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Trimble’s responsibilities do not extend to the internal management or administration of the Service for Customer.ĪPI. Customer is fully responsible for its choice of Administrators and any actions they take with respect to the Service. If the Product permits administrator access, as described in the Documentation, Customer may designate one or more Authorized Users to be administrators (each an “ Administrator”) with control over Customer’s Service account, including management of Authorized Users and Customer Data, as described in the Documentation. Customer will promptly notify Trimble if it becomes aware of any compromise of its Authorized User login credentials. Only if expressly permitted under the applicable Order, Customer may transfer Authorized User status from one individual to another at any time, provided that use of the Product(s) by its Authorized Users in the aggregate remains within the Usage Limitations. In the event an Authorized User is no longer a Customer employee or contractor, Customer will promptly de-activate such Authorized User’s access. Customer is responsible for its Authorized Users’ compliance with this Agreement and actions taken through their accounts. User IDs are granted to individual, named persons, and each Authorized User will keep its login credentials confidential and not share them with anyone else. Only Authorized Users may access or use any (i) Service or (ii) Software licensed on an Authorized User basis. For Product(s) that are Software, subject to the terms of this Agreement, Trimble hereby grants Customer a non-transferable, non-sublicensable, non-exclusive license solely during the Utilization Term to install, copy and use the Software on systems under Customer’s control only for its internal business purposes in accordance with the Documentation, Usage Limitations, any applicable Product-Specific Terms and this Agreement. Unless otherwise specified by Trimble, any Software provided with a Service is subject to the terms applicable to Software under this Agreement. For Product(s) that are a Service, Customer may access and use the Service during the Utilization Term only for its internal business purposes in accordance with the Documentation, Usage Limitations, any applicable Product-Specific Terms and this Agreement. The following provisions apply to the applicable Product type (Service or Software) in the Order. IF YOU HAVE PAID A FEE FOR USE OF THE PRODUCT(S) AND DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY RETURN THE PRODUCT(S) FOR A FULL REFUND, PROVIDED YOU (A) HAVE NOT INSTALLED, ACCESSED, OR USED THE PRODUCT(S) AND (B) RETURN THE PRODUCT(S) WITHIN 14 DAYS OF YOUR INITIAL PURCHASE. EACH PARTY EXPRESSLY AGREES THAT THIS AGREEMENT IS LEGALLY BINDING UPON IT.
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Any conflict or inconsistency will be resolved in the following order of precedence: (1) the applicable Order, (2) the Product-Specific Terms, (3) the Support Terms, and (3) the body of this Agreement.īY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT OR INSTALLING, ACCESSING OR USING ANY PRODUCT(S), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. Customer’s use of each Product is also subject to any additional product-specific teerms and conditions set forth in Exhibit A or separately referenced in the applicable Order (“ Product-Specific Terms”). This Agreement will govern Customer’s initial purchase(s) on the Effective Date as well as any renewals thereof (unless different terms are specified upon renewal). The “ Effective Date” of this Agreement means the earlier of (a) the effective date of the Order, or (b) the date Trimble has first made access to a Product available to Customer, which could be by physical delivery of media (e.g., CD, dongle, etc.) or electronic or access delivery by means of an online provisioning, registration, download or other similar process (“ Initial Product Availability Date”). If you are accessing or using the Product(s) on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to “you” reference your company.Įffective Date. This Agreement consists of the terms and conditions set forth below, any applicable Product-Specific Terms, any applicable Support Terms, and the Order.
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Certain capitalized terms are defined in Section 17 (Definitions), and others are defined contextually in this Agreement. These Trimble General Product Terms (this “ Agreement”) are entered into by and between Trimble and the entity or person placing an order for or accessing any Product(s) specified in the applicable Order (“ Customer” or “ you”).