Tait TM8100 Serie Guia Del Usuario página 28

IT IN BUSINESS AND ACCORDINGLY TO THE MAXIMUM
EXTENT PERMITTED BY LAW NO TERMS OR WARRAN
TIES WHICH ARE IMPLIED BY LEGISLATION SHALL APPLY
.
TO THIS AGREEMENT TAIT DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE SOFTWARE OR
(
FIRMWARE INCLUDING OPEN SOURCE COMPONENTS
'
WILL MEET THE LICENSEE S REQUIREMENTS OR THAT
THE OPERATION OF THE SOFTWARE OR FIRMWARE
(
INCLUDING OPEN SOURCE COMPONENTS
UNINTERRUPTED OR ERROR FREE
Exclusion of Liability
IN NO CIRCUMSTANCES SHALL TAIT BE UNDER ANY
LIABILITY TO THE LICENSEE
,
WHATSOEVER WHETHER IN TORT
), (
GENCE CONTRACT EXCEPT AS EXPRESSLY PROVIDED
),
IN THIS AGREEMENT EQUITY
OR OTHERWISE AT LAW FOR ANY LOSSES OR DAMAGES
,
WHETHER GENERAL SPECIAL
,
DIRECT INDIRECT OR CONSEQUENTIAL ARISING OUT
OF OR IN CONNECTION WITH ANY USE OR INABILITY OF
USING THE SOFTWARE OR FIRMWARE
OPEN SOURCE COMPONENTS
'
THE LICENSEE S SOLE REMEDY AGAINST TAIT WILL BE
LIMITED TO BREACH OF CONTRACT AND TAIT
AND TOTAL LIABILITY 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 SOFT
.
WARE OR FIRMWARE
General
THE LICENSEE CONFIRMS THAT IT SHALL COMPLY WITH
THE PROVISIONS OF LAW IN RELATION TO THE SOFT
.
WARE OR FIRMWARE
Law and Jurisdiction
THIS AGREEMENT SHALL BE SUBJECT TO AND
CONSTRUED IN ACCORDANCE WITH NEW ZEALAND
LAW AND DISPUTES BETWEEN THE PARTIES CONCERN
ING THE PROVISIONS HEREOF SHALL BE DETERMINED
BY THE NEW ZEALAND COURTS OF LAW
HOWEVER TAIT MAY AT ITS ELECTION BRING PROCEED
INGS 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
26 Tait general software licence agreement
-
)
WILL BE
.
,
OR ANY OTHER PERSON
( -
INCLUDING NEGLI
, ,
UNDER ANY STATUTE
, , ,
EXEMPLARY PUNITIVE
(
INCLUDING
).
'
S SOLE
-
-
.
PROVIDED
.
No Dealings
THE LICENSEE MAY NOT SUBLICENSE
TRANSFER THE LICENCE OR THE PROGRAM EXCEPT AS
EXPRESSLY PROVIDED IN THIS AGREEMENT
ATTEMPT OTHERWISE TO SUBLICENSE
)
TRANSFER ANY OF THE RIGHTS
TIONS HEREUNDER IS VOID
No Other Terms
THE LICENSEE ACKNOWLEDGES THAT IT HAS READ THIS
,
AGREEMENT UNDERSTANDS IT AND AGREES TO BE
BOUND BY ITS TERMS AND CONDITIONS
FURTHER AGREES THAT SUBJECT ONLY TO ANY
EXPRESS WRITTEN TERMS OF AGREEMENT 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 SOFTWARE OR FIRMWARE WHICH SUPERSEDES
ANY PROPOSAL OR PRIOR AGREEMENT
WRITTEN AND ANY OTHER COMMUNICATIONS
BETWEEN THE LICENSEE AND TAIT RELATING TO THE
SOFTWARE OR FIRMWARE
-
-
,
ASSIGN OR
.
ANY
,
ASSIGN OR
, -
DUTIES OR OBLIGA
.
.
THE LICENSEE
,
ORAL OR
.