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42 licence agreement – QTech Data Systems Tait TM8000 Radio User Manual

Page 42

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42 Licence agreement

ING

OUT

OF

OR

IN

CONNECTION

WITH

ANY

USE

OR

INABILITY

OF

USING

THE

SOFTWARE

OR

FIRMWARE

(

INCLUDING

OPEN

SOURCE COMPONENTS

).

THE

LICENSEE

S

SOLE

REMEDY

AGAINST

TAIT

WILL

BE

LIMITED

TO

BREACH

OF

CONTRACT

AND

TAIT

S

SOLE

AND

TOTAL

LIABIL

-

ITY

FOR

ANY

SUCH

CLAIM

SHALL

BE

LIMITED

AT

THE

OPTION

OF

TAIT

TO

THE

REPAIR

OR

REPLACEMENT

OF

THE

SOFTWARE

OR

FIRMWARE

OR

THE

REFUND

OF

THE

PURCHASE

PRICE

OF

THE

SOFTWARE

OR FIRMWARE

.

G

ENERAL

THE

LICENSEE

CONFIRMS

THAT

IT

SHALL

COMPLY

WITH

THE

PROVISIONS

OF

LAW

IN

RELATION

TO

THE

SOFTWARE

OR FIRMWARE

.

L

AW

AND

J

URISDICTION

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

LAW

.

PROVIDED

HOWEVER

TAIT

MAY

AT

ITS

ELECTION

BRING

PROCEEDINGS

FOR

BREACH

OF

THE

TERMS

HEREOF

OR

FOR

THE

ENFORCEMENT

OF

ANY

JUDGEMENT

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

.

N

O

D

EALINGS

THE

LICENSEE

MAY

NOT

SUBLICENSE

,

ASSIGN

OR

TRANSFER

THE

LICENCE

OR

THE

PROGRAM

EXCEPT

AS

EXPRESSLY

PROVIDED

IN

THIS

AGREEMENT

.

ANY

ATTEMPT

OTHERWISE

TO

SUBLICENSE

,

ASSIGN

OR

TRANSFER

ANY

OF

THE

RIGHTS

,

DUTIES

OR

OBLIGA

-

TIONS

HEREUNDER

IS VOID

.

N

O

O

THER

T

ERMS

THE

LICENSEE

ACKNOWLEDGES

THAT

IT

HAS

READ

THIS

AGREE

-

MENT

,

UNDERSTANDS

IT

AND

AGREES

TO

BE

BOUND

BY

ITS

TERMS

AND

CONDITIONS

.

THE

LICENSEE

FURTHER

AGREES

THAT

SUBJECT

ONLY

TO

ANY

EXPRESS

WRITTEN

TERMS

OF

AGREE

-

MENT

TO

THE

CONTRARY

BETWEEN

TAIT

AND

THE

LICENSEE

THIS

IS

THE

COMPLETE

AND

EXCLUSIVE

STATEMENT

OF

THE

AGREEMENT

BETWEEN

IT

AND

TAIT

IN

RELATION

TO

THE

SOFT

-

WARE

OR

FIRMWARE

WHICH

SUPERSEDES

ANY

PROPOSAL

OR

PRIOR

AGREEMENT

,

ORAL

OR

WRITTEN

AND

ANY

OTHER

COMMUNICATIONS

BETWEEN

THE

LICENSEE

AND

TAIT

RELATING

TO

THE

SOFTWARE

OR FIRMWARE

.