User's Manual

42 Tait Software Licence Agreement
enhancements, new versions and new
releases of the software provided by Tait; and
(iii) may contain one or more items of
software owned by a third-party supplier.
The term "Software" does not include any
third-party software provided under separate
license or not licensable under the terms of
this Agreement.
“Source Code” means software expressed
in human readable language necessary for
understanding, maintaining, modifying,
correcting, and enhancing any software
referred to in this Agreement and includes all
states of that software prior to its
compilation into an executable programme.
“Tait” means Tait Limited and includes its
Affiliates.
SECTION 2 SCOPE
This Agreement contains the terms and
conditions of the license Tait is providing to
Licensee, and of Licensee’s use of the
Software and Documentation. Tait and
Licensee enter into this Agreement in
connection with Tait delivery of certain
proprietary Software and/or products
containing embedded or pre-loaded
proprietary Software.
SECTION 3 GRANT OF LICENSE
3.1. Subject to the provisions of this
Agreement and the payment of applicable
license fees, Tait grants to Licensee a
personal, limited, non-transferable (except as
permitted in Section 7), and non-exclusive
license to use the Software in executable
code form, and the Documentation, 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
Agreement 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
components, 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, create 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 operate 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.