User's Guide

amount to a major failure.
Trimble's warranty, as set out in the user manual accompanying this statement, or as described in the warranty card
accompanying the Product you purchased, is in addition to any mandatory rights and remedies that you may have under the
Australian Consumer Law.
Official Language
THE OFFICIAL LANGUAGE OF THESE TERMS AND CONDITIONS IS ENGLISH. IN THE EVENT OF A CONFLICT BETWEEN ENGLISH
AND OTHER LANGUAGE VERSIONS, THE ENGLISH LANGUAGE SHALL CONTROL.
End User License Agreement for Product Software
IMPORTANT, READ CAREFULLY. THIS END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU AND
Trimble Inc. (“Trimble”) and applies to the computer software provided with the Trimble product purchased by you (whether
built into hardware circuitry as firmware, embedded in flash memory, or stored on magnetic or other media), or provided as a
stand-alone computer software product, and includes any accompanying written materials such as a user's guide or product
manual, as well as any "online" or electronic documentation ("Software" or “Product Software”). This EULA will also apply to
any 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.
1 LIMITED WARRANTY FOR TRIMBLE PRODUCT SOFTWARE
1.1 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.
1.2 Software Fixes. During the limited warranty period described in section 1.1 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.
1.3 Customer Remedies. Trimble’s and its suppliers’ entire liability, and your sole remedy, with respect to the Software shall
be either, at Trimble’s option, (a) repair or replacement of the Software, or (b) return of the license fee paid for any Software
that does not meet Trimble’s limited warranty. This limited warranty is void if failure of the Software has resulted from (1)
accident, misuse, abuse, or misapplication; (2) alteration or modification of the Software without Trimble’s authorization; (3)
interaction with software or hardware not supplied or supported by Trimble; (4) your improper, inadequate or unauthorized
Trimble Ranger 5 Data Collector / Trimble TSC5 Controller User Guide |8