Tait TP9400 User Manual - “Software”
140 Tait Software Licence Agreement
(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, translations, 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 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.
S
ECTION
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.
S
ECTION
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/
S
ECTION
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