Ag Leader EZ-Guide Plus Getting Started Guide - Manual (Page 6)

Software is installed or run from the storage device. A license
for the Software may not be shared or used concurrently on
different computers.
1.2Other 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 unless you are
a reseller of Trimble products under separate written
agreement with Trimble and authorized by Trimble to do so.
(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, provided you retain
no copies, you transfer all of the Software (including all
component parts, the media and printed materials, any
upgrades, and this Agreement) 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. (6) You may not export the Software or underlying
technology in contravention of applicable U.S. and foreign
export laws. (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.
1.3Copyright. All title and copyrights in and to the Software
(including but not limited to any images, photographs,
animations, video, audio, music, and text incorporated into
the Software), the accompanying printed materials, and any
copies of the Software are owned by Trimble and its
suppliers. 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. You may, however, either
(1) make one copy of the Software solely for backup or
archival purposes, or (2) install the Software on a single
computer provided you keep the original solely for backup or
archival purposes. You may not copy the accompanying
printed materials.
1.4U.S. Government 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.
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 accident, abuse, or misapplication. Any replacement
Software will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is longer.
2.3N O OTHER WARRANTIES . To the maximum extent permitted
by applicable law, Trimble and its suppliers disclaim all other
warranties and conditions, either express or implied,
including but not limited to, implied warranties and
conditions of merchantability and fitness for a particular
purpose, title, and noninfringement with regard to the
software and the provision of or failure to provide support
services. To the extent allowed by applicable law, implied
warranties and conditions on the software are limited to
ninety (90) days. You may have other legal rights which vary
from state/jurisdiction to state/jurisdiction.
2.4L IMITATION OF LIABILITY . Trimble's entire liability under
any provision of this Agreement shall be limited to the
amount paid by you for the Software license. To the
maximum extent permitted by applicable law, in no event
shall Trimble or its suppliers be liable for any special,
incidental, indirect or consequential damages whatsoever
(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. 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: If you have acquired this product from a
dealer located in the European Union, the warranty
provisions of this Section 2 will not apply. Please contact
your dealer for applicable warranty information.