rights are granted in this License in order to meet the terms of this
License.
Warranty Remedies
Trimble's sole liability and your exclusive remedy under the warranties
set forth above shall be, at Trimble's option, to repair or replace any
Product that fails to conform to such warranty ('Nonconforming
Product"), and/or issue a cash refund up to the purchase price paid by
you for any such Nonconforming Product, excluding costs of installation,
upon your return of the Nonconforming Product to Trimble in accordance
with Trimble's product return procedures than in effect. Such remedy
may include reimbursement of the cost of repairs for damage to third-
party equipment onto which the Product is installed, if such damage is
found to be directly caused by the Product as reasonably determined by
Trimble following a root cause analysis.
Warranty Exclusions and Disclaimer
These warranties shall be applied only in the event and to the extent
that (a) the Products and Software are properly and correctly installed,
configured, interfaced, maintained, stored, and operated in accordance
with Trimble's relevant operator's manual and specifications, and; (b)
the Products and Software are not modified or misused. The preceding
warranties shall not apply to, and Trimble shall not be responsible for
defects or performance problems resulting from (i) the combination or
utilization of the Product or Software with hardware or software
products, information, data, systems, interfaces or devices not made,
supplied or specified by Trimble; (ii) the operation of the Product or
Software under any specification other than, or in addition to, Trimble's
standard specifications for its products; (iii) the unauthorized, installation,
modification, or use of the Product or Software; (iv) damage caused by
accident, lightning or other electrical discharge, fresh or salt water
immersion or spray (outside of Product specifications); or (v) normal
wear and tear on consumable parts (e.g., batteries). Trimble does not
warrant or guarantee the results obtained through the use of the Product
or that software components will operate error free.
THE WARRANTIES ABOVE STATE TRIMBLE'S ENTIRE LIABILITY, AND
YOUR EXCLUSIVE REMEDIES, RELATING TO THE PRODUCTS AND
SOFTWARE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN,
THE PRODUCTS, SOFTWARE, AND ACCOMPANYING DOCUMENTATION
AND MATERIALS ARE PROVIDED "AS IS" AND WITHOUT EXPRESS OR
IMPLIED WARRANTY OF ANY KIND BY EITHER TRIMBLE NAVIGATION
LIMITED OR ANYONE WHO HAS BEEN INVOLVED IN ITS CREATION,
PRODUCTION, INSTALLATION, OR DISTRIBUTION INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NONINFRINGEMENT. THE STATED EXPRESS WARRANTIES ARE IN LIEU
OF ALL OBLIGATIONS OR LIABILITIES ON THE PART OF TRIMBLE
ARISING OUT OF, OR IN CONNECTION WITH, ANY PRODUCTS OR
SOFTWARE. BECAUSE SOME STATES AND JURISDICTIONS DO NOT
ALLOW LIMITATIONS ON DURATION OR THE EXCLUSION OF AN
IMPLIED WARRANTY, THE ABOVE LIMITATION MAY NOT APPLY OR
FULLY APPLY TO YOU.
NOTICE REGARDING PRODUCTS EQUIPPED WITH TECHNOLOGY
CAPABLE OF TRACKING SATELLITE SIGNALS FROM SATELLITE BASED
AUGMENTATION SYSTEMS (SBAS) (WAAS/EGNOS, AND MSAS),
OMNISTAR, GPS, MODERNIZED GPS OR GLONASS SATELLITES, OR
FROM IALA BEACON SOURCES: TRIMBLE IS NOT RESPONSIBLE
FOR THE OPERATION OR FAILURE OF OPERATION OF ANY
SATELLITE BASED POSITIONING SYSTEM OR THE AVAILABILITY
OF ANY SATELLITE BASED POSITIONING SIGNALS.
Limitation or Liability
TRIMBLE'S ENTIRE LIABILITY UNDER ANY PROVISION HEREIN SHALL BE
LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCT OR
SOFTWARE LICENSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL TRIMBLE OR ITS SUPPLIERS BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES WHATSOEVER UNDER ANY CIRCUMSTANCE OR LEGAL
THEORY RELATING IN ANY WAY TO THE PRODUCTS, SOFTWARE AND
ACCOMPANYING DOCUMENTATION AND MATERIALS, (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY
OTHER PECUNIARY LOSS), REGARDLESS WHETHER TRIMBLE HAS BEEN
ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS AND REGARDLESS
OF THE COURSE OF DEALING WHICH DEVELOPS OR HAS DEVELOPED
BETWEEN YOU AND TRIMBLE. 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 OR FULLY APPLY TO YOU.
PLEASE NOTE: THE ABOVE TRIMBLE LIMITED WARRANTY
PROVISIONS WILL NOT APPLY TO PRODUCTS PURCHASED IN
THOSE JURISDICTIONS (E.G., MEMBER STATES OF THE
EUROPEAN ECONOMIC AREA) IN WHICH PRODUCT
WARRANTIES ARE THE RESPONSIBILITY OF THE LOCAL DEALER
FROM WHOM THE PRODUCTS ARE ACQUIRED. IN SUCH A
CASE, PLEASE CONTACT YOUR TRIMBLE DEALER FOR
APPLICABLE WARRANTY INFORMATION.
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.
Registration
To receive information regarding updates and new products, please
contact your local dealer or visit the Trimble website at
www.trimble.com/register. Upon registration you may select the
newsletter, upgrade or new product information you desire.
Notices
This equipment has been tested and found to comply with the limits for
a Class A digital device, pursuant to Part 15 of the FCC rules. These limits
are designed to provide reasonable protection against harmful
interference when the equipment is operated in a commercial
environment. This equipment generates, uses, and can radiate radio
frequency energy and, if not installed and used in accordance with the
instruction manual, may cause harmful interference to radio
communications. Operation of this equipment in a residential area is
likely to cause harmful interference, in which case the user will be
required to correct the interference at his own expense.
Properly shielded and grounded cables and connectors must be used in
order to meet FCC emission limits. TRIMBLE is not responsible for any
radio or television interference caused by using other than
recommended cables and connectors or by unauthorized changes or
modifications to this equipment. Unauthorized changes or modifications
could void the user's authority to operate the equipment.
This device complies with Part 15 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. Responsible
Party:
Trimble Navigation
935 Stewart Drive
Sunnyvale CA 94085
Telephone: 1-408 481 8000
Canada
This Class A digital apparatus complies with Canadian ICES-003.
Cet appareil numérique de la classe A est conforme à la norme NMB-003
du Canada.
This apparatus complies with Canadian RSS-GEN.
Cet appareil est conforme à la norme CNR-GEN du Canada.
Europe
This product has been tested and found to comply
with the requirements for a Class A device pursuant
to European Council Directive 2006/42/EC and
1999/5/EC, thereby satisfying the requirements for
CE Marking and sale within the European Economic
Area (EEA). Contains a radio module. These requirements are designed
to provide reasonable protection against harmful interference when the
equipment is operated in a residential or commercial environment.
Australia and New Zealand
This product conforms with the regulatory requirements of
the Australian Communications and Media Authority
(ACMA) EMC framework, thus satisfying the
requirements for C-Tick Marking and sale within Australia
and New Zealand.
8 TMX-2050 Display User Guide Version 1.075, Revision C
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