Spectra Precision MobileMapper Field & Office Software - Manual (Página 3)

2.4. License Restrictions.
2.4.1 You shall not (and shall not allow any third par-
ty to): (a) decompile, disassemble or otherwise re-
verse engineer the Software or attempt to reconstruct
or discover any source code, underlying ideas, algo-
rithms, file formats or programming interfaces of the
Software by any means whatsoever (except and only
to the extent that applicable law prohibits or restricts
reverse engineering restrictions). To the extent any
applicable mandatory laws give You the right to per-
form any of the aforementioned activities without
Trimble’s consent in order to gain certain information
about the Software for purposes specified in the re-
spective statutes (e.g., 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 dis-
cretion, partly or completely denies your request,
may You exercise such statutory rights; (b) distribute,
sell, sublicense, rent, lease or transfer the Software
(or any portion thereof), nor use the Software (or any
portion thereof) for time sharing, hosting, service
provider or like purposes; (c) provide the Software to
a third party on a temporary basis and/or use the
Software for the benefit or purposes of a third party
whether by means of lease, loan, data processing ser-
vices (e.g. “fee for service”) or otherwise, unless You
are a reseller of Trimble products under separate writ-
ten agreement with Trimble and authorized by Trim-
ble to do so; (d) remove any product identification,
proprietary, copyright, or other notices contained in
the Software; (e) modify any part of the Software,
create a derivative work of any part of the Software,
or incorporate the Software into or with other soft-
ware, except to the extent expressly authorized in
writing by Trimble; (f) attempt to circumvent or dis-
able the security key mechanism that protects the
Software against unauthorized use (except and only
to the extent that applicable law prohibits or restricts
such restrictions) and/or any licensing control fea-
tures; or (g) publicly disseminate performance infor-
mation or analysis (including, without limitation,
benchmarks or comparison testing or analysis) from
any source relating to the Software or disclose to any
third-party or release any results thereof (all of which
information shall be considered Trimble confidential
information) without Trimble’s prior written consent.
2.4.2 If the Software has been provided to You as
embedded in any hardware device, You are not li-
censed to separate the Software from the hardware
device. If the Software has been provided to You sep-
arately from a hardware device but is intended to be
loaded onto a hardware device specified by Trimble
(such as a firmware update), your license is limited
to loading the Software on the device specified by
Trimble in the Documentation, and for no other use.
2.4.3 You agree to use all reasonable efforts to pre-
vent unauthorized use and disclosure of the Soft-
ware.
2.5.Evaluation Software. Subject to the terms and
conditions of this Agreement and during its term,
Trimble may, in its discretion, provide You with pre-
release, beta or other software on an evaluation basis
(“Evaluation Software”). You may use Evaluation
Software solely for internal evaluation purposes for
thirty (30) days from receipt of the Evaluation Soft-
ware (unless otherwise agreed by Trimble in writing)
(the “Evaluation Period”).
Unless You pay the applicable license fee for the
Software, the Evaluation Software may become inop-
erable and, in any event, your right to use the Evalu-
ation Software automatically expires at the end of the
Evaluation Period. Evaluation Software shall be sub-
ject to all restrictions on Software set forth in this
Agreement. You shall treat all Evaluation Software as
Confidential Information of Trimble and shall return
or destroy any copies of Evaluation Software upon ex-
piration of the applicable Evaluation Period. Any and
all suggestions, reports, ideas for improvement and
other feedback of any type You provide regarding the
Evaluation Software are the sole property of Trimble,
and Trimble may use such information in connection
with any of its products or services without any obli-
gation or restriction based on intellectual property
rights or otherwise. You acknowledge that all Evalua-
tion Software is provided “AS IS” and may not be
functional on any machine or in any environment.
THE WARRANTIES OF SECTION 5 DO NOT APPLY
TO EVALUATION SOFTWARE. TRIMBLE AND ITS
SUPPLIERS DISCLAIM ALL WARRANTIES RELAT-
ING TO THE EVALUATION SOFTWARE, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT.
2.6.Internet-Based Services Components. Some fea-
tures of the Software may require connection to the
Internet directly or through a wireless connection in
order to function. Such features may result in the
transfer of certain data over such connections, which
may or may not be secure or encrypted. You are solely
responsible for obtaining any necessary Internet
wireless subscription plans with the applicable ser-
vice providers. You further acknowledge that Trimble
is not responsible for the availability of Internet or
wireless connections or the security or integrity of
data transmitted over such connections.
2.7 Ownership. Notwithstanding anything to the con-
trary contained herein, except for the limited license
rights expressly provided herein, Trimble, its licen-
sors and suppliers have and will retain all rights, title
and interest (including, without limitation, all patent,
copyright, trademark, trade secret and other intellec-
tual property rights) in and to the Software and all
copies, modifications and derivative works thereof
(including any changes which incorporate any of your
ideas, feedback or suggestions). You acknowledge
that You are obtaining only a limited license right to
the Software and that irrespective of any use of the
words “purchase”, “sale” or like terms hereunder no
ownership rights are being conveyed to you under
this Agreement or otherwise.
2.8 Copyright. All title, rights and copyrights in and
to the Software (including, but not limited to, any im-
ages, photographs, animations, video, audio, music,
and text incorporated into the Software, as well as all
intellectual property rights), the Documentation and
other accompanying written materials, and any cop-
ies of the Software are owned by Trimble, its licen-
sors and/or suppliers. 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 Documentation, packaging and
related materials.
3. Payment
3.Payment. Unless a Software has been made avail-
able by Trimble at no charge, You shall pay all fees
associated with the Software licensed and any ser-
vices purchased hereunder as set forth in the appli-
cable Order Form. All payments shall be made in the
currency specified in the applicable invoice within
thirty (30) days of your receipt of such invoice, un-
less otherwise specified in writing by the Trimble
Supplier. Except as expressly set forth herein, all fees