© 2004, 2007, 2010 Trimble Inc. All rights reserved.
Copyright & Trademarks
No portion of this service may be reproduced in any form, or by any means, except as authorized below, without prior written permission from Trimble Inc.
Acceptance of Terms Through Use
Title and Ownership
Limited License to Use Site
The Materials at this Site are copyrighted and any unauthorized use of the Materials may violate copyright, trademark, and other laws. You may print out or download on a single computer, one copy of the Materials found on the Site for your personal, non-commercial internal use only, unless specifically licensed to do otherwise by Trimble in writing or as allowed by any license terms which accompany or are provided with individual Materials. The above notwithstanding, if you are a commercial user of Trimble products you may print out and use a reasonable number of copies of Materials related to those specific Trimble products solely in connection with your authorized use of such products. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any public display, performance, sale, rental, or for any commercial purpose except as otherwise authorized above; (b) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.
Termination of this License
Products and Services
Trimble's obligations with respect to its products and services are governed solely by the terms and conditions of sale and agreements under which they are provided. For example, if you download software from this Site, use of the software shall be governed by the provisions of the End User License Agreement or other software license agreement that accompanies or is provided with the software. If you obtain a product or service from Trimble through this Site that is provided without an agreement, that product or service is provided "AS-IS" with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.
Password-Protected Areas and Access
Copyright and Trademark Information
Copyright information and a current list of United States trademarks owned by Trimble is set forth at http://www.trimble.com/copyrights.shtml. 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.
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 Materials; nor does Trimble warrant that the information or Materials 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 Materials are free of viruses or other harmful components. Your use of this Site is at your sole risk. Trimble may change the Materials or products mentioned 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.
ALL INFORMATION AND MATERIALS PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBLITY, SATISFACTORY QUALITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL TRIMBLE OR ITS SUPPLIERS BE LIABLE 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 THIS SITE OR ANY TRIMBLE PRODUCT OR SERVICE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF TRIMBLE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
User Communications / Chat Rooms, Blogs and other User Forums
This Site may include bulletin board services, blogs, 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"). 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:
- You are granting Trimble, its designees, licensees and business partners, as well as members of the general public using the Site consent and permission to use your User Communications, including without limitation worldwide, royalty-free non-exclusive, perpetual license rights with right of sublicense to disclose, reproduce, display (publicly or otherwise), perform, adapt, modify, transmit, distribute, have distributed, edit, translate, reformat, create derivative works based on and otherwise use such User Communications;
- Trimble shall be free to use any ideas, concepts, know-how or techniques contained in the User Communications for any purpose without obligation of compensation or attribution; and
- You warrant and represent that you own or otherwise control all of the rights to your User Communications and that your User Communications will not infringe or violate the rights of any third party.
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. Personally identifiable information that you may submit for the purpose of receiving products or services will be handled in accordance with Trimble's online Privacy Statement.
Trimble does not control or endorse the content, messages or information found in any User Communications and, therefore, Trimble specifically disclaims any liability with regard to them and any actions resulting from your participation in any Services.
Please note: You may submit a request for removal of your shared User Communications from the applicable user chat room, blog or other forum to the email address designated for such purpose, or to email@example.com; provided, however, that such removal will not affect any licenses granted in connection with your User Communications prior to the time of their removal.
No Misuse of the Site
- Using the Site to disseminate or convey inappropriate, defamatory, obscene, salacious, or unlawful information, images or materials; or to defame, harass, stalk, threaten or otherwise violate the legal rights of others.
- Using the Site in such a manner so as to interfere unreasonably with its use by others; or attempting or assisting another to access, alter, or interfere with the communications and/or information of another user;
- Subscription fraud or unauthorized access;
- 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 any information, images or other Materials available through the Site 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;
- Violating any code of conduct associated with the Site, or any applicable laws or regulations;
- Taking any action that imposes an unreasonable or disproportionately large load on the Site 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.
UPON A REQUEST BY TRIMBLE, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TRIMBLE AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, CO-BRANDERS OR OTHER BUSINESS PARTNERS, AND ITS AND THEIR EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY'S FEES, THAT ARISE FROM YOUR USE OR MISUSE OF 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.
Removal of Materials and Discontinuation of Service; Termination of Authorization to Use Site
Trimble reserves the right to remove Materials 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 or for no reason, immediately and at any time.
Links to Third Party Sites
This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site 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.
Linking to the Trimble Web Site
You may create links to this Site from other sites, but only in accordance with the following guidelines and in compliance with applicable law. A site that links to Trimble's website:
- May link to but not replicate the Trimble content (i.e., Materials)
- May refer to our company name or product names in a plain text font and format in accordance with our general trademark usage guidelines, using appropriate wording such as "This way to Trimble Inc." or "Click here for more information on Trimble products".
- Should not create a browser or border environment around Trimble content
- Should not imply that Trimble is endorsing it or its products
- Should not misrepresent its relationship with Trimble
- Should not present false information about Trimble products or services
- Should not use the Trimble logo or other trademarks without permission from Trimble
- Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups
By placing a link on your web site to the Site you agree to promptly remove such link at Trimble's request. For information on Trimble authorized logo and trademark use programs, you may contact firstname.lastname@example.org.
U.S. Government Restricted Rights
This Site is administered by Trimble from its offices at Sunnyvale, California, in the United States of America. Trimble makes no representation that Materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where the Materials are illegal is prohibited. You may not use or export or re-export the Materials at 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.
Choice of Law and Forum
Digital Millennium Copyright Act
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Trimble’s DMCA administrator the written information specified below, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2).
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site, including the auction ID number, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Trimble's DMCA administrator for notice of claims of copyright infringement on the Site can be reached as follows:
935 Stewart Drive
Sunnyvale, CA 94085