Licence agreement, Licence agreement 41 – QTech Data Systems Tait TM8000 Radio User Manual

Page 41

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Licence agreement 41

Licence agreement

This legal document is an Agreement between you
(the “Licensee”) and Tait Electronics Limited (“Tait”).
By using any of the Software or Firmware items prior-
installed in the related Tait product, included on CD or
downloaded from the Tait website, (hereinafter
referred to as “the Software or Firmware”) you agree
to be bound by the terms of this Agreement. If you do
not agree to the terms of this Agreement, do not
install and use any of the Software or Firmware. If you
install and use any of the Software or Firmware that
will be deemed to be acceptance of the terms of this
licence agreement.
The terms of this Agreement shall apply subject only to
any express written terms of agreement to the
contrary between Tait and the Licensee.

L

ICENCE

TAIT

GRANTS

TO

YOU

AS

LICENSEE

THE

NON

-

EXCLUSIVE

RIGHT

TO

USE

THE

SOFTWARE

OR

FIRMWARE

ON

A

SINGLE

MACHINE

PROVIDED

YOU

MAY ONLY

:

1

COPY

THE

SOFTWARE

OR

FIRMWARE

INTO

ANY

MACHINE

READABLE

OR

PRINTED

FORM

FOR

BACKUP

PURPOSES

IN

SUPPORT

OF

YOUR

USE

OF

THE

PROGRAM

ON

THE

SINGLE

MACHINE

(

CERTAIN

PROGRAMS

,

HOWEVER

,

MAY

INCLUDE

MECHANISMS

TO

LIMIT

OR

INHIBIT

COPYING

,

THEY

ARE

MARKED

“

COPY

PROTECTED

”),

PROVIDED

THE

COPYRIGHT

NOTICE

MUST

BE

REPRODUCED

AND

INCLUDED

ON

ANY

SUCH

COPY

OF

THE

SOFTWARE

OR

FIRMWARE

;

AND

/

OR

2

MERGE

IT

INTO

ANOTHER

PROGRAM

FOR

YOUR

USE

ON

THE

SINGLE

MACHINE

(

ANY

PORTION

OF

ANY

SOFTWARE

OR

FIRMWARE

MERGED

INTO

ANOTHER

PROGRAM

WILL

CONTINUE

TO

BE

SUBJECT

TO

THE

TERMS

AND

CONDITIONS

OF

THIS

AGREEMENT

).

THE

LICENSEE

MAY

NOT

DUPLICATE

,

MODIFY

,

REVERSE

COMPILE

OR

REVERSE

ASSEMBLE

ANY

SOFTWARE

OR

FIRMWARE

IN

WHOLE

OR PART

.

I

MPORTANT

N

OTICE

THE

SOFTWARE

OR

FIRMWARE

MAY

CONTAIN

OPEN

SOURCE

SOFTWARE

COMPONENTS

(“

OPEN SOURCE

COMPONENTS

”).

OPEN

SOURCE

COMPONENTS

ARE

EXCLUDED

FROM

THE

TERMS

OF

THIS

AGREEMENT

EXCEPT

AS

EXPRESSLY

STATED

IN

THIS

AGREEMENT

AND

ARE

COVERED

BY

THE

TERMS

OF

THEIR

RESPECTIVE

LICENCES

WHICH

MAY

EXCLUDE

OR

LIMIT

ANY

WARRANTY

FROM

OR

LIABILITY

OF

THE

DEVELOPERS

AND

/

OR

COPYRIGHT

HOLDERS

OF

THE

OPEN

SOURCE

COMPONENT

FOR

THE

PERFORMANCE

OF

THOSE

OPEN

SOURCE

COMPONENTS

.

YOU

AGREE

TO

BE

BOUND

BY

THE

TERMS

AND

CONDITIONS

OF

EACH

SUCH

LICENCE

.

FOR

MORE

INFORMATION SEE

:

http://support.taitworld.com/go/opensource

T

ITLE

TO

S

OFTWARE

THIS

AGREEMENT

DOES

NOT

CONSTITUTE

A

CONTRACT

OF

SALE

IN

RELATION

TO

THE

SOFTWARE

OR

FIRMWARE

SUPPLIED

TO

THE

LICENSEE

.

NOT

WITHSTANDING

THE

LICENSEE

MAY

OWN

THE

MAGNETIC

OR

OTHER

PHYSICAL

MEDIA

ON

WHICH

THE

SOFTWARE

OR

FIRMWARE

WAS

ORIGINALLY

SUPPLIED

,

OR

HAS

SUBSEQUENTLY

BEEN

RECORDED

OR

FIXED

,

IT

IS

A

FUNDAMEN

-

TAL

TERM

OF

THIS

AGREEMENT

THAT

AT

ALL

TIMES

TITLE

AND

OWNERSHIP

OF

THE

SOFTWARE

OR

FIRMWARE

,

WHETHER

ON

THE

ORIGINAL

MEDIA

OR

OTHERWISE

,

SHALL

REMAIN

VESTED

IN

TAIT

OR

THIRD

PARTIES

WHO

HAVE

GRANTED

LICENCES

TO TAIT

.

T

ERM

AND

T

ERMINATION

THIS

LICENCE

SHALL

BE

EFFECTIVE

UNTIL

TERMINATED

IN

ACCORDANCE

WITH

THE

PROVISIONS

OF

THIS

AGREEMENT

.

THE

LICENSEE

MAY

TERMINATE

THIS

LICENCE

AT

ANY

TIME

BY

DESTROYING

ALL

COPIES

OF

THE

SOFTWARE

OR

FIRMWARE

AND

ASSOCIATED

WRITTEN

MATERIALS

.

THIS

LICENCE

WILL

BE

TERMINATED

AUTOMATICALLY

AND

WITHOUT

NOTICE

FROM

TAIT

IN

THE

EVENT

THAT

THE

LICENSEE

FAILS

TO

COMPLY

WITH

ANY

TERM

OR

CONDITION

OF

THIS

AGREEMENT

.

THE

LICENSEE

AGREES

TO

DESTROY

ALL

COPIES

OF

THE

SOFTWARE

OR

FIRMWARE

AND

ASSOCIATED

WRITTEN

MATERIALS

IN

THE

EVENT

OF

SUCH TERMINATION

.

L

IMITED

W

ARRANTY

THE

SOFTWARE

OR

FIRMWARE

(

INCLUDING

OPEN

SOURCE

COMPONENTS

)

IS

SUPPLIED

BY

TAIT

AND

ACCEPTED

BY

THE

LICENSEE

“

AS

IS

”

WITHOUT

WARRANTY

OF

ANY

KIND

EITHER

EXPRESSED

OR

IMPLIED

,

INCLUDING

BUT

NOT

BEING

LIMITED

TO

ANY

IMPLIED

WARRANTIES

AS

TO

MERCHANTABILITY

OR

FITNESS

FOR

ANY

PARTICULAR

PURPOSE

.

THE

LICENSEE

ACKNOWLEDGES

THAT

THE

SOFTWARE

OR

FIRMWARE

(

INCLUD

-

ING

OPEN

SOURCE

COMPONENTS

)

IS

USED

BY

IT

IN

BUSINESS

AND

ACCORDINGLY

TO

THE

MAXIMUM

EXTENT

PERMITTED

BY

LAW

NO

TERMS

OR

WARRANTIES

WHICH

ARE

IMPLIED

BY

LEGIS

-

LATION

SHALL

APPLY

TO

THIS

AGREEMENT

.

TAIT

DOES

NOT

WARRANT

THAT

THE

FUNCTIONS

CONTAINED

IN

THE

SOFTWARE

OR

FIRMWARE

(

INCLUDING

OPEN

SOURCE

COMPONENTS

)

WILL

MEET

THE

LICENSEE

’

S

REQUIREMENTS

OR

THAT

THE

OPERATION

OF

THE

SOFTWARE

OR

FIRMWARE

(

INCLUDING

OPEN

SOURCE

COMPONENTS

)

WILL

BE

UNINTERRUPTED

OR

ERROR FREE

.

E

XCLUSION

OF

L

IABILITY

IN

NO

CIRCUMSTANCES

SHALL

TAIT

BE

UNDER

ANY

LIABILITY

TO

THE

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

,

EXEM

-

PLARY

,

PUNITIVE

,

DIRECT

,

INDIRECT

OR

CONSEQUENTIAL

ARIS

-

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