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Juno ST Handheld User Guide 5
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.
1.13Notice 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 303-331-1880; fax 303-331-1879.
1.14If 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.
1.15If 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).
1.16Copyright
. 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.
2LIMITED WARRANTY
.
2.1Limited 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 operate error free or uninterrupted, will meet your needs or
expectations, or that all nonconformities can or will be corrected.
2.2Customer 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 Agreement. Any replacement Software will be warranted for the
remainder of the original warranty period or thirty (30) days, whichever
is longer.
2.3 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.
2.4 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 LIABILIY
(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
AGREEMENT.
IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF
TRIMBLE AND ITS SUPPLIERS IN CONNECTION WITH THIS
AGREEMENT 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. BECAUSE SOME STATES AND JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
2.5PLEASE 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.
2.6Without prejudice to any other rights, Trimble or MS may terminate
this Agreement 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.
3GENERAL.
3.1This Agreement shall be governed by the laws of the State of
California and applicable United States Federal law without reference to
“conflict of laws” principles or provisions. The United Nations
Convention on Contracts for the International Sale of Goods will not
apply to this Agreement. Jurisdiction and venue of any dispute or court
action arising from or related to this Agreement or the Software shall lie
exclusively in or be transferred to the courts the County of Santa Clara,
California, and/or the United States District Court for the Northern
District of California. You hereby consent and agree not to contest, such
jurisdiction, venue and governing law.
3.2Section 3.1 notwithstanding, if you acquired this product in Canada,
this Agreement is governed by the laws of the Province of Ontario,
Canada. In such case each of the parties to this Agreement irrevocably
attorns to the jurisdiction of the courts of the Province of Ontario and
further agrees to commence any litigation that may arise under this
Agreement in the courts located in the Judicial District of York, Province
of Ontario. If you acquired this product in the European Union, this
Agreement is governed by the laws of The Netherlands, excluding its
rules governing conflicts of laws and excluding the United Nations