User's Guide

ACCURACY AND EFFORT (INCLUDING LACK OF NEGLIGENCE) FOR THE MICROSOFT SOFTWARE IS WITH YOU. ALSO, THERE IS
NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE MICROSOFT SOFTWARE OR AGAINST
INFRINGEMENT.
1.5 PLEASE NOTE: THE FOREGOING TRIMBLE LIMITED WARRANTY PROVISIONS MAY NOT APPLY TO SOFTWARE PRODUCT
LICENSES PURCHASED IN THOSE JURISDICTIONS (SUCH AS COUNTRIES OF THE EUROPEAN UNION) IN WHICH PRODUCT
WARRANTIES ARE OBTAINED FROM THE LOCAL DISTRIBUTOR. IN SUCH CASES, PLEASE CONTACT YOUR TRIMBLE DEALER FOR
APPLICABLE WARRANTY INFORMATION.
2 TRIMBLE LIMITATION OF LIABILITY
2.1 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRIMBLE OR
ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER
CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)
ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
SERVICES, EVEN IF TRIMBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED IN THIS EULA.
IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF TRIMBLE AND ITS SUPPLIERS IN CONNECTION WITH THIS EULA
OR THE SOFTWARE, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHERWISE, EXCEED THE ACTUAL AMOUNT PAID TO TRIMBLE FOR THE SOFTWARE LICENSE GIVING RISE TO THE CLAIM.
BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
3 GENERAL
3.1 This EULA shall be governed by the laws of the State of California and applicable United States Federal law without reference
to “conflict of laws” principles or provisions. The United Nations Convention on Contracts for the International Sale of Goods will
not apply to this EULA. Jurisdiction and venue of any dispute or court action arising from or related to this EULA or the Software
shall lie exclusively in or be transferred to the courts the County of Santa Clara, California, and/or the United States District Court
for the Northern District of California. You hereby consent and agree not to contest, such jurisdiction, venue and governing law.
3.2 Section 3.1 notwithstanding, if you acquired this product in Canada, this EULA is governed by the laws of the Province of
Ontario, Canada. In such case each of the parties to this EULA irrevocably attorns to the jurisdiction of the courts of the Province
of Ontario and further agrees to commence any litigation that may arise under this EULA in the courts located in the Judicial
District of York, Province of Ontario. If you acquired this product in the European Union, this EULA is governed by the laws of The
Netherlands, excluding its rules governing conflicts of laws and excluding the United Nations Convention on the International
Sale of Goods. In such case each of the parties to this EULA irrevocably attorns to the jurisdiction of the courts of The
Netherlands and further agrees to commence any litigation that may arise under this EULA in the courts of The Hague, The
Netherlands.
3.3 Trimble reserves all rights not expressly granted by this EULA.
3.4 Official Language. The official language of this EULA and of any documents relating thereto is English. For purposes of
interpretation, or in the event of a conflict between English and versions of this EULA or related documents in any other
language, the English language version shall be controlling.
Trimble T100 Tablet User Guide |
11