142 Tait Software Licence AgreementTait Software Licence AgreementThis Software License Agreement("Agreement") is between you(“Licensee”) and Tait Limited (“Tait").By using any of the Software itemsembedded and pre-loaded in therelated Tait Designated Product,included on CD, downloaded from theTait website, or provided in any otherform, you agree to be bound by theterms of this Agreement. If you do notagree to the terms of this Agreement,do not install or use any of theSoftware. If you install or use any ofthe Software, that will be deemed to beacceptance of the terms of thisAgreement.For good and valuable consideration,the parties agree as follows:SECTION 1 DEFINITIONS“Confidential Information” means allor any information supplied to orreceived by Licensee from Tait,whether before or after installation oruse and whether directly or indirectlypertaining to the Software andDocumentation supplied by Tait,including without limitation allinformation relating to the DesignatedProducts, hardware, software;copyright, design registrations,trademarks; operations, processes,and related business affairs of Tait;and including any other goods orproperty supplied by Tait to Licenseepursuant to the terms of thisAgreement.“Designated Products” meansproducts provided by Tait to Licenseewith which or for which the Softwareand Documentation is licensed foruse.“Documentation” means product andsoftware documentation that specifiestechnical and performance featuresand capabilities; user, operation, andtraining manuals for the Software; andall physical or electronic media uponwhich such information is provided.“Executable Code” means Softwarein a form that can be run in a computerand typically refers to machinelanguage, which is comprised of nativeinstructions the computer carries out inhardware. Executable code may alsorefer to programs written in interpretedlanguages that require additionalsoftware to actually execute.“Intellectual Property Rights” and“Intellectual Property” mean thefollowing or their substantialequivalents or counterparts,recognized by or through action beforeany governmental authority in anyjurisdiction throughout the world andincluding, but not limited to all rights inpatents, patent applications,inventions, copyrights, trademarks,trade secrets, trade names, and otherproprietary rights in or relating to theSoftware and Documentation;including any adaptations, corrections,de-compilations, disassemblies,emulations, enhancements fixes,modifications, translations andupdates to or derivative works from,the Software or Documentation,whether made by Tait or another party,or any improvements that result fromTait processes or, provision ofinformation services.“Licensee” means any individual orentity that has accepted the terms ofthis License.“Open Source Software” meanssoftware with freely obtainable sourcecode and license for modification, orpermission for free distribution.“Open Source Software License”means the terms or conditions underwhich the Open Source Software islicensed.