Tait TM9100 Installation Manual - page 24
24
TM9100 110W Mobile Radio Installation Guide
© Tait LimitedOctober 2012
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 infor-
mation about Open Source Components con-
tained 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," "applica-
tion 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, create deriva-
tive 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 Docu-
mentation to be placed in the public domain; (vi)
remove, or in any way alter or obscure any copy-
right 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 pro-
duction 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 Soft-
ware at the same time as the original Software is
being operated. Licensee may make as many cop-
ies 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 Soft-
ware installed on a Designated Product to another
device if the Designated Product is inoperable or
malfunctioning. Temporary transfer of the Soft-
ware to another device must be discontinued
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 security regulations. Tait is
responsible for the payment 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 Agree-
ment. Any information obtained by Tait during
the course of the inspection 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 devel-
opment 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 Agree-
ment, Tait warrants that the unmodified Software,
when used properly and in accordance with the
Documentation and this Agreement, will be free
from a reproducible defect that eliminates the
functionality or successful operation of a feature
critical to the primary functionality or successful
operation of the Software. Whether a defect has
occurred will be determined solely by Tait. Tait
does not warrant that Licensee’s use of the Soft-
ware or the Designated Products will be uninter-
rupted, error-free, completely free of Security
Vulnerabilities, or that the Software or the Desig-
nated Products will meet Licensee’s particular
requirements. Tait makes no representations or
warranties with respect to any third-party sof-
tware included in the Software.
6.2 Tait sole obligation to Licensee, and Licensee’s
exclusive remedy under this warranty, is to use
reasonable efforts to remedy any material Soft-
ware defect covered by this warranty. These
efforts will involve either replacing the media or
attempting to correct significant, demonstrable