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the Documentation, permit any individual other than an Authorized User to access or use the Offering Content and any derivative thereof, or (ix)
<br />make any portion of the Third -Party Materials available to the public in any manner. Upon notice from Trimble and/or any termination or
<br />expiration of the Term, Customer will immediately cease using and delete/destroy all electronic and physical copies of Third -Party Materials.
<br />6.3 Open Source. The Offerings may incorporate third -party open source software ("Open Source'), as listed in the Documentation or otherwise
<br />made available by Trimble. To the extent the terms of the Open Source license prohibit the terms of the Agreement from applying to the Open
<br />Source, the terms of the Open Source license will apply to the Open Source on a stand-alone basis instead of the Agreement.
<br />6.4Third-Party Application Stores.
<br />(a) Purchase from Application Store. If Customer obtains the Offering (or portions thereof) through a third -party application store, marketplace,
<br />or other site or service (each, an "Application Store"), such Application Store is considered a reseller. All fees are non-refundable once paid.
<br />Customer's download of the Offering may be subject to other terms as specified by the operator of the Application Store from which Customer
<br />downloaded the Offering.
<br />(b) Apple -Specific Terms. If Customer downloaded the Offering from Apple. Inc.'s ("Apple') Application Store, the following terms are part of the
<br />Agreement. The Agreement is between Customer and Trimble, and not with Apple. However, as required by Apple, Apple and its subsidiaries will
<br />be third -party beneficiaries of the Agreement and will have the right (and will be deemed to have accepted the right) to enforce the Agreement
<br />against Customer as a third -party beneficiary, To the maximum extent permitted by Law, Apple will have no warranty obligation with respect to
<br />the Offering, and, as between Apple and Trimble, any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to
<br />conform to a warranty will be Trimble's responsibility. Apple has no obligation whatsoever to furnish any maintenance or support services with
<br />respect to the Offering. As between Trimble and Apple, Trimble is solely responsible for the Offering and for addressing any claims Customer or
<br />any third parties have about the Offering or Customer's possession or use of the Offering, including without limitation (1) product liability claims;
<br />(ill any claim that the Offering fails to conform to any applicable legal or regulatory requirement; and (III) claims arising under consumer protection
<br />or similar legislation. In the event of any third -party claim that the Offering or Customer's possession or use of the Offering infringes that third
<br />party's intellectual property rights, Apple will not be responsible for the investigation, defense, settlement, or discharge of such claim.
<br />6.5 Security for SaaS or Hosting Services for Licensed Software. This Section 6.5 (Security for SaaS or Hosting Services for Licensed Software) applies
<br />to Offerings that are SaaS or hosting services for Licensed Software. During the Term, Trimble or its third party hosting provider(s) will use
<br />commercially reasonable efforts to establish and maintain reasonable administrative, physical, and technical safeguards designed to protect (a)
<br />the security, confidentiality, and integrity of Customer Data; (b) against anticipated threats or hazards to the security, confidentiality, and integrity
<br />of Customer Data; (c) against unauthorized access to or use of Customer Data; and (d) against unlawful processing, accidental destruction, or loss
<br />of Customer Data. In the event Trimble is not in breachof the foregoing obligationsand an unauthorized third party nonetheless gains access to
<br />the Customer Data, such disclosure of Customer Data in such circumstances shall not be a breach of Section 9 (Confidentiality) of the General
<br />Terms. In the event of any conflict between the terms of Section 9 (Confidentiality) of the General Terms and this Section 6.5 (Security for SaaS or
<br />Hosting Services for Licensed Software); the terms of this Section 6.5 (Security for SaaS or Hosting Services for Licensed Software) will control.
<br />6.6 Third -Party Access.
<br />(a) Generally. Customer authorizes Trimble to grant access to its instances of the Offerings and share Customer Data with any third -party
<br />Authorized Users or as otherwise Instructed by Customer. Customer is solely responsible for such third -parties' compliance with the Agreement
<br />and for any and all acts or omissions of any such third parties. Such third parties are considered Representatives, as that term is defined and used
<br />in Section 9 (Confidentiality) of the General Transaction Terms. Such third parties are not intended third -party beneficiaries under the Agreement.
<br />Trimble shall have no liability for any act or omission of any such third party, including by way of access or use of the Offerings or Customer Data.
<br />Such third -party access or use of the Offerings must be solely and exclusively for the benefit of Customer (or its Affiliates, if applicable), and any
<br />other purpose is prohibited. For clarity, as between Customer and any such third parties, any data or other information uploaded by such third
<br />party to the Offerings on Customer's behalf will be deemed Customer Data of Customer.
<br />(b) Customer as a Third -Party. In the event that Customer is invited to access an Offering as a third party, any data or other information uploaded
<br />by Customer on behalf of such third party shall be deemed "Customer Data" of such third party.
<br />7. Support. If Customer is eligible for Support and pays any applicable fees, Trimble will make such Support available in accordance with the
<br />Support Terms or as Trimble may otherwise expressly provide in writing. Unless otherwise set forth in writing by Trimble, Support is not available
<br />for Free Versions or Trials and Betas.
<br />8. Term and Termination.
<br />8.1 Perpetual License. If Customer purchases a perpetual license to Licensed Software, Customer's license to the Licensed Software will continue
<br />in perpetuity subject to the terms and conditions of the Agreement. Support for Licensed Software is purchased separately unless otherwise
<br />indicated by Trimble in writing or on an Order.
<br />8.2 Subscriptions.
<br />(a) Subscription Term. If Customer purchases access to a SaaS or a license to Licensed Software for a limited period of time, the duration of the
<br />initial term and any renewals are as set forth in the Order (collectively, the "Subscription Terms)"). Notwithstanding anything to the contrary in
<br />the Order, the start date for each Subscription Term for each Offering will begin on the Provision Date for that Offering. For clarity, each Offering
<br />may have a different Provision Date.
<br />(b) Additional Subscriptions. If Customer previously purchased one or more Subscriptions for a particular Offering ("Existing Subscription(s)") and
<br />subsequently purchases one or more additional Subscriptions (for any Offering) while the Existing Subscription(s) is in effect (the "Additional
<br />Subscription(s)"), the duration of the Subscription Term for the Additional Subscription will be as set forth in the Order. Unless otherwise set forth
<br />by Trimble in writing, all Customer's Subscriptions shall have the same end date and Trimble may invoice all fees for all such Subscriptions on a
<br />single invoice.
<br />8.3 Effect of Termination. Upon expiration or termination of the Agreement or the Order, Customer's right to use the Offerings will cease and
<br />Customer will immediately cease any and all use of and access to the Offerings and will delete (or, upon request, return) all copies of any Offerings.
<br />At the disclosing party's request upon expiration or termination of the Agreement, the receiving party will delete all of the disclosing party's
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