112
“Software”
(i) means proprietary software
in executable code format, and adaptations,
translations, de-compilations, disassemblies,
emulations, or derivative works of such soft-
ware; (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 "Soft-
ware" 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 Agree-
ment.
“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 compila-
tion 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 Soft-
ware 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.
Section 3 GRANT OF LICENSE
3.1. Subject to the provisions of this Agree-
ment and the payment of applicable license
fees, Tait grants to Licensee a personal,
limited, non-transferable (except as permit-
ted 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 Prod-
ucts 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 Soft-
ware 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 Soft-
ware licensed in accordance with this Agree-
ment. 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 Soft-
ware or certain functions or features of the
Software that Tait has agreed to provide to
the Licensee and only in accordance with the
Documentation.
3.3. If the Software licensed under this
Agreement contains or is derived from Open
Source Software, the terms and conditions
governing the use of such Open Source Soft-
ware are in the Open Source Software
Licenses of the copyright owner and not in
this Agreement. If there is a conflict between
the terms and conditions of this Agreement
and the terms and conditions of the any
applicable Open Source Software Licenses,
the terms and conditions of the Open Source
Software Licenses will take precedence. For
information about Open Source Components
contained in Tait products and the related
Open Source licenses, see:
https://www.taitradio.com/opensource
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
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