69
documentation errors or Security Vulnerabili-
ties. If Tait cannot correct the defect within a
reasonable time, then at Tait option, Tait will
replace the defective Software with function-
ally 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 investiga-
tion from Licensee.
6.3. Tait disclaims any and all other warran-
ties relating to the Software or Documenta-
tion 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.
7.2. In the case of a value-added reseller or
distributor of Tait Designated Products, the
consent referred to in Section 7.1 may be
contained in a Tait Reseller or Tait Distributor
Agreement.
7.3. If the Designated Products are Tait vehi-
cle-mounted mobile products or hand-carried
portable radio products and Licensee trans-
fers ownership of the Tait mobile or portable
radio products to a third party, Licensee may
assign its right to use the Software which is
embedded in or furnished for use with the
radio products and the related Documenta-
tion; provided that Licensee transfers all
copies of the Software and Documentation to
the transferee.
7.4. For the avoidance of any doubt, Section
7.3 excludes TaitNet Infrastructure, or the
products listed at any time under network
products at:
http://www.taitradio.com
.
7.5. If Licensee, as a contractor or subcon-
tractor (integrator), is purchasing Tait Desig-
nated Products and licensing Software not
for its own internal use but for end use only
by a Customer, the Licensee may transfer
such Software, but only if a) Licensee trans-
fers all copies of such Software and the
related Documentation to the transferee and
b) Licensee has first obtained from its
Customer (and, if Licensee is acting as a
subcontractor, from the interim transferee(s)
and from the ultimate end user sub license)
an enforceable sublicense agreement that
prohibits any other transfer and that contains
restrictions substantially identical to the
terms set forth in this Software License
Agreement. Except as stated in the forego-
ing, Licensee and any transferee(s) autho-
rised by this Section may not otherwise
transfer or make available any Tait Software
to any third party nor permit any party to do
so. Licensee will, on request, make available
evidence reasonably satisfactory to Tait
demonstrating compliance with all the fore-
going.
Section 8 TERM AND TERMINATION
8.1. Licensee’s right to use the Software and
Documentation will commence when the
Designated Products are supplied by Tait to
Licensee and will continue for the life of the
Designated Products with which or for which
the Software and Documentation are
supplied, unless Licensee breaches this
Agreement, in which case this Agreement
and Licensee's right to use the Software and
