Official Language
THE OFFICIAL LANGUAGE OF THESE TERMS AND CONDITIONS IS
ENGLISH. IN THE EVENT OF A CONFLICT BETWEEN ENGLISH AND
OTHER LANGUAGE VERSIONS, THE ENGLISH LANGUAGE SHALL
CONTROL
End User License Agreement for Product Software
IMPORTANT,READ CAREFULLY. THIS END USER LICENSE AGREEMENT
(“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU AND Trimble
Navigation Limited (“Trimble”) and applies to the computersoftware
provided with the Trimble product purchased by you (whether built into
hardware circuitry as firmware, embedded in flash memory or a PCMCIA
card,orstored on magnetic orothermedia), orprovided as a stand-
alone computer software product, and includes any accompanying
written materials such as a user's guide orproduct manual,as well as
any "online" or electronic documentation ("Software" or“Product
Software”). This EULA will also apply to any Software errorcorrections,
updates and upgrades subsequently furnished by Trimble,unless such
are accompanied by different license terms andconditions, which will
govern their use. Youhave acquired a Trimble Product ("Device") that
includes Software, some of whichwas licensed by Trimble from
MicrosoftCorporation or its affiliates (collectively "Microsoft"). The
Software licensed from Microsoft, as well as associated updates,
supplements,internet-based services andsupport services,media,
printed materials, and "online" or electronic documentation ("Microsoft
Software"), are protected under this EULA. The Software is also
protected by copyright laws and international copyright treaties, as well
as otherintellectual property laws and treaties. The Software is licensed,
not sold.
BY USINGTHE SOFTWARE,INCLUDING USE ON THIS DEVICE, YOU
ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE
THE DEVICE OR SOFTWARE. INSTEAD CONTACT TRIMBLE FOR A
REFUND OR CREDIT. As described below, using some features also
operates as your consenttothe transmissionof certain standard
computerinformation forInternet-based services.
WARNING: If the Software contains voice operated technologies,then
operating this Software requires userattention. Diverting attention
away from the road while driving can possibly cause an accident orother
serious consequence. Even occasional, short diversions of attention can
be dangerous if your attention is diverted away from yourdriving task at
a critical time. Trimble and Microsoft make no representations,
warranties orother determinations that ANY use of this Software is legal,
safe, orin any manner recommended or intended while driving or
otherwise operating a motor vehicle. This EULA does not grantyou any
rights with respect to the Windows Mobile Device Center,Microsoft
ActiveSync or Microsoft Outlook 2007 Trial which are subject to the
licenses accompanying those items.
1 SOFTWARE PRODUCT LICENSE
1.1 License Grant. Subject to the terms and conditions of this EULA,
Trimble grants you a non-exclusive right to use one copy of the Software
in a machine-readable form only as installed on the Device. Such use is
limited touse with the Device forwhich it was intended,as set forth in
the productdocumentation. The Device Software is licensed with the
Device as a single integrated product. The Device Software installed in
read only memory (“ROM”) of the Device may only be used as part of
the Device into which it was embedded. You may use the installation
Software from a computersolely to download the Software to one
Device. In no event shall the installation Software be used to download
the Software onto more than one Device. A license for the Software
may not be shared orused concurrently on different computers or
Devices.
1.2 Scope of License. This EULA only gives you some rights to use the
Software. Trimble andMicrosoftreserve all otherrights. Unless
applicable law gives you more rights despite this limitation, you may use
the Software only as expressly permitted in this EULA. In doing so, you
must comply with any technical limitations in the Software that allow
you to use it only in certain ways. Except as expressly provided in this
EULA, rights toaccess the Software on this Device do notgive you any
right to implement Microsoft patents or otherMicrosoftintellectual
property in software ordevices that access this device. You may use
remote access technologies in the software such as Remote Desktop
Mobile to access the Software remotely from a computerorserver. You
are responsible forobtaining any licenses required foruse of the
protocols to access other software.
1.3 Proof of License. If you acquired the Software on the Device, or on
a disc orothermedia, a genuine Certificate of Authenticity label with a
genuine copy of the Software identifies licensed software. To be valid,
this label must be affixed to the Device, or included on orin the software
packaging. If you receive the label separately, it is notvalid. You should
keep the labelon the device orpackaging to prove that you are licensed
to use the Software. To identify genuine Microsoft Software, see
http://www.howtotell.com.
1.4 Connectivity Software. Your Device package may include
Windows Mobile Device Centeror MicrosoftActiveSync software. If itis
included, then you may install anduse it inaccordance with the license
terms that are provided with it. If nolicense terms are provided,then
you may install and use only one (1) copy of the Software on a single
computer.
1.5 DigitalCertificates. The Software uses digital certificates in X.509
format. These digital certificates are used forauthentication.
1.6 Phone Functionality. If the Device Software includes phone
functionality, all orcertain portions of the Device Software may be
inoperable if you do nothave and maintain a service account with a
wireless telecommunication carrier (“Mobile Operator”),orif the Mobile
Operator’s network is not operating or configured to operate with the
Device.
1.7 Upgrade Software. In the event that any upgrades to the
Software, including Microsoft Software, are provided under this EULA,
then the following shall apply: you may follow the applicable instructions
accompanying this Software and install one (1) copy of the Software on
one (1) Device presently containing a licensed copy of a predecessor
version of the Software (unless this EULA indicates that this Software
copy has been licensed forinstallation on multiple Devices). NO
REPRESENTATION OR WARRANTY IS MADE BY TRIMBLE OR
MICROSOFT WITH RESPECT TO THE COMPATIBILITY OF THIS
SOFTWARE WITH ANY DEVICE OR ANY OTHER EXISTING SOFTWARE
OR DATA OF ANY KIND CONTAINED ON SUCH DEVICES, AND NEITHER
TRIMBLE OR MICROSOFT SHALL BE RESPONSIBLE IN ANY REGARD
WITH RESPECT TO ANY LOSS, CORRUPTION, MODIFICATION OR
INACCESSIBILITY OF ANY DATA, APPLICATIONS OR OTHER SOFTWARE
RESULTING FROM THE INSTALLATION OF THE SOFTWARE ON ANY
DEVICE.
1.8 Internet-Based Services Components. Microsoft provides
Internet based services with the software. Microsoft may change or
cancel them at any time. The Microsoft Software features described
below connectto Microsoft orservice providercomputersystems over
the Internet. In some cases, you will notreceive a separate notice when
they connect. You may switch off some of these features or not use
them. For more information aboutthese features,visit
http://go.microsoft.com/fwlink/?LinkId=81931. By using these
features,you consent to the transmission of this information. Microsoft
does not use the information to identify orcontactyou. You may notuse
these services in any way that could harm them or impair anyone else’s
use of them. You may not use the services to try to gain unauthorized
access to any service,data, account ornetwork by any means.
1.9 Device Information. The following features use Internet protocols,
whichsend tothe appropriate systems device information, such as your
Internet protocol address, the type of operating system, browser and
name and version of the Software you are using, and the language code
of the Device where you installed the Software. Microsoftuses this
information to make the Internet-based services available to you. a)
Update Features: Windows Mobile Update feature provides you the
ability to obtain and install Software updates on your Device if updates
are available. You may choose notto use this feature. Trimble and/or
your Mobile Operator may not support this feature or an update for your
device. b) Security Updates/Digital Rights Management. Content
owners use Windows Media digital rights management technology
(WMDRM) to protecttheirintellectual property, including copyrights.
This software and third party software use WMDRM to play and copy
WMDRM-protected content. If the software fails to protectthe content,
content owners may ask Microsoft to revoke the software's ability to
use WMDRM to play or copy protected content. Revocation does not
affect other content. When you download licenses forprotected content,
you agree that Microsoft may include a revocation list with the licenses.
Contentowners may require you to upgrade WMDRM to access their
content. Microsoft software that includes WMDRM will ask foryour
consentpriorto the upgrade. If you decline an upgrade, you will not be
able to access content that requires the upgrade.
1.10 Additional Software/Services. The Device Software may permit
Trimble, Microsoft, their affiliates and/or theirdesignated agentto
provide ormake available to you Software updates, supplements,add-
on components, orInternet-based services components of the Software
afterthe date you obtain yourinitial copy of the Software
(“Supplemental Components”).
Trimble Juno 5 Series User Guide 3
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