Tait TM9300 DMR Installation Manual

Also see for TM9300: Quick start guide User guide User guide User guide User guide

TM9300/TM9400 Installation Guide Tait General Software Licence Agreement 43© Tait Limited December 2015Products will meet Licensee’s particularrequirements. Tait makes no representations orwarranties with respect to any third-party sof-tware included in the Software.6.2 Tait sole obligation to Licensee, andLicensee’s exclusive remedy under this war-ranty, is to use reasonable efforts to remedy anymaterial Software defect covered by this war-ranty. These efforts will involve either replacingthe media or attempting to correct significant,demonstrable program or documentation errorsor Security Vulnerabilities. If Tait cannot cor-rect the defect within a reasonable time, then atTait option, Tait will replace the defective Soft-ware with functionally equivalent Software,license to Licensee substitute Software whichwill accomplish the same objective, or terminatethe license and refund Licensee’s paid licensefee. If Tait investigation of the perceived defectreveals that no such defect in fact exists, Taitmay recover its costs in respect of such investi-gation from Licensee.6.3. Tait disclaims any and all other warrantiesrelating to the Software or Documentation otherthan the express warranties set forth in this Sec-tion 6. Warranties in Section 6 are in lieu of allother warranties whether express or implied,oral or written, and including without limitationany and all implied warranties of condition,title, non-infringement, merchantability, or fit-ness for a particular purpose or use by Licensee(whether Tait knows, has reason to know, hasbeen advised of, or is otherwise aware of anysuch purpose or use), whether arising by law, byreason of custom or usage of trade, or by courseof dealing. In addition, Tait disclaims any war-ranty to any person other than Licensee withrespect to the Software or Documentation.Section 7 TRANSFERS7.1. Licensee will not transfer the Software orDocumentation to any third party without spe-cific prior written consent from Tait. Tait maywithhold such consent or at its own discretionmake the consent conditional upon the trans-feree paying applicable license fees and agree-ing to be bound by this Agreement.7.2. In the case of a value-added reseller or dis-tributor of Tait Designated Products, the consentreferred to in Section 7.1 may be contained in aTait Reseller or Tait Distributor Agreement.7.3. If the Designated Products are Tait vehicle-mounted mobile products or hand-carried porta-ble radio products and Licensee transfers own-ership of the Tait mobile or portable radio prod-ucts to a third party, Licensee may assign itsright to use the Software which is embedded inor furnished for use with the radio products andthe related Documentation; provided thatLicensee transfers all copies of the Software andDocumentation to the transferee.7.4. For the avoidance of any doubt, Section 7.3excludes TaitNet Infrastructure, or the productslisted at any time under network products at:http://www.taitradio.com.7.5. If Licensee, as a contractor or subcontractor(integrator), is purchasing Tait DesignatedProducts and licensing Software not for its owninternal use but for end use only by a Customer,the Licensee may transfer such Software, butonly if a) Licensee transfers all copies of suchSoftware and the related Documentation to thetransferee and b) Licensee has first obtainedfrom its Customer (and, if Licensee is acting asa subcontractor, from the interim transferee(s)and from the ultimate end user sub license) anenforceable sublicense agreement that prohibitsany other transfer and that contains restrictionssubstantially identical to the terms set forth inthis Software License Agreement. Except asstated in the foregoing, Licensee and any trans-feree(s) authorised by this Section may not oth-erwise transfer or make available any Tait Soft-ware to any third party nor permit any party todo so. Licensee will, on request, make availableevidence reasonably satisfactory to Tait demon-strating compliance with all the foregoing.Section 8 TERM AND TERMINATION8.1. Licensee’s right to use the Software andDocumentation will commence when the Des-ignated Products are supplied by Tait toLicensee and will continue for the life of theDesignated Products with which or for whichthe Software and Documentation are supplied,unless Licensee breaches this Agreement, inwhich case this Agreement and Licensee's rightto use the Software and Documentation may beterminated immediately upon notice by Tait.8.2. Within thirty (30) days after termination ofthis Agreement, Licensee must certify in writingto Tait that all copies of the Software have beenremoved or deleted from the Designated Prod-ucts and that all copies of the Software and Doc-umentation have been returned to Tait ordestroyed by Licensee and are no longer in useby Licensee.8.3. Licensee acknowledges that Tait made aconsiderable investment of resources in thedevelopment, marketing, and distribution of theSoftware and Documentation and thatLicensee's breach of this Agreement will resultin irreparable harm to Tait for which monetarydamages would be inadequate. If Licenseebreaches this Agreement, Tait may terminatethis Agreement and be entitled to all availableremedies at law or in equity including immedi-ate injunctive relief and repossession of all non-embedded Software and associated Documenta-tion. Licensee shall pay all Tait costs (on anindemnity basis) for the enforcement of theterms of this Agreement.Section 9 CONFIDENTIALITYLicensee acknowledges that the Software andDocumentation contain proprietary and Confi-dential Information valuable to Tait and are Taittrade secrets, and Licensee agrees to respect theconfidentiality of the information contained inthe Software and Documentation.Section 10 LIMITATION OF LIABILITY10.1. In no circumstances shall Tait be underany liability to Licensee, or any other personwhatsoever, whether in Tort (including negli-gence), Contract (except as expressly providedin this Agreement), Equity, under any Statute, or

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