completely free of nonconformities, defects or errors, you are advised to
verify your work. Trimble does notwarrantthat the Software will
operate errorfree or uninterrupted, will meet yourneeds or
expectations,orthat all nonconformities can orwill be corrected.
2.2 Software Fixes. During the limited warranty period described in
section 2.1 above, you will be entitled to receive such Fixes to the
Product Software that Trimble releases and makes commercially
available and forwhich it does not charge separately, subjectto the
procedures for delivery to purchasers of Trimble products generally. If
you have purchased the Product from an authorized Trimble dealer
ratherthan from Trimble directly, Trimble may, at its option, forward the
software Fix to the Trimble dealer forfinal distribution to you. Minor
Updates,MajorUpgrades,new products, or substantially new software
releases, as identified by Trimble, are expressly excluded from this
update process and limited warranty. Receipt of Software Fixes orother
enhancements shall notserve toextend the limited warranty period. For
purposes of this warranty the following definitions shallapply: (1) "Fix
(es)" means an error correction or other update created to fix a previous
software version that does not substantially conform to its Trimble
specifications; (2) "MinorUpdate" occurs when enhancements are
made to current features in a software program; and (3) "Major
Upgrade" occurs when significantnew features are added to software,
orwhen a new product containing new features replaces the further
development of a current product line. Trimble reserves the right to
determine, in its sole discretion,what constitutes a Fix, Minor Update,or
Major Upgrade.
2.3 Customer Remedies. Trimble’s and its suppliers’ entire liability, and
your sole remedy, with respect tothe Software shall be either, at
Trimble’s option, (a) repairorreplacement of the Software, or (b) return
of the license fee paidforany Software that does not meet Trimble’s
limited warranty. This limited warranty is void if failure of the Software
has resulted from (1) accident,misuse, abuse, ormisapplication; (2)
alteration or modification of the Software without Trimble’s
authorization; (3) interaction with software or hardware not supplied or
supported by Trimble; (4) yourimproper,inadequate or unauthorized
installation, maintenance or storage; or(5) if you violate the terms of
this EULA. Any replacement Software will be warranted forthe
remainderof the original warranty period or thirty (30) days, whichever
is longer.
2.4 NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, TRIMBLE AND ITS SUPPLIERS
DISCLAIM ALL OTHERWARRANTIES, TERMS AND CONDITIONS, EITHER
EXPRESS OR IMPLIED, BY STATUTE, COMMON LAW OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES, TERMS AND
CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NONINFRINGEMENT WITH REGARD TO THE
SOFTWARE, ITS SATISFACTORY QUALITY AND THE PROVISION OF OR
FAILURE TO PROVIDE SUPPORT SERVICES. TO THE EXTENT ALLOWED
BY APPLICABLE LAW, IMPLIED WARRANTIES, TERMS 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. NO WARRANTIES FOR THE MICROSOFT
SOFTWARE. THE MICROSOFT SOFTWARE is provided “AS IS” and with
all faults,AND TRIMBLE PROVIDES NO WARRANTY WITH RESPECT
THERETO. THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE,ACCURACY AND EFFORT (INCLUDING LACK OF
NEGLIGENCE) FOR THE MICROSOFT SOFTWARE IS WITH YOU. ALSO,
THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR
ENJOYMENT OF THE MICROSOFT SOFTWARE OR AGAINST
INFRINGEMENT.
2.5 PLEASE NOTE: THE FOREGOINGTRIMBLE LIMITED WARRANTY
PROVISIONS MAY NOT APPLY TO SOFTWARE PRODUCT LICENSES
PURCHASED IN THOSE JURISDICTIONS (SUCH AS COUNTRIES OF THE
EUROPEAN UNION) IN WHICH PRODUCT WARRANTIES ARE OBTAINED
FROM THE LOCAL DISTRIBUTOR. IN SUCH CASES, PLEASE CONTACT
YOUR TRIMBLE DEALER FOR APPLICABLE WARRANTY INFORMATION.
3 TRIMBLE LIMITATION OF LIABILITY.
3.1 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRIMBLE OR ITS
SUPPLIERS BE LIABLE FOR ANY SPECIAL,INCIDENTAL, INDIRECT,
CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND
REGARDLESS OF THE THEORY OF LIABILITY (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 AND NOTWITHSTANDINGANY
FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY
PROVIDED IN THIS EULA. IN NO EVENT SHALL THE TOTAL
CUMULATIVE LIABILITY OF TRIMBLE AND ITS SUPPLIERS IN
CONNECTION WITH THIS EULA OR THE SOFTWARE,WHETHER BASED
ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY OR OTHERWISE, EXCEED THE ACTUAL AMOUNT PAID TO
TRIMBLE FOR THE SOFTWARE LICENSE GIVINGRISE TO THE CLAIM.
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.
4 GENERAL.
4.1 This EULA shallbe 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 forthe International Sale of Goods will not apply to this EULA.
Jurisdiction and venue of any dispute or court actionarising from or
related to this EULA or the Software shall lie exclusively in orbe
transferred tothe courts the County of Santa Clara, California, and/or the
United States DistrictCourt forthe Northern Districtof California. You
hereby consentand agree not to contest, such jurisdiction,venue and
governing law.
4.2 Section4.1 notwithstanding, if you acquired this product in Canada,
this EULA is governed by the laws of the Province of Ontario, Canada. In
such case each of the parties to this EULA irrevocably attorns to the
jurisdiction of the courts of the Province of Ontario and furtheragrees to
commence any litigation that may arise under this EULA in the courts
located in the Judicial Districtof York, Province of Ontario. If you
acquired this product in the European Union, this EULA is governed by
the laws of The Netherlands,excluding its rules governing conflicts of
laws andexcluding the United Nations Convention on the International
Sale of Goods. In such case each of the parties to this EULA irrevocably
attorns to the jurisdiction of the courts of The Netherlands andfurther
agrees tocommence any litigation that may arise under this EULA in the
courts of The Hague,The Netherlands.
4.3 Trimble reserves all rights not expressly granted by this EULA.
4.4 Official Language. The official language of this EULA and of any
documents relating thereto is English. Forpurposes of interpretation, or
in the eventof a conflict between English and versions of this EULA or
related documents in any otherlanguage, the English language version
shall be controlling.
Registration
To receive information regarding updates and new products,please
contact your local dealer or visitthe Trimble website at
www.trimble.com/register. Upon registration you may select the
newsletter, upgrade, ornew productinformation you desire.
Notices
FCC Regulations
This device complies with part15 of the FCC Rules. Operation is subject
to the following two conditions: (1) This device may not cause harmful
interference, and (2) this device must accept any interference received,
including interference that may cause undesired operation.
This device has been tested and found to comply with the limits for a
Class B digital device, pursuant to Part 15 of the FCC Rules. These limits
are designed to provide reasonable protection against harmful
interference in a residential installation. This equipment generates,uses
and can radiate radio frequency energy and,if not installed andused in
accordance with the instructions, may cause harmfulinterference to
radio communications. However, there is no guarantee that interference
will notoccurin a particular installation if this equipment does cause
harmful interference to radio ortelevision reception,which can be
determined by turning the equipment off and on. The user is
encouraged to try to correctthe interference by one or more of the
following measures:
- Reorientorrelocate the receiving antenna.
- Increase the separation between the equipment andreceiver.
- Connect the equipmentinto an outlet on a circuit different from that to
whichthe receiver is connected.
- Consult the dealer oran experienced radio/TV technicianfor help.
Changes and modifications not expressly approved by the manufacturer
orregistrant of this equipmentcan void yourauthority to operate this
equipment under Federal Communications Commission rules.
The radios in this device have been designed and manufactured to not
exceed stipulated emission limits for exposure to radio frequency (RF)
energy as required by the Federal Communications Commission of the
Trimble Juno 5 Series User Guide 5
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