By downloading, installing or using Trimble software or any portion thereof “Trimble Software” you agree to the following terms and conditions the “Terms and Conditions”. The Trimble Software, and any portion thereof, are referred to herein as the “Software”. By agreeing to these Terms and Conditions, you represent that you are 18 years old or older and capable of entering into a legally binding agreement. If you are a business entity, you also represent that you are duly authorized to do business in the country or countries where you operate and that your employees, officers, representatives, and other agents accessing the Service are duly authorized to access the Service and to legally bind you to these Terms of Service.
By downloading, installing or using Trimble software or any portion thereof “Trimble Software” you agree to the following terms and conditions the “Terms and Conditions”. The Trimble Software, and any portion thereof, are referred to herein as the “Software”. By agreeing to these Terms and Conditions, you represent that you are 18 years old or older and capable of entering into a legally binding agreement.
If you are a business entity, you also represent that you are duly authorized to do business in the country or countries where you operate and that your employees, officers, representatives, and other agents accessing the Service are duly authorized to access the Service and to legally bind you to these Terms of Service.
In these Terms and Conditions, “Trimble Services” means any of Trimble’s products, software, services and web sites. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Trimble, in the manner permitted by these Terms and Conditions. You may not and you may not permit anyone else to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Trimble, in writing.
Unless Trimble has given you a specific written permission to do so, you may not assign or grant a sub-license of your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You may not use the Trimble Software in any manner that could damage, disable, overburden, or impair Trimble’s services e.
The Software allows you to access and view certain content, including photographic imagery sub-licensed to Trimble by Google Inc. You may not use, access or allow others to use or access the Google Content in any manner not permitted under the Terms and Conditions, unless you have been specifically permitted to do so by Trimble, Google or by the owner of that Content, in a separate agreement. The Photo Textures feature provides access to certain Google-owned Street View imagery, which has been licensed by Google to Trimble, to enable creation of photo-textured models the “Street View Content”.
Trimble grants you a personal, worldwide, royalty-free, non-assignable and non- exclusive sub-license to use, reproduce, modify, publicly perform and publicly display, and create derivative works of the Street View Content as embodied in a model created with the Photo Textures feature a “Photo Textures Model”.
Without Trimble or Google’s prior written authorization, you may not use or distribute a Photo Textures Model in a mapping or geographic application or service other than a Google owned and operated service, such as Google Earth. Trimble SketchUp Pro is made available to you without charge on a trial basis for your evaluation purposes of its functionality for a limited time, as may be determined by Trimble from time to time in its sole discretion.
The time remaining during the trial will be displayed within the Software. To continue using the Pro functionality after the expiration of the trial period, you must pay the applicable license fee at http: You may decide to purchase the license without going through the evaluation process and may choose to pay the applicable license fee upon which you will receive the license activation number which is required to use the Pro functionality perpetually.
Accordingly, by using the Software you consent to any transfer of such information outside of your country. You acknowledge and agree that Trimble may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: Trimble will not be responsible or liable for the exercise or non-exercise of rights under these Terms and Conditions.
You agree that you will not, and will not allow any third party to, i copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software, unless otherwise permitted, ii take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality including without limitation digital rights management functionality contained in the Software, iii use the Software to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or iv remove, obscure, or alter Trimble’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software.
The Software allows you to request and receive Updates automatically, and does so by default, though you have the choice to disable this feature. Likewise, you will need to take action to download and install the software on your computer as this action does not happen automatically.
If the user of the Software is an agency, department, employee, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Software, including technical data or manuals, is restricted by the terms, conditions and covenants contained in these Terms and Condition. In accordance with Federal Acquisition Regulation When the end user is an instrumentality of the US Government, the following terms apply: This agreement is a contract with the US Government and becomes effective when signed by the contractor and the US Government Contracting Officer as an addenda to the Contract.
This agreement shall not operate to bind a government employee or person acting on behalf of the government in his or her personal capacity. The indemnity requirement of this agreement shall not apply against the US Government; recourse against the United States for any alleged breach of this agreement must be made under the terms of the Federal Tort Claims Act or as a dispute under the contract disputes clause Contract Disputes Act as applicable.
Venue and jurisdiction of any disputes are determined by the applicable federal statute. You agree to i comply with the requirements of the U. Department of State’s Debarred List, or on the U. Department of Treasury’s lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists, iii not export, or re-export the Software to any military entity not approved under the EAR, or to any other entity for any military purpose, and iv not license, sell, provide or distribute the Software for use in connection with chemical, biological, or nuclear weapons or missiles capable of delivering such weapons.
Your rights automatically and immediately terminate without notice from Trimble if you fail to comply with any provision of these Terms and Conditions. In such event, you must immediately delete the Software.
INDEMNITY You agree to hold harmless and indemnify Trimble and its subsidiaries, affiliates, officers, agents, and employees from and against any claim, suit or action arising from or in any way related to your use of the Software or your violation of these Terms and Conditions, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
In such a case, Trimble will provide you with written notice of such claim, suit or action. Accordingly, your use of such Trimble Software is also defined by Google’s Terms of Service located at http: These Terms and Conditions constitute the entire agreement between you and Trimble relating to the Software and govern your use of the Software. This agreement can only be modified if agreed upon by Trimble and you in writing.
The official canonical version of these Terms and Conditions can be found online at http: These Terms and Conditions may change at any time. These Terms and Conditions and the relationship between you and Trimble shall be governed by the laws of the State of California without regard to its conflict of law provisions.
You and Trimble agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The failure of Trimble to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Software or these Terms and Conditions must be filed within one 1 year after such claim or cause of action arose or be forever barred.
The section headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.
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