Product Support. The Product support for the Software is not
provided by MS, its parent corporation, Microsoft Corporation, or
their affiliates or their affiliates or subsidiaries. For product
support, please refer to Trimble support number provided in the
documentation for the Device. Should you have any questions
concerning this Agreement, or if you desire to contact Trimble for
any other reason, please refer to the address provided in the
documentation for the Device.
No Liability for Certain Damages
. EXCEPT AS PROHIBITED BY
LAW, MS SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR
IN CONNECTION WITH THE USE OR PERFORMANCE OF THE MS
SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY
FAILS ITS ESSENTIAL PURPOSE.
Limited Warranty.
Limited Warranty
. Trimble warrants that the Software will perform
substantially in accordance with the accompanying written
materials for a period of ninety (90) days 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.
The above limited warranty does not apply to error corrections,
updates or upgrades of the Software after expiration of the ninety
(90) day limited warranty period, which are provided “AS IS” and
without warranty unless otherwise specified in writing by Trimble.
Because the Software is inherently complex and may not be
completely free of nonconformities, defects or errors, you are
advised to verify your work. Trimble does not warrant that the
Software will operate error free or uninterrupted, will meet your
needs or expectations, or that all nonconformities can or will be
corrected.
Customer Remedies
. Trimble’s and its suppliers’ entire liability,
and your sole remedy, with respect to the Software shall be
either, at Trimble’s option, (a) repair or replacement of the
Software, or (b) return of the license fee paid for any Software
that does not meet Trimble’s limited warranty. This limited
warranty is void if failure of the Software has resulted from
accident, abuse, or misapplication. Any replacement Software will
be warranted for the remainder of the original warranty period or
thirty (30) days, whichever is longer.
NO OTHER WARRANTIES
. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, TRIMBLE AND ITS SUPPLIERS 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
NONINFRINGEMENT WITH REGARD TO THE SOFTWARE AND THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. TO
THE EXTENT ALLOWED BY APPLICABLE LAW, IMPLIED
WARRANTIES AND CONDITIONS ON THE SOFTWARE ARE LIMITED
TO NINETY (90) DAYS. Y0U MAY HAVE OTHER LEGAL RIGHTS
WHICH VARY FROM STATE/JURISDICTION TO
STATE/JURISDICTION.
LIMITATION OF LIABILITY
. TRIMBLE’S ENTIRE LIABILITY UNDER
ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE
AMOUNT PAID BY YOU FOR THE SOFTWARE LICENSE. 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 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 TRIMBLE 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.
PLEASE NOTE: If you have acquired this product from a dealer
located in the European Union, the warranty provisions of this
Section 2 will not apply. Please contact your dealer for applicable
warranty information.
2.6 Without prejudice to any other rights, Trimble or MS may
terminate this Agreement 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.
General.
This Agreement shall be governed by the laws of the State of
California 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 the County of Santa Clara,
California, and/or the United States District Court for the
Northern District of California. You hereby consent and
agree not to contest, such jurisdiction, venue and governing
law.
Section 3.1 notwithstanding, if you acquired this 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. If you
acquired this product in the European Union, this Agreement is
governed by the laws of The Netherlands, excluding its rules
governing conflicts of laws and excluding the United Nations
Convention on the International Sale of Goods. In such case each
of the parties to this Agreement irrevocably attorns to the
jurisdiction of the courts of The Netherlands and further agrees
to commence any litigation that may arise under this Agreement
in the courts of The Hague, The Netherlands.
Trimble reserves all rights not expressly granted by this
Agreement.
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