Инструкция по эксплуатации Spectra Precision Survey Pro v5.3 — страница 4

United States or foreign agency or authority You agree to the foregoing and warrant that you are not located in under the control of or a national or resident of any such prohibited country or on any such prohibited party list The Software is further restricted from being used for the design or development of nuclear chemical or biological weapons or missile technology or for terrorist activity without the prior permission of the United States government.

12.General.

12.1.Assignment This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns Licensor may assign this Agreement to any affiliate or in connection with a merger reorganization acquisition or other transfer of all or substantially all of Licensor’s assets or voting securities You may not assign or transfer this Agreement in whole or in part without Licensor’s written consent Any attempt to transfer or assign this Agreement without such written consent will be null and void.

12.2.Severability If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid that provision shall be limited to the minimum extent necessary so that this Agreement shall otherwise remain in effect.

12.3.Governing Law; Jurisdiction and Venue.

12.3.1.Unless you obtained this Software in Canada or the European Union this Agreement is governed by the laws of the State of California and the United States without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on the International Sale of Goods In such case the jurisdiction and venue for actions related to the subject matter hereof are the State of California and United States federal courts located in Santa Clara County California and both parties hereby submit to the personal jurisdiction of such courts.

12.3.2.If you obtained this Software in Canada this Agreement is governed by the laws of the Province of Ontario Canada excluding its rules governing conflicts of laws and without regard to the United Nations Convention on the International Sale of Goods In such case jurisdiction and venue for actions related to the subject matter hereof are the courts of the Judicial District of York Province of Ontario and both parties hereby submit to the personal jurisdiction of such courts.

12.3.3.If you obtained this Software in the European Union this Agreement is governed by the laws of The Netherlands excluding its rules governing conflicts of laws and without regard to the United Nations Convention on the International Sale of Goods In such case each jurisdiction and venue for actions related to the subject matter hereof are the courts of The Hague The Netherlands and both parties hereby submit to the personal jurisdiction of such courts.

12.4.Attorneys’ Fees and Costs The prevailing party in any action to enforce this Agreement will be entitled to recover its attorneys’ fees and costs in connection with such action.

12.5.Notices and Reports Any notice or report hereunder shall be in writing If to Licensor such notice or report shall be sent to Licensor at the address above to the attention of “Legal Department” If to you such notice or report shall be sent to the address you provided upon placing your order Notices and reports shall be deemed given: (a) upon receipt if by personal delivery; (b) upon receipt if sent by certified or registered U.S mail (return receipt requested); or (c) one day after it is sent if by next day delivery by a major commercial delivery service.

12.6.Amendments; Waivers No supplement modification or amendment of this Agreement shall be binding unless executed in writing by a duly authorized representative of each party to this Agreement No waiver will be implied from conduct or failure to enforce or exercise rights under this Agreement nor will any waiver be effective unless in a writing signed by a duly authorized representative on behalf of the party claimed to have waived.

12.7.Entire Agreement This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement No provision of any purchase order or in any other business form employed by you will supersede the terms and conditions of this Agreement and any such document issued by a party hereto relating to this Agreement shall be for administrative purposes only and shall have no legal effect Notwithstanding the foregoing if you have entered into a separate written license agreement signed by Licensor for use of the Software the terms and conditions of such other agreement shall prevail over any conflicting terms or conditions in this Agreement.

12.8.Independent Contractors The parties to this Agreement are independent contractors There is no relationship of partnership joint venture employment franchise or agency created hereby between the parties Neither party will have the power to bind the other or incur obligations on the other party’s behalf without the other party’s prior written consent.

12.9.Force Majeure Neither party shall be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) if the delay or failure is due to unforeseen events which occur after the signing of this Agreement and which are beyond the reasonable control of the parties such as strikes blockade war terrorism riots natural disasters refusal of license by the government or other governmental agencies in so far as such an event prevents or delays the affected party from fulfilling its obligations and such party is not able to prevent or remove the force majeure at reasonable cost.

12.10.Government End-Users The Software is commercial computer software If the user or licensee of the Software is an agency department or other entity of the United States Government the use duplication reproduction release modification disclosure or transfer of the Software or any related documentation of any kind including technical data and manuals is restricted by a license agreement or by the terms of this Agreement in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes The Software was developed fully at private expense All other use is prohibited.

12.11.Third-Party Software If designated in the Documentation the Software may contain or be provided with certain Third-Party Software (including software which may be made available to you in source code form) Such Third-Party Software is not licensed hereunder and is licensed pursuant to the terms and conditions (“Third-Party License”) indicated in the Documentation and/or on the Third-Party Software Except as may be set forth in the Third-Party License neither Licensor nor Licensor Suppliers offer any warranty in connection with any Third-Party Software and neither Licensor nor Licensor Suppliers shall be liable to you for such Third-Party Software.

If an executed agreement exists between you and Licensor at any time regarding the Software the terms of that agreement shall supersede the terms of this Agreement in its entirety Thus if you enter into a separate written agreement with Licensor regarding the Software that agreement (not this one) will control your use of the Software; and further if that agreement is terminated you will not have the right to use the Software under the terms of this Agreement after termination Notwithstanding the foregoing pre-printed terms and conditions on your Order form shall not supersede this Agreement.

Trimble Navigation Limited d/b/a Spectra Precision

10355 Westmoor Drive

Westminster Colorado 80021

Data Collector Warranty Program

Spectra Precision would like to make you aware of the warranty program A new data collector that has been purchased and is still under the one year factory warranty or under an extended warranty will be authorized for software updates Data collectors that are not currently under a warranty plan are eligible to purchase an extended warranty There are Survey Pro software only warranties that will authorize the data collector for software updates and there are warranties that cover both the data collector hardware and Survey Pro software The extended warranties are a good way to protect your investment in your equipment.

The Survey Pro installation program will use your internet connection to compare the data collector's serial number against a data base that contains the warranty status on all units If the unit is under a valid warranty the installation will proceed If the unit is not covered under warranty then a message will be displayed informing you of this and the installation will stop.

To receive Survey Pro minor improvement releases identified by the version numbering system you only need to be on the current version of the latest minor update In other words if you have version 5.0.x you are authorized for a version 5.0.5 improvement release automatically For minor updates 5.0 to 5.1 for example it is now required that the data collector or Survey Pro software be on a current warranty plan.

The warranty plans are listed on Spectra Precision price lists Data collector serial numbers are required in order to generate the proper registration codes for your unit and to log the warranty plan into the database.