65 Tait Software Licence Agreement
“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, enhancements, new
versions and new releases of the
software provided by Tait; and (iii) may
contain one or more items of software
owned by a third-party supplier. The
term "Software" 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.
“Tait”
means Tait Limited and
includes its Affiliates.
S
ECTION
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. 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 Software 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:
http://support.taitradio.com/go/
opensource
S
ECTION
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
make the Software available for use by
