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4 Juno ST Handheld User Guide
1.5Upgrade Software. In the event that any upgrades to MS Software are
provided under this Agreement, then the following shall apply: Trimble
is distributing the accompanying Software in this format exclusively for
installation as an upgrade to previously distributed Devices preinstalled
with one of the following:
1 - Microsoft Windows Mobile 2003 Software for Pocket PC,
Professional Edition with Microsoft Outlook® 2002:
2 - Microsoft Windows Mobile 2003 Software for Pocket PC, Premium
Edition with Microsoft Outlook 2002:
3 - Microsoft Windows Mobile 2003 Software for Pocket PC,
Professional Edition;
4 - Microsoft Windows Mobile 2003 Software for Pocket PC, Premium
Edition;
5 - Microsoft Windows Mobile 2003 Software for Pocket PC, Premium
with Phone Edition (GSM/GPRS) with Microsoft Outlook 2002;
6 - Microsoft Windows Mobile 2003 Software for Pocket PC, Premium
with Phone Edition (GSM/GPRS);
7 - Microsoft Windows Mobile 2003 Software for Pocket PC, Premium
with Phone Edition (CDMA/1xRTT) with Microsoft Outlook 2002;
8 - Microsoft Windows Mobile 2003 Software for Pocket PC, Premium
with Phone Edition (CDMA/1xRTT).
Accordingly, you may follow the applicable instructions accompanying
this Software and install one (1) copy of the Software on one (1) Device
presently containing a licensed 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.
1.6Security 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.
1.7Consent 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.
1.8Internet 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.
1.9Internet-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.
1.10Additional 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.
1.11Links 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.
1.12Other 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 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