Tait TB9100 Installation And Operation Manual

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Tait TB9100 Installation And Operation Manual Manual pdf 148 page image

148 TB9100/P25 CG Installation and Operation Manual© Tait Electronics Limited January 2007Limited WarrantyTHE SOFTWARE OR FIRMWARE (INCLUDINGOPEN SOURCE COMPONENTS ) IS SUPPLIED BYTAIT AND ACCEPTED BY THE LICENSEE “ AS IS ”WITHOUT WARRANTY OF ANY KIND EITHEREXPRESSED OR IMPLIED, INCLUDING BUT NOTBEING LIMITED TO ANY IMPLIED WARRANTIES ASTO MERCHANTABILITY OR FITNESS FOR ANYPARTICULAR PURPOSE. THE LICENSEEACKNOWLEDGES THAT THE SOFTWARE ORFIRMWARE ( INCLUDING OPEN SOURCECOMPONENTS ) IS USED BY IT IN BUSINESS ANDACCORDINGLY TO THE MAXIMUM EXTENTPERMITTED BY LAW NO TERMS OR WARRANTIESWHICH ARE IMPLIED BY LEGISLATION SHALLAPPLY TO THIS AGREEMENT. TAIT DOES NOTWARRANT THAT THE FUNCTIONS CONTAINEDIN THE SOFTWARE OR FIRMWARE (INCLUDINGOPEN SOURCE COMPONENTS ) WILL MEET THELICENSEE ’S REQUIREMENTS OR THAT THEOPERATION OF THE SOFTWARE OR FIRMWARE( INCLUDING OPEN SOURCE COMPONENTS ) WILLBE UNINTERRUPTED OR ERROR FREE.Exclusion of LiabilityIN NO CIRCUMSTANCES SHALL TAIT BE UNDERANY LIABILITY TO THE LICENSEE, OR ANYOTHER PERSON WHATSOEVER, WHETHER INTORT ( INCLUDING NEGLIGENCE), CONTRACT( EXCEPT AS EXPRESSLY PROVIDED IN THISAGREEMENT), EQUITY, UNDER ANY STATUTE,OR OTHERWISE AT LAW FOR ANY LOSSES ORDAMAGES WHETHER GENERAL , SPECIAL ,EXEMPLARY, PUNITIVE, DIRECT, INDIRECT ORCONSEQUENTIAL ARISING OUT OF OR INCONNECTION WITH ANY USE OR INABILITY OFUSING THE SOFTWARE OR FIRMWARE( INCLUDING OPEN SOURCE COMPONENTS).THE LICENSEE ’S SOLE REMEDY AGAINST TAITWILL BE LIMITED TO BREACH OF CONTRACTAND TAIT’S SOLE AND TOTAL LIABILITY FOR ANYSUCH CLAIM SHALL BE LIMITED AT THE OPTIONOF TAIT TO THE REPAIR OR REPLACEMENT OFTHE SOFTWARE OR FIRMWARE OR THE REFUNDOF THE PURCHASE PRICE OF THE SOFTWAREOR FIRMWARE.GeneralTHE LICENSEE CONFIRMS THAT IT SHALLCOMPLY WITH THE PROVISIONS OF LAW INRELATION TO THE SOFTWARE OR FIRMWARE.Law and JurisdictionTHIS AGREEMENT SHALL BE SUBJECT TO ANDCONSTRUED IN ACCORDANCE WITHNEW ZEALAND LAW AND DISPUTES BETWEENTHE PARTIES CONCERNING THE PROVISIONSHEREOF SHALL BE DETERMINED BY THE NEWZEALAND COURTS OF LAW. PROVIDED HOWEVERTAIT MAY AT ITS ELECTION BRING PROCEEDINGSFOR BREACH OF THE TERMS HEREOF OR FORTHE ENFORCEMENT OF ANY JUDGEMENT INRELATION TO A BREACH OF THE TERMS HEREOFIN ANY JURISDICTION TAIT CONSIDERS FIT FORTHE PURPOSE OF ENSURING COMPLIANCE WITHTHE TERMS HEREOF OR OBTAINING RELIEF FORBREACH OF THE TERMS HEREOF .No DealingsTHE LICENSEE MAY NOT SUBLICENSE, ASSIGN ORTRANSFER THE LICENCE OR THE PROGRAMEXCEPT AS EXPRESSLY PROVIDED IN THISAGREEMENT . ANY ATTEMPT OTHERWISE TOSUBLICENSE, ASSIGN OR TRANSFER ANY OF THERIGHTS, DUTIES OR OBLIGATIONS HEREUNDERIS VOID.No Other TermsTHE LICENSEE ACKNOWLEDGES THAT IT HASREAD THIS AGREEMENT, UNDERSTANDS IT ANDAGREES TO BE BOUND BY ITS TERMS ANDCONDITIONS . THE LICENSEE FURTHER AGREESTHAT SUBJECT ONLY TO ANY EXPRESS WRITTENTERMS OF AGREEMENT TO THE CONTRARYBETWEEN TAIT AND THE LICENSEE THIS IS THECOMPLETE AND EXCLUSIVE STATEMENT OF THEAGREEMENT BETWEEN IT AND TAIT INRELATION TO THE SOFTWARE OR FIRMWAREWHICH SUPERSEDES ANY PROPOSAL OR PRIORAGREEMENT , ORAL OR WRITTEN AND ANYOTHER COMMUNICATIONS BETWEEN THELICENSEE AND TAIT RELATING TO THESOFTWARE OR FIRMWARE.

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