144 Tait Software Licence Agreement
has the right to make any claim or assert any
right under this Agreement, and no third
party is deemed a beneficiary of this
Agreement. Notwithstanding the foregoing,
any licensor or supplier of third-party
software included in the Software will be a
direct and intended third-party beneficiary
of this Agreement.
11.6. SURVIVAL. Sections 4, 5, 6.3, 7, 8, 9, 10,
and 11 survive the termination of this
Agreement.
11.7. ORDER OF PRECEDENCE. In the event
of inconsistencies between this Agreement
and any other Agreement between the
parties, the parties agree that, with respect
to the specific subject matter of this
Agreement, this Agreement prevails.
11.8. SECURITY. Tait uses reasonable means
in the design and writing of its own Software
and the acquisition of third-party Software
in order to limit Security Vulnerabilities.
While no software can be guaranteed to be
free from Security Vulnerabilities, if a
Security Vulnerability is discovered, Tait will
take the steps specified in Section 6 of this
Agreement.
11.9. EXPORT. Licensee will not transfer,
directly or indirectly, any Designated
Product, Documentation or Software
furnished hereunder or the direct product of
such Documentation or Software to any
country for which New Zealand or any other
applicable country requires an export
license or other governmental approval
without first obtaining such license or
approval.
11.10. SEVERABILITY. In the event that any
part or parts of this Agreement shall be held
illegal or null and void by any court or
administrative body of competent
jurisdiction, such determination shall not
affect the remaining terms which shall
remain in full force and effect as if such part
or parts held to be illegal or void had not
been included in this Agreement. Tait may
replace the invalid or unenforceable
provision with a valid and enforceable
provision that achieves the original intent
and economic effect of this Agreement.
11.11. CONSUMER GUARANTEES. Licensee
acknowledges that the licenses supplied in
terms of this agreement are supplied to
Licensee in business, and that the
guarantees and other provisions of
prevailing consumer protection legislation
shall not apply.
11.12. WHOLE AGREEMENT. Licensee
acknowledges that it has read this
Agreement, understands it and agrees to be
bound by its terms and conditions. Licensee
also agrees that, subject only to the express
terms of any other agreement between Tait
and Licensee to the contrary, this is the
complete and exclusive statement of the
Agreement between it and Tait in relation to
the Software. This Agreement supersedes
any proposal or prior agreement, oral or
written, and any other communications
between Licensee and Tait relating to the
Software and the Designated Products.
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