User's Manual

2 Tait general software licence agreement
Limited Warranty
THE SOFTWARE OR FIRMWARE IS SUPPLIED BY TAIT
AND ACCEPTED BY THE LICENSEE “ AS IS ” WITHOUT
WARRANTY OF ANY KIND EITHER EXPRESSED OR
IMPLIED , INCLUDING BUT NOT BEING LIMITED TO
ANY IMPLIED WARRANTIES AS TO MERCHANTABIL -
ITY OR FITNESS FOR ANY PARTICULAR PURPOSE .
THE LICENSEE ACKNOWLEDGES THAT THE SOFT -
WARE OR FIRMWARE 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 SOFT -
WARE OR FIRMWARE WILL MEET THE LICENSEE ’ S
REQUIREMENTS OR THAT THE OPERATION OF THE
SOFTWARE OR FIRMWARE WILL BE UNINTERRUPTED
OR ERROR FREE .
Exclusion of Liability
TAIT’S ENTIRE LIABILITY AND THE LICENSEE’S
EXCLUSIVE REMEDY SHALL BE THE FOLLOWING:
1.
IN NO CIRCUMSTANCES SHALL TAIT BE UNDER
ANY LIABILITY TO THE LICENSEE, OR ANY
OTHER PERSON WHATSOEVER, FOR ANY
DIRECT OR CONSEQUENTIAL DAMAGE ARIS-
ING OUT OF OR IN CONNECTION WITH ANY
USE OR INABILITY OF USING THE SOFTWARE OR
FIRMWARE.
2.
TAIT WARRANTS THE OPERATION OF THE SOFT-
WARE OR FIRMWARE ONLY WITH THE OPERAT-
ING SYSTEM FOR WHICH IT WAS DESIGNED.
USE OF THE SOFTWARE OR FIRMWARE WITH
AN OPERATING SYSTEM OTHER THAN THAT
FOR WHICH IT WAS DESIGNED MAY NOT BE
SUPPORTED BY TAIT, UNLESS OTHERWISE
EXPRESSLY AGREED BY TAIT.
General
THE LICENSEE CONFIRMS THAT IT SHALL
COMPLY WITH THE PROVISIONS OF LAW IN
RELATION TO THE SOFTWARE OR FIRMWARE.
Law and Jurisdiction
THIS AGREEMENT SHALL BE SUBJECT TO AND
CONSTRUED IN ACCORDANCE WITH NEW
ZEALAND LAW AND DISPUTES BETWEEN THE
PARTIES CONCERNING 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 AGREE -
MENT . ANY ATTEMPT OTHERWISE TO SUBLICENSE ,
ASSIGN OR TRANSFER ANY OF THE RIGHTS ,
DUTIES OR OBLIGATIONS 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 SUPER-
SEDES ANY PROPOSAL OR PRIOR AGREEMENT,
ORAL OR WRITTEN AND ANY OTHER COMMUNI-
CATIONS BETWEEN THE LICENSEE AND TAIT
RELATING TO THE SOFTWARE OR FIRMWARE.