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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 Appllcation Stores.
<br /> (a)Purchase from Aoprication 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 faliure 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(i)product liability claims;
<br /> (ii)any claim thatthe Offering fails to conform to anyapplicable legal or regulatory requirement;and(iii)claims arising under consumer protection
<br /> or similar legislation. In the event of any thlyd-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 breach of the foregoing obligations and 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 forsaaS 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 oromissions 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 underthe 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 Term(s)").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 5ubscription(s)")and
<br /> subsequently purchases one or more additional Subscriptions (for any Offering)while the Existing Subscription(s) is in effect(the "Additional
<br /> Subscriptions)"),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 ali 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 tothe 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
<br /> Confidential Information (excluding Customer Data, which is addressed in Section 3 (Date Usage and Ownership)). Customer Data and other
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