User's Manual

include, without limitation, use of the Software to process or
to generate output data for the benefit of, or for purposes of
rendering services to any third party over the Internet or
other communications network. (5) You may permanently
transfer all of your rights under this Agreement only as part
of a permanent sale or transfer of the Device, provided you
retain no copies, you transfer all of the Software (including
all component parts, the media and printed materials, any
upgrades, this Agreement, and, if applicable, the
Certificate(s) of Authority) and the recipient agrees to the
terms of this Agreement. If the Software portion is an
upgrade, any transfer must include all prior versions of the
Software. If the Device Software includes phone
functionality, you may not permanently transfer any of your
rights under this Agreement with regard to the Device
Software or Companion CD, except as permitted by the
applicable Mobile Operator and in accordance with the
preceding terms governing transferability. (6) You
acknowledge that the Software and underlying technology
are subject to U.S. and EU Export jurisdiction. You agree to
comply with all applicable international and national laws
that apply to the Software and underlying technology,
including U.S. Export Administration Regulations, as well as
end-user, end-use and destination restrictions issued by U.S.
and other governments. For additional information see
http://www.microsoft.com/exporting. (7) Without
prejudice as to any other rights, Trimble may terminate this
Agreement without notice 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. (8) If the MS Software includes speech
and/or handwriting recognition component(s), you should
understand that speech and handwriting recognition are
inherently statistical processes and that errors can occur in
the component's recognition of your handwriting, and the
final conversion into text. Neither Trimble nor any of its
suppliers shall be liable for any damages arising out of errors
in the speech and handwriting recognition process. (9) The
package for the Device may contain multiple versions of this
Agreement, such as multiple translations and/or multiple
media versions (e.g., in the user documentation and in the
software). Even if you receive multiple versions of this
Agreement, you are licensed to use only one (1) copy of the
Device Software.
1.13 Notice Regarding the MPEG-4 Visual Standard. The MS
Software may include MPEG-4 visual decoding technology.
MPEG LA, L.L.C. requires the following notice: USE OF THIS
SOFTWARE IN ANY MANNER THAT COMPLIES WITH
THE MPEG-4 VISUAL STANDARD IS PROHIBITED,
EXCEPT FOR USE DIRECTLY RELATED TO (A) DATA OR
INFORMATION (i) GENERATED BY AND OBTAINED
WITHOUT CHARGE FROM A CONSUMER NOT THEREBY
ENGAGED IN A BUSINESS ENTERPRISE, AND (ii) FOR
PERSONAL USE ONLY; AND (B) OTHER USES
SPECIFICALLY AND SEPARATELY LICENSED BY MPEG
LA, L.L.C. If you have any questions regarding this notice,
please contact MPEG LA, L.L.C., 250 Steele Street, Suite 300,
Denver, Colorado 80206; Telephone [phone]; fax 303-
331-1879.
1.14 If the Device Software is provided by Trimble separate
from the Device on media such as a ROM chip, CD ROM
disk(s) or via web download or other means, and is labeled
“For Upgrade Purposes Only” you may install one (1) copy of
such Device Software onto the Device as a replacement
copy for the existing Device Software and use it accordance
with this Agreement, including any additional end user
license agreement terms accompanying the upgrade Device
Software.
1.15 If any software component(s) provided by Trimble
separate from the Device on CD ROM disc(s) or via web
download or other means, and labeled “For Upgrade
Purposes Only,” you may (i) install and use one (1) copy of
such component(s) on the computer(s) you use to exchange
data with the Device as a replacement copy for the existing
Companion CD component(s).
1.16 Copyright. All title and copyrights in and to the
Software (including but not limited to any images,
photographs, animations, video, audio, music, text and
“applets,” incorporated into the Software), the
accompanying printed materials, and any copies of the
Software are owned by Trimble, or MS (including Microsoft
Corporation), and their respective suppliers. You may not
copy the printed materials accompanying the Software. All
title and intellectual property rights in and to the content
which may be accessed through use of the Software is the
property of the respective content owner and may be
protected by applicable copyright or other intellectual
property laws and treaties. This Agreement grants you no
rights to use such content. You shall not remove, cover or
alter any of Trimble's patent, copyright or trademark notices
placed upon, embedded in or displayed by the Software or
on its packaging and related materials. All rights not
specifically granted in this Agreement are reserved by
Trimble, MS (including Microsoft Corporation), and their
respective suppliers.
1.17 U.S. Government Restricted Rights. The Software is
provided with “RESTRICTED RIGHTS”. Use, duplication, or
disclosure by the United States Government is subject to
restrictions as set forth in this Agreement, and as provided
in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS
252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR
52.227-19, or FAR 52.227-14(ALT III), as applicable.
Microsoft Corporation has contractually obligated Trimble
to include the following disclaimers in this Agreement:
Product Support. The Product support for the Software is
not provided by MS, its parent corporation, Microsoft
Corporation, or their affiliates or their affiliates or
subsidiaries. For product support, please refer to Trimble
support number provided in the documentation for the
Device. Should you have any questions concerning this
Agreement, or if you desire to contact Trimble for any other
reason, please refer to the address provided in the
documentation for the Device.
No Liability for Certain Damages. EXCEPT AS PROHIBITED
BY LAW, MICROSOFT CORPORATION AND ITS
AFFILIATES SHALL HAVE NO LIABILITY FOR ANY
INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL
DAMAGES ARISING FROM OR IN CONNECTION WITH
THE USE OR PERFORMANCE OF THE MS SOFTWARE.
THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY
FAILS ITS ESSENTIAL PURPOSE.
2 LIMITED WARRANTY.
2.1 Limited Warranty. Trimble warrants that the Software
will perform substantially in accordance with the
accompanying written materials for a period of ninety (90)
days from the date of receipt. This limited warranty gives
you specific legal rights, you may have others, which vary
from state/jurisdiction to state/jurisdiction. The above
limited warranty does not apply to error corrections,
updates or upgrades of the Software after expiration of the
ninety (90) day limited warranty period, which are provided
"AS IS" and without warranty unless otherwise specified in
writing by Trimble. 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