Trimble Outdoors Software End User License Agreement
IMPORTANT, READ CAREFULLY. THIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU AND TRIMBLE NAVIGATION LIMITED (“Trimble”) and applies to the computer software with which this Agreement is provided, and includes any accompanying printed materials and any “online” or electronic documentation (“Software”). This Agreement will also apply to any Software error corrections, updates and upgrades subsequently furnished by Trimble, unless such are accompanied by different license terms and conditions which will govern their use. BY CLICKING “YES” IN THE ACCEPTANCE BOX, OR BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THIS SOFTWARE.
This Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.
1 Software license.
1.2 Other Rights and Limitations. (1) The Software contains valuable trade secrets proprietary to Trimble and its suppliers. To the extent permitted by relevant law, you shall not, nor allow any third party to copy, decompile, disassemble or otherwise reverse engineer the Software, or attempt to do so, provided, however, that to the extent any applicable mandatory laws give you the right to perform any of the aforementioned activities without Trimble's consent in order to gain certain information about the Software for purposes specified in the respective statutes (e.g., interoperability), you hereby agree that, before exercising any such rights, you shall first request such information from Trimble in writing detailing the purpose for which you need the information. Only if and after Trimble, at its sole discretion, partly or completely denies your request, may you exercise such statutory rights. (2) This Software is licensed as a single product. You may not separate its component parts for use on more than one computer or device. (3) You may not rent, lease, or lend, the Software. (4) You may not modify or make derivative works of the Software. (5) No service bureau work, multiple-user license or time-sharing arrangement is permitted. For purposes of this Agreement “service bureau work” shall be deemed to include, without limitation, use of the Software to process or to generate output data for the benefit of, or for purposes of rendering services to any third party over the Internet or other communications network.
1.3 Ownership; Notices. All right, title and interest (including but not limited to copyright, patent, trade secret and all other intellectual property and proprietary rights worldwide) in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by Trimble and its suppliers. You shall not remove, cover or alter any of Trimble's (or its designated suppliers') copyright, trademark or other proprietary notices placed upon, embedded in or displayed by the Software or on its packaging and related materials.
1.4 Notice about Location Based Services. To provide Trimble Outdoors services, location information is derived from your wireless carrier, certain third-party service providers, or directly from the mobile device. Location information is used on the mobile application only while the application is running and in accordance with your privacy and opt-in settings. When you use this Software to voluntarily upload and share Adventure Planner Trips through the Trimble Outdoors services (at www.TrimbleOutdoors.com), information regarding your geographic location(s) may be accessed and disclosed through the Software used with those services. You agree to notify any other users associated with your Trimble Outdoors account of this feature. You control when your location is shared with others by managing the settings on the application. You may revoke the foregoing consents within the Software by opting-out of sharing location information through the Trimble Outdoors services.
2 NO WARRANTIES. The Software is being delivered to you “AS IS” and Trimble makes no warranty as to its use or performance. TRIMBLE AND ITS SUPPLIERS DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. YOU ASSUME THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRIMBLE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, TERMS, AND CONDITIONS, EITHER EXPRESS OR IMPLIED, BY STATUTE, COMMON LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES, TERMS, AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGE-MENT WITH REGARD TO THE SOFTWARE, ITS SATISFACTORY QUALITY, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
TRIMBLE IS NOT RESPONSIBLE FOR THE OPERATION OR FAILURE OF OPERATION OF GPS SATELLITES OR THE AVAILABILITY OF GPS SATELLITE SIGNALS.
3 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRIMBLE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS), ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF TRIMBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT.
IN NO EVENT SHALL TRIMBLE'S TOTAL LIABILITY IN CONNECTION WITH THIS AGREEMENT and THE SOFTWARE, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE AMOUNT PAID TO TRIMBLE FOR USE OF THE SOFTWARE GIVING RISE TO THE CLAIM, if any. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5 EXPORT RESTRICTIONS. You shall not export, directly or indirectly, the Software (or any component part or output thereof) to any country in violation of any law or regulation, including without limitation any law or regulation of the U.S. Government or any agency. You are solely responsible for complying with all applicable export and import regulations and obtaining all necessary export and import licenses or permits for the Software. You agree to defend, indemnify and hold Trimble harmless against any liability (including attorneys' fees) arising out of your failure to comply with the terms of this paragraph.
This Agreement shall be governed
by the laws of the State of