Tait TP9400 Series P25 User Manual

Contents

174 Tait Software Licence AgreementTait trade secrets, and Licenseeagrees to respect the confidentiality ofthe information contained in theSoftware and Documentation.SECTION 10 LIMITATION OFLIABILITY10.1. In no circumstances shall Tait beunder any liability to Licensee, or anyother person whatsoever, whether inTort (including negligence), Contract(except as expressly provided in thisAgreement), Equity, under anyStatute, or otherwise at law for anylosses or damages whether general,special, exemplary, punitive, direct,indirect, or consequential arising out ofor in connection with any use orinability of using the Software.10.2. Licensee’s sole remedy againstTait will be limited to breach of contractand Tait sole and total liability for anysuch claim shall be limited at theoption of Tait to the repair orreplacement of the Software or therefund of the purchase price of theSoftware.SECTION 11 GENERAL11.1. COPYRIGHT NOTICES. Theexistence of a copyright notice on theSoftware will not be construed as anadmission or presumption ofpublication of the Software or publicdisclosure of any trade secretsassociated with the Software.11.2. COMPLIANCE WITH LAWS.Licensee acknowledges that theSoftware may be subject to the lawsand regulations of the jurisdictioncovering the supply of the DesignatedProducts and will comply with allapplicable laws and regulations,including export laws and regulations,of that country.11.3. ASSIGNMENTS ANDSUBCONTRACTING. Tait may assignits rights or subcontract its obligationsunder this Agreement, or encumber orsell its rights in any Software, withoutprior notice to, or consent of, Licensee.11.4. GOVERNING LAW. ThisAgreement shall be subject to andconstrued in accordance with NewZealand law and disputes between theparties concerning the provisionshereof shall be determined by the NewZealand Courts of Law. Providedhowever Tait may at its election bringproceedings for breach of the termshereof or for the enforcement of anyjudgment in relation to a breach of theterms hereof in any jurisdiction Taitconsiders fit for the purpose ofensuring compliance with the termshereof or obtaining relief for breach ofthe terms hereof.11.5. THIRD-PARTYBENEFICIARIES. This Agreement isentered into solely for the benefit ofTait and Licensee. No third party hasthe right to make any claim or assertany right under this Agreement, and nothird party is deemed a beneficiary ofthis Agreement. Notwithstanding theforegoing, any licensor or supplier ofthird-party software included in theSoftware will be a direct and intendedthird-party beneficiary of thisAgreement.11.6. SURVIVAL. Sections 4, 5, 6.3, 7,8, 9, 10, and 11 survive the terminationof this Agreement.11.7. ORDER OF PRECEDENCE. Inthe event of inconsistencies betweenthis Agreement and any otherAgreement between the parties, theparties agree that, with respect to thespecific subject matter of thisAgreement, this Agreement prevails.11.8. SECURITY. Tait usesreasonable means in the design andwriting of its own Software and theacquisition of third-party Software inorder to limit Security Vulnerabilities.While no software can be guaranteedto be free from Security Vulnerabilities,if a Security Vulnerability isdiscovered, Tait will take the stepsspecified in Section 6 of thisAgreement.