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Confidential Information (excluding Customer Data, which Is addressed in Section 3 (Date Usage and Ownership)). Customer Data and other
<br />Confidential Information may be retained in the receiving party's standard backups after deletion but will remain subject to the Agreement's
<br />confidentiality restrictions.
<br />8.4 Survival. In reference to Section 4.3 of the General Terms (Survival), the following Sections of these Software Terms survive any expiration or
<br />termination of the Agreement; 1 (Definitions), 2.3 (Restrictions), 3.1 (Data Usage and Ownership), 4 (Customer Obligations), 8.3 (Effect of
<br />Termination), 8.4 (Survival), 9.3 (Additional Disclaimers), and 10 (Indemnification). Except where an exclusive remedy is provided, exercising a
<br />remedy under the Agreement, including termination, does not limit other remedies a party may have.
<br />9. Warranties and Additional Disclaimers.
<br />9.1 Limited Warranty. Subject to the Agreement and any mandatory Laws to the contrary, Trimble warrants to Customer that during the Warranty
<br />Period, the Offerings will perform materially as described in the Documentation. The "Warranty Period" Is (a) 90 days for Licensed Software
<br />licensed on a perpetual basis, and (b) for the duration of the applicable Subscription Term, for any Subscriptions. Notwithstanding the foregoing,
<br />Trimble makes no warranties with respect to Correction Services, which are provided as -is and as -available.
<br />9.2 Warranty Remedy.
<br />(a) If the Offering fails to conform to Section 9.1 (Limited Warranty) during the Warranty Period, Customer may make a reasonably detailed
<br />warranty claim within 30 days of discovering the Issue. For any such claims reported by Customer within such period that Trimble
<br />determines are valid, Trimble will correct such non -conformity by Issuing corrected instructions, a restriction, or a bypass, or by replacing
<br />the Offerings, at Trimble's option. Subject to any mandatory Laws to the contrary, these procedures are Customer's exclusive remedy,
<br />and Trimble's entire liability, for the failure of the Offerings to conform to the warranty in Section 9.1 (Limited Warranty).
<br />(b) The foregoing limited warranty only applies if and to the extent that (i) any Offering associated with the warranty is properly and correctly
<br />installed, configured, interfaced, maintained, stored, and operated in accordance with the Documentation, and (il) any Offerings
<br />associated with the warranty is not modified or misused. The foregoing limited warranty does not apply to (1) issues caused by
<br />unauthorized use or modifications; (2) unsupported or unauthorized versions of any Offerings; (3) operating the Offerings under any
<br />specification other than, or in addition to, the Documentation; (4) issues in or resulting from Dependencies, Compatibilities, or third -
<br />party systems, products, or services; or (5) Free Versions, Trials and Betas or other similar versions.
<br />9.3 Additional Disclaimers. Trimble makes the following disclaimers In addition to Section 6 (Warranty Disclaimer) in the General Terms.
<br />(a) General. TRIMBLE MAKES NO EXPRESS WARRANTY THAT CUSTOMER'S USE OF THE OFFERINGS WILL BE UNINTERRUPTED, ERROR -FREE, OR
<br />FREE OF VIRUSES OR OTHER MALWARE OR PROGRAM LIMITATIONS; THAT TRIMBLE WILL REVIEW CUSTOMER DATA FOR ACCURACY; OR THAT
<br />TRIMBLE WILL MAINTAIN CUSTOMER DATA OR OTHER DATA WITHOUT LOSS. TRIMBLE IS NOT LIABLE FOR DELAYS, FAILURES, OR PROBLEMS
<br />INHERENT IN USE OF THE INTERNET, SATELLITES, ELECTRONIC COMMUNICATIONS, OR OTHER SYSTEMS OUTSIDE TRIMBLE'S CONTROL.
<br />TRIMBLE WILL NOT BE LIABLE IN ANY MANNER FOR THE OUTPUT OBTAINEDTHROUGH USE OFTHE OFFERINGS OR CUSTOMER'S RELIANCE ON
<br />SUCH OUTPUT. CUSTOMER IS RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT, AND CONTROL OF CUSTOMER'S USE OF THE OFFERINGS.
<br />THIS RESPONSIBILITY INCLUDES THE DETERMINATION OF APPROPRIATE USES FOR THE OFFERINGS AND THE SELECTION OF THE OFFERINGS TO
<br />ACHIEVE INTENDED RESULTS. ANY FORMS, POLICIES, OR OTHER MATERIALS PROVIDED BY TRIMBLE THROUGH THE OFFERINGS OR
<br />DOCUMENTATION ARE NOT INTENDED AND SHOULD NOT BE RELIED UPON AS LEGAL ADVICE OR LEGAL OPINION. CUSTOMER SHOULD
<br />CONSULT ITS OWN LEGAL COUNSEL REGARDING THE USE OF ANY SUCH MATERIALS. CUSTOMER IS ALSO RESPONSIBLE FOR ESTABLISHING THE
<br />ADEQUACY OF INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY AND ACCURACY OF ANY OUTPUT OF THE OFFERINGS. CUSTOMER
<br />MAY HAVE OTHER STATUTORY RIGHTS, BUT ANY STATUTORILY REQUIRED WARRANTIES WILL BE LIMITED TO THE SHORTEST LEGALLY
<br />PERMITTED PERIOD.
<br />(b) Correction Services Disclaimers. Customer acknowledges that the Correction Services and related network access are subject to transmission
<br />limitations caused by a variety of factors such as atmospheric conditions, topographical obstructions, limitations or lack of coverage of the
<br />underlying carrier service and other natural or manmade conditions. Additionally, motor and ignition noise, metal shielding, and interference by
<br />users of the same or adjacent radio channels may limit or interfere with Correction Services. Trimble is not responsible for the operation orfailure
<br />of operation of GNSS satellites or the availability of GNSS satellite signals.
<br />(c) Third -Party Materials. Third -Party Materials are provided "AS IS" and Customer assumes all risk and liability regarding any use of (or results
<br />obtained through) Third -Party Materials. Trimble and its suppliers make no warranty or guarantee with respect to any Third -Party Materials,
<br />Including regarding their accuracy or continued availability or compatibility.
<br />(d) Dependencies and Compatibilities. Trimble makes no warranty or guarantee with respect to any Dependencies, Compatibilities, or other
<br />factors outside of Trimble's control, including their continued availability or compatibility.
<br />(e) Prohibited Data. Trimble and Its suppliers specifically disclaim any responsibility for, and will not be liable in any manner arising from, any use
<br />of the Offerings in connection with Prohibited Data.
<br />10. Indemnification. Customer will defend, indemnify, and hold harmless Trimble from and against any and all third -party claims, costs, damages,
<br />losses, liabilities, and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with (a) any Customer Data,
<br />Dependencies, or Compatibilities, or (b) Customer's breach of Sections 2.3 (Restrictions), 4 (Customer Obligations), 6A (Third -Party Materials),
<br />6.2 (Offering Content), or 6A (Third -Party Application Stores) (each, a "Claim"). Trimble will give Customer prompt written notice of any Claim
<br />and will cooperate in relation to the Claim at Customer's expense. Customer will have the exclusive right to control and settle any Claim, except
<br />that Customer may not settle a Claim without Trimble's prior written consent (not to be unreasonably withheld) if the settlement requires
<br />Trimble to admit any liability, pay any amounts or take any action or refrain from taking any action (other than ceasing use of infringing
<br />materials). Trimble may participate in the defense of any Claim at its expense.
<br />11. Government End -Users. Elements of the Offerings are commercial computer software. If the user or licensee of the Offerings is an agency,
<br />department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer
<br />of the Offerings or any related documentation of any kind, Including technical data and manuals, is restricted by the terms of the Agreement in
<br />accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202
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