User's Manual

94 Tait general software licence agreement
WARRANTY OF ANY KIND EITHER EXPRESSED OR
IMPLIED, INCLUDING BUT NOT BEING LIMITED TO ANY
IMPLIED WARRANTIES AS TO MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE. THE LICEN-
SEE ACKNOWLEDGES THAT THE SOFTWARE OR
FIRMWARE (INCLUDING OPEN SOURCE COMPONENTS)
IS USED BY IT IN BUSINESS AND ACCORDINGLY TO THE
MAXIMUM EXTENT PERMITTED BY LAW NO TERMS OR
WARRANTIES 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 REQUIRE-
MENTS OR THAT THE OPERATION OF THE SOFTWARE
OR FIRMWARE (INCLUDING OPEN SOURCE COMPO-
NENTS) 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
PROCEEDINGS FOR BREACH OF THE TERMS HEREOF OR
FOR THE ENFORCEMENT OF ANY JUDGEMENT IN RELA-
TION 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.