Spectra Precision MobileMapper Field & Office Software - Manual (Page 2)

SOFTWARE END USER LICENSE AGREEMENT (EULA)
(TNL - TEBV)
IMPORTANT, READ THIS AGREEMENT CAREFUL-
LY. BY INSTALLING OR USING ALL OR ANY POR-
TION OF THE SOFTWARE, YOU ARE ACCEPTING
ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT. YOU AGREE THAT THIS AGREE-
MENT IS ENFORCEABLE LIKE ANY WRITTEN
AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS
AND CONDITIONS, DO NOT USE OR ACCESS THE
SOFTWARE.
IF YOU HAVE PAID A LICENSE FEE FOR USE OF
THE SOFTWARE AND DO NOT AGREE TO THESE
TERMS, YOU MAY RETURN THE SOFTWARE
(ALONG WITH ANY HARDWARE ON WHICH IT
WAS EMBEDDED, IF APPLICABLE) FOR A FULL
REFUND PROVIDED YOU (A) DO NOT USE THE
SOFTWARE AND (B) RETURN THE SOFTWARE
WITHIN THIRTY (30) DAYS OF YOUR INITIAL PUR-
CHASE.
IF YOU WISH TO USE THE SOFTWARE AS AN EM-
PLOYEE, CONTRACTOR, OR AGENT OF A CORPO-
RATION, PARTNERSHIP OR SIMILAR ENTITY,
THEN YOU MUST BE AUTHORIZED TO SIGN FOR
AND BIND THE ENTITY IN ORDER TO ACCEPT THE
TERMS OF THIS AGREEMENT. THE LICENSES
GRANTED UNDER THIS AGREEMENT ARE EX-
PRESSLY CONDITIONED UPON ACCEPTANCE BY
SUCH AUTHORIZED PERSONNEL.
IF YOU HAVE ENTERED INTO A SEPARATE WRIT-
TEN LICENSE AGREEMENT WITH TRIMBLE FOR
USE OF THE SOFTWARE, THE TERMS AND CONDI-
TIONS OF SUCH OTHER AGREEMENT SHALL PRE-
VAIL OVER ANY CONFLICTING TERMS OR
CONDITIONS IN THIS AGREEMENT.
This End User License Agreement (“Agreement”) is
between Trimble Navigation Limited, located at 935
Stewart Drive, Sunnyvale, CA 94085, U.S.A. and/or
its Affiliates (“Trimble”) and the customer (individu-
al or entity) that has downloaded or otherwise pro-
cured the licensed Software (as defined below) for
use as an end user (“You”). This Agreement covers
any Software and supporting technical documenta-
tion provided with the Software (“Documentation”).
1. Definitions
“Affiliate” shall mean any entity that directly or indi-
rectly through one or more entities, controls, is con-
trolled by, or is under common control with a Trimble
party. For purposes of this definition, the term "con-
trol" as applied to any entity, means the possession,
directly or indirectly, of the power to direct or cause
the direction of the management of that entity,
whether through ownership of voting securities or
otherwise.
“Effective Date” means the earlier of the date You
sign an Order Form or the date on which the Software
is first made available to You.
“Order Form” means any order which is entered into
by Trimble (or an authorized Trimble distributor or re-
seller) and You under which You are provided the
Software. Each Order Form for the Software shall be
deemed a part of this Agreement. This Agreement is
binding on You whether or not You executed an Order
Form with Trimble. Order Forms may not vary the
terms of this Agreement. Only a written agreement,
signed by Trimble (not a Trimble distributor or re-
seller) may vary the terms of this Agreement.
“Software” means the Trimble software product(s)
provided in connection with this Agreement in object
code form (or as otherwise specified in any related
Order Form). “Software” shall also include any re-
leases provided to or purchased by You under any
separate support and maintenance agreement You
may enter into with Trimble. Unless otherwise noted,
the Software and Documentation are referred to col-
lectively herein as “Software”.
“Third-Party Software” means any third-party soft-
ware that is provided to You by Trimble under this
Agreement or under separate terms and conditions.
“Trimble Supplier” means either Trimble or an autho-
rized distributor or reseller of Trimble products or ser-
vices which has entered into an Order Form with You.
2. License
2.1.Grant of License. Subject to all of the terms and
conditions of this Agreement, Trimble grants You a
non-transferable, non-sublicensable, non-exclusive
license to use the Software in machine-readable form
on any computer and operating system for which it
was intended, but solely (a) for your own internal
business purposes at the location specified in the ap-
plicable Order Form or otherwise agreed to by Trimble
(the “Site”); (b) in accordance with the Documenta-
tion; and (c) in accordance with any additional li-
cense term, subscription term or other user, seat,
computer, field of use or other restrictions set forth
in the applicable Order Form or otherwise specified
by Trimble.
2.2.Installation and Copies. Trimble shall make
available the Software and Documentation by disk,
other media, or as embedded in a device, or make it
available for download in electronic form. Trimble
shall also provide You with electronic passwords or
other enabling mechanisms if necessary to permit
the licensed usage of the Software. All licenses shall
commence, and delivery shall be deemed to occur, as
of the Effective Date (or, if later, such date on which
the Software and license keys are first made avail-
able to You). If your Order Form is with a Trimble dis-
tributor or reseller, that distributor or reseller (and
not Trimble) is solely responsible for delivery to You
and Trimble has no liability for any failure to deliver.
If the Software requires license keys to operate as li-
censed to You, the applicable Trimble Supplier will
deliver such license keys to You.
2.3.Software Intended to be Installed on Computers.
The Software is licensed as a single product. You may
not separate its component parts for use on more
than one computer except as specifically authorized
in this Agreement. You may copy and install on your
computers for use only by your employees the num-
ber of copies of the Software for which You have paid
the applicable license fee or have been authorized in
writing by Trimble. You may transfer the Software
from one computer to another computer provided
that the computer to which the Software is trans-
ferred is located at the Site and the Software is com-
pletely removed and de-installed from the prior
computer. If You are permitted by Trimble to install
the Software on a network server, and You transfer
the Software from the Site to a new location, You
must provide Trimble with written notice of the new
site prior to such transfer. You may also make a rea-
sonable number of copies of the Software only for
back-up and archival purposes. This Paragraph 2.3
does not apply to any software embedded on Trimble
devices.