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software products, information, data,
systems, interfacing 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). Trimble does not
warrant or guarantee the results obtained
through the use of the Product.
THE WARRANTIES ABOVE STATE
T
RIMBLE'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.
TRIMBLE NAVIGATION LIMITED IS
NOT RESPONSIBLE FOR THE
OPERATION OR FAILURE OF
OPERATION OF GPS SATELLITES OR
THE AVAILABILITY OF GPS
SATELLITE SIGNALS.
Limitation of Liability
TRIMBLE’S ENTIRE LIABILITY UNDER
ANY PROVISION HEREIN SHALL BE
LIMITED TO THE AMOUNT PAID BY YOU
FOR THE PRODUCT OR SOFTWARE
LICENSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL TRIMBLE OR ITS
SUPPLIERS BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES
WHATSOEVER UNDER ANY
CIRCUMSTANCE OR LEGAL THEORY
RELATING IN ANY WAY TO THE
PRODUCTS, SOFTWARE AND
ACCOMPANYING DOCUMENTATION
AND MATERIALS, (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR ANY OTHER
PECUNIARY LOSS), REGARDLESS
WHETHER TRIMBLE HAS BEEN
ADVISED OF THE POSSIBILITY OF ANY
SUCH LOSS AND REGARDLESS OF THE
COURSE OF DEALING WHICH DEVELOPS
OR HAS DEVELOPED BETWEEN YOU
AND TRIMBLE. BECAUSE SOME STATES
AND JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
NOT WITHSTANDING THE ABOVE, IF
YOU PURCHASED THIS PRODUCT OR
SOFTWARE IN THE EUROPEAN
UNION, THE ABOVE WARRANTY
PROVISIONS MAY NOT APPLY.
PLEASE CONTACT YOUR DEALER
FOR APPLICABLE WARRANTY
INFORMATION.