Tait TP9300 User Manual

Also see for TP9300: Manual User guide User guide Battery Charging Guide User guide

Contents

126 Tait Software Licence Agreementotherwise, except for those rightswhich are expressly granted toLicensee in this Agreement. AllIntellectual Property developed,originated, or prepared by Tait inconnection with providing theSoftware, Designated Products,Documentation, or related services,remains vested exclusively in Tait, andLicensee will not have any shareddevelopment or other IntellectualProperty Rights.SECTION 6 LIMITEDWARRANTY; DISCLAIMEROF WARRANTY6.1. The commencement date and theterm of the Software warranty will be aperiod of one (1) year from Taitshipment of the Software. If Licenseeis not in breach of any obligationsunder this Agreement, Tait warrantsthat the unmodified Software, whenused properly and in accordance withthe Documentation and thisAgreement, will be free from areproducible defect that eliminates thefunctionality or successful operation ofa feature critical to the primaryfunctionality or successful operation ofthe Software. Whether a defect hasoccurred will be determined solely byTait. Tait does not warrant thatLicensee’s use of the Software or theDesignated Products will beuninterrupted, error-free, completelyfree of Security Vulnerabilities, or thatthe Software or the DesignatedProducts will meet Licensee’sparticular requirements. Tait makes norepresentations or warranties withrespect to any third-party softwareincluded in the Software.6.2 Tait sole obligation to Licensee,and Licensee’s exclusive remedyunder this warranty, is to usereasonable efforts to remedy anymaterial Software defect covered bythis warranty. These efforts will involveeither replacing the media orattempting to correct significant,demonstrable program ordocumentation errors or SecurityVulnerabilities. If Tait cannot correctthe defect within a reasonable time,then at Tait option, Tait will replace thedefective Software with functionallyequivalent Software, license toLicensee substitute Software whichwill accomplish the same objective, orterminate the license and refundLicensee’s paid license fee. If Taitinvestigation of the perceived defectreveals that no such defect in factexists, Tait may recover its costs inrespect of such investigation fromLicensee.6.3. Tait disclaims any and all otherwarranties relating to the Software orDocumentation other than the expresswarranties set forth in this Section 6.Warranties in Section 6 are in lieu of allother warranties whether express orimplied, oral or written, and includingwithout limitation any and all impliedwarranties of condition, title, non-infringement, merchantability, orfitness for a particular purpose or useby Licensee (whether Tait knows, hasreason to know, has been advised of,or is otherwise aware of any suchpurpose or use), whether arising bylaw, by reason of custom or usage oftrade, or by course of dealing. Inaddition, Tait disclaims any warrantyto any person other than Licensee withrespect to the Software orDocumentation.SECTION 7 TRANSFERS7.1. Licensee will not transfer theSoftware or Documentation to anythird party without specific prior writtenconsent from Tait. Tait may withholdsuch consent or at its own discretionmake the consent conditional upon thetransferee paying applicable licensefees and agreeing to be bound by thisAgreement.7.2. In the case of a value-addedreseller or distributor of TaitDesignated Products, the consent