User guide

End User License Agreement – Sept 2010 Page 2 of 6
on which the Software and license keys are first made available to you). If your Order Form is with a Trimble
distributor or reseller, that distributor or reseller (and not Trimble) is solely responsible for delivery to you and
Trimble has no liability for any failure to deliver. If the Software requires license keys to operate as licensed to you,
the applicable Trimble Supplier will deliver such license keys to you.
2.3. Software Intended to be Installed on Computers. You may copy and install on your computers for use only
by your employees the number of copies of the Software for which you have paid the applicable license fee. You
may transfer the Software from one computer to another computer provided that the computer to which the
Software is transferred is located at the Site and the Software is completely removed and de-installed from the
prior computer. If you are permitted to install the Software on a network server, and you transfer the Software
from the site to a new location, you must provide Trimble with written notice of the new site prior to such
transfer. You may also make a reasonable number of copies of the Software for back-up and archival purposes.
This Section
2.3 does not apply to any software embedded on devices.
2.4. License Restrictions. You shall not (and shall not allow any third party to): (a) decompile, disassemble, or
otherwise reverse engineer the Software or attempt to reconstruct or discover any source code, underlying ideas,
algorithms, file formats or programming interfaces of the Software by any means whatsoever (except and only to
the extent that applicable law prohibits or restricts reverse engineering restrictions); (b) distribute, sell, sublicense,
rent, lease, or use the Software (or any portion thereof) for time sharing, hosting, service provider, or like
purposes; (c) remove any product identification, proprietary, copyright, or other notices contained in the Software;
(d) modify any part of the Software, create a derivative work of any part of the Software, or incorporate the
Software into or with other software, except to the extent expressly authorized in writing by Trimble; (e) attempt
to circumvent or disable the security key mechanism that protects the Software against unauthorized use (except
and only to the extent that applicable law prohibits or restricts such restrictions); or (f) publicly disseminate
performance information or analysis (including, without limitation, benchmarks) from any source relating to the
Software. If the Software has been provided to you as embedded in any hardware device, you are not licensed to
separate the Software from the hardware device. If the Software has been provided to you separately from a
hardware device but is intended to be loaded onto a hardware device specified by Trimble (such as a firmware
update), your license is limited to loading the Software on the device specified by Trimble in the Documentation,
and for no other use.
2.5. Evaluation Software. Subject to the terms and conditions of this Agreement and during the term of this
Agreement, Trimble may, in its discretion, provide you with pre-release, beta or other software on an evaluation
basis (“Evaluation Software”). You may use Evaluation Software solely for internal evaluation purposes for 30
days from receipt of the Evaluation Software (unless otherwise agreed by Trimble in writing) (the “Evaluation
Period”). Unless you pay the applicable license fee for the Software, the Evaluation Software may become
inoperable and, in any event, your right to use the Evaluation Software automatically expires at the end of the
Evaluation Period. Evaluation Software shall be subject to all restrictions on Software set forth in this Agreement.
You shall treat all Evaluation Software as Confidential Information of Trimble and shall return or destroy any copies
of Evaluation Software upon expiration of the applicable Evaluation Period. Any and all suggestions, reports, ideas
for improvement and other feedback of any type you provide regarding the Evaluation Software are the sole
property of Trimble, and Trimble may use such information in connection with any of its products or services
without any obligation or restriction based on intellectual property rights or otherwise. You acknowledge that all
Evaluation Software is provided “AS IS” and may not be functional on any machine or in any environment. THE
WARRANTIES OF SECTION 6 DO NOT APPLY TO EVALUATION SOFTWARE. TRIMBLE AND ITS SUPPLIERS DISCLAIM
ALL WARRANTIES RELATING TO THE EVALUATION SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
3. Ownership. Notwithstanding anything to the contrary contained herein, except for the limited license rights
expressly provided herein, Trimble and its suppliers have and will retain all rights, title and interest (including,
without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) in and to
the Software and all copies, modifications and derivative works thereof (including any changes which incorporate
any of your ideas, feedback or suggestions). You acknowledge that you are obtaining only a limited license right to
the Software and that irrespective of any use of the words “purchase”, “sale” or like terms hereunder no
ownership rights are being conveyed to you under this Agreement or otherwise.