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15.9We are not responsible for the installation or configuration by Trimble of in-vehicle devices or accessories.

Training and self-installation certification

15.10We do not provide training or self-installation certification services in relation to the Trimble GeoManager Solution. If you require such services you must acquire them from a third party.

15.11If you would like to engage Trimble to provide training or self-installation certification services, we may take orders for such services on behalf of Trimble. The terms, including pricing, for such training or self-installation certification services are set by Trimble.

15.12If you place an order for Trimble’s training or self-installation certification services with us, we will pay Trimble for such services and charge you for such services.

15.13We are not responsible for any training or self-installation certification services provided by Trimble or any third party.

Licence terms

15.14If you purchase a licence for any of the Trimble GeoManager application(s) from us, we will grant you a non-exclusive and non-transferable licence to use the Trimble GeoManager application(s) as part of the Trimble GeoManager Solution solely for your own internal business purposes for the term of your contract with us.

15.15You understand that you must not:

(a)copy, reproduce or modify the Trimble GeoManager application(s) or create any derivative work from the Trimble GeoManager application(s);

(b)sell, rent, lease, loan, license, sublicense or otherwise transfer the Trimble GeoManager application(s) to any third party;

(c)use, or permit a third party to use, the Trimble GeoManager application(s) for any emergency, mission critical or hazardous activities;

(d)use the Trimble GeoManager application(s) for any third party training or similar commercial purposes;

(e)cause or allow the disassembly, decompilation or reverse engineering of the Trimble GeoManager application(s) or otherwise attempt to gain access to the source code of the Trimble GeoManager application(s); and

(f)cause, assist or allow any third party to do any of the acts described in this paragraph 15.15.

15.16You understand that you have no rights or interests in the Trimble GeoManager application(s) other than those expressly granted in this section.

Additional obligations and acknowledgements

15.17You must not:

(a)use the Trimble GeoManager Solution for any unlawful, abusive or fraudulent purpose;

(b)use the Trimble GeoManager Solution in any way that interferes with Trimble's ability to provide products or services to other customers;

(c)create or use any software programs that automatically activate functions on Trimble's website without Trimble's written consent; and

(d)use, duplicate or disclose any technical data or information relating to the operation of the Trimble GeoManager Solution disclosed to you by Trimble without Trimble's written consent.

15.18You understand that:

(a)we and/or Trimble are not responsible for the improper storage of data transmitted by your vehicles or entered by you via Trimble’s website or the Trimble GeoManager application(s), or for the delivery of messages;

(b)if you download or access any data, information, files or other materials from Trimble's website you do so at your own risk;

(c)the functionality of the Trimble GeoManager Solution may be restricted by the functionality and limitations of our GPRS, 3GSM and/or Next G networks, global positioning systems and the Internet;

(d)Trimble GeoManager application(s) purchased from us will not operate in any country other than Australia;

(e)the Trimble GeoManager Solution will be automatically suspended if it has not been used by you in a particular vehicle for approximately 4 hours and will not operate until the ignition in the relevant vehicle is restarted;

(f)the Trimble GeoManager Solution does not collect and store data from your vehicles in real time and there may be delays in receiving data transmitted from your vehicles;

(g)it is your responsibility to confirm that any maps or directions provided to you through your use of the Trimble GeoManager Solution are accurate;

(h)it is your responsibility to ensure that your use of the Trimble GeoManager Solution complies with your privacy obligations;

(i)you must clearly and conspicuously notify each individual who may be the subject of location information collected through the in-vehicle devices, both in advance and regularly afterwards, that:

(i)the location information may be accessed and/or used by, and disclosed to, you or your service providers or other nominees; and

(ii)a third party may be able to identify the individual’s geographic location.

(j)Trimble may use data transmitted from your vehicles or entered by you via Trimble’s website or the Trimble GeoManager application(s) in accordance with its privacy policy which may be viewed at http://www.trimble.com/privacy.shtml;

(k)we do not warrant that the Trimble GeoManager Solution or the website operated by Trimble will be error-free or operate uninterrupted;

(l)as far as the law permits, we exclude all warranties, rights and remedies in connection with the Trimble GeoManager Solution, and each component of it supplied by us (or Trimble on our behalf), that you would otherwise be entitled to at law (however this does not limit or exclude any warranties available to you at law which cannot be limited or excluded); and

(m)as far as the law permits, neither we nor Trimble will be liable for any loss or damage arising out of your breach of any privacy or data protection laws, including by your use (or attempted use) of the Trimble GeoManager Solution, or transmission of information as part of your use of the Trimble GeoManager Solution.

Trimble GeoManager application(s) support services