All Contents Copyright © 2016 Trimble Inc. All rights reserved.
[Last updated & effective date: 25 September 2009]
Acceptance of Terms through Use
WELCOME TO THE TRIMBLE STORE/PARTNER STORE! Before you can begin using this Trimble Store/Partner Store (the "Store") we ask that you read and agree to the following terms and conditions of use (the "Store TOU").
www.Trimble.com, the Trimble Partners web site at http://partners.trimble.com, or any terms and conditions governing your use of Trimble confidential and proprietary information (including customer data) under your other written agreements with Trimble.
Description of Services
The Trimble Store/Partner Store provides you with online access to a variety of resources and services including the ability to submit electronic purchase orders for Trimble products and services and to track the status of orders for your customers. In order to use the Store service, you must be a Trimble-authorized reseller of Trimble products and services. Product and services purchase orders placed by you through the Store shall be subject to applicable Trimble terms and conditions of sale. Any Trimble services purchased by you shall also be subject to the Trimble terms of service that apply to them. The content accessible through the Store is, and shall be treated by you as Trimble proprietary and confidential information.
Ownership of Services; Use Limitation
The Store (inclusive of all content) is the property of Trimble and/or its suppliers and is protected by worldwide copyright and other intellectual property rights laws and treaties. The Store is made available solely for your personal or internal business use. Unless otherwise specified herein or expressly agreed to in writing by Trimble, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, lease or sell any information, products, materials, services or other content obtained from the Store. All rights in the Store not expressly granted under the TOS are reserved to Trimble and its suppliers.
Store Account; Password Protected Access
To access and use Trimble's Store you are required to open an account by completing the Store registration process and providing us with current, complete and accurate information as prompted by the applicable registration form. This will include designation of primary and alternate contacts of your personnel who will be authorized by you and Trimble (in its sole discretion) to access and use the Store site and service ("Authorized Contacts"). Only Authorized Contacts will be permitted access to the Store.
Each Authorized Contact will choose a user name and password at registration. You are entirely responsible for maintaining the confidentiality of your account and password(s), and you agree that Trimble may terminate your access to the Store site and service, in whole or in part, 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 Trimble immediately of any unauthorized use of your account or any other breach of security. Trimble will not be responsible for any loss or damage that may incur as a result of someone else using your password or account, either with or without your knowledge.
Limited License to Use Services and Content
Under this limited license you are permitted to view, use and reasonably print and copy information pertaining to the status of your submitted purchase orders for Trimble products and services ("Order Status Information") provided that you do not: (1) modify or attempt to modify the Order Status Information, (2) disclose or transfer the Order Status Information to any third party that is not the customer to which the information pertains; (3) use, disclose, display or distribute Order Status Information for any purpose other than the sale, distribution, service and support of Trimble products and services to your customers within the normal course of your own business. You may not authorize or permit any person or entity other than an Authorized Contact to access or use the Store service or content. You may not attempt to gain access to Trimble's other records, computers or networks or information pertaining to another party's customers, or otherwise engage in hacking or bypassing Trimble's security systems. .
You further agree to adhere to any posted instructions, directions or limitations on usage and reproduction of the Store service and content; and to use best efforts to maintain the security and confidentiality of the Store services and content and to prevent any unauthorized use, copying or distribution thereof.
No Warranty and Limitation of Liability
Although Trimble attempts to provide accurate information through the Store, Trimble assumes no responsibility for the accuracy of such information or the Store service; nor does Trimble warrant that such information or the Store service is up to date; that the Store will be available at any particular time or location; that any defects or errors will be corrected; or that the Store is free of viruses or other harmful components.
TRIMBLE FURNISHES AND YOU ACCEPT THE STORE SERVICE ON AN "AS-IS, AS AVAILABLE" BASIS WITH NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, EXPLICITLY DISCLAIMING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF SECURITY, AND INFRINGEMENT, REGARDING THE STORE AND ITS CONTENT TO YOU, OR ANY THIRD PARTY. TO THE EXTENT TRIMBLE PROVIDES ACCESS TO INFORMATION AND MATERIALS PROVIDED BY OTHER SOURCES, TRIMBLE ACCEPTS NO LIABILITY FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTENT THEREOF.
IN NO EVENT SHALL TRIMBLE OR ANY THIRD PARTY CONTRIBUTING TO THE STORE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE STORE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, OR ANY OTHER PECUNIARY LOSS), EVEN IF TRIMBLE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Modification/Discontinuance of Service; Revocation of Use License
Trimble reserves the right to modify and/or discontinue the Store service in whole or in part, at any time with or without notice. Further, the license and permission granted under the Store TOU for use of the Store service shall be revocable at Trimble's will, with or without notice and with or without cause. Revocation without notice shall take the form of disabling your access to the Store.