Product Manual

expectations, or that all nonconformities can or will be
corrected.
1.2 Software Fixes. During the limited warranty period
described in section 1.1 above, you will be entitled to receive
such Fixes to the Product Software that Trimble releases and
makes commercially available and for which it does not
charge separately, subject to the procedures for delivery to
purchasers of Trimble products generally. If you have
purchased the Product from an authorized Trimble dealer
rather than from Trimble directly, Trimble may, at its option,
forward the software Fix to the Trimble dealer for final
distribution to you. Minor Updates, Major Upgrades, 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 or other
enhancements shall not serve to extend the limited warranty
period.
For purposes of this warranty the following definitions shall
apply : (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) "Minor
Update" occurs when enhancements are made to current
features in a software program; and (3) "Major Upgrade"
occurs when significant new features are added to software,
or when 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.
1.3 Customer Remedies. Trimble’s and its suppliers’ entire
liability, and your sole remedy, with respect to the Software
shall be either, at Trimble’s option, (a) repair or replacement
of the Software, or (b) return of the license fee paid for any
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, or misapplication; (2)
alteration or modification of the Software without Trimble’s
authorization; (3) interaction with software or hardware not
supplied or supported by Trimble; (4) your improper,
inadequate or unauthorized installation, maintenance or
storage; or (5) if you violate the terms of this EULA. Any
replacement Software will be warranted for the remainder of
the original warranty period or thirty (30) days, whichever is
longer.
1.4 NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, TRIMBLE AND ITS
SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, 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.
1.5 PLEASE NOTE: THE FOREGOING TRIMBLE 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.
2 TRIMBLE LIMITATION OF LIABILITY
2.1 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 NOTWITHSTANDING ANY 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 GIVING RISE
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.
Spectra Precision Ranger 7 Data Collector User Guide | 7