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