Tait TM9300 DMR Installation Manual

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TM9300/TM9400 Installation Guide Tait General Software Licence Agreement 41© Tait Limited December 2015Tait General 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 from theTait website, or provided in any other form, youagree to be bound by the terms of this Agree-ment. If you do not agree to the terms of thisAgreement, do not install or use any of the Soft-ware. If you install or use any of the Software,that will be deemed to be acceptance of theterms 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 informa-tion relating to the Designated Products, har-dware, software; copyright, design registra-tions, trademarks; operations, processes, andrelated business affairs of Tait; and includingany other goods or property supplied by Tait toLicensee pursuant to the terms of this Agree-ment.“Designated Products” means products pro-vided by Tait to Licensee with which or forwhich the Software and Documentation islicensed for use.“Documentation” means product and sof-tware documentation that specifies technicaland performance features and capabilities; user,operation, and training manuals for the Soft-ware; and all physical or electronic media uponwhich such information is provided.“Executable Code” means Software in a formthat can be run in a computer and typicallyrefers to machine language, which is comprisedof native instructions the computer carries out inhardware. Executable code may also refer toprograms 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, tradenames, and other proprietary rights in or relatingto the Software and Documentation; includingany adaptations, corrections, de-compilations,disassemblies, emulations, enhancements fixes,modifications, translations and updates to orderivative works from, the Software or Docu-mentation, whether made by Tait or anotherparty, or any improvements that result from Taitprocesses 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 licensefor modification, or permission for free distribu-tion.“Open Source Software License” means theterms 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 gov-ernmental 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 sto-len, or a system is damaged.“Software” (i) means proprietary software inexecutable code format, and adaptations, trans-lations, de-compilations, disassemblies, emula-tions, or derivative works of such software; (ii)means any modifications, enhancements, newversions and new releases of the software pro-vided by Tait; and (iii) may contain one or moreitems of software owned by a third-party sup-plier. The term "Software" does not include anythird-party software provided under separatelicense or not licensable under the terms of thisAgreement.“Source Code” means software expressed inhuman readable language necessary for under-standing, maintaining, modifying, correcting,and enhancing any software referred to in thisAgreement and includes all states of that sof-tware prior to its compilation into an executableprogramme.“Tait” means Tait Limited and includes itsAffiliates.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 Doc-umentation. 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-transferable (except as permitted in Section 7),and non-exclusive license to use the Software inexecutable code form, and the Documentation,