Trimble Outdoors 44326-00-ENG GPS Receiver User Manual


 
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).
T
HE
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
T
RIMBLE
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
T
RIMBLE
S
ENTIRE
LIABILITY
UNDER
ANY
PROVISION
HEREIN
SHALL
BE
LIMITED
TO
THE
GREATER
OF
THE
AMOUNT
PAID
BY
YOU
FOR
THE
PRODUCT
OR
SOFTWARE
LICENSE
OR
U.S.$25.00. T
O
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
. B
ECAUSE
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
.