End User License Agreement
2 LIMITED WARRANTY
2.1 Limited Warranty. CTCT warrants that the Software will perform
substantially in accordance with the accompanying written materials
for a period of one (1) year from the date of receipt. This limited
warranty gives you specific legal rights, you may have others, which
vary from state/jurisdiction to state/jurisdiction.
2.2 Customer Remedies. CTCT’s and its licensors’ entire liability, and
your sole remedy, with respect to the Software shall be either, at
CTCT’s option, (a) repair or replacement of the Software, or (b) return
of the license fee paid for any Software that does not meet CTCT’s
limited warranty. This limited warranty is void if failure of the
Software has resulted from (1) accident, abuse, or misapplication; (2)
alteration or modification of the Software without CTCT’s prior
written authorization; (3) interaction with software or hardware not
supplied by CTCT or Trimble; (4) improper, inadequate or
unauthorized installation, maintenance, or storage of the Software or
Product; or (5) if you violate the terms of this Agreement. Any
replacement Software will be warranted for the remainder of the
original warranty period or thirty (30) days, whichever is longer.
2.3 NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, CTCT AND ITS
LICENSORS DISCLAIM ALL OTHER WARRANTIES AND
CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT
WITH REGARD TO THE SOFTWARE AND THE PROVISION OF
OR FAILURE TO PROVIDE SUPPORT SERVICES. THE ABOVE
LIMITED WARRANTY DOES NOT APPLY TO ERROR
CORRECTIONS, UPDATES OR UPGRADES OF THE
SOFTWARE AFTER EXPIRATION OF THE LIMITED
WARRANTY PERIOD, WHICH ARE PROVIDED “AS IS” AND
WITHOUT WARRANTY. BECAUSE THE SOFTWARE IS
INHERENTLY COMPLEX AND MAY NOT BE COMPLETELY
FREE OF NONCONFORMITIES, DEFECTS OR ERRORS, YOU
ARE ADVISED TO VERIFY YOUR WORK. CTCT DOES NOT
WARRANT THE RESULTS OBTAINED THROUGH USE OF THE
SOFTWARE, OR THAT THE SOFTWARE WILL OPERATE
ERROR FREE OR UNINTERRUPTED, WILL MEET YOUR
NEEDS OR EXPECTATIONS, OR THAT ALL
NONCONFORMITIES CAN OR WILL BE CORRECTED. TO THE
EXTENT ALLOWED BY APPLICABLE LAW, IMPLIED
WARRANTIES AND CONDITIONS ON THE SOFTWARE ARE
LIMITED TO ONE (1) YEAR. YOU MAY HAVE OTHER LEGAL
RIGHTS WHICH VARY FROM STATE/JURISDICTION TO
STATE/JURISDICTION.
2.4 LIMITATION OF LIABILITY. CTCT’S ENTIRE LIABILITY
UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE
LIMITED TO THE GREATER OF THE AMOUNT PAID BY YOU
FOR THE SOFTWARE LICENSE OR U.S. $25.00. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL CTCT OR ITS LICENSORS BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES WHATSOEVER (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 CTCT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. 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.
3 GENERAL
3.1 This Agreement shall be governed by the laws of the State of Ohio
and applicable United States Federal law without reference to “conflict
of laws” principles or provisions. The United Nations Convention on
Contracts for the International Sale of Goods will not apply to this
Agreement. Jurisdiction and venue of any dispute or court action
arising from or related to this Agreement or the Software shall lie
exclusively in or be transferred to the courts of the Montgomery
County, Ohio, and/or the United States District Court for Ohio. You
hereby consent and agree not to contest, such jurisdiction, venue and
governing law.
3.2 Notwithstanding Section 3.1, if you acquired the Product in
Canada, this Agreement is governed by the laws of the Province of
Ontario, Canada. In such case each of the parties to this Agreement
irrevocably attorns to the jurisdiction of the courts of the Province of
Ontario and further agrees to commence any litigation that may arise
under this Agreement in the courts located in the Judicial District of
York, Province of Ontario.
3.3 Official Language. The official language of this Agreement and of
any documents relating thereto is English. For purposes of
interpretation, or in the event of a conflict between English and
versions of this Agreement or related documents in any other language,
the English language version shall be controlling.
3.4 CTCT reserves all rights not expressly granted by this Agreement.
2015©, Caterpillar Trimble Control Technologies LLC. All Rights
Reserved.
4 GCS900 Grade Control System for Excavators Operator's Manual
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