Tait TM9100 Installation Manual - page 23
TM9100 110W Mobile Radio Installation Guide
23
© Tait Limited October 2012
Tait Software License Agreement
This Software License Agreement ("Agreement")
is between you (“Licensee”) and Tait Limited
(“Tait").
By using any of the Software items embedded and
pre-loaded in the related Tait Designated Product,
included on CD, downloaded from the Tait web-
site, or provided in any other form, you agree to
be bound by the terms of this Agreement. If you
do not agree to the terms of this Agreement, do
not install or use any of the Software. If you install
or use any of the Software, that will be deemed to
be acceptance of the terms of this Agreement.
For good and valuable consideration, the parties
agree as follows:
Section 1 DEFINITIONS
“Confidential Information”
means all or any
information supplied to or received by Licensee
from Tait, whether before or after installation or
use and whether directly or indirectly pertaining
to the Software and Documentation supplied by
Tait, including without limitation all information
relating to the Designated Products, hardware,
software; copyright, design registrations, trade-
marks; operations, processes, and related business
affairs of Tait; and including any other goods or
property supplied by Tait to Licensee pursuant to
the terms of this Agreement.
“Designated Products”
means products pro-
vided by Tait to Licensee with which or for which
the Software and Documentation is licensed for
use.
“Documentation”
means product and software
documentation that specifies technical and per-
formance features and capabilities; user, opera-
tion, and training manuals for the Software; and
all physical or electronic media upon which such
information is provided.
“Executable Code”
means Software in a form
that can be run in a computer and typically refers
to machine language, which is comprised of
native instructions the computer carries out in
hardware. Executable code may also refer to pro-
grams written in interpreted languages that
require additional software to actually execute.
“Intellectual Property Rights”
and “Intel-
lectual Property”
mean the following or their
substantial equivalents or counterparts, recog-
nized by or through action before any govern-
mental authority in any jurisdiction throughout
the world and including, but not limited to all
rights in patents, patent applications, inventions,
copyrights, trademarks, trade secrets, trade names,
and other proprietary rights in or relating to the
Software and Documentation; including any
adaptations, corrections, de-compilations, disas-
semblies, emulations, enhancements fixes, modi-
fications, translations and updates to or derivative
works from, the Software or Documentation,
whether made by Tait or another party, or any
improvements that result from Tait processes or,
provision of information services.
“Licensee”
means any individual or entity that
has accepted the terms of this License.
“Open Source Software”
means software with
freely obtainable source code and license for
modification, or permission for free distribution.
“Open Source Software License”
means the
terms or conditions under which the Open
Source Software is licensed.
“Person”
means any individual, partnership,
corporation, association, joint stock company,
trust, joint venture, limited liability company,
governmental authority, sole proprietorship, or
other form of legal entity recognized by a govern-
mental authority.
“Security Vulnerability”
means any flaw or
weakness in system security procedures, design,
implementation, or internal controls that if exer-
cised (accidentally triggered or intentionally
exploited) could result in a security breach such
that data is compromised, manipulated, or stolen,
or a system is damaged.
“Software”
(i) means proprietary software in
executable code format, and adaptations, transla-
tions, de-compilations, disassemblies, emulations,
or derivative works of such software; (ii) means
any modifications, enhancements, new versions
and new releases of the software provided by Tait;
and (iii) may contain one or more items of sof-
tware owned by a third-party supplier. The term
"Software" does not include any third-party sof-
tware provided under separate license or not
licensable under the terms of this Agreement.
“Source Code”
means software expressed in
human readable language necessary for under-
standing, maintaining, modifying, correcting, and
enhancing any software referred to in this Agree-
ment and includes all states of that software prior
to its compilation into an executable programme.
“Tait”
means Tait Limited and includes its Affil-
iates.
Section 2 SCOPE
This Agreement contains the terms and condi-
tions of the license Tait is providing to Licensee,
and of Licensee’s use of the Software and Docu-
mentation. 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-trans-
ferable (except as permitted in Section 7), and
non-exclusive license to use the Software in exe-
cutable code form, and the Documentation,
solely in connection with Licensee's use of the
Designated Products for the useful life of the Des-
ignated Products. This Agreement does not grant
any rights to source code.
3.2. If the Software licensed under this Agree-