END-USER LICENSE AGREEMENT
IMPORTANT, READ CAREFULLY. THIS END USER LICENSE
AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT
BETWEEN YOU AND CATERPILLAR TRIMBLE CONTROL
TECHNOLOGIES LLC (“CTCT”) and applies to the computer
software provided by CTCT with the GCS, CCS, or PCS series
machine control system (the “Product”) purchased by you (whether
built into hardware circuitry as firmware, embedded in flash memory
or a PCMCIA card, or stored on magnetic or other media), or provided
as a stand-alone computer software product, and includes any
accompanying printed materials and any “online” or electronic
documentation (“Software”). The Software also includes any CTCT
software (including, without limitation, upgrades and updates) relating
to the Product that is furnished by Trimble Navigation Limited
(“Trimble”) or its dealers (including, without limitation, CTCT
software downloaded from Trimble’s or its dealers’ website(s)) unless
accompanied by different license terms and conditions that will govern
its use.
BY CLICKING ‘‘YES” OR “I ACCEPT” 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, DO NOT USE THE PRODUCT
OR COPY THE SOFTWARE. INSTEAD PROMPTLY RETURN
THE UNUSED SOFTWARE AND ACCOMPANYING PRODUCT
TO THE PLACE FROM WHICH YOU OBTAINED THEM FOR A
FULL REFUND.
1 SOFTWAREPRODUCT LICENSE
1.1 License Grant. Subject to this Agreement, CTCT grants you a
limited, non-exclusive, non-sublicensable right to use one (1) copy of
the Software in a machine-readable form on the Product. Such use is
limited to use with the Product for which it was intended and into
which it was embedded. You may use the installation Software from a
computer solely to download the Software to one Product. In no event
shall the installation Software be used to download the Software onto
more than one Product without securing a separate license. A license
for the Software may not be shared or used concurrently on different
computers or Products.
1.2 Other Rights and Limitations.
(1) You may not copy, modify, make derivative works of, rent, lease,
sell, distribute or transfer the Software, in whole or in part, except as
otherwise expressly authorized under this Agreement, and you agree to
use all commercially reasonable efforts to prevent its unauthorized use
and disclosure.
(2) The Software contains valuable trade secrets proprietary to CTCT
and its licensors. 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 (such as, for example, national laws implementing EC
Directive 91/250 on the Legal Protection of Computer Programs) give
you the right to perform any of the aforementioned activities without
CTCT’s consent in order to gain certain information about the
Software for purposes specified in the respective statutes (i.e.,
interoperability), you hereby agree that, before exercising any such
rights, you shall first request such information from CTCT in writing
detailing the purpose for which you need the information. Only if and
after CTCT, at its sole discretion, partly or completely denies your
request, may you exercise such statutory rights.
(3) This Software is licensed as a single product. You may not separate
its component parts for use on more than one Product.
(4) You may not rent, lease, or lend, the Software separate from the
Product for which it was intended.
(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.
(6) You may permanently transfer all of your rights under this
Agreement only as part of a permanent sale or transfer of the Product
for which it was intended, provided you retain no copies, you transfer
all of the Software (including all component parts, the media and
printed materials, any upgrades, and this Agreement) and the recipient
agrees to the terms of this Agreement. If the Software portion is an
upgrade, any transfer must include all prior versions of the Software.
(7) You acknowledge that the Software and underlying technology
may be subject to the export administration regulations of the United
States Government relating to the export of technical data and
products. This Agreement is subject to, and you agree to comply with,
any laws, regulations, orders or other restrictions on the export of the
Software from the United States which may be imposed by the United
States Government or agencies thereof.
(8) At the request of CTCT, you agree to cooperate with CTCT to
track the number of Products using Software at your site(s) to ensure
compliance with the license grant and installation restrictions in this
Agreement.
(9) Notwithstanding anything to the contrary in this Agreement, any
Open Source Software that may be included as a part of the software
package shall not constitute a portion of the Software as defined in
this Agreement and is not licensed under the terms of this Agreement,
but instead is subject to the terms of the applicable Open Source
Software license. Unless otherwise required pursuant to the terms of an
Open Source Software license, CTCT grants you no right to receive
source code to the Open Source Software; however, in some cases
rights and access to source code may be available to you directly from
the licensors. If you are entitled to receive the source code from CTCT
for any Open Source Software included with the software package, you
may obtain the source code at no charge by written request to CTCT at
Caterpillar Trimble Control Technologies LLC, 5475 Kellenburger
Rd., Dayton, Ohio 45424 USA, Attn: GCS, CCS and PCS Series
Products Manager. You must agree to the terms of the applicable Open
Source Software license, or you may not use the subject Open Source
Software.
For purposes of this Agreement, "Open Source Software" means those
software programs or libraries that are identified in the software
documentation, read me and/or about files as being subject to any open
source software license, and all modifications, derivative works and
executables based on or derived from such software programs or
libraries, if such modifications, derivative works and/or executables are
also subject to the applicable open source software license by its terms.
1.3 Termination. You may terminate this Agreement by ceasing all use
of the Software. Without prejudice as to any other rights, CTCT may
terminate this Agreement without notice if you fail to comply with the
terms and conditions of this Agreement. In either event, you must
destroy all copies of the Software and all of its component parts, and
provide an affidavit to CTCT stating that you have done the same.
1.4 Copyright. All title and copyrights 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 CTCT and its licensors. You shall not remove, cover or alter
any of CTCT's patent, copyright or trademark notices placed upon,
embedded in or displayed by the Software or on its packaging and
related materials.
1.5 U.S. Government Restricted Rights. The Software is provided with
“RESTRICTED RIGHTS”. Use, duplication, or disclosure by the
United States Government is subject to restrictions as set forth in this
Agreement, and as provided in DFARS 227.7202-1(a) and 227.7202-3
(a)(1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a)
(1995), FAR 52.227-19, or FAR 52.227-14(ALT III), as applicable.
GCS900 Grade Control System for Excavators Operator's Manual 3
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