Tait TM9100 Installation Manual - page 26
26
TM9100 110W Mobile Radio Installation Guide
© Tait LimitedOctober 2012
construed as an admission or presumption of pub-
lication of the Software or public disclosure of any
trade secrets associated with the Software.
11.2. COMPLIANCE WITH LAWS. Licensee
acknowledges that the Software may be subject to
the laws and regulations of the jurisdiction cover-
ing the supply of the Designated Products and will
comply with all applicable laws and regulations,
including export laws and regulations, of that
country.
11.3. ASSIGNMENTS AND SUBCON-
TRACTING. Tait may assign its rights or sub-
contract its obligations under this Agreement, or
encumber or sell its rights in any Software, with-
out prior notice to, or consent of, Licensee.
11.4. GOVERNING LAW. This Agreement shall
be subject to and construed in accordance with
New Zealand law and disputes between the par-
ties 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 judgment in relation to a
breach of the terms hereof in any jurisdiction Tait
considers fit for the purpose of ensuring compli-
ance with the terms hereof or obtaining relief for
breach of the terms hereof.
11.5. THIRD-PARTY BENEFICIARIES. This
Agreement is entered into solely for the benefit of
Tait and Licensee. No third party has the right to
make any claim or assert any right under this
Agreement, and no third party is deemed a bene-
ficiary of this Agreement. Notwithstanding the
foregoing, any licensor or supplier of third-party
software included in the Software will be a direct
and intended third-party beneficiary of this
Agreement.
11.6. SURVIVAL. Sections 4, 5, 6.3, 7, 8, 9, 10,
and 11 survive the termination of this Agreement.
11.7. ORDER OF PRECEDENCE. In the
event of inconsistencies between this Agreement
and any other Agreement between the parties, the
parties agree that, with respect to the specific sub-
ject matter of this Agreement, this Agreement
prevails.
11.8. SECURITY. Tait uses reasonable means in
the design and writing of its own Software and the
acquisition of third-party Software in order to
limit Security Vulnerabilities. While no software
can be guaranteed to be free from Security Vul-
nerabilities, if a Security Vulnerability is discov-
ered, Tait will take the steps specified in Section 6
of this Agreement.
11.9. EXPORT. Licensee will not transfer,
directly or indirectly, any Designated Product,
Documentation or Software furnished hereunder
or the direct product of such Documentation or
Software to any country for which New Zealand
or any other applicable country requires an export
license or other governmental approval without
first obtaining such license or approval.
11.10. SEVERABILITY. In the event that any
part or parts of this Agreement shall be held illegal
or null and void by any court or administrative
body of competent jurisdiction, such determina-
tion shall not affect the remaining terms which
shall remain in full force and effect as if such part
or parts held to be illegal or void had not been
included in this Agreement. Tait may replace the
invalid or unenforceable provision with a valid
and enforceable provision that achieves the origi-
nal intent and economic effect of this Agreement.
11.11. CONSUMER GUARANTEES. Licen-
see acknowledges that the licenses supplied in
terms of this agreement are supplied to Licensee
in business, and that the guarantees and other pro-
visions of prevailing consumer protection legisla-
tion shall not apply.
11.12. WHOLE AGREEMENT. Licensee
acknowledges that it has read this Agreement,
understands it and agrees to be bound by its terms
and conditions. Licensee also agrees that, subject
only to the express terms of any other agreement
between Tait and Licensee to the contrary, this is
the complete and exclusive statement of the
Agreement between it and Tait in relation to the
Software. This Agreement supersedes any pro-
posal or prior agreement, oral or written, and any
other communications between Licensee and Tait
relating to the Software and the Designated Prod-
ucts.