Spectra-precision FAST Survey Bedienungsanleitung PDF herunterladen (Seite 2)

SOFTWARE END USER LICENSE AGREEMENT

IMPORTANT, READ THIS AGREEMENT CAREFUL-

LY. BY INSTALLING OR USING ALL OR ANY POR-

TION OF THE SOFTWARE, YOU ARE ACCEPTING

ALL OF THE TERMS AND CONDITIONS OF THIS

AGREEMENT. YOU AGREE THAT THIS AGREE-

MENT IS ENFORCEABLE LIKE ANY WRITTEN

AGREEMENT.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS

AND CONDITIONS, DO NOT USE OR ACCESS THE

SOFTWARE. IF YOU HAVE PAID A LICENSE FEE

FOR USE OF THE SOFTWARE AND DO NOT AGREE

TO THESE TERMS, YOU MAY RETURN THE SOFT-

WARE (ALONG WITH ANY HARDWARE ON WHICH

IT WAS EMBEDDED, IF APPLICABLE) FOR A FULL

REFUND PROVIDED YOU (A) DO NOT USE THE

SOFTWARE AND (B) RETURN THE SOFTWARE

WITHIN THIRTY (30) DAYS OF YOUR INITIAL PUR-

CHASE.

IF YOU WISH TO USE THE SOFTWARE AS AN EM-

PLOYEE, CONTRACTOR, OR AGENT OF A CORPO-

RATION, PARTNERSHIP OR SIMILAR ENTITY,

THEN YOU MUST BE AUTHORIZED TO SIGN FOR

AND BIND THE ENTITY IN ORDER TO ACCEPT THE

TERMS OF THIS AGREEMENT. THE LICENSES

GRANTED UNDER THIS AGREEMENT ARE EX-

PRESSLY CONDITIONED UPON ACCEPTANCE BY

SUCH AUTHORIZED PERSONNEL.

IF YOU HAVE ENTERED INTO A SEPARATE WRIT-

TEN LICENSE AGREEMENT WITH LICENSOR FOR

USE OF THE SOFTWARE, THE TERMS AND CONDI-

TIONS OF SUCH OTHER AGREEMENT SHALL PRE-

VAIL OVER ANY CONFLICTING TERMS OR

CONDITIONS IN THIS AGREEMENT.

This End User License Agreement (“Agreement”) is

between Trimble Navigation Limited, located at 935

Stewart Drive, Sunnyvale, CA 94085 and/or its affil-

iates (“Licensor”) and the customer (individual or

entity) that has downloaded or otherwise procured

the licensed Software (as defined below) for use as

an end user (“you”). This Agreement covers any Soft-

ware and supporting technical documentation pro-

vided with the Software (“Documentation”).

1.Definitions

“Effective Date” means the earlier of the date you

sign an Order Form or the date on which the Software

is first made available to you.

“Order Form” means any order which is entered into

by Licensor (or an authorized distributor or reseller of

Licensor) and you under which you are provided the

Software. Each Order Form for the Software shall be

deemed a part of this Agreement. This Agreement is

binding on you whether or not you executed an Order

Form with Licensor. Order Forms may not vary the

terms of this Agreement. Only a written agreement,

signed by Licensor (not a Licensor distributor or re-

seller) may vary the terms of this Agreement.

“Software” means the Licensor software product(s)

provided in connection with this Agreement in object

code form (or as otherwise specified in any related

Order Form). “Software” shall also include any re-

leases provided to or purchased by you under any

separate support and maintenance agreement you

may enter into with Licensor. Unless otherwise not-

ed, the Software and Documentation are referred to

collectively herein as “Software.”

“Third-Party Software” means any third-party soft-

ware that is provided to you by Licensor under this

Agreement or under separate terms and conditions.

“Licensor Supplier” means either Licensor or an au-

thorized distributor or reseller of Licensor products or

services which has entered into an Order Form with

you.

2.License

2.1.Grant of License. Subject to all of the terms and

conditions of this Agreement, Licensor grants you a

non-transferable, non-sublicensable, non-exclusive

license to use the Software in machine-readable form

on any computer and operating system for which it

was intended, but solely (a) for your own internal

business purposes at the location specified in the ap-

plicable Order Form (the “Site”); (b) in accordance

with the Documentation; and (c) in accordance with

any additional license term, subscription term or oth-

er user, seat, computer, field of use or other restric-

tions set forth in the applicable Order Form or

otherwise specified upon purchase.

2.2.Installation and Copies. Licensor shall make

available the Software and Documentation by disk,

other media, or as embedded in a device, or make it

available for download in electronic form. Licensor

shall also provide you with electronic passwords or

other enabling mechanisms if necessary to permit

the licensed usage of the Software. All licenses shall

commence, and delivery shall be deemed to occur, as

of the Effective Date (or, if later, such date on which

the Software and license keys are first made avail-

able to you). If your Order Form is with a Licensor dis-

tributor or reseller, that distributor or reseller (and

not Licensor) is solely responsible for delivery to you

and Licensor has no liability for any failure to deliver.

If the Software requires license keys to operate as li-

censed to you, Licensor or the applicable Licensor

Supplier will deliver such license keys to you.

2.3.Software Intended to be Installed on Computers.

You may copy and install on your computers for use

only by your employees the number of copies of the

Software for which you have paid the applicable li-

cense fee. You may transfer the Software from one

computer to another computer provided that the

computer to which the Software is transferred is lo-

cated at the Site and the Software is completely re-

moved and de-installed from the prior computer. If

you are permitted to install the Software on a network

server, and you transfer the Software from the site to

a new location, you must provide Licensor with writ-

ten notice of the new site prior to such transfer. You

may also make a reasonable number of copies of the

Software for back-up and archival purposes. This

Section 2.3 does not apply to any software embed-

ded on devices.

2.4.License Restrictions. You shall not (and shall not

allow any third party to): (a) decompile, disassemble,

or otherwise reverse engineer the Software or attempt

to reconstruct or discover any source code, underly-

ing ideas, algorithms, file formats or programming in-

terfaces of the Software by any means whatsoever

(except and only to the extent that applicable law

prohibits or restricts reverse engineering restric-

tions); (b) distribute, sell, sublicense, rent, lease, or

use the Software (or any portion thereof) for time

sharing, hosting, service provider, or like purposes;

(d) modify any part of the Software, create a deriva-

tive work of any part of the Software, or incorporate

the Software into or with other software, except to the

extent expressly authorized in writing by Licensor; (e)

attempt to circumvent or disable the security key

mechanism that protects the Software against unau-

thorized use (except and only to the extent that ap-

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