Trimble + RFK Racing: A winning partnership
Last modified: May 2025
Subject to your compliance with these Terms of Use, Trimble Inc. and its affiliates (“we”, “us”, or “our”) grants the user installing, using, and/or accessing a mobile application that references these Terms of Use (together with the user guide or other documentation for the application, the “Software”, and such user, “you” or “your”), a limited, revocable, non-assignable, non-exclusive, and non-transferable license to download, install, access, and use the Software for internal business purposes on a single device owned or otherwise controlled by you, solely in connection with and during your participation in the Trimble event for which this Software has been made available. You represent that you are legally able to accept these Terms of Use and are at least 18 years old. You accept these Terms of Use by either (a) acknowledging your acceptance if prompted; and/or (b) installing, using, and/or accessing the Software. If you do not agree with these Terms of Use, you must not use the Software.
If you use the Software to transmit data (“Your Data”), you agree that you will have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of Your Data. Your Data will remain your property. Notwithstanding the foregoing or anything in these Terms of Use to the contrary you give us the royalty-free, irrevocable, perpetual right (i) to use Your Data to provide our products, software, and services to you and to improve and support our and our affiliates’ products, software, and services, and (ii) to aggregate and anonymize Your Data and to use and allow our affiliates to use such aggregated and anonymized data, as well as data regarding your use of our Software and summary or derivative information based thereon, for our and our affiliates’ analytical and other business purposes during and following the term of the Agreement, provided that you will not be identified as the source of such information. You will use the Software in compliance with all applicable federal, state, provincial, and local laws, rules, regulations, codes, and ordinances. You are responsible for providing and maintaining the necessary hardware, software, and connectivity to install, use, and/or access the Software. If you provide any ideas, suggestions, or other feedback to us related to the Software or our other products or services (“Feedback”), you agree that the Feedback will be non-confidential and we will be free to use the Feedback for any purpose without compensation to you.
The Software is licensed to you, not sold, and you acquire no ownership interest through your use of the Software. We and/or our licensors are the owners of all right, title, and interest, including intellectual property rights, in the Software and any improvements, modifications, and changes to the Software. The Software and the content on or accessed via it are protected by copyright and other intellectual property laws and treaties around the world, including without limitation copyright and trademark laws. You may not modify, translate, adapt, or otherwise create derivative works or improvements (whether or not patentable) of the Software. You may not rent, lease, lend, sell, redistribute, or sublicense the Software. You may not copy, decompile, reverse engineer, disassemble, attempt to derive or gain access to the source code of, modify, or create derivative works of the Software, any updates or upgrades, or any part thereof. You may not remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Software, including any copy thereof. Trimble and/or any other names of products or services provided by us and referred to on or through the Software are either trademarks or registered trademarks of Trimble Inc. and/or its affiliates.
You acknowledge that when you download, install, or use the Software, we and/or our licensors may use automatic means (including, for example, web beacons) to collect information about your device and about your use of the Software. All information we collect through the Software is governed by the Trimble Privacy Notice available on the Trimble Privacy Center at http://www.trimble.com/privacy.
These Terms of Use are effective until terminated by you or us. You may terminate these Terms of Use at any time by ceasing use of the Software and deleting all copies of the Software located on your computers, devices, or servers. We may terminate or suspend your access to all or part of the Software for any reason at any time without liability to you. If you violate these Terms of Use, your right and license to use the Software granted herein will automatically terminate. Termination will be in addition to, and not in lieu of, any equitable or legal remedies available to use for your breach. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease, you will immediately cease using or accessing the Software, and you will irretrievably delete any copies of the Software located on your computers, devices, or servers.
THE SOFTWARE AND ALL DATA CONTAINED OR ACCESSIBLE THEREIN ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND, THAT THAT ALL “PUSH” MESSAGES OR OTHER NOTIFICATIONS OR COMMUNICATIONS PROVIDED THROUGH THE SOFTWARE WILL BE DELIVERED, OR THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF OPPORTUNITY, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, OR LOSS OF PROFITS RESULTING FROM THE USE OF THE SOFTWARE. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR TRIMBLE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
We reserve the right to amend or modify these Terms of Use, or any portion of these Terms of Use. In the event of an amendment or modification, we will notify you of the updated version of the Terms of Use, e.g., via notice through the Software. If you do not want to agree to the updated version, you must terminate these Terms of Use by uninstalling the Software within ten (10) calendar days of the date notice of the change is sent to you. Otherwise, you will be deemed to have accepted the updated version of the Terms of Use, and the prior version of the Terms of Use will be superseded by the updated version of the Terms of Use.
These Terms of Use, together with the Trimble Privacy Notice, constitutes the entire agreement of the parties with respect to your installation, use, and/or access to the Software, and supersedes any prior or contemporaneous oral or written disclosures or representations by us. The limited rights granted to you under these Terms of Use are for your sole benefit, and are not to be construed as conferring any rights on any other person or entity. You may not assign your rights under these Terms of Use without our prior written permission, and any attempt by you to do so shall be void. We may assign our rights and responsibility hereunder without notice. These Terms of Use (including any dispute arising under or interpretation of) will be governed exclusively by, and construed and enforced exclusively in accordance with, the laws of the State of Delaware, United States of America without regard to or application of its conflicts-of-laws provisions. Any legal proceeding arising out or relating to this Agreement will be subject to the sole and exclusive jurisdiction of the federal and state courts located in Wilmington, Delaware, to the exclusion of all other courts and venues, and each party irrevocably consents to the sole and exclusive jurisdiction and venue of the federal and state courts located in Wilmington, Delaware and waives any right to object thereto. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE. The parties have specifically requested that these Terms of Use be drafted in English. Les parties ont spécifiquement demandé que cette entente soit rédigée en anglais. You agree that no provision of the Uniform Computer Information Transactions Act (“UCITA”) is intended to apply to the interpretation of these Terms of Use, whether or not UCITA is enacted in the State in which the law governs these Terms of Use. We may engage the services of subcontractors or agents in connection with the Software. You and we are independent contractors. No waiver of any provision or breach of these Terms of Use (a) will be effective unless made in writing, or (b) will operate as or be construed to be a continuing waiver of such provision or breach. Any failure by us to enforce any of our rights under these Terms of Use or any applicable laws will not constitute a waiver of such right. If any provision of these Terms of Use is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Use will continue in full force and effect.