TM9456 Dual-Radio Installation and Programming Guide
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© Tait Limited
July 2016
Section 5 OWNERSHIP AND TITLE
Tait, its licensors, and its suppliers retain all of their Intellectual Property
Rights in and to the Software and Documentation, in any form. No rights
are granted to Licensee under this Agreement by implication, estoppel or
otherwise, except for those rights which are expressly granted to Licensee in
this Agreement. All Intellectual Property developed, originated, or prepared
by Tait in connection with providing the Software, Designated Products,
Documentation, or related services, remains vested exclusively in Tait, and
Licensee will not have any shared development or other Intellectual
Property Rights.
Section 6 LIMITED WARRANTY; DISCLAIMER OF WARRANTY
6.1. The commencement date and the term of the Software warranty will
be a period of one (1) year from Tait shipment of the Software. If Licensee
is not in breach of any obligations under this Agreement, Tait warrants that
the unmodified Software, when used properly and in accordance with the
Documentation and this Agreement, will be free from a reproducible defect
that eliminates the functionality or successful operation of a feature critical
to the primary functionality or successful operation of the Software.
Whether a defect has occurred will be determined solely by Tait. Tait does
not warrant that Licensee’s use of the Software or the Designated Products
will be uninterrupted, error-free, completely free of Security Vulnerabilities,
or that the Software or the Designated Products will meet Licensee’s
particular requirements. Tait makes no representations or warranties with
respect to any third-party software included in the Software.
6.2 Tait sole obligation to Licensee, and Licensee’s exclusive remedy under
this warranty, is to use reasonable efforts to remedy any material Software
defect covered by this warranty. These efforts will involve either replacing
the media or attempting to correct significant, demonstrable program or
documentation errors or Security Vulnerabilities. If Tait cannot correct the
defect within a reasonable time, then at Tait option, Tait will replace the
defective Software with functionally equivalent Software, license to Licensee
substitute Software which will accomplish the same objective, or terminate
the license and refund Licensee’s paid license fee. If Tait investigation of the
perceived defect reveals that no such defect in fact exists, Tait may recover
its costs in respect of such investigation from Licensee.
6.3. Tait disclaims any and all other warranties relating to the Software or
Documentation other than the express warranties set forth in this Section 6.
Warranties in Section 6 are in lieu of all other warranties whether express or
implied, oral or written, and including without limitation any and all
implied warranties of condition, title, non-infringement, merchantability, or
fitness for a particular purpose or use by Licensee (whether Tait knows, has
reason to know, has been advised of, or is otherwise aware of any such
purpose or use), whether arising by law, by reason of custom or usage of
trade, or by course of dealing. In addition, Tait disclaims any warranty to any
person other than Licensee with respect to the Software or Documentation.
Section 7 TRANSFERS
7.1. Licensee will not transfer the Software or Documentation to any third
party without specific prior written consent from Tait. Tait may withhold
such consent or at its own discretion make the consent conditional upon the
transferee paying applicable license fees and agreeing to be bound by this
Agreement.
