Tait TMAK5F Mobile Transceiver User Manual TM9100 Safety and Compliance Information
Tait Limited Mobile Transceiver TM9100 Safety and Compliance Information
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Exhibit D Users Manual per 2 1033 c3
TM9100 mobiles
Safety and Compliance Information
MMA-00009-06
April 2007
2
Safety and compliance information
Copyright and trademarks
All information contained in this manual is the property of Tait
Electronics Limited. All rights reserved. This manual may not, in
whole or in part, be copied, photocopied, reproduced,
translated, stored, or reduced to any electronic medium or
machine-readable form, without prior written permission from
Tait Electronics Limited.
The word TAIT and the TAIT logo are trademarks of Tait
Electronics Limited.
All trade names referenced are the service mark, trademark or
registered trademark of the respective manufacturers.
Intellectual property rights
This product may be protected by one or more patents of Tait
Electronics Limited together with their international equivalents,
pending patent applications and registered trade marks:
NZ338097, NZ508054, NZ508340, NZ508806, NZ508807,
NZ509242, NZ509640, NZ509959, NZ510496, NZ511155,
NZ511421, NZ516280/519742, NZ519118, NZ519344,
NZ520650/537902, NZ522236, NZ524369, NZ524378,
NZ524509, NZ524537, NZ524630, NZ530819, NZ534475,
NZ534692, NZ535471, NZ536945, NZ537434, NZ546295,
NZ547713, NZ521450, AU2003281447, AU2002235062,
AU2004216984, AU2005207405, CA2439018, CA2554213,
EU03784706.8, EU02701829.0, EU04714053.8,
EU05704655.9, GB23865476, GB2386010, GB2413249,
GB0516092.4, US11,232716, US10/597339, US10/520827,
US10/468740, US5,745,840, US10/547653, US10/546696,
US10/547964, US10/523952, US11/572700.
This product may also be made under license under one or more
of the following U.S. Patents: 4,590,473 4,636,791 4,716,407
4,972,460 5,146,497 5,148,482 5,164,986 5,185,795
5,185,796 5,271,017 5,377,229 5,502,767.
The IMBE™ voice coding Technology embodied in this product
is protected by intellectual property rights including patent
rights, copyrights and trade secrets of Digital Voice Systems, Inc.
This voice coding Technology is licensed solely for use within
this Communications Equipment. The user of this Technology is
Safety and compliance information
3
explicitly prohibited from attempting to decompile, reverse
engineer, or disassemble the Object Code, or in any other way
convert the Object Code into a human-readable form. Protected
by U.S. Patents 5,870,405 5,826,222 5,754,974 5,701,390
5,715,365 5,649,050 5,630,011 5,581,656 5,517,511
5,491,772 5,247,579 5,226,084 and 5,195,166.
To our European customers
Tait Electronics Limited is an environmentally
responsible company which supports waste
minimization and material recovery. The European
Union’s Waste Electrical and Electronic Equipment
Directive requires that this product be disposed of
separately from the general waste stream when its service life is
over. Please be environmentally responsible and dispose
through the original supplier, your local municipal waste
“separate collection” service, or contact Tait
Electronics Limited.
4
Safety and compliance information
About this booklet
This booklet contains important safety and
compliance information. For information about
the way your radio operates, contact your
radio provider.
Before using your radio, please read the following
important safety and compliance information.
Radio frequency exposure information
For your own safety and to ensure you comply
with the Federal Communication Commission’s
(FCC) radio frequency (RF) exposure guidelines,
please read the following information before
using this radio.
Using this radio
You should use this radio only for work-related
purposes (it is not authorized for any other use)
and if you are fully aware of, and can exercise
control over, your exposure to RF energy. To
prevent exceeding FCC RF exposure limits, you
must control the amount and duration of RF that
you and other people are exposed to.
It is also important that you:
QDo not remove the RF Exposure label from
the radio.
Safety and compliance information
5
QEnsure this RF exposure information accom-
panies the radio when it is transferred to
other users.
QDo not use the radio if you do not adhere to
the guidelines on controlling your exposure
to RF.
Controlling your exposure to
RF energy
This radio emits radio frequency (RF) energy or
radio waves primarily when calls are made. RF is a
form of electromagnetic energy (as is sunlight),
and there are recommended levels of maximum
RF exposure.
To control your exposure to RF and comply with
the maximum exposure limits for
occupational/controlled environments, follow
these guidelines:
QDo not talk (transmit) on the radio more than
the rated transmit duty cycle. This is impor-
tant because the radio radiates more energy
when it is transmitting than when it
is receiving.
Q
While you are transmitting (talking or sending
data) on the radio, you must ensure that there
is always a distance of 35 inches (0.9m)
between people and the antenna. This is the
minimum safe distance. For 110W mobiles,
the minimum safe distance is 44 inches (1.1m).
6
Safety and compliance information
QUse the radio only with Tait-approved anten-
nas and attachments, and make only autho-
rized modifications to the antenna otherwise
you could damage the radio and violate
FCC regulations.
For more information on what RF energy is and
how to control your exposure to it, visit the FCC
website at
http://www.fcc.gov/oet/rfsafety/rf-faqs.html.
Compliance with RF energy
exposure standards
This two-way radio complies with these RF energy
exposure standards and guidelines:
QUnited States Federal Communications Com-
mission, Code of Federal Regulations; 47 CFR
§§ 1.1307, 1.1310, and 2.1091.
QAmerican National Standards Institute (ANSI)
/ Institute of Electrical and Electronic Engi-
neers (IEEE) C95.1-1992
QInstitute of Electrical and Electronic Engineers
(IEEE) C95.1-1999 Edition.
This radio complies with the IEEE and ICNIRP
exposure limits for occupational/controlled RF
exposure environments at operating duty factors
of up to 50% talk to 50% listen.
Safety and compliance information
7
Radio frequency emissions limits in
the USA
Part 15 of the FCC Rules imposes RF emission
limits on receivers.
This radio complies with Part 15 of the FCC Rules.
Operation is subject to the condition that this
device does not cause harmful interference.
Unapproved modifications or changes
to radio
The radio is designed to satisfy the applicable
compliance regulations. Do not make
modifications or changes to the radio that are not
expressly approved by Tait Electronics Limited.
Failure to do so could invalidate compliance
requirements and void the user’s authority to
operate the radio.
USA public safety bands
(764–776MHz and 794–806MHz)
Part 90R of the FCC Title 47 of the Code of
Federal Regulations (CFR) deals with the use of
frequencies in the 764 to 776MHz and
794 to 806MHz bands.
8
Safety and compliance information
Low-power channels
This radio complies with §90.531 (b) (3) and
§90.531 (b) (4) of 47 CFR. These sections state
that only low-power transmission is permitted on
the following channels:
QRegional Planning channels, as defined in
§90.531 (b) (3).
QItinerant channels, as defined in
§90.531 (b) (4).
Use of encryption
This radio complies with §90.553 (a) of 47 CFR.
This states that:
QEncryption is not permitted on the nation-
wide Interoperability calling channels. These
channels are defined in §90.531 (b) (1) (ii).
QRadios using encryption must have a readily
accessible switch or control to allow the radio
user to disable encryption.
Frequency band reserved for
distress beacons
Frequency band 406 to 406.1 MHz is reserved for
use by distress beacons. Transmissions should not
be made within this frequency band.
Safety and compliance information
9
Safe radio operation
Warning: Switch off the radio:
Qat petrol filling stations or near flammable
liquids or gases
Qin the vicinity of explosive devices and
blasting zones
Using a handheld microphone or a radio while
driving a vehicle may violate the laws and
legislation that apply in your country or state.
Please check the vehicle regulations in your area.
Interference with electronic devices
Some electronic devices may be prone to
malfunction due to the lack of protection from RF
energy that is present when your radio
is transmitting.
Examples of electronic devices that may be
affected by RF energy are:
Qvehicular electronic systems such as fuel
injection, anti-skid brakes, and cruise control
Qmedical devices such as hearing aids
and pacemakers
Qmedical equipment in hospitals or health
care facilities.
10
Safety and compliance information
Consult the manufacturer (or its representative)
of the equipment to determine whether these
electronic circuits will perform normally when the
radio is transmitting.
High radio surface temperatures
The bottom surface of the radio and the heatsink
fins can become hot during prolonged operation.
Do not touch these parts of the radio.
110 watt mobiles
Do not place objects on the radio. The heatsink
needs a clearance of at least one inch (2.5cm)
and a free flow of air.
Radio protection when changing the
vehicle battery
Always remove the fuses from the radio power
cable before charging the vehicle battery,
connecting a second battery or using power from
another vehicle (e.g. when “jump-starting”
the vehicle).
Safety and compliance information
11
Tait licence agreement
This legal document is an Agreement
between you (the “Licensee”) and Tait
Electronics Limited (“Tait”). By using any of
the Software or Firmware items prior-
installed in the related Tait product, included
on CD or downloaded from the Tait website,
(hereinafter referred to as “the Software or
Firmware”) you agree to be bound by the
terms of this Agreement. If you do not agree
to the terms of this Agreement, do not install
and use any of the Software or Firmware.
If you install and use any of the Software or
Firmware that will be deemed to be
acceptance of the terms of this
licence agreement.
The terms of this Agreement shall apply
subject only to any express written terms of
agreement to the contrary between Tait and
the Licensee.
Licence
TAIT GRANTS TO YOU AS LICENSEE THE NON-
EXCLUSIVE RIGHT TO USE THE SOFTWARE OR
FIRMWARE ON A SINGLE MACHINE PROVIDED YOU
MAY ONLY:
1. COPY THE SOFTWARE OR FIRMWARE INTO ANY
MACHINE READABLE OR PRINTED FORM FOR
BACKUP PURPOSES IN SUPPORT OF YOUR USE OF
THE PROGRAM ON THE SINGLE MACHINE
(CERTAIN PROGRAMS, HOWEVER, MAY INCLUDE
MECHANISMS TO LIMIT OR INHIBIT COPYING,
THEY ARE MARKED “COPY PROTECTED”),
PROVIDED THE COPYRIGHT NOTICE MUST BE
REPRODUCED AND INCLUDED ON ANY SUCH
COPY OF THE SOFTWARE OR FIRMWARE;
AND / OR
2. MERGE IT INTO ANOTHER PROGRAM FOR YOUR
USE ON THE SINGLE MACHINE (ANY PORTION OF
ANY SOFTWARE OR FIRMWARE MERGED INTO
ANOTHER PROGRAM WILL CONTINUE TO BE
SUBJECT TO THE TERMS AND CONDITIONS OF
THIS AGREEMENT).
THE LICENSEE MAY NOT DUPLICATE, MODIFY,
REVERSE COMPILE OR REVERSE ASSEMBLE ANY
SOFTWARE OR FIRMWARE IN WHOLE OR PART.
Important Notice
THE SOFTWARE OR FIRMWARE MAY CONTAIN OPEN
SOURCE SOFTWARE COMPONENTS (“OPEN SOURCE
COMPONENTS”). OPEN SOURCE COMPONENTS ARE
EXCLUDED FROM THE TERMS OF THIS AGREEMENT
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT
AND ARE COVERED BY THE TERMS OF THEIR
RESPECTIVE LICENCES WHICH MAY EXCLUDE OR LIMIT
ANY WARRANTY FROM OR LIABILITY OF THE
DEVELOPERS AND/OR COPYRIGHT HOLDERS OF THE
OPEN SOURCE COMPONENT FOR THE PERFORMANCE
OF THOSE OPEN SOURCE COMPONENTS. YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS OF
EACH SUCH LICENCE. FOR MORE INFORMATION SEE:
http://support.taitworld.com/go/opensource
Title to Software
THIS AGREEMENT DOES NOT CONSTITUTE A
CONTRACT OF SALE IN RELATION TO THE SOFTWARE
OR FIRMWARE SUPPLIED TO THE LICENSEE. NOT
WITHSTANDING THE LICENSEE MAY OWN THE
MAGNETIC OR OTHER PHYSICAL MEDIA ON WHICH
THE SOFTWARE OR FIRMWARE WAS ORIGINALLY
SUPPLIED, OR HAS SUBSEQUENTLY BEEN RECORDED
OR FIXED, IT IS A FUNDAMENTAL TERM OF THIS
AGREEMENT THAT AT ALL TIMES TITLE AND
OWNERSHIP OF THE SOFTWARE OR FIRMWARE,
WHETHER ON THE ORIGINAL MEDIA OR OTHERWISE,
SHALL REMAIN VESTED IN TAIT OR THIRD PARTIES
WHO HAVE GRANTED LICENCES TO TAIT.
Term and Termination
THIS LICENCE SHALL BE EFFECTIVE UNTIL TERMINATED
IN ACCORDANCE WITH THE PROVISIONS OF THIS
AGREEMENT. THE LICENSEE MAY TERMINATE THIS
LICENCE AT ANY TIME BY DESTROYING ALL COPIES OF
THE SOFTWARE OR FIRMWARE AND ASSOCIATED
WRITTEN MATERIALS. THIS LICENCE WILL BE
TERMINATED AUTOMATICALLY AND WITHOUT NOTICE
FROM TAIT IN THE EVENT THAT THE LICENSEE FAILS TO
COMPLY WITH ANY TERM OR CONDITION OF THIS
AGREEMENT. THE LICENSEE AGREES TO DESTROY ALL
COPIES OF THE SOFTWARE OR FIRMWARE AND
ASSOCIATED WRITTEN MATERIALS IN THE EVENT OF
SUCH TERMINATION.
12
Safety and compliance information
Limited Warranty
THE SOFTWARE OR FIRMWARE (INCLUDING OPEN
SOURCE COMPONENTS) IS SUPPLIED BY TAIT AND
ACCEPTED BY THE LICENSEE “AS IS” WITHOUT
WARRANTY OF ANY KIND EITHER EXPRESSED OR
IMPLIED, INCLUDING BUT NOT BEING LIMITED TO ANY
IMPLIED WARRANTIES AS TO MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE. THE
LICENSEE ACKNOWLEDGES THAT THE SOFTWARE OR
FIRMWARE (INCLUDING OPEN SOURCE COMPONENTS)
IS USED BY IT IN BUSINESS AND ACCORDINGLY TO THE
MAXIMUM EXTENT PERMITTED BY LAW NO TERMS OR
WARRANTIES 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) WILL BE UNINTERRUPTED OR
ERROR FREE.
Exclusion of Liability
IN NO CIRCUMSTANCES SHALL TAIT BE UNDER ANY
LIABILITY TO THE LICENSEE, OR ANY OTHER PERSON
WHATSOEVER, WHETHER IN TORT (INCLUDING
NEGLIGENCE), CONTRACT (EXCEPT AS EXPRESSLY
PROVIDED IN THIS AGREEMENT), EQUITY, UNDER ANY
STATUTE, OR OTHERWISE AT LAW FOR ANY LOSSES
OR DAMAGES WHETHER GENERAL, SPECIAL,
EXEMPLARY, PUNITIVE, DIRECT, INDIRECT OR
CONSEQUENTIAL ARISING 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 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
SOFTWARE OR FIRMWARE.
General
THE LICENSEE CONFIRMS THAT IT SHALL COMPLY
WITH THE PROVISIONS OF LAW IN RELATION TO THE
SOFTWARE OR FIRMWARE.
Law and Jurisdiction
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.
No Dealings
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
OBLIGATIONS 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. THE
LICENSEE 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, ORAL OR
WRITTEN AND ANY OTHER COMMUNICATIONS
BETWEEN THE LICENSEE AND TAIT RELATING TO THE
SOFTWARE OR FIRMWARE.
This legal document is an Agreement
between you (the “Licensee”) and Tait
Electronics Limited (“Tait”). By using any of
the Software or Firmware items prior-
installed in the related Tait product, included
on CD or downloaded from the Tait website,
(hereinafter referred to as “the Software or
Firmware”) you agree to be bound by the
terms of this Agreement. If you do not agree
to the terms of this Agreement, do not install
and use any of the Software or Firmware.
If you install and use any of the Software or
Firmware that will be deemed to be
acceptance of the terms of this
licence agreement.
Safety and compliance information
13
The terms of this Agreement shall apply
subject only to any express written terms of
agreement to the contrary between Tait and
the Licensee.
Licence
TAIT GRANTS TO YOU AS LICENSEE THE NON-
EXCLUSIVE RIGHT TO USE THE SOFTWARE OR
FIRMWARE ON A SINGLE MACHINE PROVIDED YOU
MAY ONLY:
1. COPY THE SOFTWARE OR FIRMWARE INTO ANY
MACHINE READABLE OR PRINTED FORM FOR
BACKUP PURPOSES IN SUPPORT OF YOUR USE OF
THE PROGRAM ON THE SINGLE MACHINE
(CERTAIN PROGRAMS, HOWEVER, MAY INCLUDE
MECHANISMS TO LIMIT OR INHIBIT COPYING,
THEY ARE MARKED “COPY PROTECTED”),
PROVIDED THE COPYRIGHT NOTICE MUST BE
REPRODUCED AND INCLUDED ON ANY SUCH
COPY OF THE SOFTWARE OR FIRMWARE;
AND / OR
2. MERGE IT INTO ANOTHER PROGRAM FOR YOUR
USE ON THE SINGLE MACHINE (ANY PORTION OF
ANY SOFTWARE OR FIRMWARE MERGED INTO
ANOTHER PROGRAM WILL CONTINUE TO BE
SUBJECT TO THE TERMS AND CONDITIONS OF
THIS AGREEMENT).
THE LICENSEE MAY NOT DUPLICATE, MODIFY,
REVERSE COMPILE OR REVERSE ASSEMBLE ANY
SOFTWARE OR FIRMWARE IN WHOLE OR PART.
Important Notice
THE SOFTWARE OR FIRMWARE MAY CONTAIN OPEN
SOURCE SOFTWARE COMPONENTS (“OPEN SOURCE
COMPONENTS”). OPEN SOURCE COMPONENTS ARE
EXCLUDED FROM THE TERMS OF THIS AGREEMENT
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT
AND ARE COVERED BY THE TERMS OF THEIR
RESPECTIVE LICENCES WHICH MAY EXCLUDE OR LIMIT
ANY WARRANTY FROM OR LIABILITY OF THE
DEVELOPERS AND/OR COPYRIGHT HOLDERS OF THE
OPEN SOURCE COMPONENT FOR THE PERFORMANCE
OF THOSE OPEN SOURCE COMPONENTS. YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS OF
EACH SUCH LICENCE. FOR MORE INFORMATION SEE:
http://support.taitworld.com/go/opensource
Title to Software
THIS AGREEMENT DOES NOT CONSTITUTE A
CONTRACT OF SALE IN RELATION TO THE SOFTWARE
OR FIRMWARE SUPPLIED TO THE LICENSEE. NOT
WITHSTANDING THE LICENSEE MAY OWN THE
MAGNETIC OR OTHER PHYSICAL MEDIA ON WHICH
THE SOFTWARE OR FIRMWARE WAS ORIGINALLY
SUPPLIED, OR HAS SUBSEQUENTLY BEEN RECORDED
OR FIXED, IT IS A FUNDAMENTAL TERM OF THIS
AGREEMENT THAT AT ALL TIMES TITLE AND
OWNERSHIP OF THE SOFTWARE OR FIRMWARE,
WHETHER ON THE ORIGINAL MEDIA OR OTHERWISE,
SHALL REMAIN VESTED IN TAIT OR THIRD PARTIES
WHO HAVE GRANTED LICENCES TO TAIT.
Term and Termination
THIS LICENCE SHALL BE EFFECTIVE UNTIL TERMINATED
IN ACCORDANCE WITH THE PROVISIONS OF THIS
AGREEMENT. THE LICENSEE MAY TERMINATE THIS
LICENCE AT ANY TIME BY DESTROYING ALL COPIES OF
THE SOFTWARE OR FIRMWARE AND ASSOCIATED
WRITTEN MATERIALS. THIS LICENCE WILL BE
TERMINATED AUTOMATICALLY AND WITHOUT NOTICE
FROM TAIT IN THE EVENT THAT THE LICENSEE FAILS TO
COMPLY WITH ANY TERM OR CONDITION OF THIS
AGREEMENT. THE LICENSEE AGREES TO DESTROY ALL
COPIES OF THE SOFTWARE OR FIRMWARE AND
ASSOCIATED WRITTEN MATERIALS IN THE EVENT OF
SUCH TERMINATION.
Limited Warranty
THE SOFTWARE OR FIRMWARE (INCLUDING OPEN
SOURCE COMPONENTS) IS SUPPLIED BY TAIT AND
ACCEPTED BY THE LICENSEE “AS IS” WITHOUT
WARRANTY OF ANY KIND EITHER EXPRESSED OR
IMPLIED, INCLUDING BUT NOT BEING LIMITED TO ANY
IMPLIED WARRANTIES AS TO MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE. THE
LICENSEE ACKNOWLEDGES THAT THE SOFTWARE OR
FIRMWARE (INCLUDING OPEN SOURCE COMPONENTS)
IS USED BY IT IN BUSINESS AND ACCORDINGLY TO THE
MAXIMUM EXTENT PERMITTED BY LAW NO TERMS OR
WARRANTIES 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) WILL BE UNINTERRUPTED OR
ERROR FREE.
Exclusion of Liability
IN NO CIRCUMSTANCES SHALL TAIT BE UNDER ANY
LIABILITY TO THE LICENSEE, OR ANY OTHER PERSON
14
Safety and compliance information
WHATSOEVER, WHETHER IN TORT (INCLUDING
NEGLIGENCE), CONTRACT (EXCEPT AS EXPRESSLY
PROVIDED IN THIS AGREEMENT), EQUITY, UNDER ANY
STATUTE, OR OTHERWISE AT LAW FOR ANY LOSSES
OR DAMAGES WHETHER GENERAL, SPECIAL,
EXEMPLARY, PUNITIVE, DIRECT, INDIRECT OR
CONSEQUENTIAL ARISING 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 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
SOFTWARE OR FIRMWARE.
General
THE LICENSEE CONFIRMS THAT IT SHALL COMPLY
WITH THE PROVISIONS OF LAW IN RELATION TO THE
SOFTWARE OR FIRMWARE.
Law and Jurisdiction
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.
No Dealings
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
OBLIGATIONS 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. THE
LICENSEE 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, ORAL OR
WRITTEN AND ANY OTHER COMMUNICATIONS
BETWEEN THE LICENSEE AND TAIT RELATING TO THE
SOFTWARE OR FIRMWARE.