Manual

English
26 Tait general software licence agreement
IT IN BUSINESS AND ACCORDINGLY TO THE MAXIMUM
EXTENT PERMITTED BY LAW NO TERMS OR WARRAN-
TIES WHICH ARE IMPLIED BY LEGISLATION SHALL APPLY
TO THIS AGREEMENT. TAIT DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE SOFTWARE OR
FIRMWARE (INCLUDING OPEN SOURCE COMPONENTS)
WILL MEET THE LICENSEE’S REQUIREMENTS OR THAT
THE OPERATION OF THE SOFTWARE OR FIRMWARE
(
INCLUDING OPEN SOURCE COMPONENTS) WILL BE
UNINTERRUPTED OR ERROR FREE.
Exclusion of Liability
IN NO CIRCUMSTANCES SHALL TAIT BE UNDER ANY
LIABILITY TO THE LICENSEE, OR ANY OTHER PERSON
WHATSOEVER, WHETHER IN TORT (INCLUDING NEGLI-
GENCE), CONTRACT (EXCEPT AS EXPRESSLY PROVIDED
IN THIS AGREEMENT), EQUITY, UNDER ANY STATUTE,
OR OTHERWISE AT LAW FOR ANY LOSSES OR DAMAGES
WHETHER GENERAL, SPECIAL, EXEMPLARY, PUNITIVE,
DIRECT, INDIRECT OR CONSEQUENTIAL ARISING OUT
OF OR IN CONNECTION WITH ANY USE OR INABILITY OF
USING THE SOFTWARE OR FIRMWARE (INCLUDING
OPEN SOURCE COMPONENTS).
THE LICENSEE’S SOLE REMEDY AGAINST TAIT WILL BE
LIMITED TO BREACH OF CONTRACT AND TAIT’S SOLE
AND TOTAL LIABILITY FOR ANY SUCH CLAIM SHALL BE
LIMITED AT THE OPTION OF TAIT TO THE REPAIR OR
REPLACEMENT OF THE SOFTWARE OR FIRMWARE OR
THE REFUND OF THE PURCHASE PRICE OF THE SOFT-
WARE OR FIRMWARE.
General
THE LICENSEE CONFIRMS THAT IT SHALL COMPLY WITH
THE PROVISIONS OF LAW IN RELATION TO THE SOFT-
WARE OR FIRMWARE.
Law and Jurisdiction
THIS AGREEMENT SHALL BE SUBJECT TO AND
CONSTRUED IN ACCORDANCE WITH NEW ZEALAND
LAW AND DISPUTES BETWEEN THE PARTIES CONCERN-
ING THE PROVISIONS HEREOF SHALL BE DETERMINED
BY THE NEW ZEALAND COURTS OF LAW. PROVIDED
HOWEVER TAIT MAY AT ITS ELECTION BRING PROCEED-
INGS FOR BREACH OF THE TERMS HEREOF OR FOR THE
ENFORCEMENT OF ANY JUDGEMENT IN RELATION TO A
BREACH OF THE TERMS HEREOF IN ANY JURISDICTION
TAIT CONSIDERS FIT FOR THE PURPOSE OF ENSURING
COMPLIANCE WITH THE TERMS HEREOF OR OBTAINING
RELIEF FOR BREACH OF THE TERMS HEREOF.
No Dealings
THE LICENSEE MAY NOT SUBLICENSE, ASSIGN OR
TRANSFER THE LICENCE OR THE PROGRAM EXCEPT AS
EXPRESSLY PROVIDED IN THIS AGREEMENT. ANY
ATTEMPT OTHERWISE TO SUBLICENSE, ASSIGN OR
TRANSFER ANY OF THE RIGHTS, DUTIES OR OBLIGA-
TIONS HEREUNDER IS VOID.
No Other Terms
THE LICENSEE ACKNOWLEDGES THAT IT HAS READ THIS
AGREEMENT, UNDERSTANDS IT AND AGREES TO BE
BOUND BY ITS TERMS AND CONDITIONS. THE LICENSEE
FURTHER AGREES THAT SUBJECT ONLY TO ANY
EXPRESS WRITTEN TERMS OF AGREEMENT TO THE
CONTRARY BETWEEN TAIT AND THE LICENSEE THIS IS
THE COMPLETE AND EXCLUSIVE STATEMENT OF THE
AGREEMENT BETWEEN IT AND TAIT IN RELATION TO
THE SOFTWARE OR FIRMWARE WHICH SUPERSEDES
ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR
WRITTEN AND ANY OTHER COMMUNICATIONS
BETWEEN THE LICENSEE AND TAIT RELATING TO THE
SOFTWARE OR FIRMWARE.