User guide

End User License Agreement – Sept 2010 Page 3 of 6
4. Payment. You shall pay all fees associated with the Software licensed and any services purchased
hereunder as set forth in the applicable Order Form. All payments shall be made in U.S. dollars within thirty (30)
days of your receipt of the applicable invoice, unless otherwise specified in writing by the Trimble Supplier. Except
as expressly set forth herein, all fees are non-refundable once paid. You shall be responsible for all taxes,
withholdings, duties and levies arising from the order (excluding taxes based on the net income of the Trimble
Supplier). Any late payments shall be subject to a service charge equal to 1.5% per month of the amount due or
the maximum amount allowed by law, whichever is less.
5. Term of Agreement.
5.1. Term. This Agreement is effective as of the Effective Date and expires at such time as all license and service
subscriptions hereunder have expired in accordance with their own terms (the “Term”). Either party may
terminate this Agreement (including all related Order Forms) if the other party: (a) fails to cure any material breach
of this Agreement within thirty (30) days after written notice of such breach; (b) ceases operation without a
successor; or (c) seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement,
composition or comparable proceeding, or if any such proceeding is instituted against such party (and not
dismissed within sixty (60) days)). If you have entered into a separate written agreement with Trimble which
governs the Software and that agreement is terminated, then this Agreement automatically terminates and you
shall no longer have any right to use the Software. Termination is not an exclusive remedy and the exercise by
either party of any remedy under this Agreement will be without prejudice to any other remedies it may have
under this Agreement, by law, or otherwise. For clarity, even if you have entered into an Order Form with a
Trimble distributor or reseller, Trimble is a third party beneficiary to that Order Form and has the right to
terminate this Agreement as set forth in this Section
5 (Term of Agreement).
5.2. Termination. Upon any expiration or termination of this Agreement, you shall cease any and all use of any
Software and Evaluation Software and destroy all copies thereof and so certify to Trimble in writing.
5.3. Survival. Sections 2.4 (License Restrictions), 3 (Ownership), 4 (Payment), 5 (Term of Agreement), 6.3
(Disclaimer of Warranties), 9 (Limitation of Remedies and Damages), 10 (Confidential Information), 11 (Export
Compliance) and 12 (General) shall survive any termination or expiration of this Agreement.
6. Limited Warranty and Disclaimer.
6.1. Limited Warranty. Trimble warrants to you that for a period of ninety (90) days from the Effective Date (the
“Warranty Period”) the Software shall operate in substantial conformity with the Documentation. Trimble does
not warrant that your use of the Software will be uninterrupted or error-free or that any security mechanisms
implemented by the Software will not have inherent limitations. Trimble’s sole liability (and your exclusive remedy)
for any breach of this warranty shall be, in Trimble’s sole discretion, to use commercially reasonable efforts to
provide you with an error-correction or work-around which corrects the reported non-conformity, or if Trimble
determines such remedies to be impracticable within a reasonable period of time, to refund the license fee paid
for the Software. A Trimble Supplier other than Trimble may fulfill Trimble’s warranty obligations hereunder on
behalf of Trimble. Trimble Suppliers shall have no obligation with respect to a warranty claim unless notified of
such claim within the Warranty Period.
Because the Software is inherently complex and may not be completely free of nonconformities, defects or errors,
you are advised to verify your work. Trimble does not warrant that the Software will operate error free or
uninterrupted, that it will meet your needs or expectations, that all nonconformities can or will be corrected, or
the results obtained through use of the Software.
6.2. Exclusions. The above warranty shall not apply: (a) if the Software is used with hardware or software not
specified in the Documentation; (b) if any modifications are made to the Software by you or any third party; (c) to
defects in the Software due to accident, abuse or improper use by you; (d) to Software provided on a no charge or
evaluation basis; (e) to any Third Party Software; or (f) to any Software obtained as freeware, whether from
Trimble, a Trimble Supplier or otherwise.
6.3. Disclaimer of Warranties. THIS SECTION 6 IS A LIMITED WARRANTY AND, EXCEPT AS EXPRESSLY SET FORTH
IN THIS SECTION 6, THE SOFTWARE AND ALL SERVICES ARE PROVIDED “AS IS.” NEITHER TRIMBLE NOR ITS
SUPPLIERS MAKES ANY OTHER WARRANTIES, CONDITIONS OR UNDERTAKINGS, EXPRESS OR IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A