Tait TB8100 User Manual

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TB8100 Calibration Kit User’s Manual Tait General Software Licence Agreement 32Tait General Software Licence AgreementThis legal document is an Agreement between you (the“Licensee”) and Tait Electronics Limited (“Tait”). By using anyof the Software or Firmware items prior-installed in the relatedTait product, included on CD or downloaded from the Taitwebsite, (hereinafter referred to as “the Software or Firmware”)you agree to be bound by the terms of this Agreement. If you donot agree to the terms of this Agreement, do not install and useany of the Software or Firmware. If you install and use any of theSoftware or Firmware that will be deemed to be acceptance of theterms of this licence agreement.The terms of this Agreement shall apply subject only to anyexpress written terms of agreement to the contrary between Taitand the Licensee.LicenceTAIT GRANTS TO YOU AS LICENSEE THE NON- EXCLUSIVERIGHT TO USE THE SOFTWARE OR FIRMWARE ON A SINGLEMACHINE PROVIDED YOU MAY ONLY :1. COPY THE SOFTWARE OR FIRMWARE INTO ANY MACHINEREADABLE OR PRINTED FORM FOR BACKUP PURPOSES INSUPPORT OF YOUR USE OF THE PROGRAM ON THE SINGLEMACHINE ( CERTAIN PROGRAMS , HOWEVER, MAY INCLUDEMECHANISMS TO LIMIT OR INHIBIT COPYING, THEY AREMARKED “ COPY PROTECTED”), PROVIDED THE COPYRIGHTNOTICE MUST BE REPRODUCED AND INCLUDED ON ANY SUCHCOPY OF THE SOFTWARE OR FIRMWARE;AND / OR2. MERGE IT INTO ANOTHER PROGRAM FOR YOUR USE ONTHE SINGLE MACHINE ( ANY PORTION OF ANY SOFTWARE ORFIRMWARE MERGED INTO ANOTHER PROGRAM WILLCONTINUE TO BE SUBJECT TO THE TERMS AND CONDITIONSOF THIS AGREEMENT ).THE LICENSEE MAY NOT DUPLICATE, MODIFY, REVERSECOMPILE OR REVERSE ASSEMBLE ANY SOFTWARE ORFIRMWARE IN WHOLE OR PART .Important NoticeTHE SOFTWARE OR FIRMWARE MAY CONTAIN OPEN SOURCESOFTWARE COMPONENTS (“OPEN SOURCE COMPONENTS ”).OPEN SOURCE COMPONENTS ARE EXCLUDED FROM THETERMS OF THIS AGREEMENT EXCEPT AS EXPRESSLY STATED INTHIS AGREEMENT AND ARE COVERED BY THE TERMS OF THEIRRESPECTIVE LICENCES WHICH MAY EXCLUDE OR LIMIT ANYWARRANTY FROM OR LIABILITY OF THE DEVELOPERS AND /ORCOPYRIGHT HOLDERS OF THE OPEN SOURCE COMPONENTFOR THE PERFORMANCE OF THOSE OPEN SOURCECOMPONENTS . YOU AGREE TO BE BOUND BY THE TERMS ANDCONDITIONS OF EACH SUCH LICENCE. FOR MOREINFORMATION SEE:http://support.taitworld.com/go/opensourceTitle to SoftwareTHIS AGREEMENT DOES NOT CONSTITUTE A CONTRACT OFSALE IN RELATION TO THE SOFTWARE OR FIRMWARE SUPPLIEDTO THE LICENSEE. NOT WITHSTANDING THE LICENSEE MAYOWN THE MAGNETIC OR OTHER PHYSICAL MEDIA ON WHICHTHE SOFTWARE OR FIRMWARE WAS ORIGINALLY SUPPLIED, ORHAS SUBSEQUENTLY BEEN RECORDED OR FIXED, IT IS AFUNDAMENTAL TERM OF THIS AGREEMENT THAT AT ALLTIMES TITLE AND OWNERSHIP OF THE SOFTWARE ORFIRMWARE, WHETHER ON THE ORIGINAL MEDIA OROTHERWISE, SHALL REMAIN VESTED IN TAIT OR THIRDPARTIES WHO HAVE GRANTED LICENCES TO TAIT .Term and TerminationTHIS LICENCE SHALL BE EFFECTIVE UNTIL TERMINATED INACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT .THE LICENSEE MAY TERMINATE THIS LICENCE AT ANY TIME BYDESTROYING ALL COPIES OF THE SOFTWARE OR FIRMWAREAND ASSOCIATED WRITTEN MATERIALS . THIS LICENCE WILL BETERMINATED AUTOMATICALLY AND WITHOUT NOTICE FROMTAIT IN THE EVENT THAT THE LICENSEE FAILS TO COMPLYWITH ANY TERM OR CONDITION OF THIS AGREEMENT . THELICENSEE AGREES TO DESTROY ALL COPIES OF THE SOFTWAREOR FIRMWARE AND ASSOCIATED WRITTEN MATERIALS IN THEEVENT OF SUCH TERMINATION .Limited WarrantyTHE SOFTWARE OR FIRMWARE ( INCLUDING OPEN SOURCECOMPONENTS ) IS SUPPLIED BY TAIT AND ACCEPTED BY THELICENSEE “ AS IS ” WITHOUT WARRANTY OF ANY KIND EITHEREXPRESSED OR IMPLIED, INCLUDING BUT NOT BEING LIMITEDTO ANY IMPLIED WARRANTIES AS TO MERCHANTABILITY ORFITNESS FOR ANY PARTICULAR PURPOSE. THE LICENSEEACKNOWLEDGES THAT THE SOFTWARE OR FIRMWARE( INCLUDING OPEN SOURCE COMPONENTS ) IS USED BY IT INBUSINESS AND ACCORDINGLY TO THE MAXIMUM EXTENTPERMITTED BY LAW NO TERMS OR WARRANTIES WHICH AREIMPLIED BY LEGISLATION SHALL APPLY TO THIS AGREEMENT .TAIT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINEDIN THE SOFTWARE OR FIRMWARE ( INCLUDING OPEN SOURCECOMPONENTS ) WILL MEET THE LICENSEE ’S REQUIREMENTS ORTHAT THE OPERATION OF THE SOFTWARE OR FIRMWARE( INCLUDING OPEN SOURCE COMPONENTS ) WILL BEUNINTERRUPTED OR ERROR FREE.Exclusion of LiabilityIN NO CIRCUMSTANCES SHALL TAIT BE UNDER ANY LIABILITYTO 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 FORANY LOSSES OR DAMAGES WHETHER GENERAL, SPECIAL,EXEMPLARY, PUNITIVE, DIRECT , INDIRECT ORCONSEQUENTIAL ARISING OUT OF OR IN CONNECTION WITHANY USE OR INABILITY OF USING THE SOFTWARE ORFIRMWARE ( INCLUDING OPEN SOURCE COMPONENTS ).THE LICENSEE’S SOLE REMEDY AGAINST TAIT WILL BE LIMITEDTO BREACH OF CONTRACT AND TAIT ’S SOLE AND TOTALLIABILITY FOR ANY SUCH CLAIM SHALL BE LIMITED AT THEOPTION OF TAIT TO THE REPAIR OR REPLACEMENT OF THESOFTWARE OR FIRMWARE OR THE REFUND OF THE PURCHASEPRICE OF THE SOFTWARE OR FIRMWARE.GeneralTHE LICENSEE CONFIRMS THAT IT SHALL COMPLY WITH THEPROVISIONS OF LAW IN RELATION TO THE SOFTWAREOR FIRMWARE.Law and JurisdictionTHIS AGREEMENT SHALL BE SUBJECT TO AND CONSTRUED INACCORDANCE WITH NEW ZEALAND LAW AND DISPUTESBETWEEN THE PARTIES CONCERNING THE PROVISIONSHEREOF SHALL BE DETERMINED BY THE NEW ZEALANDCOURTS OF LAW. PROVIDED HOWEVER TAIT MAY AT ITSELECTION BRING PROCEEDINGS FOR BREACH OF THE TERMSHEREOF OR FOR THE ENFORCEMENT OF ANY JUDGEMENT INRELATION TO A BREACH OF THE TERMS HEREOF IN ANYJURISDICTION TAIT CONSIDERS FIT FOR THE PURPOSE OFENSURING COMPLIANCE WITH THE TERMS HEREOF OROBTAINING RELIEF FOR BREACH OF THE TERMS HEREOF .No DealingsTHE LICENSEE MAY NOT SUBLICENSE, ASSIGN OR TRANSFERTHE LICENCE OR THE PROGRAM EXCEPT AS EXPRESSLYPROVIDED IN THIS AGREEMENT . ANY ATTEMPT OTHERWISE TOSUBLICENSE, ASSIGN OR TRANSFER ANY OF THE RIGHTS ,DUTIES OR OBLIGATIONS HEREUNDER IS VOID .No Other TermsTHE LICENSEE ACKNOWLEDGES THAT IT HAS READ THISAGREEMENT , UNDERSTANDS IT AND AGREES TO BE BOUND BYITS TERMS AND CONDITIONS . THE LICENSEE FURTHER AGREESTHAT SUBJECT ONLY TO ANY EXPRESS WRITTEN TERMS OFAGREEMENT TO THE CONTRARY BETWEEN TAIT AND THELICENSEE THIS IS THE COMPLETE AND EXCLUSIVE STATEMENTOF THE AGREEMENT BETWEEN IT AND TAIT IN RELATION TOTHE SOFTWARE OR FIRMWARE WHICH SUPERSEDES ANYPROPOSAL OR PRIOR AGREEMENT , ORAL OR WRITTEN ANDANY OTHER COMMUNICATIONS BETWEEN THE LICENSEE ANDTAIT RELATING TO THE SOFTWARE OR FIRMWARE.

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