User's Manual

132 TB9400 Installation and Operation Manual
© Tait Limited December 2013 (Draft)
solely in connection with Licensee's use of the
Designated Products for the useful life of the
Designated Products. This Agreement does not
grant any rights to source code.
3.2. If the Software licensed under this Agree-
ment contains or is derived from Open Source
Software, the terms and conditions governing the
use of such Open Source Software are in the
Open Source Software Licenses of the copyright
owner and not in this Agreement. If there is a
conflict between the terms and conditions of this
Agreement and the terms and conditions of the
any applicable Open Source Software Licenses,
the terms and conditions of the Open Source
Software Licenses will take precedence. For
information about Open Source Components
contained in Tait products and the related Open
Source licenses, see:
http://support.taitradio.com/go/opensource
Section 4 LIMITATIONS ON USE
4.1. Licensee may use the Software only for
Licensee's internal business purposes and only in
accordance with the Documentation. Any other
use of the Software is strictly prohibited. Without
limiting the general nature of these restrictions,
Licensee will not make the Software available
for use by third parties on a "time sharing,"
"application service provider," "service bureau"
basis, or for any other similar commercial rental
or sharing arrangement.
4.2. Licensee will not, and will not directly or
indirectly allow or enable any third party to: (i)
reverse engineer, disassemble, extract compo-
nents, decompile, reprogram, or otherwise
reduce the Software or any portion thereof to a
human perceptible form or otherwise attempt to
recreate the source code; (ii) modify, adapt, cre-
ate derivative works of, or merge the Software;
(iii) copy, reproduce, distribute, lend, or lease the
Software or Documentation to any third party;
(iv) grant any sublicense or other rights in the
Software or Documentation to any third party;
(v) take any action that would cause the Software
or Documentation to be placed in the public
domain; (vi) remove, or in any way alter or
obscure any copyright notice or other notice of
Tait or third-party licensor’s proprietary rights;
(vii) provide, copy, transmit, disclose, divulge or
make the Software or Documentation available
to, or permit the use of the Software by, any third
party or on any machine except as expressly
authorized by this Agreement; or (viii) use, or
permit the use of, the Software in a manner that
would result in the production of a copy of the
Software by any means whatsoever other than
what is permitted in this Agreement. Licensee
may make one copy of the Software to be used
solely for archival, back-up, or disaster recovery
purposes; provided that Licensee may not oper-
ate that copy of the Software at the same time as
the original Software is being operated. Licensee
may make as many copies of the Documentation
as it may reasonably require for the internal use
of the Software.
4.3. Unless otherwise authorized by Tait in writ-
ing, Licensee will not, and will not enable or
allow any third party to: (i) install a copy of the
Software on more than one unit of a Designated
Product; or (ii) copy or transfer Software
installed on one unit of a Designated Product to
any other device. Licensee may temporarily
transfer Software installed on a Designated Prod-
uct to another device if the Designated Product is
inoperable or malfunctioning. Temporary trans-
fer of the Software to another device must be dis-
continued when the original Designated Product
is returned to operation and the Software must be
removed from the other device.
4.4. Licensee will maintain, during the term of
this Agreement and for a period of two years
thereafter, accurate records relating to this
license grant to verify compliance with this
Agreement. Tait, or a third party nominated by
Tait, may inspect Licensee’s premises, books and
records, upon reasonable prior notice to
Licensee, during Licensee’s normal business
hours and subject to Licensee's facility and secu-
rity regulations. Tait is responsible for the pay-
ment of all expenses and costs of the inspection,
provided that Licensee shall indemnify Tait for
all costs (including audit costs and legal costs on
a solicitor client basis) if Licensee has breached
the terms of this Agreement. Any information
obtained by Tait during the course of the inspec-
tion will be kept in strict confidence by Tait and
used solely for the purpose of verifying
Licensee's compliance with the terms of this
Agreement.
Section 5 OWNERSHIP AND TITLE
Tait, its licensors, and its suppliers retain all of
their Intellectual Property Rights in and to the
Software and Documentation, in any form. No
rights are granted to Licensee under this Agree-
ment by implication, estoppel or otherwise,
except for those rights which are expressly
granted to Licensee in this Agreement. All Intel-
lectual Property developed, originated, or pre-
pared by Tait in connection with providing the
Software, Designated Products, Documentation,
or related services, remains vested exclusively in
Tait, and Licensee will not have any shared
development or other Intellectual Property
Rights.
Section 6 LIMITED WARRANTY;
DISCLAIMER OF WARRANTY
6.1. The commencement date and the term of the
Software warranty will be a period of one (1)
year from Tait shipment of the Software. If
Licensee is not in breach of any obligations under
this Agreement, Tait warrants that the unmodi-
fied Software, when used properly and in accor-
dance with the Documentation and this Agree-
ment, will be free from a reproducible defect that
eliminates the functionality or successful opera-
tion of a feature critical to the primary function-
ality or successful operation of the Software.
Whether a defect has occurred will be deter-
mined solely by Tait. Tait does not warrant that
Licensee’s use of the Software or the Designated
Products will be uninterrupted, error-free, com-
pletely free of Security Vulnerabilities, or that the
Software or the Designated Products will meet
Licensee’s particular requirements. Tait makes