Software’s security has been compromised, owners of Secure
Content (“Secure Content Owners”) may request that MS revoke
the DRM Software’s right to copy, display and/or play Secure
Content. Revocation does not alter the DRM Software’s ability to
play unprotected content. A list of revoked DRM Software is sent
to your computer whenever you download a license for Secure
Content from the Internet. You therefore agree that MS may, in
conjunction with such license, also download revocation lists
onto your computer on behalf of Secure Content Owners. MS will
not retrieve any personally identifiable information, or any other
information, from your computer by downloading such revocation
lists. Secure Content Owners may also require you to upgrade
some of the DRM components in this Software (“DRM Upgrades”)
before accessing their content. When you attempt to play such
content, MS DRM SOFTWARE will notify you that a DRM Upgrade
is required and then ask for your content before the DRM
Upgrade is downloaded. Third party DRM Software may do the
same. If you decline the upgrade, you will not be able to access
content that requires the DRM Upgrade; however, you will still be
able to access unprotected content and Secure Content that does
not require the upgrade.
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 (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 Trimble’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 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. (3) You may not rent, lease, or lend, the Software
unless you are a reseller of Trimble products under separate
written agreement with Trimble and authorized by Trimble to do
so. In the event that you receive the Device under the terms of a
lease from Trimble or Trimble’s third-party representative, the
following additional terms shall apply: (i) you may not transfer the
Software to another user as part of the transfer of the Device,
whether or not a permanent transfer of the Software with the
Device is otherwise allowed in this Agreement; (ii) your rights with
respect to any software upgrades shall be as determined by the
lease you signed for the Device; and (iii) you may not use the
Software after your lease terminates unless you purchase the
Device from Trimble or Trimble’s representative. (4) 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. (5) You may
permanently transfer all of your rights under this Agreement only
as part of a permanent sale or transfer of the Device, provided
you retain no copies, you transfer all of the Software (including all
component parts, the media and printed materials, any
upgrades, this Agreement, and, if applicable, the Certificate(s) of
Authority) 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. (6) You
acknowledge that the Software and underlying technology
subject to U.S. Export jurisdiction. You agree to comply with all
applicable international and national laws that apply to the
Software and underlying technology, including U.S. Export
Administration Regulations, as well as end-user, end-use and
destination restrictions issued by U.S. and other governments.
For additional information see
http://www.microsoft.com/exporting
. (7) Without prejudice as to
any other rights, Trimble may terminate this Agreement without
notice if you fail to comply with the terms and conditions of this
Agreement. In such event, you must destroy all copies of the
Software and all of its component parts. (8) If the MS Software
includes speech and/or handwriting recognition component(s),
you should understand that speech and handwriting recognition
are inherently statistical processes and that errors can occur in
the component’s recognition of your handwriting, and the final
conversion into text. Neither Trimble nor any of its suppliers shall
be liable for any damages arising out of errors in the speech and
handwriting recognition process. (9) The package for the Device
may contain multiple versions of this Agreement, such as
multiple translations and/or multiple media versions (e.g., in the
user documentation and in the software). Even if you receive
multiple versions of this EULA Agreement, you are licensed to use
only one (1) copy of the Device Software.
Notice Regarding the MPEG-4 Visual Standard
. The MS Software
may include MPEG-4 visual decoding technology. MPEG LA, L.L.C.
requires the following notice: USE OF THIS SOFTWARE IN ANY
MANNER THAT COMPLIES WITH THE MPEG-4 VISUAL STANDARD
IS PROHIBITED, EXCEPT FOR USE DIRECTLY RELATED TO (A) DATA
OR INFORMATION (i) GENERATED BY AND OBTAINED WITHOUT
CHARGE FROM A CONSUMER NOT THEREBY ENGAGED IN A
BUSINESS ENTERPRISE, AND (ii) FOR PERSONAL USE ONLY; AND
(B) OTHER USES SPECIFICALLY AND SEPARATELY LICENSED BY
MPEG LA, L.L.C. If you have any questions regarding this notice,
please contact MPEG LA, L.L.C., 250 Steele Street, Suite 300,
Denver, Colorado 80206; Telephone 303-331-1880; fax 303-
331-1879.
If the Device Software is provided by Trimble separate from the
Device on media such as a ROM chip, CD ROM disk(s) or via web
download or other means, and is labeled “For Upgrade Purposes
Only” you may install one (1) copy of such Device Software onto
the Device as a replacement copy for the existing Device
Software and use it accordance with this Agreement.
If any software component(s) provided by Trimble separate from
the Device on CD ROM disc(s) or via web download or other
means, and labeled “For Upgrade Purposes Only,” you may (i)
install and use one (1) copy of such component(s) on the
computer(s) you use to exchange data with the Device as a
replacement copy for the existing Companion CD component(s).
Copyright
. All title and copyrights in and to the Software (including
but not limited to any images, photographs, animations, video,
audio, music, text and “applets,” incorporated into the Software),
the accompanying printed materials, and any copies of the
Software are owned by Trimble, or MS (including Microsoft
Corporation), and their respective suppliers. You may not copy the
printed materials accompanying the Software. All title and
intellectual property rights in and to the content which may be
accessed through use of the Software is the property of the
respective content owner and may be protected by applicable
copyright or other intellectual property laws and treaties. This
Agreement grants you no rights to use such content. You shall not
remove, cover or alter any of Trimble’s patent, copyright or
trademark notices placed upon, embedded in or displayed by the
Software or on its packaging and related materials. All rights not
specifically granted in this Agreement are reserved by Trimble,
MS (including Microsoft Corporation), and their respective
suppliers.
U.S. Government 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.
Microsoft Corporation has contractually obligated Trimble to
include the following disclaimers in this Agreement:
To Next Page
Loading...