month limited warranty period, all of 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 operate error free or uninterrupted, will meet
your needs or 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.
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