User's Manual

operate error free or uninterrupted, will meet your needs or
expectations, or that all nonconformities can or will be
corrected.
2.2 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
Agreement. Any replacement Software will be warranted for
the remainder of the original warranty period or thirty (30)
days, whichever is longer.
2.3 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.
2.4 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
LIABILIY (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 AGREEMENT.
IN NO EVENT SHALL THE TOTAL CUMULATIVE
LIABILITY OF TRIMBLE AND ITS SUPPLIERS IN
CONNECTION WITH THIS AGREEMENT 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.
2.5 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.
2.6 Without prejudice to any other rights, Trimble or MS
may terminate this Agreement if you fail to comply with the
terms and conditions of this Agreement. In such event, you
must destroy all copies of the Software and all of its
component parts.
3 GENERAL.
3.1 This Agreement shall be 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
Agreement. Jurisdiction and venue of any dispute or court
action arising from or related to this Agreement or the
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 governing law.
3.2 Section 3.1 notwithstanding, if you acquired this
product in Canada, this Agreement is governed by the laws
of the Province of Ontario, Canada. In such case each of the
parties to this Agreement irrevocably attorns to the
jurisdiction of the courts of the Province of Ontario and
further agrees to commence any litigation that may arise
under this Agreement in the courts located in the Judicial
District of York, Province of Ontario. If you acquired this
product in the European Union, this Agreement is governed
by the laws of The Netherlands, excluding its rules
governing conflicts of laws and excluding the United
Nations Convention on the International Sale of Goods. In
such case each of the parties to this Agreement irrevocably
attorns to the jurisdiction of the courts of The Netherlands
and further agrees to commence any litigation that may
arise under this Agreement in the courts of The Hague, The
Netherlands.
3.3 Trimble reserves all rights not expressly granted by this
Agreement.
3.4 Official Language. The official language of this
Agreement and of any documents relating thereto is
English. For purposes of interpretation, or in the event of a
conflict between English and versions of this Agreement or
related documents in any other language, the English
language version shall be controlling.