Tait TMBM1A Digital Transmission System User Manual UnifyVehicle Remote User s Guide
Tait Limited Digital Transmission System UnifyVehicle Remote User s Guide
Tait >
Exhibit D Users Manual per 2 1033 b3
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| Mirror Download [FCC.gov] | |
| Document ID | 3596969 |
| Application ID | yptCb2ox0iuimd+CYBFqlQ== |
| Document Description | Exhibit D Users Manual per 2 1033 b3 |
| Short Term Confidential | No |
| Permanent Confidential | No |
| Supercede | Yes |
| Document Type | User Manual |
| Display Format | Adobe Acrobat PDF - pdf |
| Filesize | 23.84kB (297956 bits) |
| Date Submitted | 2017-10-10 00:00:00 |
| Date Available | 2017-10-10 00:00:00 |
| Creation Date | 2017-09-05 14:03:45 |
| Producing Software | Acrobat Distiller 7.0.5 (Windows) |
| Document Lastmod | 2017-09-05 14:04:39 |
| Document Title | UnifyVehicle Remote User’s Guide |
| Document Creator | FrameMaker 8.0 |
| Document Author: | Tait Communications |
UnifyVehicle
System Manual
MNE-00032-01 · Issue 1 · September 2017
Contact Information
Tait Communications
Corporate Head Office
Tait Limited
P.O. Box 1645
Christchurch
New Zealand
For the address and telephone number of regional
offices, refer to our website: www.taitradio.com
The AMBE+2™ 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 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.
Copyright and Trademarks
Environmental Responsibilities
All information contained in this document is the
property of Tait Limited. All rights reserved.
This document 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 Limited.
The word TAIT and the TAIT logo are trademarks of
Tait Limited.
All trade names referenced are the service mark,
trademark or registered trademark of the respective
manufacturers.
Tait Limited is an environmentally
responsible company which supports
waste minimization, material recovery and
restrictions in the use of hazardous
materials.
The European Union’s Waste Electrical and Electronic
Equipment (WEEE) Directive requires that this
product be disposed of separately from the general
waste stream when its service life is over. For more
information about how to dispose of your unwanted
Tait product, visit the Tait WEEE website at
www.taitradio.com/weee. Please be environmentally
responsible and dispose through the original supplier,
or contact Tait Limited.
Tait Limited also complies with the Restriction of the
Use of Certain Hazardous Substances in Electrical and
Electronic Equipment (RoHS) Directive in the
European Union.
In China, we comply with the Measures for
Administration of the Pollution Control of Electronic
Information Products. We will comply with
environmental requirements in other markets as they
are introduced.
Disclaimer
There are no warranties extended or granted by this
document. Tait Limited accepts no responsibility for
damage arising from use of the information contained
in the document or of the equipment and software it
describes. It is the responsibility of the user to ensure
that use of such information, equipment and software
complies with the laws, rules and regulations of the
applicable jurisdictions.
Enquiries and Comments
If you have any enquiries regarding this document, or
any comments, suggestions and notifications of errors,
please contact your regional Tait office.
Updates of Manual and Equipment
In the interests of improving the performance,
reliability or servicing of the equipment, Tait Limited
reserves the right to update the equipment or this
document or both without prior notice.
Intellectual Property Rights
This product may be protected by one or more patents
or designs of Tait Limited together with their
international equivalents, pending patent or design
applications, and registered trade marks: NZ 409837,
NZ 409838, NZ 415277, NZ 415278, NZ 530819,
NZ 534475, NZ 547713, NZ 577009, NZ 579051,
NZ 579364, NZ 586889, NZ 610563, NZ 615954,
NZ 700387, NZ 708662, NZ 710766, NZ 711325 ,
NZ 726313, NZ593887, AU 2015215962, AU 339127,
AU 339391, AU2016259281, AU2016902579,
EU 000915475-0001, EU 000915475-0002,
GB 2532863, US 14/834609 Div. no 1, US 15/346518
Div.no 2, US 15/350332, US 15/387026 Div.,
US 20150085799, US 20160044572, US 20160057051,
US 640974, US 640977, US 698339, US 702666,
US 7758996, US 8902804, US 9107231, US 9504034,
US 9559967.
UnifyVehicle System Manual
© Tait LimitedSeptember 2017
Contents
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Scope of Manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Alerts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Associated Documentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Publication Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Introducing UnifyVehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1.1 UnifyVehicle Hardware . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1.1.1 Upgrade Kits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1.1.2 External Antennas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1.2 UnifyVehicle Configuration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1.3 UnifyVehicle Modules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Audio Recorder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2.1 Configuration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2.2 Accessing Stored Audio Files . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2.3 Deleting Stored Audio Files . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
UnifyVehicle Remote Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3.1 Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3.2 Configuration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
3.3 Operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
WIFI OTAP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4.1 WIFI OTAP Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4.2 Configuring WIFI OTAP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Tait Software License Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
UnifyVehicle System Manual
© Tait LimitedSeptember 2017
Preface
Scope of Manual
This manual describes the UnifyVehicle applications platform and the
modules that are available.
Alerts
Please follow exactly any instruction that appears in the text as an ‘alert’.
An alert provides necessary safety information as well as instruction in the
proper use of the product. This manual uses the following types of alert:
This alert is used to warn about the risk of data loss or corruption.
This alert is used to highlight significant information that may be
required to ensure procedures are performed correctly, or draw your
attention to ways of doing things that can improve your efficiency or
effectiveness.
Associated Documentation
UnifyVehicle Remote User’s Guide (MNE-00022-XX)
UnifyVehicle Remote Online Help
UnifyVehicle Web Application Online Help
UnifyVehicle - Connecting for the First Time (402-00103-XX)
UnifyVehicle Upgrade Kits Installation Instructions (402-00104-XX)
Technical notes are published from time to time to describe applications for
Tait products, to provide technical details not included in manuals, and to
offer solutions for any problems that arise. Look for new or updated
technical notes on the Tait technical support web site.
Publication Record
Issue
Preface
Publication Date
September 2017
Description
Release 1.0
UnifyVehicle System Manual
© Tait LimitedSeptember 2017
1
Introducing UnifyVehicle
Tait UnifyVehicle provides an application platform that extends and
augments the functionality of the DMR TM9300 and P25 TM9400 series
mobile radios.
UnifyVehicle provides:
■
a Linux Open Embedded operation system, with an ARM Cortex A8
processor (600MHz), 1GB Flash memory, 512MB DDR3 RAM, and an
SD slot for upgradeable memory.
■
WiFi capability: 2.4GHz/5GHz, IEEE 802.11b/g/n (maximum rate of
20Mb/s in the UnifyVehicle configuration)
■
Ethernet connectivity (10/100BaseT Ethernet)
■
Internal WiFi antenna option: suitable for in-vehicle, or short range
operation only. Typical range of 4-10m around vehicle.
■
External WiFi antenna option: two compliant antennas available (WiFi
antenna and integrated multi-function antenna). Typical ranges:
■
■
Clear line-of-sight to vehicle: 60-100m
■
Obscured from vehicle be vegetation: 40-60m
■
Inside building, vehicle located directly outside: 20-30m
DMR Tier 3 and P25 Trunked LMR network compatibility
Figure 1.1
UnifyVehicle 1.0 board fitted onto a TM9355 torso
UnifyVehicle comes factory fitted onto Tait DMR Tier 3 TM9300 and
TM9400 series mobile radios, or can be retro-fitted to existing, compatible
mobile radios. UnifyVehicle can be used with remote, or hand-held control
heads.
UnifyVehicle System Manual
© Tait LimitedSeptember 2017
Introducing UnifyVehicle
1.1
UnifyVehicle Hardware
UnifyVehicle can be ordered factory fitted to a TM9300 or TM9400 mobile
radio with a remote, or hand-held control head. Factory fitted UnifyVehicle
radios are shipped with compatible firmware, and configured with the
required UnifyVehicle specific settings.
1.1.1
Upgrade Kits
UnifyVehicle upgrade, or “retro-fit” kits, upgrade a compatible TM9300 or
TM9400 mobile radio to a UnifyVehicle mobile radio. The table below
shows the upgrade kits currently available.
UnifyVehicle only supports remote control head and hand-held control
head installations. UnifyVehicle retro-fit kits can upgrade mobile radios
installed with local control heads, however the end result will be a
remote control head installation.
Table 1.1
Upgrade Kit No.
UnifyVehicle Upgrade Kits
Upgrades Radio
Installed With..
Anetnna
PBA Version
T02-00024-0201
Remote control head
Internal
AAAA
T02-00024-0202
Remote control head
External
ABAA
T02-00024-0203
Local control head
Internal
AAAA
T02-00024-0204
Local control head
External
ABAA
For information on retro-fitting UnifyVehicle to existing, comptaible
mobile radios, refer to the UnifyVehicle Upgrade Kits Installation
Instructions (402-00104-XX).
1.1.2
External Antennas
External WiFi antennas are available for compatible UnifyVehicle boards
(R1.1 and later). These external antenna provide increased range and
coverage.
Operational range and coverage are dependent the mounting location,
connecting mobile device specification, and physical barriers between
the external antenna and the connecting mobile device.
Single WiFi
Antenna
This antenna is suitable in situations where only the WiFi
capability of UnifyVehicle is required, and will increase
the WiFi range around the vehicle. This antenna should be
installed high on the vehicle, with a modest ground plane.
This antenna operates in both the 2.4GHz and 5GHz bands.
Introducing UnifyVehicle
UnifyVehicle System Manual
© Tait LimitedSeptember 2017
Multi-Function
Antenna
1.2
The shark fin style multi-function antenna is suitable
for public safety (covert/overt), industrial and
transport applications where an effective, compact
and robust antenna is required. This antenna contains
a 2.4GHz WiFi antenna, a 5GHz WiFi antenna and
two cellular module antenna connections.
UnifyVehicle Configuration
UnifyVehicle Web
Application
UnifyVehicle is configured using a web based application that is accessed
by connecting UnifyVehicle to either a cabled or WLAN network and
navigating via web browser, to an address specific to the UnifyVehicle
installation.
There are two levels of access for the UnifyVehicle Web application:
■
Administrator access: an Administrator user has full control of the
Unify Vehicle Unit. They can upgrade firmware, configure all
interfaces, download logs and audio recordings, trigger a factory reset
or format the optional SD card. This user is intended to only be used for
UnifyVehicle configuration.
Adminstrators do not have secure FTP (SFTP) or ssh access.
■
Audit access: allows access to UnifyVehicle via the secure FTP
protocol. This allows an audit user to view the logs and audio files
captured by the audio recorder. Audit access does not allow the deletion
of any files, the configuration of UnifyVehicle settings, or acess to the
Web application UI.
Refer to the UnifyVehicle Web Application Help for further details on how
to configure UnifyVehicle.
Mobile Radio
Configuration
1.3
If you are retro-fitting UnifyVehicle to an existing mobile radio, some radio
configuration will be required. Refer to the UnifyVehicle Upgrade Kits
Installation Instructions (402-00104-XX) for further details.
UnifyVehicle Modules
A number of modules or ‘resident applications’ are available for
UnifyVehicle. The modules currently available are:
■
UnifyVehicle Voice Recorder
■
UnifyVehicle Remote application
■
WiFi OTAP
UnifyVehicle System Manual
© Tait LimitedSeptember 2017
Introducing UnifyVehicle
2
Audio Recorder
UnifyVehicle has an on-board audio recorder that when enabled, records all
audio that is transmitted from or received by the mobile radio. Continuous
audio streams (i.e trunked radio call) are saved as a single *.wav file, while
simplex audio will result in a separate *.wav file for each piece of audio
transmitted or receieved. Files will be time-stamped when a time source is
available, and will also have a unique ID that guarantees the files be in
sequential order, even if an accurate time-stamp is unavailable. Call details,
are saved in an associated text file, in *.JSON format.
Recorded audio can be accessed via secure FTP using audit access
credentials, or can be downloaded from the UnifyVehicle Web Application.
The UnifyVehicle audio recorder can only be enabled if optional storage
has been installed. Over 200 hours of recorded audio can be stored on the
optional 32GB SD card. Once capacity is reached, the oldest files will be
overwritten.
The audio recorder is not available for analog.
Refer to the UnifyVehicle Web Application Online Help for details on
how configure and operate the UnifyVehicle Audio Recorder.
2.1
Configuration
The audio recorder can be enabled or disabled via the UnifyVehicle Web
application. No further configuration is required.
2.2
Accessing Stored Audio Files
Audio files and call meta-data can be accessed via secure FTP, using the
audit access credentials. Alternatively, the Administrator can download the
last 20 recordings directly from the UnifyVehicle Web Application.
Files accessed through secure FTP are read only, ensuring that all data
remains intact and unaltered.
Refer to the UnifyVehicle Web Application Help for details on how to
configure the audit access credentials, and secure FTP access.
Audio Recorder
UnifyVehicle System Manual
© Tait LimitedSeptember 2017
2.3
Deleting Stored Audio Files
The only way to delete data captured by the audio recorder from the
optional storage, is to format the optional storage card. This action can only
be completed by the Administrator.
Refer to the UnifyVehicle Web Application Online Help for further details.
UnifyVehicle System Manual
© Tait LimitedSeptember 2017
Audio Recorder
3
UnifyVehicle Remote Application
The UnifyVehicle Remote application allows
users to connect their Android™ smartphone
(Android version 4.0.3 and later) to
UnifyVehicle mobile radio via WLAN. Once
connected, the application enables users to
make and receive group and emergency calls,
and receive individual calls using their
Android phone, over the radio network. This
allows users to maintain LMR
communications when outside of, and away
from the vehicle.
Audio transmitted by the application will be
captured by the UnifyVehicle audio recorder,
if it is enabled.
3.1
Installation
The UnifyVehicle Remote application is available for download from the
Google Play™ store.
Figure 3.1
UnifyVehicle Google Play Store page
An internet connection is required to access the Google Play store.
10
UnifyVehicle Remote Application
UnifyVehicle System Manual
© Tait LimitedSeptember 2017
UnifyVehicle Remote currently supports the following Android devices
and versions:
3.2
■
Samsung J5 - Android 6.0
■
Sonim XP7700 - Android 4.4
Configuration
The UnifyVehicle Remote application requires the Android device running
the application to have Wi-Fi enabled. The UnifyVehicle installation that
the Android device connects to, must also have its RTP Gateway enabled
for UnifyVehicle Remote to work.
Refer to the UnifyVehicle Remote User’s Guide (MNE-00022-XX) and the
UnifyVehicle Web application Help for further details on how to configure
UnifyVehicle and the UnifyVehicle Remote application.
3.3
Operation
The UnifyVehicle Remote application makes use of the touchscreen
capability of the Android device. The application features an on screen
‘push-and-hold’ PTT button, with all other features able to be selected or
activated by tapping the screen.
Currently, a single Android phone can be connected to a UnifyVehicle
mobile radio. This connection is made by selecting the radio from a list in
the UnifyVehicle Remote application.
Once connected, the application provides the following LMR radio
functionality on the user’s smartphone:
Make and receive
group calls
Group calls can be made by selecting a group
and holding down the PTT to begin the call.
When making or recieving calls, the PTT
button will display the current state of the
application.
Individual calls
Individual calls from other radios can be received, but not made by the
application.
Emergency Calls
Users can activate an emergency using the application. Once activated, the
behavior of the application is determined by the configuration of the
UnifyVehicle mobile radio that you are connected to.
UnifyVehicle System Manual
© Tait LimitedSeptember 2017
UnifyVehicle Remote Application
11
4
WIFI OTAP
UnifyVehicle’s WiFi capability can be used in conjunction with
EnableFleet, to provide OTAP updates over WiFi. WiFi OTAP provides a
fast and effective way of updating the configuration or firmware of the
mobile radio, with no impact on the LMR network.
WiFi OTAP cannot be used to upgrade the UnifyVehicle component of
the mobile radio, or its applications..
4.1
WIFI OTAP Considerations
There are a number scenarios that should be considered with regard to
configuring an EnableFleet system for WiFi OTAP.
WiFi OTAP can be used in conjunction with OTAP over the LMR network,
however using a dual-agent setup with an OTAP Agent dedicated to WiFi
OTAP is highly recommended.
Refer to the “OTAP over WiFi” tecnical note (TN-2634) for further details.
4.2
Configuring WIFI OTAP
Both UnifyVehicle mobile radios and EnableFleet need to be configured
correctly to allow WiFi OTAP.
Refer to the “OTAP over WiFi” tecnical note (TN-2634) for details on how
to configure your UnifyVehicle mobile radio and EnableFleet OTAP
Agent, for WiFi OTAP.
12
WIFI OTAP
UnifyVehicle System Manual
© Tait LimitedSeptember 2017
Tait Software License Agreement
This Software License Agreement ("Agreement") 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 Agreement. If you do not agree to the terms of this
Agreement, do not install or use any of the Software. 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, trademarks; operations, processes, and related business affairs of Tait; and including any other
goods or property supplied by Tait to Licensee
pursuant to the terms of this Agreement.
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the Software and Documentation is licensed for
use.
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documentation that specifies technical and performance features and capabilities; user, operation, and training manuals for the Software; and
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“Executable Code” means Software in a form
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authority in any jurisdiction throughout the
world and including, but not limited to all rights
in patents, patent applications, inventions, copyrights, trademarks, trade secrets, trade names,
and other proprietary rights in or relating to the
Software and Documentation; including any
adaptations, corrections, de-compilations, disassemblies, emulations, enhancements fixes, modifications, translations and updates to or derivative works from, the Software or Documentation,
whether made by Tait or another party, or any
UnifyVehicle System Manual
© Tait LimitedSeptember 2017
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
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“Software” (i) means proprietary software in
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“Tait” means Tait Limited and includes its Affiliates.
Section 2 SCOPE
This Agreement contains the terms and conditions of the license Tait is providing to Licensee,
and of Licensee’s use of the Software and Documentation. Tait and Licensee enter into this
Agreement in connection with Tait delivery of
certain proprietary Software and/or products
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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-transferable (except as permitted in Section 7), and
non-exclusive license to use the Software in executable code form, and the Documentation,
Tait Software License Agreement
13
solely in connection with Licensee's use of the
Designated Products for the useful life of the
Designated Products. This Agreement does not
grant any rights to source code.
3.2. If the Software licensed under this Agreement contains or is derived from Open Source
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any applicable Open Source Software Licenses,
the terms and conditions of the Open Source
Software Licenses will take precedence. For
information about Open Source Components
contained in Tait products and the related Open
Source licenses, see:
http://support.taitradio.com/go/opensource
Section 4 LIMITATIONS ON USE
4.1. Licensee may use the Software only for
Licensee's internal business purposes and only in
accordance with the Documentation. Any other
use of the Software is strictly prohibited. Without
limiting the general nature of these restrictions,
Licensee will not make the Software available
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reduce the Software or any portion thereof to a
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(vii) provide, copy, transmit, disclose, divulge or
make the Software or Documentation available
to, or permit the use of the Software by, any third
party or on any machine except as expressly
authorized by this Agreement; or (viii) use, or
permit the use of, the Software in a manner that
would result in the production of a copy of the
Software by any means whatsoever other than
what is permitted in this Agreement. Licensee
may make one copy of the Software to be used
solely for archival, back-up, or disaster recovery
purposes; provided that Licensee may not operate that copy of the Software at the same time as
the original Software is being operated. Licensee
may make as many copies of the Documentation
as it may reasonably require for the internal use
of the Software.
4.3. Unless otherwise authorized by Tait in writing, Licensee will not, and will not enable or
allow any third party to: (i) install a copy of the
14
Tait Software License Agreement
Software on more than one unit of a Designated
Product; or (ii) copy or transfer Software
installed on one unit of a Designated Product to
any other device. Licensee may temporarily
transfer Software installed on a Designated Product to another device if the Designated Product is
inoperable or malfunctioning. Temporary transfer of the Software to another device must be discontinued when the original Designated Product
is returned to operation and the Software must be
removed from the other device.
4.4. Licensee will maintain, during the term of
this Agreement and for a period of two years
thereafter, accurate records relating to this
license grant to verify compliance with this
Agreement. Tait, or a third party nominated by
Tait, may inspect Licensee’s premises, books and
records, upon reasonable prior notice to
Licensee, during Licensee’s normal business
hours and subject to Licensee's facility and security regulations. Tait is responsible for the payment of all expenses and costs of the inspection,
provided that Licensee shall indemnify Tait for
all costs (including audit costs and legal costs on
a solicitor client basis) if Licensee has breached
the terms of this Agreement. Any information
obtained by Tait during the course of the inspection will be kept in strict confidence by Tait and
used solely for the purpose of verifying
Licensee's compliance with the terms of this
Agreement.
Section 5 OWNERSHIP AND TITLE
Tait, its licensors, and its suppliers retain all of
their Intellectual Property Rights in and to the
Software and Documentation, in any form. No
rights are granted to Licensee under this Agreement by implication, estoppel or otherwise,
except for those rights which are expressly
granted to Licensee in this Agreement. All Intellectual Property developed, originated, or prepared by Tait in connection with providing the
Software, Designated Products, Documentation,
or related services, remains vested exclusively in
Tait, and Licensee will not have any shared
development or other Intellectual Property
Rights.
Section 6 LIMITED WARRANTY;
DISCLAIMER OF WARRANTY
6.1. The commencement date and the term of the
Software warranty will be a period of one (1)
year from Tait shipment of the Software. If
Licensee is not in breach of any obligations under
this Agreement, Tait warrants that the unmodified Software, when used properly and in accordance with the Documentation and this Agreement, will be free from a reproducible defect that
eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software.
Whether a defect has occurred will be determined solely by Tait. Tait does not warrant that
Licensee’s use of the Software or the Designated
Products will be uninterrupted, error-free, completely free of Security Vulnerabilities, or that the
Software or the Designated Products will meet
Licensee’s particular requirements. Tait makes
UnifyVehicle System Manual
© Tait LimitedSeptember 2017
no representations or warranties with respect to
any third-party software included in the Software.
6.2 Tait sole obligation to Licensee, and
Licensee’s exclusive remedy under this warranty,
is to use reasonable efforts to remedy any material Software defect covered by this warranty.
These efforts will involve either replacing the
media or attempting to correct significant,
demonstrable program or documentation errors
or Security Vulnerabilities. If Tait cannot correct
the defect within a reasonable time, then at Tait
option, Tait will replace the defective Software
with functionally equivalent Software, license to
Licensee substitute Software which will accomplish the same objective, or terminate the license
and refund Licensee’s paid license fee. If Tait
investigation of the perceived defect reveals that
no such defect in fact exists, Tait may recover its
costs in respect of such investigation from
Licensee.
6.3. Tait disclaims any and all other warranties
relating to the Software or Documentation other
than the express warranties set forth in this Section 6. Warranties in Section 6 are in lieu of all
other warranties whether express or implied, oral
or written, and including without limitation any
and all implied warranties of condition, title,
non-infringement, merchantability, or fitness for
a particular purpose or use by Licensee (whether
Tait knows, has reason to know, has been advised
of, or is otherwise aware of any such purpose or
use), whether arising by law, by reason of custom
or usage of trade, or by course of dealing. In addition, Tait disclaims any warranty to any person
other than Licensee with respect to the Software
or Documentation.
Section 7 TRANSFERS
7.1. Licensee will not transfer the Software or
Documentation to any third party without specific prior written consent from Tait. Tait may
withhold such consent or at its own discretion
make the consent conditional upon the transferee
paying applicable license fees and agreeing to be
bound by this Agreement.
7.2. In the case of a value-added reseller or distributor of Tait Designated Products, the consent
referred to in Section 7.1 may be contained in a
Tait Reseller or Tait Distributor Agreement.
7.3. If the Designated Products are Tait vehiclemounted mobile products or hand-carried portable radio products and Licensee transfers ownership of the Tait mobile or portable radio products
to a third party, Licensee may assign its right to
use the Software which is embedded in or furnished for use with the radio products and the
related Documentation; provided that Licensee
transfers all copies of the Software and Documentation to the transferee.
7.4. For the avoidance of any doubt, Section 7.3
excludes TaitNet Infrastructure, or the products
listed at any time under network products at:
http://www.taitradio.com.
7.5. If Licensee, as a contractor or subcontractor
(integrator), is purchasing Tait Designated Products and licensing Software not for its own internal use but for end use only by a Customer, the
UnifyVehicle System Manual
© Tait LimitedSeptember 2017
Licensee may transfer such Software, but only if
a) Licensee transfers all copies of such Software
and the related Documentation to the transferee
and b) Licensee has first obtained from its Customer (and, if Licensee is acting as a subcontractor, from the interim transferee(s) and from the
ultimate end user sub license) an enforceable
sublicense agreement that prohibits any other
transfer and that contains restrictions substantially identical to the terms set forth in this Software License Agreement. Except as stated in the
foregoing, Licensee and any transferee(s) authorised by this Section may not otherwise transfer
or make available any Tait Software to any third
party nor permit any party to do so. Licensee
will, on request, make available evidence reasonably satisfactory to Tait demonstrating compliance with all the foregoing.
Section 8 TERM AND TERMINATION
8.1. Licensee’s right to use the Software and
Documentation will commence when the Designated Products are supplied by Tait to Licensee
and will continue for the life of the Designated
Products with which or for which the Software
and Documentation are supplied, unless
Licensee breaches this Agreement, in which case
this Agreement and Licensee's right to use the
Software and Documentation may be terminated
immediately upon notice by Tait.
8.2. Within thirty (30) days after termination of
this Agreement, Licensee must certify in writing
to Tait that all copies of the Software have been
removed or deleted from the Designated Products and that all copies of the Software and Documentation have been returned to Tait or
destroyed by Licensee and are no longer in use
by Licensee.
8.3. Licensee acknowledges that Tait made a
considerable investment of resources in the
development, marketing, and distribution of the
Software and Documentation and that Licensee's
breach of this Agreement will result in irreparable harm to Tait for which monetary damages
would be inadequate. If Licensee breaches this
Agreement, Tait may terminate this Agreement
and be entitled to all available remedies at law or
in equity including immediate injunctive relief
and repossession of all non-embedded Software
and associated Documentation. Licensee shall
pay all Tait costs (on an indemnity basis) for the
enforcement of the terms of this Agreement.
Section 9 CONFIDENTIALITY
Licensee acknowledges that the Software and
Documentation contain proprietary and Confidential Information valuable to Tait and are Tait
trade secrets, and Licensee agrees to respect the
confidentiality of the information contained in
the Software and Documentation.
Section 10 LIMITATION OF LIABILITY
10.1. In no circumstances shall Tait be under any
liability to 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,
Tait Software License Agreement
15
indirect, or consequential arising out of or in connection with any use or inability of using the
Software.
10.2. Licensee’s sole remedy against Tait will be
limited to breach of contract and Tait 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 the refund of the purchase
price of the Software.
Section 11 GENERAL
11.1. COPYRIGHT NOTICES. The existence of
a copyright notice on the Software will not be
construed as an admission or presumption of
publication of the Software or public disclosure
of any trade secrets associated with the Software.
11.2. COMPLIANCE WITH LAWS. Licensee
acknowledges that the Software may be subject
to the laws and regulations of the jurisdiction
covering the supply of the Designated Products
and will comply with all applicable laws and regulations, including export laws and regulations,
of that country.
11.3. ASSIGNMENTS AND SUBCONTRACTING. Tait may assign its rights or subcontract its
obligations under this Agreement, or encumber
or sell its rights in any Software, without prior
notice to, or consent of, Licensee.
11.4. GOVERNING LAW. 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 judgment 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.
11.5. THIRD-PARTY BENEFICIARIES. This
Agreement is entered into solely for the benefit
of Tait and Licensee. No third party has the right
to make any claim or assert any right under this
Agreement, and no third party is deemed a beneficiary of this Agreement. Notwithstanding the
foregoing, any licensor or supplier of third-party
software included in the Software will be a direct
and intended third-party beneficiary of this
Agreement.
11.6. SURVIVAL. Sections 4, 5, 6.3, 7, 8, 9, 10,
and 11 survive the termination of this Agreement.
11.7. ORDER OF PRECEDENCE. In the event
of inconsistencies between this Agreement and
any other Agreement between the parties, the
parties agree that, with respect to the specific
subject matter of this Agreement, this Agreement
prevails.
11.8. SECURITY. Tait uses reasonable means in
the design and writing of its own Software and
the acquisition of third-party Software in order to
limit Security Vulnerabilities. While no software
can be guaranteed to be free from Security Vulnerabilities, if a Security Vulnerability is discovered, Tait will take the steps specified in Section
6 of this Agreement.
11.9. EXPORT. Licensee will not transfer,
16
Tait Software License Agreement
directly or indirectly, any Designated Product,
Documentation or Software furnished hereunder
or the direct product of such Documentation or
Software to any country for which New Zealand
or any other applicable country requires an
export license or other governmental approval
without first obtaining such license or approval.
11.10. SEVERABILITY. In the event that any
part or parts of this Agreement shall be held illegal or null and void by any court or administrative body of competent jurisdiction, such determination shall not affect the remaining terms
which shall remain in full force and effect as if
such part or parts held to be illegal or void had
not been included in this Agreement. Tait may
replace the invalid or unenforceable provision
with a valid and enforceable provision that
achieves the original intent and economic effect
of this Agreement.
11.11. CONSUMER GUARANTEES. Licensee
acknowledges that the licenses supplied in terms
of this agreement are supplied to Licensee in
business, and that the guarantees and other provisions of prevailing consumer protection legislation shall not apply.
11.12. WHOLE AGREEMENT. Licensee
acknowledges that it has read this Agreement,
understands it and agrees to be bound by its terms
and conditions. Licensee also agrees that, subject
only to the express terms of any other agreement
between Tait and Licensee to the contrary, this is
the complete and exclusive statement of the
Agreement between it and Tait in relation to the
Software. This Agreement supersedes any proposal or prior agreement, oral or written, and any
other communications between Licensee and
Tait relating to the Software and the Designated
Products.
UnifyVehicle System Manual
© Tait LimitedSeptember 2017
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