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Software and Firmware License, Limited
Warranty
This Trimble software and/or firmware product
(the “Software”) is licensed and not sold. Its use is
governed by the provisions of the applicable End
User License Agreement (“EULA”), if any,
included with the Software. In the absence of a
separate EULA included with the Software
providing different limited warranty terms,
exclusions, and limitations, the following terms
and conditions shall apply. Trimble warrants that
this Trimble Software product will substantially
conform to Trimble’s applicable published
specifications for the Software for a period of
ninety (90) days, starting from the date of
delivery.
Warranty Remedies
Trimble's sole liability and your exclusive remedy
under the warranties set forth above shall be, at
Trimble’s option, to repair or replace any Product
or Software that fails to conform to such warranty
(“Nonconforming Product”), or refund the
purchase price paid by you for any such
Nonconforming Product, upon your return of any
Nonconforming Product to Trimble in accordance
with Trimble’s standard return material
authorization procedures.
Warranty Exclusions and Disclaimer
These warranties shall be applied only in the event
and to the extent that: (i) the Products and
Software are properly and correctly installed,
configured, interfaced, maintained, stored, and
operated in accordance with Trimble’s relevant
operator's manual and specifications, and; (ii) the
Products and Software are not modified or
misused. The preceding warranties shall not apply
to, and Trimble shall not be responsible for defects
or performance problems resulting from (i) the
combination or utilization of the Product or
Software with products, information, data,
systems or devices not made, supplied or specified
by Trimble; (ii) the operation of the Product or
Software under any specification other than, or in
addition to, Trimble's standard specifications for
its products; (iii) the unauthorized modification or
use of the Product or Software; (iv) damage
caused by accident, lightning or other electrical
discharge, fresh or salt water immersion or spray;
or (v) normal wear and tear on consumable parts
(e.g., batteries).
THE WARRANTIES ABOVE STATE TRIMBLE'S
ENTIRE LIABILITY, AND YOUR EXCLUSIVE
REMEDIES, RELATING TO PERFORMANCE OF
THE PRODUCTS AND SOFTWARE. EXCEPT AS
OTHERWISE EXPRESSLY PROVIDED HEREIN,
THE PRODUCTS, SOFTWARE, AND
ACCOMPANYING DOCUMENTATION AND
MATERIALS ARE PROVIDED “AS-IS” AND
WITHOUT EXPRESS OR IMPLIED WARRANTY
OF ANY KIND BY EITHER TRIMBLE
NAVIGATION LIMITED OR ANYONE WHO HAS
BEEN INVOLVED IN ITS CREATION,
PRODUCTION, INSTALLATION, OR
DISTRIBUTION, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND
NONINFRINGEMENT. THE STATED EXPRESS
WARRANTIES ARE IN LIEU OF ALL
OBLIGATIONS OR LIABILITIES ON THE PART
OF TRIMBLE ARISING OUT OF, OR IN
CONNECTION WITH, ANY PRODUCTS OR
SOFTWARE. SOME STATES AND
JURISDICTIONS DO NOT ALLOW LIMITATIONS
ON DURATION OR THE EXCLUSION OF AN
IMPLIED WARRANTY, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.