Tait TB7300, Инструкция по установке и эксплуатации

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TB7300 Installation and Operation Manual 87
© Tait Limited November 2016
no representations or warranties with respect to
any third-party software included in the Soft-
ware.
6.2 Tait sole obligation to Licensee, and
Licensee’s exclusive remedy under this warranty,
is to use reasonable efforts to remedy any mate-
rial 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 accom-
plish 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 Sec-
tion 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 addi-
tion, 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 spe-
cific 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 dis-
tributor 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 porta-
ble radio products and Licensee transfers owner-
ship 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 fur-
nished for use with the radio products and the
related Documentation; provided that Licensee
transfers all copies of the Software and Docu-
mentation 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 Prod-
ucts and licensing Software not for its own inter-
nal 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 Cus-
tomer (and, if Licensee is acting as a subcontrac-
tor, 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 substan-
tially identical to the terms set forth in this Soft-
ware License Agreement. Except as stated in the
foregoing, 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 reason-
ably satisfactory to Tait demonstrating compli-
ance with all the foregoing.
Section 8 TERM AND TERMINATION
8.1. Licensee’s right to use the Software and
Documentation will commence when the Desig-
nated 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 Documentation may be terminated
immediately upon notice by Tait.
8.2. Within thirty (30) days after termination of
this Agreement, Licensee must certify in writing
to Tait that all copies of the Software have been
removed or deleted from the Designated Prod-
ucts and that all copies of the Software and Doc-
umentation have been returned to Tait or
destroyed by Licensee and are no longer in use
by Licensee.
8.3. Licensee acknowledges that Tait made a
considerable investment of resources in the
development, marketing, and distribution of the
Software and Documentation and that Licensee's
breach of this Agreement will result in irrepara-
ble harm to Tait for which monetary damages
would be inadequate. If Licensee breaches this
Agreement, Tait may terminate this Agreement
and be entitled to all available remedies at law or
in equity including immediate injunctive relief
and repossession of all non-embedded Software
and associated Documentation. Licensee shall
pay all Tait costs (on an indemnity basis) for the
enforcement of the terms of this Agreement.
Section 9 CONFIDENTIALITY
Licensee acknowledges that the Software and
Documentation contain proprietary and Confi-
dential Information valuable to Tait and are Tait
trade secrets, and Licensee agrees to respect the
confidentiality of the information contained in
the Software and Documentation.
Section 10 LIMITATION OF LIABILITY
10.1. In no circumstances shall Tait be under any
liability to Licensee, or any other person whatso-
ever, whether in Tort (including negligence),
Contract (except as expressly provided in this
Agreement), Equity, under any Statute, or other-
wise at law for any losses or damages whether
general, special, exemplary, punitive, direct,