Tait Software Licence Agreement 65
“Person”
means any individual,
partnership, corporation, association,
joint stock company, trust, joint
venture, limited liability company,
governmental authority, sole
proprietorship, or other form of legal
entity recognized by a governmental
authority.
“Security Vulnerability”
means any
flaw or weakness in system security
procedures, design, implementation,
or internal controls that if exercised
(accidentally triggered or intentionally
exploited) could result in a security
breach such that data is compromised,
manipulated, or stolen, or a system is
damaged.
“Software”
(i) means proprietary
software in executable code format,
and adaptations, translations, de-
compilations, disassemblies,
emulations, or derivative works of
such software; (ii) means any
modifications, new versions and new
releases of the software provided by
Tait; (iii) means any upgrades,
enhancements or other functions or
features to the Software provided by
Tait; and (iv) may contain one or more
items of software owned by a third-
party supplier. The term "Software"
includes the applicable “Software Key”
and 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.
“Software Key”
means a code or key
that is supplied by Tait to access,
enable and use the Software or certain
functions or features of the Software.
“Tait”
means Tait International
Limited and includes its Affiliates.
Section 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.
S
ECTION
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. The Licensee acknowledges that
one or more Software Keys may be
required from Tait for the Software or
certain functions or features of the
Software. The Licensee may only
access, enable and use such Software
or functions or features of the Software
with Software Keys issued by Tait. Tait
may provide the Licensee with a
Software Key for the Software or
certain functions or features of the
Software agreed to by the parties as
part of this Agreement. The Software
Key may control the functions or
features of the Software licensed in
accordance with this Agreement. The
Licensee’s license to the Software Key
is limited to a license to use the
Software Key only to access, enable
and use the Software or certain
functions or features of the Software
that Tait has agreed to provide to the
