55 Tait general software licence agreementTait Software Licence AgreementThis Software License Agreement ("Agree-ment") is between you (“Licensee”) and TaitLimited (“Tait").By using any of the Software items embeddedand pre-loaded in the related Tait DesignatedProduct, included on CD, downloaded fromthe Tait website, or provided in any otherform, you agree to be bound by the terms ofthis Agreement. If you do not agree to theterms of this Agreement, do not install or useany of the Software. If you install or use any ofthe Software, that will be deemed to be accep-tance of the terms of this Agreement.For good and valuable consideration, theparties agree as follows:Section 1 DEFINITIONS“Confidential Information” means all orany information supplied to or received byLicensee from Tait, whether before or afterinstallation or use and whether directly or indi-rectly pertaining to the Software and Docu-mentation supplied by Tait, including withoutlimitation all information relating to the Desig-nated Products, hardware, software; copy-right, design registrations, trademarks;operations, processes, and related businessaffairs of Tait; and including any other goodsor property supplied by Tait to Licensee pursu-ant to the terms of this Agreement.“Designated Products” means productsprovided by Tait to Licensee with which or forwhich the Software and Documentation islicensed for use.“Documentation” means product andsoftware documentation that specifies techni-cal and performance features and capabilities;user, operation, and training manuals for theSoftware; and all physical or electronic mediaupon which such information is provided.“Executable Code” means Software in aform that can be run in a computer and typi-cally refers to machine language, which iscomprised of native instructions the computercarries out in hardware. Executable code mayalso refer to programs written in interpretedlanguages that require additional software toactually execute.“Intellectual Property Rights” and“Intellectual Property” mean the followingor their substantial equivalents or counter-parts, recognized by or through action beforeany governmental authority in any jurisdictionthroughout the world and including, but notlimited to all rights in patents, patent applica-tions, inventions, copyrights, trademarks, tradesecrets, trade names, and other proprietaryrights in or relating to the Software and Docu-mentation; including any adaptations, correc-tions, de-compilations, disassemblies,emulations, enhancements fixes, modifica-tions, translations and updates to or derivativeworks from, the Software or Documentation,whether made by Tait or another party, or anyimprovements that result from Tait processesor, provision of information services.“Licensee” means any individual or entitythat has accepted the terms of this License.“Open Source Software” means softwarewith freely obtainable source code and licensefor modification, or permission for free distri-bution.“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 agovernmental authority.“Security Vulnerability” means any flaw orweakness in system security procedures,design, implementation, or internal controlsthat if exercised (accidentally triggered orintentionally exploited) could result in a secu-rity breach such that data is compromised,manipulated, or stolen, or a system isdamaged.