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Confidential Information may he 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 Warrantv,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,forthe 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 (ii) 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 OBTAINED THROUGH USE OF THE 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 or failure
<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.arislag 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 23(Restrictions),4(Customer Obligations),6.1(Third-Party Materials),
<br /> 6.2(Offering Content),or 6.4(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.Customerwill 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 /> j 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 Ilcensee 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
<br /> for military purposes.The Offerings were developed fully at private expense.All other use is prohibited.
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