Tait TM8100 Guide De L'utilisateur page 36

"Software" (i) means proprietary software in
executable code format, and adaptations,
translations, de-compilations, disassemblies,
emulations, or derivative works of such
software; (ii) means any modifications,
enhancements, new versions and new releases
of the software provided by Tait; and (iii) may
contain one or more items of software owned
by a third-party supplier. The term "Software"
does not include any third-party software
provided under separate license or not licensa-
ble 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
software prior to its compilation into an
executable programme.
"Tait" means Tait Limited and includes its
Affiliates.
Section 2 SCOPE
This Agreement contains the terms and condi-
tions of the license Tait is providing to Licen-
see, 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
containing embedded or pre-loaded proprie-
tary Software.
Section 3 GRANT OF LICENSE
3.1. Subject to the provisions of this Agree-
ment 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, 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 Agree-
ment contains or is derived from Open Source
Software, the terms and conditions governing
the use of such Open Source Software are in
the Open Source Software Licenses of the
36 Tait software licence agreement
copyright owner and not in this Agreement. If
there is a conflict between the terms and
conditions of this Agreement and the terms
and conditions of the any applicable Open
Source Software Licenses, the terms and condi-
tions 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 Soft-
ware available for use by third parties on a
"time sharing," "application service provider,"
"service bureau" basis, or for any other similar
commercial rental or sharing arrangement.
4.2. Licensee will not, and will not directly or
indirectly allow or enable any third party to: (i)
reverse engineer, disassemble, extract compo-
nents, decompile, reprogram, or otherwise
reduce the Software or any portion thereof to a
human perceptible form or otherwise attempt
to recreate the source code; (ii) modify, adapt,
create derivative works of, or merge the Soft-
ware; (iii) copy, reproduce, distribute, lend, or
lease the Software or Documentation to any
third party; (iv) grant any sublicense or other
rights in the Software or Documentation to any
third party; (v) take any action that would
cause the Software or Documentation to be
placed in the public domain; (vi) remove, or in
any way alter or obscure any copyright notice
or other notice of Tait or third-party licensor's
proprietary rights; (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