Software includes Product firmware, software locally installed on your systems, and software accessed by you through the Internet or other remote means (such as websites, portals, and software-as-a-service and other "cloud-based" solutions (“ SaaS”)). " Software" means any software, library, utility, tool, or other computer or program code purchased from the eCommerce Solution, in object (binary) or source-code form, and any related documentation. " Products" means hardware products purchased from the eCommerce Solution and any related documentation. These Terms cover the direct purchase of Products and Software from Trimble for use by you, and do not apply to any purchases of Products or Software for resale or incorporation into (or integration with) your own products and services.ġ. If there is a conflict or inconsistency between any provisions in these Terms and those of a User Agreement or the Website Terms of Use, the provisions of the User Agreement or the Website Terms of Use will control, unless otherwise expressly set forth in these Terms. Your use of Products and Software is governed by separate product agreements (“ User Agreements”), which include, without limitation, End User License Agreements (EULAs) for Software, terms of service for SaaS (as defined below), etc.
These Terms apply to the purchases of Products and Software from the eCommerce Solution only and not to any other purchases of Trimble products, software or services. In these Terms, “Trimble”, “we” or “us” means the applicable Trimble entity as set forth in Section 11 (Contracting Party Governing Law Venue).
These Terms & Conditions of Sale (“ Terms”) govern your use of Trimble’s eCommerce solution (the “ eCommerce Solution”) to purchase Products and Software (as each are defined below) and are intended to supplement Trimble’s Website Terms of Use, which, for the avoidance of doubt, also apply to your use of the eCommerce Solution.
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