1.10.1 If Trimble provides ormakes available to you Supplemental
Components and no other end user license agreement terms are
provided along withthe Supplemental Components, then the terms of
this EULA shall apply.
1.10.2 If Microsoft,its affiliates and/or its designated agent makes
available Supplemental Components, and no otherend user license
agreement terms are provided,then the terms of this EULA shall apply,
except that the Microsoftentity oraffiliate entity providing the
Supplemental Component(s) shall be the licensor of the Supplemental
Component(s).
1.10.3 Trimble, Microsoft andeachof theiraffiliates and/ortheir
designated agents reserve the right todiscontinue any Internetbased
services provided to you ormade available to you through the use of the
Device Software.
1.11 Links to Third Party Sites. If the Software provides links to third
party websites, those links are provided to you only as a convenience,
and the inclusionof any link does not imply an endorsement of the third
party website by Microsoft orTrimble.
1.12 Other Rights and Limitations. (1) The Software contains
valuable trade secrets proprietary to Trimble and its suppliers. To the
extentpermitted by relevant law,you shall not, norallow any third party
to copy, decompile, disassemble orotherwise reverse engineer the
Software, or attempt to do so,provided, however,that to the extent any
applicable mandatory laws (such as, forexample, 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 forpurposes 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 forwhich you need the information. Only if and
afterTrimble, at its sole discretion,partly orcompletely 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
foruse on more than one computernor make more copies of the
software than specified in this EULA. (3) You may not rent,lease, or lend
the Software. (4) No service bureau work, multiple-user license or
timesharing arrangement is permitted. For purposes of this EULA
“service bureau work” shall be deemed to include, without limitation,
use of the Software to process ortogenerate output data for the benefit
of,or forpurposes of rendering services to any third party over the
Internet or other communications network. (5) You may make one
backup copy of the Software. You may use it only to reinstall the
Software on the Device. (6) You may transferthe Software only with the
Device, the Certificate of Authenticity label, and these license terms
directly to a third party. Before the transfer, that party must agree that
these license terms apply to the transferand use of the Software. You
may not retain any copies of the Software including the backup copy. (7)
The Software is subjecttoUnited States export laws and regulations.
You must comply with all domestic and international export laws and
regulations that apply to the Software. These laws include restrictions on
destinations, end users, and end use. Foradditional information see
http://www.microsoft.com/exporting. (8) Without prejudice as to any
otherrights, Trimble may terminate this EULA without notice if you failto
comply with the terms and conditions of this EULA. In such event, you
must destroy all copies of the Software and all of its component parts.
(9) If the Microsoft Software includes speech recognition component(s),
you should understand that speech recognition is an inherently statistical
process and that recognition errors are inherent inthe process. Neither
Trimble, Microsoft, norany of theirsuppliers shall be liable for any
damages arising out of errors in the speechrecognition process. (10) You
may not publish the Software forothers to copy. (11) You may not use
the Software forcommercial software hosting services.
1.13 Notice Regarding the MPEG-4 Visual Standard. The Software
may include MPEG-4 visual decoding technology. This technology is a
format for data compression of videoinformation. MPEG LA, L.L.C.
requires this notice: USE OF THIS PRODUCT IN ANY MANNERTHAT
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) OTHERUSES SPECIFICALLY AND
SEPARATELY LICENSED BY MPEG LA, L.L.C. If you have questions about
the MPEG-4 visual standard, please contact MPEG LA, L.L.C., 250 Steele
Street, Suite 300, Denver, CO 80206; www.mpegla.com.
1.14 If the Device Software is provided by Trimbleseparate from
the Device on media such as a ROM chip,CD ROM disk(s) orvia web
download or other means,and is labeled “ForUpgrade 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 EULA, including any additional end userlicense
agreement terms accompanying the upgrade Device Software.
1.15 If any software component(s) is provided by Trimbleseparate
from the Device on CD ROM disc(s) orvia web download orother
means, and labeled “ForUpgrade Purposes Only,” you may (i) install
and use one (1) copy of such component(s) onthe computer(s) you use
to exchange data with the Device as a replacement copy forthe existing
Companion CD component(s).
1.16 Copyright. Alltitle and copyrights in andto 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, orMicrosoft(including Microsoft Corporation), and
theirrespective suppliers. You may notcopy the printed materials
accompanying the Software. All title and intellectual property rights in
and tothe contentwhichmay be accessed through use of the Software
is the property of the respective content owner and may be protected by
applicable copyrightorotherintellectual property laws and treaties. This
EULA grants you no rights to use such content. You shall notremove,
cover oralter any of Trimble’s patent, copyright ortrademark notices
placed upon, embedded in ordisplayed by the Software oron its
packaging and related materials. All rights not specifically granted in this
EULA are reserved by Trimble, Microsoft, and theirrespective suppliers.
1.17 U.S. Government Restricted Rights. The Software is provided
with “RESTRICTED RIGHTS”. Use, duplication,ordisclosure by the United
States Governmentis subject to restrictions as set forth in this EULA,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,orFAR 52.227-14(ALT III), as applicable.
1.18 Microsoft has contractually obligated Trimbleto include the
following terms in this EULA:
Product Support. The Product support for the Software is not
provided by Microsoft or its affiliates orsubsidiaries. Forproduct
support, please refer to the Trimble support number provided in the
documentation forthe Device.
Not fault tolerant. The Software is not fault tolerant. Trimble installed
the Software on the Device and is responsible forhow it operates on the
Device.
Restricted user. The Microsoft Software was designed forsystems that
do not require fail-safe performance. Youmay not use the Microsoft
Software in any device or system in which a malfunction of the
MicrosoftSoftware would resultin foreseeable risk of injury or death to
any person. This includes operation of nuclear facilities, aircraft
navigation or communication systems and airtraffic control.
No warranties for the software. Microsoft gives no express
warranties, guarantees orconditions regarding the Microsoft Software.
Any warranties you receive regarding the Device orthe Software do not
originate from, andare not binding on,Microsoftorits affiliates. When
allowed by yourlocal laws, Trimble and Microsoft exclude implied
warranties of merchantability,fitness for a particular purpose and non-
infringement.
LIABILITY LIMITATIONS. You can recover from Microsoft and its
affiliates only direct damages up to fifty U.S. Dollars (U.S. $50.00),or
equivalent in local currency. You cannot recover any other damages,
including consequential,lost profits, special,indirect orincidental
damages. This limitation applies to:
– Anything related to the Software,services,content (including code) on
third party internetsites, orthird party programs, and
– claims forbreach of contract, breach of warranty, guarantee or
condition,strict liability, negligence, or other tort to the extentpermitted
by applicable law.
It also applies even if Microsoft should have been aware of the
possibility of the damages. The above limitation may notapply to you
because your country may not allow the exclusion orlimitation of
incidental,consequential or other damages.
2 LIMITED WARRANTY FOR TRIMBLE PRODUCT SOFTWARE.
2.1 Limited Warranty. Trimble warrants that the Software, exclusive of
the Microsoft Software,will perform substantially in accordance with the
accompanying written materials fora period of twelve (12) months from
the date of purchase. This limited warranty gives you specific legal
rights; you may have others,whichvary from state/jurisdiction to
state/jurisdiction. The above limited warranty does not apply to Fixes,
MinorUpdates, orMajor Upgrades of the Software after expiration of
the twelve (12) month limited warranty period, all of 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
Trimble Juno 5 Series User Guide 4
To Next Page
Loading...
Need help?
General
