Tait TMAK5F Mobile Transceiver User Manual TM9100 Safety and Compliance Information

Tait Limited Mobile Transceiver TM9100 Safety and Compliance Information

Exhibit D Users Manual per 2 1033 c3

TM9100 mobilesSafety and Compliance InformationMMA-00009-06April 2007
2Safety and compliance informationCopyright and trademarksAll 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 rightsThis 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 information3explicitly 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 customersTait 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.
4Safety and compliance informationAbout this bookletThis 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 informationFor 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 radioYou 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 information5QEnsure 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 energyThis 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.QWhile 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).
6Safety and compliance informationQUse 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 standardsThis 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) C95.1-1992QInstitute 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 information7Radio frequency emissions limits in the USAPart 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 radioThe 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.
8Safety and compliance informationLow-power channelsThis 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 encryptionThis 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 beaconsFrequency 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 information9Safe radio operationWarning: Switch off the radio:Qat petrol filling stations or near flammable liquids or gasesQin the vicinity of explosive devices and blasting zonesUsing 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 devicesSome 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 controlQmedical devices such as hearing aids and pacemakersQmedical equipment in hospitals or health care facilities.
10Safety and compliance informationConsult 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 temperaturesThe 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 mobilesDo 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 batteryAlways 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 information11Tait licence agreementThis 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.LicenceTAIT 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 / OR2. 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 NoticeTHE 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/opensourceTitle 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.
12Safety and compliance informationLimited 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 LiabilityIN 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.GeneralTHE 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 information13The terms of this Agreement shall apply subject only to any express written terms of agreement to the contrary between Tait and the Licensee.LicenceTAIT 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 / OR2. 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 NoticeTHE 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/opensourceTitle 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 LiabilityIN NO CIRCUMSTANCES SHALL TAIT BE UNDER ANY LIABILITY TO THE LICENSEE, OR ANY OTHER PERSON
14Safety and compliance informationWHATSOEVER, 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.GeneralTHE 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.

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