User's Manual

copy of a predecessor version of the Software (unless this
Agreement indicates that this Software copy has been
licensed for installation on multiple Devices). NO
REPRESENTATION OR WARRANTY IS MADE BY MS
WITH RESPECT TO THE COMPATIBILITY OF THIS
SOFTWARE WITH ANY DEVICE OR ANY OTHER
EXISTING SOFTWARE OR DATA OF ANY KIND
CONTAINED ON SUCH DEVICES, AND MS SHALL NOT BE
RESPONSIBLE IN ANY REGARD WITH RESPECT TO ANY
LOSS, CORRUPTION, MODIFICATION OR
INACCESSIBILITY OF ANY DATA, APPLICATIONS OR
OTHER SOFTWARE RESULTING FROM THE
INSTALLATION OF THE SOFTWARE ON ANY DEVICE.
1.6 Security Updates/Digital Rights Management. Content
providers are using the digital rights management
technology contained in this MS Software (“DRM”) to
protect the integrity of their content (“Secure Content”) so
that their intellectual property, including copyright, in such
content is not misappropriated. Portions of this Software
and third party applications such as media players use DRM
to play Secure Content (“DRM Software”). If the DRM
Software's security has been compromised, owners of
Secure Content (“Secure Content Owners”) may request
that MS revoke the DRM Software's right to copy, display
and/or play Secure Content. Revocation does not alter the
DRM Software's ability to play unprotected content. A list of
revoked DRM Software is sent to your computer whenever
you download a license for Secure Content from the
Internet. You therefore agree that MS may, in conjunction
with such license, also download revocation lists onto your
computer on behalf of Secure Content Owners. MS will not
retrieve any personally identifiable information, or any
other information, from your computer by downloading
such revocation lists. Secure Content Owners may also
require you to upgrade some of the DRM components in
this Software (“DRM Upgrades”) before accessing their
content. When you attempt to play such content, MS DRM
SOFTWARE will notify you that a DRM Upgrade is required
and then ask for your content before the DRM Upgrade is
downloaded. Third party DRM Software may do the same. If
you decline the upgrade, you will not be able to access
content that requires the DRM Upgrade; however, you will
still be able to access unprotected content and Secure
Content that does not require the upgrade.
1.7 Consent to Use of Data. You agree that MS, Microsoft
Corporation, their affiliates and/or their designated agent
may collect and use technical information gathered in any
manner as part of product support services related to the
Device Software. MS, Microsoft Corporation, their affiliates
and/or their designated agent may use this information
solely to improve their products or to provide customized
services or technologies to you. MS, Microsoft Corporation,
their affiliates and/or their designated agent may disclose
this information to others, but not in a form that personally
identifies you.
1.8 Internet Gaming/Update Features. If the Device
Software provides, and you choose to utilize, the Internet
gaming or update features within the Device Software, it is
necessary to use certain computer system, hardware, and
software information to implement the features. By using
these features, you explicitly authorize MS, Microsoft
Corporation and/or their designated agent to use this
information solely to improve their products or to provide
customized services or technologies to you. MS or Microsoft
Corporation may disclose this information to others, but
not in a form that personally identifies you.
1.9 Internet-Based Services Components. The Device
Software may contain components that enable and
facilitate the use of certain Internet-based services. You
acknowledge and agree that MS, Microsoft Corporation,
their affiliates and/or their designated agent may
automatically check the version of the Device Software
and/or its components that you are utilizing and may
provide upgrades or supplements to the Device Software
that may be automatically downloaded to your Device.
1.10 Additional Software/Services. The Device Software
may permit Trimble, MS, Microsoft Corporation, their
affiliates and/or their designated agent to provide or make
available to you Software updates, supplements, add-on
components, or Internet-based services components of the
Software after the date you obtain your initial copy of the
Software (“Supplemental Components”).
1.10.1 If Trimble provides or makes available to you
Supplemental Components and no other end user
license agreement terms are provided along with the
Supplemental Components, then the terms of this
Agreement shall apply.
1.10.2 If MS, Microsoft Corporation, their affiliates
and/or their designated agent make available
Supplemental Components, and no other end user
license agreement terms are provided, then the terms of
this Agreement shall apply, except that the MS,
Microsoft Corporation or affiliate entity providing the
Supplemental Component(s) shall be the licensor of the
Supplemental Component(s)
1.10.3 Trimble, MS, Microsoft Corporation, their
affiliates and/or their designated agent reserve the right
to discontinue any Internet-based services provided to
you or made available to you through the use of the
Device Software.
1.11 Links to Third Party Sites. The Device Software may
provide you with the ability to link to third party sites
through the use of the Device Software. The third party sites
are not under the control of MS, Microsoft Corporation,
their affiliates and/or their designated agent. Neither MS
nor Microsoft Corporation nor their affiliates nor their
designated agents are responsible for (i) the contents of any
third party sites, any links contained in third party sites, or
any changes or updates to third party sites, or (ii)
webcasting or any other form of transmission received from
any third party sites. If the Device Software provides links to
third party sites, those links are provided to you only as a
convenience, and the inclusion of any link does not imply an
endorsement of the third party site by MS, Microsoft
Corporation, their affiliates and/or their designated agent.
1.12 Other Rights and Limitations. (1) The Software
contains valuable trade secrets proprietary to Trimble and
its suppliers. To the extent permitted by relevant law, you
shall not, nor allow any third party to copy, decompile,
disassemble or otherwise reverse engineer the Software, or
attempt to do so, provided, however, that to the extent any
applicable mandatory laws (such as, for example, national
laws implementing EC Directive 91/250 on the Legal
Protection of Computer Programs) give you the right to
perform any of the aforementioned activities without
Trimble's consent in order to gain certain information about
the Software for purposes specified in the respective
statutes (i.e., interoperability), you hereby agree that, before
exercising any such rights, you shall first request such
information from Trimble in writing detailing the purpose
for which you need the information. Only if and after
Trimble, at its sole discretion, partly or completely denies
your request, may you exercise such statutory rights. (2)
This Software is licensed as a single product. You may not
separate its component parts for use on more than one
computer. (3) You may not rent, lease, or lend the Software.
(4) No service bureau work, multiple-user license or time-
sharing arrangement is permitted. For purposes of this
Agreement "service bureau work" shall be deemed to