Справочник Пользователя для Tait International Limited TBCK4A

TB9400 Installation and Operation Manual

139

Tait Software License Agreement

This Software License Agreement ("Agree-

ment") is between you (“Licensee”) and Tait

Limited (“Tait").

By using any of the Software items embedded

and pre-loaded in the related Tait Designated

Product, included on CD, downloaded from the

Tait website, or provided in any other form, you

agree to be bound by the terms of this Agree-

ment. If you do not agree to the terms of this

Agreement, do not install or use any of the Soft-

ware. If you install or use any of the Software,

that will be deemed to be acceptance of the terms

of this Agreement.

For good and valuable consideration, the parties

agree as follows:
Section 1 DEFINITIONS

“Confidential Information” means all or any

information supplied to or received by Licensee

from Tait, whether before or after installation or

use and whether directly or indirectly pertaining

to the Software and Documentation supplied by

Tait, including without limitation all information

relating to the Designated Products, hardware,

software; copyright, design registrations, trade-

marks; operations, processes, and related busi-

ness affairs of Tait; and including any other

goods or property supplied by Tait to Licensee

pursuant to the terms of this Agreement.

“Designated Products” means products pro-

vided by Tait to Licensee with which or for which

the Software and Documentation is licensed for

use.

“Documentation” means product and software

documentation that specifies technical and per-

formance features and capabilities; user, opera-

tion, and training manuals for the Software; and

all physical or electronic media upon which such

information is provided.

“Executable Code” means Software in a form

that can be run in a computer and typically refers

to machine language, which is comprised of

native instructions the computer carries out in

hardware. Executable code may also refer to pro-

grams written in interpreted languages that

require additional software to actually execute.

“Intellectual Property Rights” and “Intellec-

tual Property” mean the following or their sub-

stantial equivalents or counterparts, recognized

by or through action before any governmental

authority in any jurisdiction throughout the

world and including, but not limited to all rights

in patents, patent applications, inventions, copy-

rights, trademarks, trade secrets, trade names,

and other proprietary rights in or relating to the

Software and Documentation; including any

adaptations, corrections, de-compilations, disas-

semblies, emulations, enhancements fixes, mod-

ifications, translations and updates to or deriva-

tive works from, the Software or Documentation,

whether made by Tait or another party, or any

improvements that result from Tait processes or,

provision of information services.

“Licensee” means any individual or entity that

has accepted the terms of this License.

“Open Source Software” means software with

freely obtainable source code and license for

modification, or permission for free distribution.

“Open Source Software License” means the

terms or conditions under which the Open Source

Software is licensed.

“Person” means any individual, partnership,

corporation, association, joint stock company,

trust, joint venture, limited liability company,

governmental authority, sole proprietorship, or

other form of legal entity recognized by a gov-

ernmental authority.

“Security Vulnerability” means any flaw or

weakness in system security procedures, design,

implementation, or internal controls that if exer-

cised (accidentally triggered or intentionally

exploited) could result in a security breach such

that data is compromised, manipulated, or stolen,

or a system is damaged.

“Software” (i) means proprietary software in

executable code format, and adaptations, transla-

tions, de-compilations, disassemblies, emula-

tions, or derivative works of such software; (ii)

means any modifications, enhancements, new

versions and new releases of the software pro-

vided by Tait; and (iii) may contain one or more

items of software owned by a third-party sup-

plier. The term "Software" does not include any

third-party software provided under separate

license or not licensable under the terms of this

Agreement.

“Source Code” means software expressed in

human readable language necessary for under-

standing, maintaining, modifying, correcting,

and enhancing any software referred to in this

Agreement and includes all states of that soft-

ware prior to its compilation into an executable

programme.

“Tait” means Tait Limited and includes its Affil-

iates.

Section 2 SCOPE

This Agreement contains the terms and condi-

tions of the license Tait is providing to Licensee,

and of Licensee’s use of the Software and Docu-

mentation. Tait and Licensee enter into this

Agreement in connection with Tait delivery of

certain proprietary Software and/or products

containing embedded or pre-loaded proprietary

Software.

Section 3 GRANT OF LICENSE

3.1. Subject to the provisions of this Agreement

and the payment of applicable license fees, Tait

grants to Licensee a personal, limited, non-trans-

ferable (except as permitted in Section 7), and

non-exclusive license to use the Software in exe-

cutable code form, and the Documentation,