TM9100 Mobiles: 110 W Mobile Installation Guide
Tait General Software Licence Agreement
23
© Tait Electronics Limited
October 2005
Tait General Software Licence Agreement
This legal document is an Agreement between you (the
“Licensee”) and Tait Electronics Limited (“Tait”). By using any
of the Software or Firmware items prior-installed in the related
Tait product, included on CD or downloaded from the Tait
website, (hereinafter referred to as “the Software or Firmware”)
you agree to be bound by the terms of this Agreement. If you do
not agree to the terms of this Agreement, do not install and use
any of the Software or Firmware. If you install and use any of the
Software or Firmware that will be deemed to be acceptance of the
terms of this licence agreement.
The terms of this Agreement shall apply subject only to any
express written terms of agreement to the contrary between Tait
and the Licensee.
Licence
TAIT
GRANTS
TO
YOU
AS
LICENSEE
THE
NON
-
EXCLUSIVE
RIGHT
TO
USE
THE
SOFTWARE
OR
FIRMWARE
ON
A
SINGLE
MACHINE
PROVIDED
YOU
MAY ONLY
:
1.
COPY
THE
SOFTWARE
OR
FIRMWARE
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
OR
FIRMWARE
;
AND
/
OR
2.
MERGE
IT
INTO
ANOTHER
PROGRAM
FOR
YOUR
USE
ON
THE
SINGLE
MACHINE
(
ANY
PORTION
OF
ANY
SOFTWARE
OR
FIRMWARE
MERGED
INTO
ANOTHER
PROGRAM
WILL
CONTINUE
TO
BE
SUBJECT
TO
THE
TERMS
AND
CONDITIONS
OF
THIS
AGREEMENT
).
THE
LICENSEE
MAY
NOT
DUPLICATE
,
MODIFY
,
REVERSE
COMPILE
OR
REVERSE
ASSEMBLE
ANY
SOFTWARE
OR
FIRMWARE
IN
WHOLE
OR PART
.
Important Notice
THE
SOFTWARE
OR
FIRMWARE
MAY
CONTAIN
OPEN
SOURCE
SOFTWARE
COMPONENTS
(“
OPEN SOURCE
COMPONENTS
”).
OPEN
SOURCE
COMPONENTS
ARE
EXCLUDED
FROM
THE
TERMS
OF
THIS
AGREEMENT
EXCEPT
AS
EXPRESSLY
STATED
IN
THIS
AGREEMENT
AND
ARE
COVERED
BY
THE
TERMS
OF
THEIR
RESPECTIVE
LICENCES
WHICH
MAY
EXCLUDE
OR
LIMIT
ANY
WARRANTY
FROM
OR
LIABILITY
OF
THE
DEVELOPERS
AND
/
OR
COPYRIGHT
HOLDERS
OF
THE
OPEN
SOURCE
COMPONENT
FOR
THE
PERFORMANCE
OF
THOSE
OPEN
SOURCE
COMPONENTS
.
YOU
AGREE
TO
BE
BOUND
BY
THE
TERMS
AND
CONDITIONS
OF
EACH
SUCH
LICENCE
.
FOR
MORE
INFORMATION SEE
:
HTTP
://
SUPPORT
.
TAITWORLD
.
COM
/
GO
/
OPENSOURCE
Title to Software
THIS
AGREEMENT
DOES
NOT
CONSTITUTE
A
CONTRACT
OF
SALE
IN
RELATION
TO
THE
SOFTWARE
OR
FIRMWARE
SUPPLIED
TO
THE
LICENSEE
.
NOT
WITHSTANDING
THE
LICENSEE
MAY
OWN
THE
MAGNETIC
OR
OTHER
PHYSICAL
MEDIA
ON
WHICH
THE
SOFTWARE
OR
FIRMWARE
WAS
ORIGINALLY
SUPPLIED
,
OR
HAS
SUBSEQUENTLY
BEEN
RECORDED
OR
FIXED
,
IT
IS
A
FUNDAMENTAL
TERM
OF
THIS
AGREEMENT
THAT
AT
ALL
TIMES
TITLE
AND
OWNERSHIP
OF
THE
SOFTWARE
OR
FIRMWARE
,
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
LICENSEE
MAY
TERMINATE
THIS
LICENCE
AT
ANY
TIME
BY
DESTROYING
ALL
COPIES
OF
THE
SOFTWARE
OR
FIRMWARE
AND
ASSOCIATED
WRITTEN
MATERIALS
.
THIS
LICENCE
WILL
BE
TERMINATED
AUTOMATICALLY
AND
WITHOUT
NOTICE
FROM
TAIT
IN
THE
EVENT
THAT
THE
LICENSEE
FAILS
TO
COMPLY
WITH
ANY
TERM
OR
CONDITION
OF
THIS
AGREEMENT
.
THE
LICENSEE
AGREES
TO
DESTROY
ALL
COPIES
OF
THE
SOFTWARE
OR
FIRMWARE
AND
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
.
