User's Guide

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) yourimproper, 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, WHETHERBASED 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. 3 GENERAL
3.1 This EULAshallbe 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 for the International Sale of Goods will
not apply to this EULA. Jurisdiction and venue of any dispute or court action arising from or related to this EULAorthe Software
shall lie exclusively in or be transferred to the courts the County of Santa Clara, California, and/or the United States District
Court for the Northern District of California. You hereby consent and agree not to contest, such jurisdiction, venue and