Tait TB9400 Installation And Operation Manual

Also see for TB9400: Installation and operation manual Specification manual Installation and operation manual Installation and operation manual Installation and operation manual

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Tait TB9400 Installation And Operation Manual Manual pdf 129 page image

DRAFT 4TB9400 Installation and Operation Manual 129© Tait Electronics Limited September 2011Tait Software License AgreementThis Software License Agreement ("Agreement")is between you (“Licensee”) and Tait ElectronicsLimited (“Tait").By using any of the Software items embedded andpre-loaded in the related Tait Designated Product,included on CD, downloaded from the Tait web-site, or provided in any other form, you agree tobe bound by the terms of this Agreement. If youdo not agree to the terms of this Agreement, donot install or use any of the Software. If you installor use any of the Software, that will be deemed tobe acceptance of the terms of this Agreement.For good and valuable consideration, the partiesagree as follows:Section 1 DEFINITIONS“Confidential Information” means all or anyinformation supplied to or received by Licenseefrom Tait, whether before or after installation oruse and whether directly or indirectly pertainingto the Software and Documentation supplied byTait, including without limitation all informationrelating to the Designated Products, hardware,software; copyright, design registrations, trade-marks; operations, processes, and related businessaffairs of Tait; and including any other goods orproperty supplied by Tait to Licensee pursuant tothe terms of this Agreement.“Designated Products” means products pro-vided by Tait to Licensee with which or for whichthe Software and Documentation is licensed foruse.“Documentation” means product and soft-ware documentation that specifies technical andperformance features and capabilities; user, oper-ation, and training manuals for the Software; andall physical or electronic media upon which suchinformation is provided.“Executable Code” means Software in a formthat can be run in a computer and typically refersto machine language, which is comprised ofnative instructions the computer carries out inhardware. Executable code may also refer to pro-grams written in interpreted languages thatrequire additional software to actually execute.“Intellectual Property Rights” and “Intel-lectual Property” mean the following or theirsubstantial equivalents or counterparts, recog-nized by or through action before any govern-mental authority in any jurisdiction throughoutthe world and including, but not limited to allrights in patents, patent applications, inventions,copyrights, trademarks, trade secrets, trade names,and other proprietary rights in or relating to theSoftware and Documentation; including anyadaptations, corrections, de-compilations, disas-semblies, emulations, enhancements fixes, modi-fications, translations and updates to or derivativeworks from, the Software or Documentation,whether made by Tait or another party, or anyimprovements that result from Tait processes or,provision of information services.“Licensee” means any individual or entity thathas accepted the terms of this License.“Open Source Software” means softwarewith freely obtainable source code and license formodification, or permission for free distribution.“Open Source Software License” meansthe terms or conditions under which the OpenSource Software is licensed.“Person” means any individual, partnership,corporation, association, joint stock company,trust, joint venture, limited liability company,governmental authority, sole proprietorship, orother form of legal entity recognized by a govern-mental authority.“Security Vulnerability” means any flaw orweakness in system security procedures, design,implementation, or internal controls that if exer-cised (accidentally triggered or intentionallyexploited) could result in a security breach suchthat data is compromised, manipulated, or stolen,or a system is damaged.“Software” (i) means proprietary software inexecutable code format, and adaptations, transla-tions, de-compilations, disassemblies, emulations,or derivative works of such software; (ii) meansany modifications, enhancements, new versionsand new releases of the software provided by Tait;and (iii) may contain one or more items of soft-ware owned by a third-party supplier. The term"Software" does not include any third-party soft-ware provided under separate license or notlicensable under the terms of this Agreement.“Source Code” means software expressed inhuman readable language necessary for under-standing, maintaining, modifying, correcting, andenhancing any software referred to in this Agree-ment and includes all states of that software priorto its compilation into an executable programme.“Tait” means Tait Electronics Limited andincludes its Affiliates.Section 2 SCOPEThis Agreement contains the terms and condi-tions of the license Tait is providing to Licensee,and of Licensee’s use of the Software and Docu-mentation. Tait and Licensee enter into thisAgreement in connection with Tait delivery ofcertain proprietary Software and/or productscontaining embedded or pre-loaded proprietarySoftware.Section 3 GRANT OF LICENSE3.1. Subject to the provisions of this Agreementand the payment of applicable license fees, Taitgrants to Licensee a personal, limited, non-trans-ferable (except as permitted in Section 7), andnon-exclusive license to use the Software in exe-cutable code form, and the Documentation,solely in connection with Licensee's use of theDesignated Products for the useful life of the Des-ignated Products. This Agreement does not grantany rights to source code.3.2. If the Software licensed under this Agree-

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