Terms of Use (Last updated July 30, 2010)

Trimble Outdoors – Terms of Use & License Agreement

(Last updated September 26, 2013)

© 2014 Trimble Navigation Limited.  All rights reserved.
No portion of this web site or the service may be reproduced in any form, or by any means, except as authorized below, without prior written permission from Trimble Navigation Limited.

Welcome to the Trimble Outdoors Web Site!  These are the general terms and conditions and end user license terms (collectively, the “Terms of Use”) that apply to use of the Trimble Outdoors web sites (the “Site”) owned, hosted and operated by Trimble Navigation Limited (“Trimble”, “we” or “us”), including without limitation the following:

                Trimble Outdoors, www.trimbleoutdoors.com

GPSHuntFish, www.gpshuntfish.com

                MyTopo, www.mytopo.com

You, an individual, (“you”) are authorized to use this Site upon your acceptance of these Terms of Use.  THEREFORE, PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE OR ACCESSING SERVICES FROM THIS SITE.  YOUR USE OF THIS SITE INDICATES YOUR AGREEMENT TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THE CURRENTLY POSTED TERMS OF USE.  IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

Please note that we reserve the right to update and change these Terms of Use from time to time at our sole discretion. Please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use will confirm your acceptance of those changes.  These Terms of Use constitute a binding, legal agreement between you and Trimble and are intended to have the same force and effect as if you had signed them.  A current copy of the Terms of Use can be accessed and viewed at any time from the home page of the Site.   

1.        Site Services

1.1.      General Description.  Through the Site we provide you with access to a variety of resources including textual and image content, GPS points of interest and tracks, software, download areas, communication forums, product and other information (collectively “Services”).  Your ability to use certain Services available on or through this Site may require your purchase of a software application from Trimble.  The Services, including any updates, enhancements or new features, are subject to these Terms of Use.

1.2.      Third Party Communications Carriers and Application Marketplaces.  To enable your use of Services with your mobile phone or other wireless device, you may need to purchase separately a wireless data plan from a third party telephonic wireless or satellite-based communications carrier (a “Communications Carrier”).  All such wireless communications services and any associated equipment are subject to the terms and conditions of the applicable agreement(s) between you and your Communications Carrier.  You may also choose to purchase software applications from a third party distributor (an “Application Marketplace”) to use in connection with the Services.  All such software applications and any associated services are subject to the terms and conditions of the applicable agreement(s) between you and the Application Marketplace.  TRIMBLE HAS NO RESPONSIBILITY FOR THE AVAILABILITY, QUALITY OR PERFORMANCE OF WIRELESS OR SATELLITE-BASED COMMUNICATIONS SERVICES, EQUIPMENT, SOFTWARE APPLICATIONS OR OTHER SERVICES FURNISHED BY THE COMMUNICATION CARRIERS OR APPLICATION MARKETPLACES.

1.3.      Third Party Content; Links to Third Party Sites. Certain content accessed through the Site (e.g., map data) may be furnished by third parties (“Third Party Content”).  Additionally, this Site may contain links to other web sites.  Access to Third Party Content and other web sites linked to this Site is at the user's own risk. We do not control, and are not responsible for the accuracy or reliability of any Third Party Content, or any information, materials, data, opinions, advice or statements made on other web sites; nor will we be responsible for any products found, or search results obtained from using them. We provide access to Third Party Content and links to other sites merely as a convenience and their inclusion does not imply an endorsement.

1.4.      Products and Services.  Products and services offered for sale or license through this Site are governed solely by the terms and conditions of sale and agreements under which they are furnished. For example, if you download software from this Site or from another site accessed through this Site, use of the software will be governed by the provisions of the end user license agreement or other software license agreement that accompanies or is provided with that software. If you obtain a product or service through this Site that is provided without an agreement, that product or service is provided "AS-IS" with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.

1.5.      Age Restrictions.  You must be 18 years of age or older to use or download Services.  If you are between 13 and 18 years of age, you must have your parent or guardian’s permission to use or download Services and use this Site.  You may not use this Site or Services if you are under 13 years of age.

2.        Password-Protected Areas and Access

2.1.      General. Certain Services available through this Site may be accessed from password-protected areas only.  Access to, and use of any Service from a password protected area is restricted to authorized users only who have met the qualifications required by us (in our sole discretion) for use of the Site. Those Services may be provided subject to the terms and conditions of a separate use or license agreement applicable to the specific Service posted at such password-protected area. In the event of a conflict between these Terms of Use and provisions contained in any such separate agreement applicable to a specific Service available through this Site, you agree that the latter shall be controlling.

2.2.      User Account.  If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form.  By registering through this Site, accounts will be opened for you with Trimble.  The Services are only available to persons who can form legally binding contracts under applicable law, and are not available to minors.  If you do not qualify, please do not subscribe to the Service.  We reserve the right to refuse Services to anyone at anytime in our sole discretion. 

2.3.      Password and Security.  At the time of registration you will choose a password and username.  You are entirely responsible for maintaining the confidentiality of your password and account, and you agree that we may terminate your subscription and access to the Services if you fail to do so.  Additionally, you are fully responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Distribution of a password to any person or entity not authorized to use the password is prohibited and may result in immediate removal of the password holder's rights to access this Site in whole or in part.

3.        Limited License to Use Site

3.1.      Limited License to User.  Subject to your compliance with the Terms of Use, the terms of any end user license agreement or service subscription associated with software used in connection with your use of this Site, and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-assignable license (without the right to sublicense) to use the Services accessed through the Site for your personal, non-commercial use.  You may reasonably use, print, download and upload textual and image content (e.g., maps, photographs, routes, points of interest, trip notes, etc.) from the Services, provided that (1) you do not remove or alter any copyright, trademark or other proprietary notices or related visual marks and logos from the content, (2) your use of such content from the Services is for informational, non-commercial and personal use only and will not be copied or posted on any network computer or broadcast in any media except the Site, (3) you do not modify any content other than content that you have created and uploaded, and (4) you adhere to any posted instructions, directions or limitations on usage and reproduction of such content. All rights not expressly granted to you herein are reserved by us, our suppliers and licensors.

3.2.      License Restrictions - No Misuse of Services. Your use of this Site and the Services is limited to those uses expressly permitted under these Terms of Use.  As a condition of your use of the Site and Services you agree that you will not use them for any purpose that is unlawful or prohibited by the Terms of Use or any code of conduct associated with the Services. We may restrict or cancel your access and use of the Site and Services if there is a reasonable suspicion of, or any actual misuse or fraudulent use by you. You will be responsible for any costs incurred by us or any other party (including attorney’s fees) as a result of such misuse or fraudulent use.  You may not:

(i)                   except as otherwise expressly permitted by these Terms of Use, reproduce, modify, publish, distribute, publicly display, adapt, alter, translate, or create derivative works from the Services (including Third Party Content);

(ii)                  sublicense, lease, sell, rent, loan, or otherwise transfer the Services or associated software to any third party;

(iii)                 reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Services software or Site (except and only to the extent permitted by applicable law, and then only with advance notice to Trimble);

(iv)                 use Services or associated software in a "service bureau" or similar structure whereby third parties obtain use of the Services through you;

(v)                  remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in, affixed to or accessed in conjunction with the Services, associated software, and/or the Site; or otherwise use any information, images or other materials available through the Services in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;

(vi)                 upload or otherwise make available information or files that contain content owned by others that are protected by intellectual property laws (e.g., copyright, trademark, rights of privacy or publicity) and for which you have not received all necessary and legal consents for their use;

(vii)                taking any action that imposes an unreasonable or disproportionately large load on the Site or Services infrastructure; or upload files that contain viruses, Trojan horses, worms, or other similar software or programs that cause damage to computers or property of others;

(viii)               use the Services or Site in such a manner so as to interfere unreasonably with the access or, use or enjoyment of the Services or Site by one or more other users or wireless customers, or to interfere unreasonably with the underlying carrier's ability to provide Services;

(ix)                 engage in subscription fraud or unauthorized access;

(x)                  impersonate any person or entity or misrepresent your affiliation with a person or entity;

(xi)                 use the Services to defame, harass, stalk, threaten or otherwise violate the legal rights of others;

(xii)                use the Services to disseminate or convey inappropriate, defamatory, obscene, salacious, or unlawful information, images or materials;

(xiii)               use the Site for advertising, offering to sell or buy goods, or for business promotional purposes, unless the Services expressly permit such usage;

(xiv)              violate any code of conduct associated with the Services, or any applicable laws or regulations;

(xv)               use the Services without permission on a stolen or lost device;

(xvi)              attempt or assist another to access, alter, or interfere with the communications and/or information about another user or wireless customer;

(xvii)             tamper with or make an unauthorized connection to the network; or

(xviii)            install any amplifiers, enhancers, repeaters, or other devices that modify the radio frequencies used to provide the Services; or use the Services in such a manner that it is not used in compliance with FCC rules.

3.3.      Dangerous Activities.  None of the Services are intended for use in the operation of nuclear facilities, life support systems, emergency communication, aircraft navigation or communication systems, air traffic control systems, technical building or structural design, power plant design or operation, or any other such activities in which the failure of a Service could lead to death, personal injury, or severe physical or environmental damages.

3.4.      Linking to the Trimble Outdoors Site.  You may create links to this Site from other web sites, but only in accordance with the following guidelines and in compliance with applicable law.  A web site that links to Trimble's web site:

·         May link to but not replicate the Trimble content.

·         May refer to the Trimble company name or product names in a plain text font and format in accordance with Trimble’s general trademark usage guidelines, using appropriate wording such as "This way to Trimble Navigation Limited" or "Click here for more information on Trimble products."

·         Shall not create a browser or border environment around Trimble content.

·         Shall not imply that Trimble is endorsing its products.

·         Shall not misrepresent its relationship with Trimble.

·         Shall not present false information about Trimble products or services.

·         Shall not use the Trimble logos or other trademarks (including third party trademarks) without permission from Trimble or the owner of the trademark.

·         Shall not contain content that could be construed as distasteful, offensive or controversial, and shall contain only content that is appropriate for all age groups.

By placing a link on your web site to the Site you agree to promptly remove such link at Trimble's request. For information on Trimble’s authorized logo and trademark use programs, you may contact webmaster@trimble.com.

3.5.      User Communications / Chat Rooms, Blogs and Other User Forums.

This Site may include email services, bulletin board services, blogs, chat areas, forums, communities, personal web pages and other message or communications facilities designed to enable you to communicate with us (e.g., to provide feedback and suggestions) and with other Site users, and to post, upload, share and submit materials (e.g., text, images, data, etc.) for review by us, the general public or by members of a public or private community (collectively, "User Communications"). PLEASE BE AWARE THAT USER COMMUNICATIONS WILL BE CONSIDERED NON-CONFIDENTIAL AND NON-PROPRIETARY, AND BY POSTING, UPLOADING, INPUTTING, OPTING TO SHARE, PROVIDING OR OTHERWISE SUBMITTING ANY USER COMMUNICATIONS TO THIS SITE YOU UNDERSTAND AND AGREE THAT:

·         You are granting Trimble, its designees, licensees and business partners, as well as members of the general public using the Site, consent and permission to use your User Communications, including without limitation worldwide, royalty-free, non-exclusive, perpetual license rights with right of sublicense to disclose, reproduce, store, display (publicly or otherwise), perform, publish, adapt, modify, transmit, distribute, have distributed, edit, translate, reformat, create derivative works based on and otherwise use such User Communications;

·         Trimble will be free to use any ideas, concepts, know-how or techniques contained in the User Communications for any purpose without obligation of compensation or attribution; and

·         You represent and warrant that you own or otherwise control all of the rights to your User Communications and that your User Communications will not infringe or violate the rights of any third party.

We have no obligation to monitor the User Communications to the Services. Nor do we have an obligation to remove any User Communications that you have opted to provide and share absent our receipt of your written request to do so. However, we reserve the right to review materials posted to the Services and Site and to remove any materials in our sole discretion.

We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any User Communications or other materials, in whole or in part, in our sole discretion. Personally identifiable information and other User Communications that you may submit for the purpose of receiving products or services will be handled in accordance with Trimble Outdoor's online Privacy Statement. We may also use User Communications to respond to your User Communications and to send you service announcements, administrative messages and other information about Site and Services you accessed.  You may opt out of those Trimble communications at any time by updating your account.

We do not control or endorse the content, messages or information found in any User Communications and, therefore, we specifically disclaim any liability with regard to them and any actions resulting from your participation in any Services.

Please note: You may submit a request for removal of your shared User Communications from the applicable user chat room, blog or other forum to the email address designated for such purpose, or to support@trimbleoutdoors.com, or in the case of MyTopo or Terrain Navigator products to info@mytopo.com; provided however, that such removal will not affect any licenses granted in connection with your User Communications prior to the time of their removal.

3.6.      Special Purpose Messages. You agree that we may contact you with special purpose messages sent from time to time through your personal computer, mobile phone or other wireless device delivered using SMS-based text messages, email messages or other communication mechanisms, in situations when such contact is required to inform you about material events concerning you and your account, including, without limitation, winning a prize in a competition with automatic entry.

3.7.      Ratings and Reviews.  The Site may permit you to rate and provide reviews of Trips, which constitute User Communications hereunder.  To be useful to other users, your reviews must be made in good faith after reasonable evaluation.  You may post only one review per Trip, unless the later review reflects a good-faith rating change based on further evaluation.  In addition, reviews may not contain content that constitutes misuse of the Site as described above, that is false, fraudulent or misleading, or that impersonates any other person or entity, including any of Trimble’s employees.

4.        Privacy and User Data

4.1.      Privacy Statement.  To understand Trimble’s general data privacy practices, please review our privacy statements at www.trimbleoutdoors.com/legal/privacy, www.gpshuntfish.com/privacy, and/or www.mytopo.com/privacy.

4.2.      Notice Regarding the Potential Additional Collection of User Data.  Data that is stored on your mobile phone or other wireless device will upload from your phone or device and be transmitted to our servers when such upload and transfer is initiated by you or if you have otherwise consented to it, such as when you voluntarily upload and share Trip information.  The gathered data may include but is not limited to, track logs (a track log consists of a list of spatial points and the times your Trimble software application was at given spatial points), diagnostics, and information related to advertisements that were viewed on your mobile phone or device, how often they were clicked, and how often certain actions such as saving a coupon were performed. 

You hereby understand and agree that by using the Site and Services you consent to our collection, transmission, use and sharing of your user data (including any Personal Data and Location Data contained therein) as described in and in accordance with these Terms of Use and our privacy statements.

5.        International 

The Site and Services are administered by Trimble Navigation Limited from our offices or those of our affiliates at various locations within the United States of America. We may also make use of an affiliate or one or more external service providers to host the Site or Services.  Consequently, data is collected, sent, processed and stored in the United States and may be collected, sent, processed and stored outside the USA.  You acknowledge that in the event of conflict of privacy laws or practices in your jurisdiction and those in the domicile of the entity hosting the Site and Services the law applicable in the domicile of the hosting entity will have precedence at all times.

We make no representation that the Site or Services are appropriate or available for use in locations outside the United States, and accessing them from territories where the Site or Services are illegal is prohibited. You may not use or export or re-export the Services or content available on this Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States export laws and regulations. If you choose to access this site from locations outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

6.        Modification of Services

We may, at any time, modify, suspend or permanently discontinue the Services or Site, or any portion of them, with or without advance notice.  We will not be liable to you or to any third party for any such modification, suspension or discontinuance.

7.        Network Coverage, GNSS Satellites, Interruption of Service

7.1.      You acknowledge that the Services and network access are subject to transmission limitations caused by a variety of factors such as atmospheric conditions, topographical obstructions, limitations or lack of coverage of the underlying Communications Carrier service and other natural or manmade conditions. Additionally, motor and ignition noise, metal shielding, interference by users of the same or adjacent radio channels may limit or interfere with coverage.  You further acknowledge that we are not responsible for the operation or failure of operation of Global Navigation Satellite System (“GNSS”) satellites or the availability of GNSS satellite signals.

7.2.      We will not be liable to you or any third party for any loss or damage arising from any Service, or its interruption, transmission errors (including Location Data inaccuracies), defects or any other cause, including but not limited to, interruption caused by the underlying communications system carrier.

8.        Content Is Not Medical Advice

The Site and Services do not constitute medical advice. You should consult your physician or healthcare provider before beginning an exercise program or performing any activity in conjunction with use of the Site or Services.

YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY Site OR SERVICE CONTENT.  ANY TRANSMISSION OR RECEIPT OF SITE CONTENT DOES NOT CONSTITUTE A DOCTOR-PATIENT RELATIONSHIP BETWEEN US AND YOU.

9.        No Warranties; Customer Responsibility for Devices, Risk of Loss

TRIMBLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, SUPPLIERS, DEALERS, AFFILIATES AND AGENTS (EACH A “SITE PARTY” AND COLLECTIVELY THE “SITE PARTIES”) DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SERVICES AND SITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS; (b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, (i) WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT, (ii) WARRANTIES ARISING THROUGH COURSE OF DEALINGS OR USAGE OF TRADE, (iii) WARRANTIES REGARDING THE SECURITY, RELIABILITY, ACCURACY, AVAILABILITY, TIMELINESS, AND PERFORMANCE OF THE MOBILE APPLICATIONS, SITE AND SERVICES, AND (iv) WARRANTIES THAT ACCESS TO OR USE OF THE SERVICES AND SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (c) YOU WILL ACCESS THE SITE AND USE THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM(S) OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS AND USE.

YOU FURTHER AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR AND ASSUME ALL RISK (INCLUDING RISK OF LOSS) RELATED TO THE PROPER AND SAFE OPERATION AND MAINTENANCE OF ANY MOBILE PHONE OR OTHER WIRELESS DEVICE USED BY YOU TO COMMUNICATE WITH OR THROUGH THE SERVICES.

10.     Limitation of Liability

IN NO EVENT SHALL THE SITE PARTIES BE LIABLE TO YOU FOR ANY DIRECT, THIRD PARTY, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, VIRUS INFECTIONS, SYSTEM OUTAGES, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, THE SERVICES OR ANY OTHER TRIMBLE PRODUCT OR SERVICE MADE AVAILABLE ON THE SITE, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT), EVEN IF THE SITE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE EXCLUSION OF DAMAGES UNDER THIS SECTION SURVIVES IN THE EVENT ANY REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.  THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.  TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS, IN NO EVENT WILL TRIMBLE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100).

Trimble does not assume and will not have any liability arising from events beyond Trimble’s control or the control of its subcontractors, business partners or licensors, including events such as acts of God, acts of any governmental entity, acts of a public enemy, strikes, natural disasters, or failure or diminishment of power or telecommunications or data networks or services.

11.     Customer Indemnification

UPON OUR REQUEST YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE SITE PARTIES AND THIRD PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, LAWSUITS, DEMANDS, ACTIONS OR OTHER PROCEEDINGS (“CLAIMS”) BROUGHT AGAINST IT BY ANY THIRD PARTY DUE TO, ARISING OUT OF OR RELATED TO YOUR (a) USE OF THE SERVICES OR THE SITE, (b) VIOLATION OF THESE TERMS OF USE, OR (c) YOUR VIOLATION OF ANY LAW, REGULATION OR THIRD PARTY RIGHTS.  You shall pay any and all costs, damages and expenses, including without limitation, reasonable attorneys’ fees and costs awarded against or otherwise incurred by Trimble in connection with or arising from any such Claim. Trimble may, at its own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Trimble in asserting any available defenses. You may not settle any claim without the prior written consent of Trimble in each case.

12.     Ownership; Intellectual Property Rights

12.1.   You hereby agree and acknowledge that Trimble and its licensors, (including Third Party Content providers) own all right, title and interest in and to all Intellectual Property Rights (defined below) in connection with or relating to the Services and the Site.  “Intellectual Property Rights” means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary or moral rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.  You will have no right, license, or interest therein, expressly or impliedly, except for any license expressly granted herein.  Trimble or its licensors, as the case may be, will own all right, title and interest in and to any replacements, improvements, updates, enhancements, derivative works and other modifications (including, without limitation, the incorporation of any ideas, methods or processes provided by or through you) to Intellectual Property Rights made by any person, even if paid for by you and regardless of whether or not they are similar to any of your Intellectual Property Rights.  You will undertake any and all action necessary to vest such ownership in Trimble, including without limitation assigning (and you hereby assign) to Trimble all rights in and to such Intellectual Property Rights, including, without limitation, patent applications, patents, moral rights and copyrights arising from or relating to the Services or the Site.

12.2.   You acknowledge that all trademarks, service marks, and logos (collectively, “Marks”) that appear throughout the Services or the Site belong to Trimble or the respective owners of such Marks, and are protected by U.S. and international trademark and copyright laws.  Any use of any of those Marks without the express written consent of Trimble or the owner of the Mark, as applicable, is strictly prohibited.  Trimble may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of you or your authorized users who may be infringing the Intellectual Property Rights of others.

12.3.   Copyright information and a current list of United States trademarks owned by Trimble is set forth at http://www.trimble.com/copyrights.aspx.  Any questions concerning their use, or whether a trademark that does not appear on this list is a trademark of Trimble should be referred to Trimble's Intellectual Property department at U.S. +1-408-481-8000.

13.     U.S. Government Restricted Rights

Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in these Terms of Use and the applicable End User License Agreement or other software license agreement, and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14(ALT III), as applicable. Use of the Site or Services by the U.S. Government constitutes acknowledgment of Trimble's and its licensors’ proprietary rights in them.

14.     Suspension, Discontinuation or Cancellation of Service to Customer

We may suspend your access to the Site and terminate your license to use the Services without liability if: (a) you violate the Terms of Use, or breach the terms of any Service subscription(s) or any other valid agreement with Trimble for use of the Site or Services; (b) we have reason to believe that you, your authorized users, any of your agents or any third party is abusing the Services or using the Site fraudulently or unlawfully; or (c) the Communications Carrier through which you access the Site or purchase Services on this Site terminates your wireless service.

In addition, we may discontinue the Services in whole or in part, and/or cancel your Services account with or without notice for any reason at any time. 

YOU AGREE THAT TRIMBLE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ITS CANCELLATION OR TERMINATION FOR ANY OF THE ABOVE-CITED REASONS EXCEPT AS EXPRESSLY PROVIDED HEREIN.  IF YOUR ACCOUNT IS CANCELLED FOR ANY REASON, YOU AGREE NOT TO RE-REGISTER FOR A SERVICES ACCOUNT WITHOUT WRITTEN PERMISSION FROM TRIMBLE.

15.     Deletion of Customer Data

We may permanently delete any and all information, data and content maintained in or under your account from our servers upon any termination of the Services or any Service subscription.  We do not accept any responsibility for such deleted information, data or content.

16.     Notices and Electronic Communications

When you visit the Site or send e-mail to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you by e-mail or by posting notices on the Site.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may update your e-mail address by visiting the location on the Site where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if it fails to notify you. You may have the right to request that we provide such notices to you in paper format, and may do so by contacting Trimble Navigation Limited, Attention: Customer Service, 7810 S. Hardy Drive, Suite 104, Tempe, AZ, 85284, Email:  Support@trimbleoutdoors.com, or in the case of MyTopo or Terrain Navigator products to info@mytopo.com.  Any other communications should also be sent to that mailing address.

17.     Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and applicable United States federal law, without reference to "conflicts of laws" provisions or principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site or Services shall lie exclusively in, or be transferred to the courts of the County of Santa Clara and/or the Northern District of California; and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of adjudicating any such claim or action.

18.     General Provisions

Except as otherwise specified herein, these Terms of Use constitute the entire agreement between you and us with respect to your use of the Services and Site and supersede any and all prior or contemporaneous agreements, proposals and communications (whether written, oral or electronic) between you and us with respect to use of the Services or Site. You also may be subject to additional terms and conditions that may apply when you use software or services whether provided by Trimble or third party providers to this Site.  No change, modification, or waiver of the Terms of Use, will be binding on Trimble unless Trimble consents in writing.  These Terms of Use, and any rights and licenses granted under these Terms of Use, may not be transferred or assigned by you, but may be assigned by Trimble without restriction.  Any rights not otherwise expressly granted under these Terms of Use are reserved by Trimble and our licensors.  Our failure to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If any part of the Terms of Use is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Trimble, and the remaining portions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Services and/or your Service subscription, if any, must be filed within one (1) year after the claim or cause of action arose or be forever barred.

19.     Official Language

The official language of these Terms of Use is English.  For purposes of interpretation, or in the event of a conflict between English and versions of these Terms of Use in any other language, the English language version shall be controlling.

20.     Digital Millennium Copyright Act Notice

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Trimble’s DMCA administrator the written information specified below, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2).

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site, including the auction ID number, if applicable;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Trimble's DMCA administrator for notice of claims of copyright infringement on the Site can be reached as follows:

DMCA Administrator
Legal Department
Trimble Navigation Limited
935 Stewart Drive
Sunnyvale, CA 94085

Fax: 408-481-7780
DMCA@trimble.com

21.     Copyright Notice

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