TM9456 Dual-Radio Installation and Programming Guide
49
© Tait Limited
July 2016
Section 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 or third-party licensor’s 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.
4.3. Unless otherwise authorized by Tait in writing, Licensee will not, and
will not enable or allow any third party to: (i) install a copy of the Software
on more than one unit of a Designated Product; or (ii) copy or transfer
Software installed on one unit of a Designated Product to any other device.
Licensee may temporarily transfer Software installed on a Designated
Product to another device if the Designated Product is inoperable or
malfunctioning. Temporary transfer of the Software to another device must
be discontinued when the original Designated Product is returned to
operation and the Software must be removed from the other device.
4.4. Licensee will maintain, during the term of this Agreement and for a
period of two years thereafter, accurate records relating to this license grant
to verify compliance with this Agreement. Tait, or a third party nominated
by Tait, may inspect Licensee’s premises, books and records, upon reasonable
prior notice to Licensee, during Licensee’s normal business hours and
subject to Licensee's facility and security regulations. Tait is responsible for
the payment of all expenses and costs of the inspection, provided that
Licensee shall indemnify Tait for all costs (including audit costs and legal
costs on a solicitor client basis) if Licensee has breached the terms of this
Agreement. Any information obtained by Tait during the course of the
inspection will be kept in strict confidence by Tait and used solely for the
purpose of verifying Licensee's compliance with the terms of this
Agreement.
