Tait TP9400, Руководство пользователя

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Tait Software Licence Agreement 143
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 Products and that all copies of
the Software and Documentation 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 irreparable
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.
S
ECTION
9 CONFIDENTIALITY
Licensee acknowledges that the Software
and Documentation contain proprietary and
Confidential 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.
S
ECTION
10 LIMITATION OF
LIABILITY
10.1. In no circumstances shall Tait be under
any liability to Licensee, or any other person
whatsoever, whether in Tort (including
negligence), Contract (except as expressly
provided in this Agreement), Equity, under
any Statute, or otherwise at law for any
losses or damages whether general, special,
exemplary, punitive, direct, indirect, or
consequential arising out of or in connection
with any use or inability of using the
Software.
10.2. Licensee’s sole remedy against Tait will
be limited to breach of contract and Tait
sole and total liability for any such claim
shall be limited at the option of Tait to the
repair or replacement of the Software or the
refund of the purchase price of the
Software.
S
ECTION
11 GENERAL
11.1. COPYRIGHT NOTICES. The existence of
a copyright notice on the Software will not
be construed as an admission or
presumption of publication of the Software
or public disclosure of any trade secrets
associated with the Software.
11.2. COMPLIANCE WITH LAWS. Licensee
acknowledges that the Software may be
subject to the laws and regulations of the
jurisdiction covering the supply of the
Designated Products and will comply with
all applicable laws and regulations, including
export laws and regulations, of that country.
11.3. ASSIGNMENTS AND
SUBCONTRACTING. Tait may assign its
rights or subcontract its obligations under
this Agreement, or encumber or sell its
rights in any Software, without prior notice
to, or consent of, Licensee.
11.4. GOVERNING LAW. This Agreement
shall be subject to and construed in
accordance with New Zealand law and
disputes between the parties concerning
the provisions hereof shall be determined by
the New Zealand Courts of Law. Provided
however Tait may at its election bring
proceedings for breach of the terms hereof
or for the enforcement of any judgment in
relation to a breach of the terms hereof in
any jurisdiction Tait considers fit for the
purpose of ensuring compliance with the
terms hereof or obtaining relief for breach of
the terms hereof.
11.5. THIRD-PARTY BENEFICIARIES. This
Agreement is entered into solely for the
benefit of Tait and Licensee. No third party