Tait TP9400, User Manual

Page: 142 / 146

142 Tait Software Licence Agreement
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.
S
ECTION
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
vehicle-mounted mobile products or hand-
carried portable radio products and
Licensee transfers 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 Documentation; 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
subcontractor (integrator), is purchasing
Tait Designated 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 transfers 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 foregoing, Licensee and any
transferee(s) authorised 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
foregoing.
S
ECTION
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