98 Tait Software Licence Agreement
enhancements, new versions and new
releases of the software provided by Tait; and
(iii) may contain one or more items of
software owned by a third-party supplier.
The term "Software" does not include any
third-party software provided under separate
license or not licensable under the terms of
this Agreement.
“Source Code”
means software expressed
in human readable language necessary for
understanding, maintaining, modifying,
correcting, and enhancing any software
referred to in this Agreement and includes all
states of that software prior to its
compilation into an executable programme.
“Tait”
means Tait Electronics Limited and
includes its Affiliates.
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2 SCOPE
This Agreement contains the terms and
conditions of the license Tait is providing to
Licensee, and of Licensee’s use of the
Software and Documentation. Tait and
Licensee enter into this Agreement in
connection with Tait delivery of certain
proprietary Software and/or products
containing embedded or pre-loaded
proprietary Software.
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3 GRANT OF LICENSE
3.1. Subject to the provisions of this
Agreement and the payment of applicable
license fees, Tait grants to Licensee a
personal, limited, non-transferable (except as
permitted in Section 7), and non-exclusive
license to use the Software in executable
code form, and the Documentation, solely in
connection with Licensee's use of the
Designated Products for the useful life of the
Designated Products. This Agreement does
not grant any rights to source code.
3.2. If the Software licensed under this
Agreement contains or is derived from Open
Source Software, the terms and conditions
governing the use of such Open Source
Software are in the Open Source Software
Licenses of the copyright owner and not in
this Agreement. If there is a conflict between
the terms and conditions of this Agreement
and the terms and conditions of the any
applicable Open Source Software Licenses,
the terms and conditions of the Open Source
Software Licenses will take precedence. For
information about Open Source
Components contained in Tait products and
the related Open Source licenses, see:
support.taitradio.com/go/opensource
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4 LIMITATIONS ON USE
4.1. Licensee may use the Software only for
Licensee's internal business purposes and
only in accordance with the Documentation.
Any other use of the Software is strictly
prohibited. Without limiting the general
nature of these restrictions, Licensee will not
make the Software available for use by third
parties on a "time sharing," "application
service provider," "service bureau" basis, or
for any other similar commercial rental or
sharing arrangement.
4.2. Licensee will not, and will not directly or
indirectly allow or enable any third party to:
(i) reverse engineer, disassemble, extract
components, decompile, reprogram, or
otherwise reduce the Software or any
portion thereof to a human perceptible form
or otherwise attempt to recreate the source
code; (ii) modify, adapt, create derivative
works of, or merge the Software; (iii) copy,
reproduce, distribute, lend, or lease the
Software or Documentation to any third
party; (iv) grant any sublicense or other rights
in the Software or Documentation to any
third party; (v) take any action that would
cause the Software or Documentation to be
placed in the public domain; (vi) remove, or
in any way alter or obscure any copyright
notice or other notice of Tait proprietary
rights; (vii) provide, copy, transmit, disclose,
divulge or make the Software or
Documentation available to, or permit the
use of the Software by, any third party or on
any machine except as expressly authorized
by this Agreement; or (viii) use, or permit the
use of, the Software in a manner that would
result in the production of a copy of the
Software by any means whatsoever other
than what is permitted in this Agreement.
Licensee may make one copy of the Software
to be used solely for archival, back-up, or
disaster recovery purposes; provided that
Licensee may not operate that copy of the
Software at the same time as the original
Software is being operated. Licensee may
make as many copies of the Documentation
as it may reasonably require for the internal
use of the Software.
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