Safety Instructions

Tait Software License Agreement 19
English
excludes TaitNet Infrastructure, or the prod-
ucts listed at any time under network products
at: http://www.taitradio.com.
7.5. If Licensee, as a contractor or subcontrac-
tor (integrator), is purchasing Tait Designated
Products and licensing Software not for its own
internal use but for end use only by a Customer,
the Licensee may transfer such Software, but
only if a) Licensee transfers all copies of such
Software and the related Documentation to the
transferee and b) Licensee has first obtained
from its Customer (and, if Licensee is acting as
a subcontractor, from the interim transferee(s)
and from the ultimate end user sub license) an
enforceable sublicense agreement that prohib-
its any other transfer and that contains restric-
tions substantially identical to the terms set
forth in this Software License Agreement.
Except as stated in the foregoing, Licensee and
any transferee(s) authorised by this Section
may not otherwise transfer or make available
any Tait Software to any third party nor permit
any party to do so. Licensee will, on request,
make available evidence reasonably satisfac-
tory to Tait demonstrating compliance with all
the foregoing.
Section 8 TERM AND TERMINATION
8.1. Licensee’s right to use the Software and
Documentation will commence when the Des-
ignated Products are supplied by Tait to
Licensee and will continue for the life of the
Designated Products with which or for which
the Software and Documentation are supplied,
unless Licensee breaches this Agreement, in
which case this Agreement and Licensee's right
to use the Software and Documentation may be
terminated immediately upon notice by Tait.
8.2. Within thirty (30) days after termination of
this Agreement, Licensee must certify in writ-
ing to Tait that all copies of the Software have
been removed or deleted from the Designated
Products and that all copies of the Software
and Documentation have been returned to Tait
or destroyed by Licensee and are no longer in
use by Licensee.
8.3. Licensee acknowledges that Tait made a
considerable investment of resources in the
development, marketing, and distribution of
the Software and Documentation and that
Licensee's breach of this Agreement will result
in irreparable harm to Tait for which monetary
damages would be inadequate. If Licensee
breaches this Agreement, Tait may terminate
this Agreement and be entitled to all available
remedies at law or in equity including immedi-
ate injunctive relief and repossession of all non-
embedded Software and associated Documen-
tation. Licensee shall pay all Tait costs (on an
indemnity basis) for the enforcement of the
terms of this Agreement.
Section 9 CONFIDENTIALITY
Licensee acknowledges that the Software and
Documentation contain proprietary and Confi-
dential Information valuable to Tait and are Tait
trade secrets, and Licensee agrees to respect
the confidentiality of the information contained
in the Software and Documentation.
Section 10 LIMITATION OF LIABILITY
10.1. In no circumstances shall Tait be under
any liability to Licensee, or any other person
whatsoever, whether in Tort (including negli-
gence), Contract (except as expressly provided
in this Agreement), Equity, under any Statute,
or otherwise at law for any losses or damages
whether general, special, exemplary, punitive,
direct, indirect, or consequential arising out of
or in connection with any use or inability of
using the Software.
10.2. Licensee’s sole remedy against Tait will be
limited to breach of contract and Tait sole and
total liability for any such claim shall be limited
at the option of Tait to the repair or replace-
ment of the Software or the refund of the pur-
chase price of the Software.
Section 11 GENERAL
11.1. COPYRIGHT NOTICES. The existence of a
copyright notice on the Software will not be
construed as an admission or presumption of
publication of the Software or public disclosure
of any trade secrets associated with the Soft-
ware.
11.2. COMPLIANCE WITH LAWS. Licensee
acknowledges that the Software may be sub-
ject to the laws and regulations of the jurisdic-
tion covering 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 SUBCONTRACTING.
Tait may assign its rights or subcontract its
obligations under this Agreement, or encumber
or sell its rights in any Software, without 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
parties concerning the provisions hereof shall
be determined by the New Zealand Courts of