TM9456 Dual-Radio Installation and Programming Guide
53
© Tait Limited
July 2016
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. EXPORT. Licensee will not transfer, directly or indirectly, any
Designated Product, Documentation or Software furnished hereunder or
the direct product of such Documentation or Software to any country for
which New Zealand or any other applicable country requires an export
license or other governmental approval without first obtaining such license
or approval.
11.10. 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.
11.11. CONSUMER GUARANTEES. Licensee acknowledges that the
licenses supplied in terms of this agreement are supplied to Licensee in
business, and that the guarantees and other provisions of prevailing
consumer protection legislation shall not apply.
11.12. WHOLE AGREEMENT. Licensee acknowledges that it has read
this Agreement, understands it and agrees to be bound by its terms and
conditions. Licensee also agrees that, subject only to the express terms of any
other agreement between Tait and Licensee to the contrary, this is the
complete and exclusive statement of the Agreement between it and Tait in
relation to the Software. This Agreement supersedes any proposal or prior
agreement, oral or written, and any other communications between
Licensee and Tait relating to the Software and the Designated Products.
