Trimble Outdoors AcutimeTM2000 Synchronization Kit, Part Number 45005-00-ENG manual

Software and Firmware License, Limited Warranty

This Trimble software and/or firmware product (the “Software”) is licensed and not sold. Its use is governed by the provisions of the applicable End User License Agreement (“EULA”), if any, included with the Software. In the absence of a separate EULA included with the Software providing different limited warranty terms, exclusions, and limitations, the following terms and conditions shall apply. Trimble warrants that this Trimble Software product will substantially conform to Trimble’s applicable published specifications for the Software for a period of ninety (90) days, starting from the date of delivery.

Warranty Remedies

Trimble's sole liability and your exclusive remedy under the warranties set forth above shall be, at Trimble’s option, to repair or replace any Product or Software that fails to conform to such warranty (“Nonconforming Product”), or refund the purchase price paid by you for any such Nonconforming Product, upon your return of any Nonconforming Product to Trimble in accordance with Trimble’s standard return material authorization procedures.

Warranty Exclusions and Disclaimer

These warranties shall be applied only in the event and to the extent that: (i) the Products and Software are properly and correctly installed, configured, interfaced, maintained, stored, and operated in accordance with Trimble’s relevant operator's manual and specifications, and; (ii) the Products and Software are not modified or misused. The preceding warranties shall not apply to, and Trimble shall not be responsible for defects or performance problems resulting from (i) the combination or utilization of the Product or Software with products, information, data, systems or devices not made, supplied or specified by Trimble; (ii) the operation of the Product or Software under any specification other than, or in addition to, Trimble's standard specifications for its products; (iii) the unauthorized modification or use of the Product or Software; (iv) damage caused by accident, lightning or other electrical discharge, fresh or salt water immersion or spray; or (v) normal wear and tear on consumable parts (e.g., batteries).

THE WARRANTIES ABOVE STATE TRIMBLE'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDIES, RELATING TO PERFORMANCE OF THE PRODUCTS AND SOFTWARE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE PRODUCTS, SOFTWARE, AND ACCOMPANYING DOCUMENTATION AND MATERIALS ARE PROVIDED “AS-IS”AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND BY EITHER TRIMBLE NAVIGATION LIMITED OR ANYONE WHO HAS BEEN INVOLVED IN ITS CREATION, PRODUCTION, INSTALLATION, OR DISTRIBUTION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE STATED EXPRESS WARRANTIES ARE IN LIEU OF ALL OBLIGATIONS OR LIABILITIES ON THE PART OF TRIMBLE ARISING OUT OF, OR IN CONNECTION WITH, ANY PRODUCTS OR SOFTWARE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OR THE EXCLUSION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.