Safety Instructions

20
Tait Software License Agreement
English
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 compliance 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 beneficiary of this Agreement. Not-
withstanding 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
subject matter of this Agreement, this Agree-
ment 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 sof-
tware can be guaranteed to be free from Secu-
rity Vulnerabilities, if a Security Vulnerability is
discovered, 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 hereun-
der or the direct product of such Documenta-
tion or Software to any country for which New
Zealand or any other applicable country
requires an export license or other governmen-
tal 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 determi-
nation 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 original intent and economic
effect of this Agreement.
11.11. CONSUMER GUARANTEES. Licensee
acknowledges that the licenses supplied in
terms of this agreement are supplied to
Licensee in business, and that the guarantees
and other provisions of prevailing consumer
protection legislation shall not apply.
11.12. WHOLE AGREEMENT. Licensee acknowl-
edges that it has read this Agreement, under-
stands it and agrees to be bound by its terms
and conditions. Licensee also agrees that, sub-
ject 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 proposal or prior agreement,
oral or written, and any other communications
between Licensee and Tait relating to the Soft-
ware and the Designated Products.