Руководство пользователя контроллера серии GeoExplorer 2008 3 Software error corrections, updates and upgrades subsequently furnished by Trimble, unless such are accompanied by different license terms and conditions, which will govern their use. You have acquired a Trimble Product ("Device") that includes Software, some of which was licensed by Trimble from Microsoft Corporation or its affiliates (collectively "Microsoft"). The Software licensed from Microsoft, as well as associated updates, supplements, internet-based services and support services, media, printed materials, and "online" or electronic documentation ("Microsoft Software"), are protected under this EULA. The Software is also protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. BY USING THE SOFTWARE, INCLUDING USE ON THIS DEVICE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE DEVICE OR SOFTWARE. INSTEAD CONTACT TRIMBLE FOR A REFUND OR CREDIT. As described below, using some features also operates as your consent to the transmission of certain standard computer information for Internet- based services. WARNING: If the Software contains voice operated technologies, then operating this Software requires user attention. Diverting attention away from the road while driving can possibly cause an accident or other serious consequence. Even occasional, short diversions of attention can be dangerous if your attention is diverted away from your driving task at a critical time. Trimble and Microsoft make no representations, warranties or other determinations that ANY use of this Software is legal, safe, or in any manner recommended or intended while driving or otherwise operating a motor vehicle. This EULA does not grant you any rights with respect to the Windows Mobile Device Center, Microsoft ActiveSync or Microsoft Outlook 2007 Trial which are subject to the licenses accompanying those items. 1 SOFTWARE PRODUCT LICENSE 1.1 License Grant. Subject to the terms and conditions of this EULA, Trimble grants you a non-exclusive right to use one copy of the Software in a machine-readable form only as installed on the Device. Such use is limited to use with the Device for which it was intended, as set forth in the product documentation. The Device Software is licensed with the Device as a single integrated product. The Device Software installed in read only memory (“ROM”) of the Device may only be used as part of the Device into which it was embedded. You may use the installation Software from a computer solely to download the Software to one Device. In no event shall the installation Software be used to download the Software onto more than one Device. A license for the Software may not be shared or used concurrently on different computers or Devices. 1.2 Scope of License. This EULA only gives you some rights to use the Software. Trimble and Microsoft reserve all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Software only as expressly permitted in this EULA. In doing so, you must comply with any technical limitations in the Software that allow you to use it only in certain ways. Except as expressly provided in this EULA, rights to access the Software on this Device do not give you any right to implement Microsoft patents or other Microsoft intellectual property in software or devices that access this device. You may use remote access technologies in the software such as Remote Desktop Mobile to access the Software remotely from a computer or server. You are responsible for obtaining any licenses required for use of the protocols to access other software. 1.3 Proof of License. If you acquired the Software on the Device, or on a disc or other media, a genuine Certificate of Authenticity label with a genuine copy of the Software identifies licensed software. To be valid, this label must be affixed to the Device, or included on or in the software packaging. If you receive the label separately, it is not valid. You should keep the label on the device or packaging to prove that you are licensed to use the Software. To identify genuine Microsoft Software, see http://www.howtotell.com 1.4 Connectivity Software. Your Device package may include Windows Mobile Device Center or Microsoft ActiveSync software. If it is included, then you may install and use it in accordance with the license terms that are provided with it. If no license terms are provided, then you may install and use only one (1) copy of the Software on a single computer. 1.5 Digital Certificates. The Software uses digital certificates in X.509 format. These digital certificates are used for authentication. 1.6 Phone Functionality. If the Device Software includes phone functionality, all or certain portions of the Device Software may be inoperable if you do not have and maintain a service account with a wireless telecommunication carrier (“Mobile Operator”), or if the Mobile Operator’s network is not operating or configured to operate with the Device. 1.7 Upgrade Software. In the event that any upgrades to the Software, including Microsoft Software, are provided under this EULA, then the following shall apply: you may follow the applicable instructions accompanying this Software and install one (1) copy of the Software on one (1) Device presently containing a licensed copy of a predecessor version of the Software (unless this EULA indicates that this Software copy has been licensed for installation on multiple Devices). NO REPRESENTATION OR WARRANTY IS MADE BY TRIMBLE OR MICROSOFT WITH RESPECT TO THE COMPATIBILITY OF THIS SOFTWARE WITH ANY DEVICE OR ANY OTHER EXISTING SOFTWARE OR DATA OF ANY KIND CONTAINED ON SUCH DEVICES, AND NEITHER TRIMBLE OR MICROSOFT SHALL BE RESPONSIBLE IN ANY REGARD WITH RESPECT TO ANY LOSS, CORRUPTION, MODIFICATION OR INACCESSIBILITY OF ANY DATA, APPLICATIONS OR OTHER SOFTWARE RESULTING FROM THE INSTALLATION OF THE SOFTWARE ON ANY DEVICE. 1.8 Internet-Based Services Components. Microsoft provides Internet- based services with the software. Microsoft may change or cancel them at any time. The Microsoft Software features described below connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. You may switch off some of these features or not use them. For more information about these features, visit http://go.microsoft.com/fwlink/?LinkId=81931 . By using these features, you consent to the transmission of this information. Microsoft does not use the information to identify or contact you. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means. 1.9 Device Information. The following features use Internet protocols, which send to the appropriate systems device information, such as your Internet protocol address, the type of operating system, browser and name and version of the Software you are using, and the language code of the Device where you installed the Software. Microsoft uses this information to make the Internet-based services available to you. a) Update Features: Windows Mobile Update feature provides you the ability to obtain and install Software updates on your Device if updates are available. You may choose not to use this feature. Trimble and/or your Mobile Operator may not support this feature or an update for your device. b) Security Updates/Digital Rights Management. Content owners use Windows Media digital rights management technology (WMDRM) to protect their intellectual property, including copyrights. This software and third party software use WMDRM to play and copy WMDRM-protected content. If the software fails to protect the content, content owners may ask Microsoft to revoke the software's ability to use WMDRM to play or copy protected content. Revocation does not affect other content. When you download licenses for protected content, you agree that Microsoft may include a revocation list with the licenses. Content owners may require you to upgrade WMDRM to access their content. Microsoft software that includes WMDRM will ask for your consent prior to the upgrade. If you decline an upgrade, you will not be able to access content that requires the upgrade. 1.10 Additional Software/Services. The Device Software may permit Trimble, Microsoft, their affiliates and/or their designated agent to provide or make available to you Software updates, supplements, add- on components, or Internet-based services components of the Software after the date you obtain your initial copy of the Software (“Supplemental Components”). 1.10.1 If Trimble provides or makes available to you Supplemental Components and no other end user license agreement terms are provided along with the Supplemental Components, then the terms of this EULA shall apply. 1.10.2 If Microsoft, its affiliates and/or its designated agent makes available Supplemental Components, and no other end user license agreement terms are provided, then the terms of this EULA shall apply, except that the Microsoft entity or affiliate entity providing the Supplemental Component(s) shall be the licensor of the Supplemental Component(s). 1.10.3 Trimble, Microsoft and each of their affiliates and/or their designated agents reserve the right to discontinue any Internet- based services provided to you or made available to you through the use of the Device Software. 1.11 Links to Third Party Sites. If the Software provides links to third party websites, those links are provided to you only as a convenience, and the inclusion of any link does not imply an endorsement of the third party website by Microsoft or Trimble. 1.12 Other Rights and Limitations. (1) The Software contains valuable trade secrets proprietary to Trimble and its suppliers. To the extent permitted by relevant law, you shall not, nor allow any third party to copy, decompile, disassemble or otherwise reverse engineer the Software, or attempt to do so, provided, however, that to the extent any applicable mandatory laws (such as, for example, national laws
4 Руководство пользователя контроллера серии GeoExplorer 2008 implementing EC Directive 91/250 on the Legal Protection of Computer Programs) give you the right to perform any of the aforementioned activities without Trimble's consent in order to gain certain information about the Software for purposes specified in the respective statutes (i.e., interoperability), you hereby agree that, before exercising any such rights, you shall first request such information from Trimble in writing detailing the purpose for which you need the information. Only if and after Trimble, at its sole discretion, partly or completely denies your request, may you exercise such statutory rights. (2) This Software is licensed as a single product. You may not separate its component parts for use on more than one computer nor make more copies of the software than specified in this EULA. (3) You may not rent, lease, or lend the Software. (4) No service bureau work, multiple- user license or time-sharing arrangement is permitted. For purposes of this EULA “service bureau work” shall be deemed to include, without limitation, use of the Software to process or to generate output data for the benefit of, or for purposes of rendering services to any third party over the Internet or other communications network. (5) You may make one backup copy of the Software. You may use it only to reinstall the Software on the Device. (6) You may transfer the Software only with the Device, the Certificate of Authenticity label, and these license terms directly to a third party. Before the transfer, that party must agree that these license terms apply to the transfer and use of the Software. You may not retain any copies of the Software including the backup copy. (7) The Software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Software. These laws include restrictions on destinations, end users, and end use. For additional information see http://www.microsoft.com/exporting . (8) Without prejudice as to any other rights, Trimble may terminate this EULA without notice if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts. (9) If the Microsoft Software includes speech recognition component(s), you should understand that speech recognition is an inherently statistical process and that recognition errors are inherent in the process. Neither Trimble, Microsoft, nor any of their suppliers shall be liable for any damages arising out of errors in the speech recognition process. (10) You may not publish the Software for others to copy. (11) You may not use the Software for commercial software hosting services. 1.13 Notice Regarding the MPEG-4 Visual Standard. The Software may include MPEG-4 visual decoding technology. This technology is a format for data compression of video information. MPEG LA, L.L.C. requires this notice: USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG-4 VISUAL STANDARD IS PROHIBITED, EXCEPT FOR USE DIRECTLY RELATED TO (A) DATA OR INFORMATION (i) GENERATED BY AND OBTAINED WITHOUT CHARGE FROM A CONSUMER NOT THEREBY ENGAGED IN A BUSINESS ENTERPRISE, AND (ii) FOR PERSONAL USE ONLY; AND (B) OTHER USES SPECIFICALLY AND SEPARATELY LICENSED BY MPEG LA, L.L.C. If you have questions about the MPEG-4 visual standard, please contact MPEG LA, L.L.C., 250 Steele Street, Suite 300, Denver, CO 80206; www.mpegla.com. 1.14 If the Device Software is provided by Trimble separate from the Device on media such as a ROM chip, CD ROM disk(s) or via web download or other means, and is labeled “For Upgrade Purposes Only” you may install one (1) copy of such Device Software onto the Device as a replacement copy for the existing Device Software and use it accordance with this EULA, including any additional end user license agreement terms accompanying the upgrade Device Software. 1.15 If any software component(s) is provided by Trimble separate from the Device on CD ROM disc(s) or via web download or other means, and labeled “For Upgrade Purposes Only,” you may (i) install and use one (1) copy of such component(s) on the computer(s) you use to exchange data with the Device as a replacement copy for the existing Companion CD component(s). 1.16 Copyright. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text and “applets,” incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by Trimble, or Microsoft (including Microsoft Corporation), and their respective suppliers. You may not copy the printed materials accompanying the Software. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. You shall not remove, cover or alter any of Trimble’s patent, copyright or trademark notices placed upon, embedded in or displayed by the Software or on its packaging and related materials. All rights not specifically granted in this EULA are reserved by Trimble, Microsoft, and their respective suppliers. 1.17 U.S. Government Restricted Rights. The Software is provided with “RESTRICTED RIGHTS”. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in this EULA, and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14(ALT III), as applicable. 1.18 Microsoft has contractually obligated Trimble to include the following terms in this EULA: Product Support. The Product support for the Software is not provided by Microsoft or its affiliates or subsidiaries. For product support, please refer to the Trimble support number provided in the documentation for the Device. Not fault tolerant. The Software is not fault tolerant. Trimble installed the Software on the Device and is responsible for how it operates on the Device. Restricted user. The Microsoft Software was designed for systems that do not require fail-safe performance. You may not use the Microsoft Software in any device or system in which a malfunction of the Microsoft Software would result in foreseeable risk of injury or death to any person. This includes operation of nuclear facilities, aircraft navigation or communication systems and air traffic control. No warranties for the software. Microsoft gives no express warranties, guarantees or conditions regarding the Microsoft Software. Any warranties you receive regarding the Device or the Software do not originate from, and are not binding on, Microsoft or its affiliates. When allowed by your local laws, Trimble and Microsoft exclude implied warranties of merchantability, fitness for a particular purpose and non-infringement. LIABILITY LIMITATIONS. You can recover from Microsoft and its affiliates only direct damages up to fifty U.S. Dollars (U.S. $50.00), or equivalent in local currency. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to: – Anything related to the Software, services, content (including code) on third party internet sites, or third party programs, and – claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft should have been aware of the possibility of the damages. The above limitation may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. 2 LIMITED WARRANTY FOR TRIMBLE PRODUCT SOFTWARE. 2.1 Limited Warranty. Trimble warrants that the Software, exclusive of the Microsoft Software, will perform substantially in accordance with the accompanying written materials for a period of twelve (12) months from the date of purchase. This limited warranty gives you specific legal rights; you may have others, which vary from state/jurisdiction to state/jurisdiction. The above limited warranty does not apply to Fixes, Minor Updates, or Major Upgrades of the Software after expiration of the twelve (12) month limited warranty period, all of which are provided “AS IS” and without warranty unless otherwise specified in writing by Trimble. Because the Software is inherently complex and may not be completely free of nonconformities, defects or errors, you are advised to verify your work. Trimble does not warrant that the Software will operate error free or uninterrupted, will meet your needs or expectations, or that all nonconformities can or will be corrected. 2.2 Software Fixes. During the limited warranty period described in section 2.1 above, you will be entitled to receive such Fixes to the Product Software that Trimble releases and makes commercially available and for which it does not charge separately, subject to the procedures for delivery to purchasers of Trimble products generally. If you have purchased the Product from an authorized Trimble dealer rather than from Trimble directly, Trimble may, at its option, forward the software Fix to the Trimble dealer for final distribution to you. Minor Updates, Major Upgrades, new products, or substantially new software releases, as identified by Trimble, are expressly excluded from this update process and limited warranty. Receipt of Software Fixes or other enhancements shall not serve to extend the limited warranty period. For purposes of this warranty the following definitions shall apply: (1) "Fix(es)" means an error correction or other update created to fix a previous software version that does not substantially conform to its Trimble specifications; (2) "Minor Update" occurs when enhancements are made to current features in a software program; and (3) "Major Upgrade" occurs when significant new features are added to software, or when a new product containing new features replaces the further development of a current product line. Trimble reserves the right to determine, in its sole discretion, what constitutes a Fix, Minor Update, or Major Upgrade.
Руководство пользователя контроллера серии GeoExplorer 2008