumber or sell its rights in
any Software, without prior notice to, or
consent of, Licensee.
11.4. GOVERNING LAW. 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 judgment 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.
11.5. THIRD-PARTY BENEFICIARIES. This
Agreement is entered into solely for the
benefit of Tait and Licensee. No third party
has the right to make any claim or assert any
right under this Agreement, and no third
party is deemed a beneficiary of this
Agreement. Notwithstanding the foregoing,
any licensor or supplier of third-party
software included in the Software will be a
direct and intended third-party beneficiary of
this Agreement.

11.6. SURVIVAL. Sections 4, 5, 6.3, 7, 8, 9,
10, and 11 survive the termination of this
Agreement.

11.7. ORDER OF PRECEDENCE. In the event
of inconsistencies between this Agreement
and any other Agreement between the
parties, the parties agree that, with respect
to the specific subject matter of this
Agreement, this Agreement prevails.
11.8. SECURITY. Tait uses reasonable means
in the design and writing of its own Software
and the acquisition of third-party Software in
order to limit Security Vulnerabilities. While
no software can be guaranteed to be free
from Security Vulnerabilities, if a Security
Vulnerability is discovered, Tait will take the
steps specified in Section 6 of this
Agreement.

11.9. SEVERABILITY. In the event that any
part or parts of this Agreement shall be held
illegal or null and void by any court or
administrative body of competent
jurisdiction, such determination shall not
affect the remaining terms which shall
remain in full force and effect as if such part
or parts held to be illegal or void had not
been included in this Agreement. Tait may
replace the invalid or unenforceable
provision with a valid and enforceable
provision that achieves the original intent
and economic effect of this Agreement.
11.10. CONSUMER GUARANTEES. Licensee
acknowledges that the licenses supplied in
terms of this agreement are supplied to
Licensee in business, and that the guarantees