Tait TP9300 Series DMR User Manual

Contents

146 Tait Software Licence Agreementthird parties on a "time sharing,""application service provider," "servicebureau" basis, or for any other similarcommercial rental or sharingarrangement.4.2. Licensee will not, and will notdirectly or indirectly allow or enableany third party to: (i) reverse engineer,disassemble, extract components,decompile, reprogram, or otherwisereduce the Software or any portionthereof to a human perceptible form orotherwise attempt to recreate thesource code; (ii) modify, adapt, createderivative works of, or merge theSoftware; (iii) copy, reproduce,distribute, lend, or lease the Softwareor Documentation to any third party;(iv) grant any sublicense or other rightsin the Software or Documentation toany third party; (v) take any action thatwould cause the Software orDocumentation to be placed in thepublic domain; (vi) remove, or in anyway alter or obscure any copyrightnotice or other notice of Tait or third-party licensor’s proprietary rights; (vii)provide, copy, transmit, disclose,divulge or make the Software orDocumentation available to, or permitthe use of the Software by, any thirdparty or on any machine except asexpressly authorized by thisAgreement; or (viii) use, or permit theuse of, the Software in a manner thatwould result in the production of a copyof the Software by any meanswhatsoever other than what ispermitted in this Agreement. Licenseemay make one copy of the Software tobe used solely for archival, back-up, ordisaster recovery purposes; providedthat Licensee may not operate thatcopy of the Software at the same timeas the original Software is beingoperated. Licensee may make asmany copies of the Documentation asit may reasonably require for theinternal use of the Software.4.3. Unless otherwise authorized byTait in writing, Licensee will not, andwill not enable or allow any third partyto: (i) install a copy of the Software onmore than one unit of a DesignatedProduct; or (ii) copy or transferSoftware installed on one unit of aDesignated Product to any otherdevice. Licensee may temporarilytransfer Software installed on aDesignated Product to another deviceif the Designated Product is inoperableor malfunctioning. Temporary transferof the Software to another device mustbe discontinued when the originalDesignated Product is returned tooperation and the Software must beremoved from the other device.4.4. Licensee will maintain, during theterm of this Agreement and for aperiod of two years thereafter,accurate records relating to thislicense grant to verify compliance withthis Agreement. Tait, or a third partynominated by Tait, may inspectLicensee’s premises, books andrecords, upon reasonable prior noticeto Licensee, during Licensee’s normalbusiness hours and subject toLicensee's facility and securityregulations. Tait is responsible for thepayment of all expenses and costs ofthe inspection, provided that Licenseeshall indemnify Tait for all costs(including audit costs and legal costson a solicitor client basis) if Licenseehas breached the terms of thisAgreement. Any information obtainedby Tait during the course of theinspection will be kept in strictconfidence by Tait and used solely forthe purpose of verifying Licensee'scompliance with the terms of thisAgreement.SECTION 5 OWNERSHIP ANDTITLETait, its licensors, and its suppliersretain all of their Intellectual PropertyRights in and to the Software andDocumentation, in any form. No rightsare granted to Licensee under thisAgreement by implication, estoppel or