Abit TX5 User's Guide download pdf (Page 123)

End User License Agreement – Sept 2010 Page 4 of 6

PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE

FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE

LIMITED TO THE LIMITED WARRANTY PERIOD. YOU ASSUME THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE

OF THE SOFTWARE.

7. Support & Maintenance. Trimble shall provide the support and maintenance services, if any, as separately

purchased by you and specified in the applicable Order Form. All support and maintenance shall be provided

pursuant to Trimble’s standard service terms which are available upon request from Trimble. Trimble Suppliers

may provide additional support services under separate written agreement, but Trimble is not responsible for any

such support unless it is the contracting party.

8. Professional Services. The Trimble Supplier shall provide the number of person-days, if any, of professional

consulting services (“Professional Services”) purchased in the applicable Order Form and related Statement of

Work. If Trimble is providing Professional Services, unless agreed in a separate written agreement all Professional

Services shall be provided pursuant to Trimble’s standard service terms which are available upon request from

Trimble. If your Order Form is with a Trimble Supplier other than Trimble, that party (and not Trimble) is solely

responsible for providing Professional Services and Trimble has no liability related to such services.

9. Limitation of Remedies and Damages.

9.1. NEITHER TRIMBLE NOR TRIMBLE’S SUPPLIERS SHALL BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE

OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR

CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION,

WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED

OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

9.2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, TRIMBLE AND ITS SUPPLIERS’ ENTIRE

LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO TRIMBLE

UNDER THIS AGREEMENT.

9.3. THE SOFTWARE IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE

IN LIFE SUPPORT, MEDICAL, EMERGENCY, MISSION CRITICAL OR OTHER STRICT LIABILITY OR HAZARDOUS

ACTIVITIES (“HIGH RISK ACTIVITIES”). TRIMBLE SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF

FITNESS FOR HIGH RISK ACTIVITIES. YOU REPRESENT AND WARRANT THAT YOU WILL NOT USE THE SOFTWARE (OR

PERMIT IT TO BE USED) FOR HIGH RISK ACTIVITIES, AND AGREE THAT TRIMBLE WILL HAVE NO LIABILITY FOR USE

OF THE SOFTWARE IN HIGH RISK ACTIVITIES. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TRIMBLE FOR ANY

DAMAGES, LIABILITIES OR OTHER LOSSES RESULTING FROM SUCH USE.

9.4. The parties agree that the limitations specified in this Section 9 will survive and apply even if any limited

remedy specified in this Agreement is found to have failed of its essential purpose.

10. Confidential Information. Any software, documentation or technical information provided by Trimble (or its

agents) shall be deemed “Trimble Confidential Information” without any marking or further designation. Except as

expressly authorized herein, you will hold in confidence and not use or disclose any Trimble Confidential

Information. You acknowledge that disclosure of Trimble Confidential Information would cause substantial harm to

Trimble that could not be remedied by the payment of damages alone and therefore that upon any such disclosure

by you, Trimble shall be entitled to appropriate equitable relief in addition to whatever remedies it might have at

law.

11. Export Compliance. You acknowledge that the Software may be subject to export restrictions by the United

States government and import restrictions by certain foreign governments. You shall not, and shall not allow any

third party to, remove or export from the United States or allow the export or re-export of any part of the

Software or any direct product thereof: (a) into (or to a national or resident of) any embargoed or terrorist-

supporting country; (b) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury

Department’s list of Specially Designated Nationals; (c) to any country to which such export or re-export is

restricted or prohibited, or as to which the United States government or any agency thereof requires an export

license or other governmental approval at the time of export or re-export without first obtaining such license or

approval; or (d) otherwise in violation of any export or import restrictions, laws or regulations of any United States

or foreign agency or authority. You agree to the foregoing and warrant that you are not located in, under the

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