Trimble Outdoors Website Terms of Use

Acceptance of Terms through Use of this Website

Welcome to the Trimble Outdoors website. The services that Trimble provides to you are subject to the following Terms of Use (“TOU”).  Trimble reserves the right to update the TOU at any time without notice to you.  The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Trimble Outdoors website pages.

PLEASE NOTE THAT BY ACCESSING THIS WEBSITE ("SITE"), YOU ARE AGREEING TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THE CURRENTLY POSTED "TERMS OF USE," AND YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS OF USE WILL CONFIRM YOUR ACCEPTANCE OF THOSE CHANGES.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

Description of Services

Through the Trimble Outdoors website Trimble provides you with access to a variety of resources including textual and image content, software, download areas, communication forums, product and other information (collectively “Services”).  Your use of certain Services available on this Site may require your purchase of a software application from the Trimble Outdoors family of products, including without limitation AllSport GPS, Geocache Navigator, GPS Pack, GuideWorx GPS, and Trimble Outdoors phone software applications.  The Services, including any updates, enhancements or new features are subject to the TOU. 

To enable your use of subscription Services with your cell phone, you will also need to purchase a separate wireless data plan from your wireless communications carrier.   All such wireless communications services and equipment obtained by you are subject to the terms and conditions of the applicable agreement(s) between you and your wireless carrier, and Trimble shall have no responsibility for the quality or performance of wireless communications services and equipment which are the sole responsibility of your wireless carrier.     

Ownership of Services; Personal and Non-Commercial Use Limitation

The Services are the property of Trimble and/or its suppliers and are protected by worldwide copyright and other intellectual property rights laws and treaties.  The Services are made available solely for your personal and non-commercial use.  Unless otherwise specified herein or expressly agreed to in writing by Trimble, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, lease or sell any information, software, products or services obtained from the Services.  All rights in the Services not expressly granted under the TOU are reserved to Trimble and its suppliers.

Limited License to Use Site and Services Content

Subject to the terms and conditions of this TOU and your payment of any applicable subscription fees, you are granted a limited license to use the Site and Services and to print and download and upload textual and image content (e.g., maps, photographs, routes, points of interest, trip notes, etc.) from the Services, provided that (1) you do not remove or alter any copyright, trademark or other proprietary notices or related visual marks and logos from the content, (2) your use of such content from the Services is for informational and non-commercial and personal use only and will not be copied or posted on any network computer or broadcast in any media except the Trimble Outdoors Site, (3) you do not modify any content other than content that you have created and uploaded, and (4) you adhere to any posted instructions, directions or limitations on usage and reproduction of such content.  Use for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties.

Software Items Available on This Website

Any software that is made available to download from the Services ("Software"), is the copyrighted work of Trimble and/or its suppliers, and is licensed, not sold.  Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("EULA"). An end user will be unable to install any Software that is accompanied by or includes a EULA, unless he or she first agrees to the EULA terms.

The Software is made available for download solely for use by end users according to the EULA. Any reproduction or redistribution of the Software not in accordance with the EULA is expressly prohibited by law.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE EULA.  EXCEPT AS WARRANTED IN THE EULA, TRIMBLE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Subscriber Account, Password and Access

If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form.  These Services are only available to persons who can form legally binding contracts under applicable law, and are not available to minors.  If you do not qualify, please do not subscribe to the Service.  Trimble reserves the right to refuse its Services to anyone at anytime in its sole discretion. 

At the time of registration you will also choose a password and username.  You are entirely responsible for maintaining the confidentiality of your password and account, and you agree that Trimble may terminate your subscription and access to the Services if you fail to do so.  Additionally, you are fully responsible for any and all activities that occur under your account. You agree to notify Trimble immediately of any unauthorized use of your account or any other breach of security. Trimble will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

Notice about Location Based Services.   When you use the Software used with the Trimble Outdoors Services to voluntarily upload and share Adventure Planner Trips through Site, information regarding your geographic location(s) may be accessed and disclosed through the Software.  You agree to notify any other users associated with your Trimble Outdoors account of this feature.

User Communications

The Services on this Site may include e-mail services, bulletin board services, chat areas, forums, communities, personal web pages and other message or communications facilities designed to enable you to communicate with Trimble (e.g., to provide feedback and suggestions) and with other Site users, and to post, upload, share and submit materials (e.g., text, images, data, etc.) for review by Trimble, the general public or by members of a public or private community (collectively, “User Communications”).  Specifically, a principal feature of the Trimble Outdoors Service accessed through this Site is enabling subscribers to create Adventure Planner Trips that may be inputted and shared with other members of the Trimble Outdoors community and the general public.  To enhance the Trimble Outdoors experience of its community members Trimble intends to maintain online all inputted and shared Adventure Planner Trip User Communications for an indefinite period.  Trimble may also permit its business partners to use and display Adventure Planner Trip User Communications on other websites for viewing and use by their own subscribers or the general public.

THEREFORE PLEASE BE AWARE THAT USER COMMUNICATIONS WILL BE CONSIDERED NON-CONFIDENTIAL AND NON-PROPRIETARY; AND THAT BY POSTING, UPLOADING, INPUTTING, OPTING TO SHARE, PROVIDING OR OTHERWISE SUBMITTING ANY USER COMMUNICATIONS TO THIS SITE YOU UNDERSTAND AND AGREE THAT:

Please note:  You may terminate the preceding licenses granted in any User Communications by removing your submitted User Communications from the Services, (i.e. by opting-out of sharing) provided, however, that such termination will not affect any permissions or licenses granted in connection with the User Communications prior to the time you completely remove and opt-out of sharing the User Communications.  If you are unable to access the Trimble Outdoors Services to remove your User Communications due to termination of your Trimble Outdoors subscription and/or wireless telephone service, then you may submit a request for removal of your shared User Communications to Support@TrimbleOutdoors.com.  

Trimble shall have no obligation to monitor the User Communications to the Services. Nor shall Trimble have an obligation to remove any User Communications that you have opted to input and share with the Trimble Outdoors community absent its receipt of your written request to do so.  However, Trimble reserves the right to review materials posted to the Services and to remove any materials in its sole discretion.

Trimble reserves the right at all times to disclose any information as Trimble deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any User Communications or other materials, in whole or in part, in Trimble's sole discretion.

Trimble does not control or endorse the content, messages or information found in any User Communications to the Services and, therefore, Trimble specifically disclaims any liability with regard to them and any actions resulting from your participation in any Services.

No Misuse of Site or Services

As a condition of your use of the Services you agree that you will not use the Services for any purpose that is unlawful or prohibited by the TOU. Trimble may restrict or cancel Services to you if there is a reasonable suspicion of, or any actual misuse or fraudulent use by you. You will be responsible for any costs incurred by Trimble or any other party (including attorneys fees) as a result of your misuse or fraudulent use of the Service. 

Misuse or fraudulent use includes, but is not limited to,

• Uploading, or otherwise making available, files that contain text, images, photographs, software or other materials owned by others that are protected by intellectual property laws (e.g., copyright, trademark, rights of privacy or publicity) and for which you have not received all necessary and legal consents for their use.
• Using the Services in such a manner so as to interfere unreasonably with the use of Services by one or more other users or wireless customers or to interfere unreasonably with the underlying carrier’s ability to provide Services;
• Subscription fraud or unauthorized access;
• Using the Services to defame, harass, stalk, threaten or otherwise violate the legal rights of others.
• Using the Services to disseminate or convey inappropriate, defamatory, obscene, salacious, or unlawful information, images or materials;
• Using any information, images or other materials available through the Services in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party.
• Advertising, offering to sell or buy goods, or using the Site for business promotional purposes, unless the Services expressly permit such messages;
• Violating any code of conduct associated with the Services, or any applicable laws or regulations;
• Using the Services without permission on a stolen or lost device;
• Taking any action that imposes an unreasonable or disproportionately large load on the Services infrastructure; or uploading files that contain viruses, Trojan horses, worms, or other similar software or programs that cause damage to computers or property of others.
• Attempting or assisting another to access, alter, or interfere with the communications and/or information about another user or wireless customer;
• Tampering with or making an unauthorized connection to the network;
• Installing any amplifiers, enhancers, repeaters, or other devices that modify the radio frequencies used to provide the Services;
• Using the Services in such a manner that it is not used in compliance with FCC rules;
• Reselling or re-billing the Services provided to you to any other individual or entity.

Indemnification

UPON A REQUEST BY TRIMBLE, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TRIMBLE AND THIRD PARTIES CONTRIBUTING TO THE SERVICES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY'S FEES, THAT ARISE FROM YOUR USE OR MISUSE OF THE SERVICES AND THIS SITE. TRIMBLE RESERVES THE RIGHT, AT IT OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU AGREE TO COOPERATE WITH TRIMBLE IN ASSERTING ANY AVAILABLE DEFENSES.

Termination of Services, Account

If you violate these Terms of Use, or if the wireless service carrier through which you purchase Services on this Site terminates your wireless service, your authorization to use this Site automatically terminates and you must immediately discontinue use of and destroy any downloaded or printed Services content obtained from the Site.

Network Coverage, GPS Satellites, Interruption of Service

You acknowledge that the Services and network access are subject to transmission limitations caused by a variety of factors such as atmospheric conditions, topographical obstructions, limitations or lack of coverage of the underlying carrier service and other natural or manmade conditions. Additionally, motor and ignition noise, metal shielding, interference by users of the same or adjacent radio channels may limit or interfere with coverage.  You further acknowledge that Trimble is not responsible for the operation or failure of operation of GPS satellites or the availability of GPS satellite signals.

Trimble shall not be held liable by you or any third party for any loss or damage arising from Services, or its interruption, transmission errors, defects or any other cause, including, but not limited to, interruption caused by the underlying carrier. Trimble does not assume and shall not have any liability for events beyond Trimble's control or the control of Trimble's subcontractors, licensors or business partners, including, but not limited to, acts of God, acts of any governmental entity, acts of public enemy, strikes or weather conditions.

Risk of Loss 

You are responsible for any risk of loss for the hardware equipment required to communicate with the Service, from any cause, including vehicle failure, theft, fire, collision, tampering, and vandalism.

Removal of Materials and Discontinuation of Service; Termination of Authorization to Use Site

Trimble reserves the right to remove or discontinue Services available on this Site with or without notice. Trimble further reserves the right to terminate your authorization to use any Services at this Site; to terminate your password, if any; and to delete any one or more of your related accounts; for any reason, immediately and at any time.

Links to Third Party Sites

This Site may contain links to third party websites. Access to any other Internet site linked to this website is at the user's own risk. Trimble does not control, and is not responsible for the accuracy or reliability of any information, materials, data, opinions, advice or statements made on those sites, or about any products found at those sites, or about any search results that may be obtained from using them. Trimble provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

General Disclaimer and Limitation of Liability

Although Trimble has attempted to provide accurate information on this Site, Trimble assumes no responsibility for the accuracy of the information or Services; nor does Trimble warrant that the information or Services are up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the Services are free of viruses or other harmful components. Your use of this Site is at your sole risk. Trimble may change the Services at any time without notice. Mention of non-Trimble products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. 

TRIMBLE FURNISHES AND YOU ACCEPT THE SERVICES AND THIS SITE ON AN "AS-IS, AS AVAILABLE" BASIS WITH NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, EXPLICITLY DISCLAIMING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF SECURITY, AND INFRINGEMENT, REGARDING THE SERVICE TO YOU, OR ANY THIRD PARTY. TO THE EXTENT TRIMBLE PROVIDES ACCESS TO INFORMATION AND MATERIALS PROVIDED BY OTHER SOURCES, TRIMBLE ACCEPTS NO LIABILITY FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTENT THEREOF.

IN NO EVENT SHALL TRIMBLE OR ANY THIRD PARTY CONTRIBUTING TO THE SERVICES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, OR ANY OTHER PECUNIARY LOSS), EVEN IF TRIMBLE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ASSUME ALL RISK OF USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE RISK OF ACCIDENTS BY USING THE SERVICES WHILE OPERATING A MOVING VEHICLE. 

THE SERVICES ARE NOT GUARANTEED AGAINST EAVESDROPPERS OR INTERCEPTORS. YOU AGREE THAT TRIMBLE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR LACK OF PRIVACY OR SECURITY.

BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

International

This Site is administered by Trimble from its offices in the United States of America. Trimble makes no representation that Services on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where the Services are illegal is prohibited. You may not use or export or re-export the Services or content available on this Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States export laws and regulations. If you choose to access this site from locations outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

Copyright and Trademark Information

Copyright information and a list of United States trademarks owned by Trimble is set forth at http://www.trimble.com/copyrights.html.  Any questions concerning their use, or whether a trademark that does not appear on this list is a trademark of Trimble should be referred to Trimble's Intellectual Property department at U.S. 1-408-481-8000.

U.S. Government Restricted Rights

Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in these Terms of Use, 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. Use of the Materials by the Government constitutes acknowledgment of Trimble's proprietary rights in them.

Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and applicable United States federal law, without reference to “conflicts of laws” provisions or principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall lie exclusively in, or be transferred to the courts of the County of Santa Clara and/or the Northern District of California; and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of adjudicating any such claim or action.

Notice for Alltel users

By subscribing to and/or using this application, you, the user of the location based service, agree that Alltel Communications, LLC. ("Alltel") may disclose your location information to a third party service provider or providers in order to deliver the location based services you requested.  You should not initiate this service if you do not want your location shared with these third party service providers.  You control when your location is shared with others by managing the settings on the application.  You authorize the disclosure of your location to those third parties you wish to receive your location.  You may revoke the foregoing consents within the application and by deleting the application from your handset.  Alltel may retain your location information for as long as it has a business need to do so.  Alltel does not guarantee the accuracy or completeness of any location information displayed through this application. Always use caution when disclosing personally identifiable information about yourself or your location to others.  

NAVTEQ data

The data ("Data") is provided for your personal, internal use only and not for resale.  It is protected by copyright, and is subject to the following terms and conditions which are agreed to by you, on the one hand, and Trimble Navigation Ltd. ("Trimble") and its licensors (including their licensors and suppliers) on the other hand.

© 2008 NAVTEQ. All rights reserved.

The Data for areas of Canada includes information taken with permission from Canadian authorities, including: © Her Majesty the Queen in Right of Canada, © Queen's Printer for Ontario, © Canada Post Corporation, GeoBase  

NAVTEQ holds a non-exclusive license from the United States Postal Service® to publish and sell ZIP+4® information.

©United States Postal Service® 2008.  Prices are not established, controlled or approved by the United States Postal Service®.  The following trademarks and registrations are owned by the USPS:  United States Postal Service, USPS, and ZIP+4.

TERMS AND CONDITIONS

Personal Use Only.  You agree to use this Data together with Trimble applications for the solely personal, non-commercial purposes for which you were licensed, and not for service bureau, time-sharing or other similar purposes.  Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy this Data only as necessary for your personal use to (i) view it, and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the Data in any way.  You agree not to otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of this Data, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.

Restrictions.  Except where you have been specifically licensed to do so by Trimble, and without limiting the preceding paragraph, you may not (a) use this Data with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications; or (b) with or in communication with any positioning devices or any mobile or wireless-connected electronic or computer devices, including without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or PDAs.

Warning. The Data may contain inaccurate or incomplete information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, any of which may lead to incorrect results.

No Warranty.  This Data is provided to you "as is," and you agree to use it at your own risk.  Trimble and its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this Data, or that the Data or server will be uninterrupted or error-free.

Disclaimer of Warranty: TRIMBLE AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.

Disclaimer of Liability:  TRIMBLE AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF TRIMBLE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.

Export Control.  You agree not to export from anywhere any part of the Data provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations.

Entire Agreement.  These terms and conditions constitute the entire agreement between Trimble (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.

Governing Law.  The above terms and conditions shall be governed by the laws of the State of Illinois, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded.  You agree to submit to the jurisdiction of the State of Illinois for any and all disputes, claims and actions arising from or in connection with the Data provided to you hereunder.

NOTICE FOR CANADA-BASED USERS

The Data may include or reflect data of licensors, including Her Majesty and Canada Post.  Such data is licensed on an "as is" basis.  The licensors, including Her Majesty and Canada Post, make no guarantees, representations or warranties respecting such data, either express or implied, arising by law or otherwise, including but not limited to, effectiveness, completeness, accuracy or fitness for a particular purpose.

The licensors, including Her Majesty and Canada Post, shall not be liable in respect of any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action alleging any loss, injury or damages, direct or indirect, which may result from the use or possession of the data or the Data.  The licensors, including Her Majesty and Canada Post, shall not be liable in any way for loss of revenues or contracts, or any other consequential loss of any kind resulting from any defect in the data or the Data.

End User shall indemnify and save harmless the licensors, including Her Majesty the Queen, the Minister of Natural Resources of Canada and Canada Post, and their officers, employees and agents from and against any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action, alleging loss, costs, expenses, damages or injuries (including injuries resulting in death) arising out of the use or possession of the data or the Data.

NAVBuilder product

The Services may include the NAVBuilder product which is the sole and exclusive property of Networks In Motion, Inc. ("NIM"), a Delaware corporation located at 35 Tesla, Suite 250, Irvine, California 92618.

You acknowledge and agree that NIM is a third-party beneficiary to the End User License Agreement and that the provisions of the End User License Agreement  related to your use of the NAVBuilder product  are made expressly to the benefit of NIM and are enforceable by NIM in addition to Trimble.

You are only granted a non-exclusive, non-transferable right to use the NAVBuilder product for your personal, non-commercial use. You may only use  the NAVBuilder product with and as part of the Services, and are prohibited from using the NAVBuilder product for application development purposes or otherwise outside of the scope of these TOU.

You shall be prohibited from sublicensing, timesharing, renting the NAVBuilder product or using the NAVBuilder product on a service bureau basis.

NIM reserves and retains all right, title and interest (including, without limitation, all intellectual property rights) in and to the NAVBuilder product, and all copies thereof. You may not copy the NAVBuilder product, except for inactive backup and archival purposes only, and must include on all copies of the NAVBuilder product all copyright, government restricted rights and other proprietary notices or legends included on the NAVBuilder product when it was delivered to you.

NIM shall not be liable for any special, indirect, consequential or incidental damages arising out of usage or distribution of the NAVBuilder product. NIM's entire liability to you for damages concerning performance or non-performance of the NAVBuilder product or in any way arising from or related to End User License Agreement, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise, shall not exceed the amount received by NIM from Trimble on a per unit basis as consideration for use of the NAVBuilder Product.

Only object code versions of the NAVBuilder product are licensed to you and reverse engineering, disassembly or decompilation to derive source code shall be prohibited (except to the extent expressly allowed under applicable law).

You agree to comply with all export and re-export restrictions and regulations imposed by the government of the United States. If you are an agency or an instrumentality of the United States Government, the NAVBuilder product is "commercial computer software" and "commercial computer software documentation" and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, use, reproduction and disclosure of the NAVBuilder product is governed by these TOU.

Although copyrighted, the NAVBuilder product is unpublished and contains proprietary and confidential information of NIM. You shall agree to maintain the NAVBuilder product in confidence and shall protect the NAVBuilder product with at least the same degree of care with which you protect your own similar confidential information (but in no event less than reasonable care).

You shall indemnify, hold harmless and defend NIM and its directors, officers, employees and representatives harmless from and against any and all claims, suits, proceedings, damages, judgments and expenses (including, without limitation, reasonable attorneys' fees) or settlement thereof in connection with or arising from any third-party claim based upon your breach or alleged breach of the terms and conditions granted to you hereunder, or in the End User License Agreement, or based upon your use of the NAVBuilder product.

Trimble may terminate this agreement with you immediately upon written notice to you in the event that you breach any of the terms or obligations set forth in herein.

The NAVBuilder product is licensed to you "AS IS" and NIM makes no representation or warranties, express or implied, regarding the accuracy of any data provided by the NAVBuilder product. NIM DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED IN CONNECTION WITH, ARISING FROM OR RELATING TO THE LICENSED SOFTWARE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

General Provisions

These Terms of Use, along with any applicable license agreement(s), constitute the entire agreement between you and Trimble, and supersedes any and all prior agreements, negotiations and communications (whether written, oral or electronic) between you and Trimble with respect to the Services.  No change, modification, or wavier of the terms and conditions of the TOU, shall be binding on Trimble unless made in writing, with Trimble's approval.  You also may be subject to additional terms and conditions that may apply when you use content, materials, software, or services provided by third party providers to this Site. Any rights not otherwise expressly granted by this Agreement are reserved by Trimble.  The failure of Trimble to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any part of the TOU is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Digital Millennium Copyright Act

Procedure for Claims of Copyright Infringement.

Heidi Hofmann
Legal Department
Trimble Navigation Limited
935 Stewart Drive
Sunnyvale, CA 94085