Trimble GPS Hunt, Trimble GPS Fish, Trimble GPS Maps
IMPORTANT, READ CAREFULLY. THIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (either an individual or a single entity) AND TRIMBLE NAVIGATION LIMITED, and its affiliates (collectively, “Licensor”) and applies to the Trimble GPS Hunt, Trimble GPS Fish, Trimble GPS Maps (“Mobile Apps”) mobile software products provided herewith, including any accompanying written materials, such as a user's guide or product manual, access to the GPSHuntFish.com web site and digital mapping service (“Services”) as well as any “online” or electronic documentation (collectively, “Software”). This Agreement will also apply to any Software error corrections, updates and upgrades subsequently furnished by Licensor, unless such are accompanied by different license terms and conditions which will govern their use.
BY CLICKING “YES” OR “I ACCEPT” IN THE ACCEPTANCE BOX, OR BY INSTALLING, OR BY USING A PROMOTIONAL CODE OR ACTIVATION CODE, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNUSED SOFTWARE AND ANY ACCOMPANYING LICENSOR PRODUCT TO THE PLACE FROM WHICH YOU OBTAINED THEM FOR A REFUND.
This Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.
1) SOFTWARE LICENSE.
1.2) Other Rights and Limitations.
a) You may not copy, modify, make derivative works of, rent, lease, sell, sublicense, distribute or transfer the Software, in whole or in part, except as otherwise expressly authorized under this Agreement, and you agree to use all commercially reasonable efforts to prevent its unauthorized use and disclosure. Disabling any licensing control features is prohibited.
b) The Software contains valuable trade secrets proprietary to Licensor and its suppliers. To the extent permitted by applicable 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 give you the right to perform any of the aforementioned activities without Licensor's consent in order to gain certain information about the Software for purposes specified in the respective statutes (e.g., interoperability), you hereby agree that, before exercising any such rights, you shall first request such information from Licensor in writing detailing the purpose for which you need the information. Only if and after Licensor, at its sole discretion, partly or completely denies your request, may you exercise such statutory rights.
c) No service bureau work 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.
d) You may not use the Software for performance, benchmark or comparison testing or analysis, or disclose to any third party or release any results thereof (all of which information shall be considered Licensor confidential information) without Licensor's prior written consent.
e) You agree to comply with all applicable laws and regulations of the United States and of other jurisdictions (national, state and local) to the extent that they may govern your use of the Software. Without limiting the foregoing, you shall not (directly or indirectly) export, re-export, import, transfer, or divert the Software in whole or in part (i) without all necessary authorizations required by law, or (ii) to any prohibited destination or to any prohibited person, entity or end user as specified by U.S. export control laws.
1.3) Termination. The license is
effective until terminated as provided herein. You may terminate this Agreement
by ceasing all use of the Software and destroying or returning all copies.
Without prejudice as to any other rights, Licensor may terminate this Agreement
and your access to the Services with or without notice if you fail to comply
with the terms and conditions of this Agreement. In such event, you must cease
its use destroy all copies of the Software and of its component parts.
In addition, we may discontinue the Services in whole or in part, and/or cancel your Services account with or without notice for any reason at any time.
YOU AGREE THAT TRIMBLE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ITS CANCELLATION OR TERMINATION FOR ANY OF THE ABOVE-CITED REASONS EXCEPT AS EXPRESSLY PROVIDED HEREIN. IF YOUR ACCOUNT IS CANCELLED FOR ANY REASON, YOU AGREE NOT TO RE-REGISTER FOR A SERVICES ACCOUNT WITHOUT WRITTEN PERMISSION FROM TRIMBLE.
1.4) Deletion of Customer Data. We may permanently delete any and all information, data and content maintained in or under your account from our servers after that period of time and upon any termination of the Services or any Service subscription. Trimble accepts no responsibility for such deleted information, data or content.
1.5) Modification of Services. We may, at any time, modify, suspend or permanently discontinue the Services, or any portion of them, with or without advance notice. Trimble will not be liable to you or to any third party for any such modification, suspension or discontinuance.
1.6) Copyright. 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 written materials, and any copies of the Software are owned by Licensor and its suppliers. You shall not remove, cover or alter any of Licensor's patent, copyright or trademark notices placed upon, embedded in or displayed by the Software or on its packaging and related materials.
1.7) Notice about Location Based Services. The Software enables gathering of location information from your wireless carrier, certain third-party service providers, or directly from your cell phone. Location information is used on the mobile application only while the application is running and in accordance with your privacy and opt-in settings. You agree to notify any other users associated with your cell phone of this feature. You control when your location is shared with others by managing the settings on the application or cell phone. You may revoke the foregoing consents within the Software or cell phone by opting-out of sharing location information.
1.8) Third Party Communications Systems and Content. Some features of the Software require use of a proprietary third party communications system, such as that of a telephonic wireless communications carrier or a satellite-based communication system (each, a “Communications Carrier”). TRIMBLE HAS NO RESPONSIBILITY FOR THE AVAILABILITY, QUALITY OR PERFORMANCE OF WIRELESS OR SATELLITE-BASED COMMUNICATIONS SERVICES OR EQUIPMENT FURNISHED BY THE COMMUNICATION CARRIERS. THE COMMUNICATIONS CARRIERS ARE EXCLUSIVELY RESPONSIBLE FOR SUCH SERVICES AND EQUIPMENT.
2) Similarly, features of the Software require use of third-party provided maps and other third-party textual and image content (the “Third Party Content”). LICENSOR HAS NO RESPONSBILITY FOR THE QUALITY OR ACCURACY OF THIRD PARTY CONTENT.
2.1) U.S. Government Licensee - Restricted Rights. [Applies only to U.S. Government Licensees] If you are the United States Government or any agency or contractor thereof, use, duplication or disclosure of the Software is granted with “Restricted Rights” subject to the restrictions set forth in this Agreement and as provided in FAR 52.227.19(c)(2) or subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and/or in similar or successor clauses in the FAR, or the DOD or NASA FAR Supplement.
3) PRIVACY AND USER DATA
3.1) Privacy Statement. To understand Trimble's general data privacy practices, please review our privacy statements at http://www.gpshuntfish.com/Legal/Privacy/.
3.2) Notice Regarding the Potential Collection of User Data; Location Data. You acknowledge that the data stored and collected by and through the Services may be retraceable to individuals ("Personal Data"). Each time a user logs on to a Service for which registration is required, certain information, including the login credentials, will be sent in communications with the servers hosted by us. This information is used to access the user's account, the applicable Service and other personalized features. We may match the login credentials to personally identifiable information in order to provide the user with the Service that the user is entitled to use, and to provide relevant data and information. The Trimble Software applications also permit upload and collection of location-based data related to the operation of your mobile phone or other wireless device used in connection with the Services ("Location Data").
3.3) Data that is stored on your mobile phone or other wireless device will upload from your phone or device and be transmitted to our servers when such upload and transfer is initiated by you or if you have otherwise consented to it, such as when you voluntarily upload project information as described below. The gathered data may include but is not limited to, track logs (a track log consists of a list of spatial points and the times your software application was at given spatial points), diagnostics, and information related items that were viewed on your mobile phone or device, how often they were clicked and how often certain actions were performed.
3.4) You hereby understand and agree that by using the Software and Services you consent to our collection, transmission, use and sharing of your user data (including any Personal Data and Location Data contained therein) as described and in accordance with End User License Agreement and our privacy statements.
The Software is being delivered to you “AS IS” and Licensor makes no warranty
as to its use or performance. LICENSOR AND ITS SUPPLIERS DO NOT WARRANT THE
PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. YOU ASSUME
THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS DISCLAIM
ALL 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 NONINFRINGE-MENT WITH REGARD TO THE SOFTWARE, ITS SATISFACTORY
QUALITY, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
LICENSOR IS NOT RESPONSIBLE FOR THE OPERATION OR FAILURE OF OPERATION OF GLOBAL NAVIGATION SATELLITE SYSTEM (“GNSS”) SATELLITES OR THE AVAILABILITY OF GNSS SATELLITE SIGNALS.
5) LIMITATION OF LIABILITY. YOU ASSUME ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (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 LICENSOR 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 LICENSOR'S TOTAL LIABILITY IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) EXCEED THE ACTUAL AMOUNT PAID TO LICENSOR FOR USE OF THE SOFTWARE 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.
PLEASE NOTE: THE ABOVE LICENSOR LIMITED WARRANTY PROVISIONS MAY NOT APPLY TO SOFTWARE PRODUCTS PURCHASED IN THOSE JURISDICTIONS (SUCH AS COUNTRIES OF THE EUROPEAN ECONOMIC COMMUNITY) IN WHICH PRODUCT WARRANTIES ARE OBTAINED FROM THE LOCAL DISTRIBUTOR. IN SUCH CASE, PLEASE CONTACT YOUR LICENSOR DEALER FOR APPLICABLE WARRANTY INFORMATION.
6) EXPORT RESTRICTIONS. You shall not export, directly or indirectly, the Software (or any component part or output thereof) to any country in violation of any law or regulation, including without limitation any law or regulation of the U.S. Government or any agency. You are solely responsible for complying with all applicable export and import regulations and obtaining all necessary export and import licenses or permits for the Software. You agree to defend, indemnify and hold Licensor harmless against any liability (including attorneys' fees) arising out of your failure to comply with the terms of this paragraph.
7.1) This 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.
7.2) Notwithstanding Section 7.1, 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. Or, 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 Convention on the International Sale of Goods. In such case each of the parties to this Agreement irrevocably attorns to the jurisdiction of the courts of The Netherlands and further agrees to commence any litigation that may arise under this Agreement in the courts of Amsterdam, The Netherlands.
7.3) You may not assign this Agreement in whole or in part without Licensor's prior written consent, and any assignment or transfer in violation of the foregoing is null and void. Licensor reserves all rights not expressly granted by this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable or invalid, it shall not render this Agreement unenforceable or invalid as a whole, and in such event, such provision shall be interpreted so as to best accomplish the objectives of the unenforceable or invalid provisions within the limits of applicable law.
7.5) The official language of this Agreement is English. For purposes of interpretation, or in the event of a conflict between English and versions of this Agreement in any other language, the English language version shall be controlling.
Trimble GPS Hunt, Trimble GPS Fish, Trimble GPS Maps
End User License Agreement
Rev. March 8, 2013