Trimble Site Terms of Use

Last updated: January 10, 2024

This website or web property is operated by Trimble Inc., 10368 Westmoor Drive, Westminster, CO 80021, United States of America, or one of its affiliates. All notices relating to copyright infringement should be sent to the copyright agent designated in Section 20 below, in the manner and by the means set out therein.

These Terms of Use (the “Terms”) are entered into by and between you and Trimble Inc., on behalf of itself and its affiliates (collectively, “Trimble”, “we”, “us”, or “our”), and govern your access to and use of any Trimble website or other web property, including an online portal or interface, operated by or on behalf of Trimble (each, a “Site”).

1. Acceptance of Terms. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE.  By using the Site or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound by and to abide by these Terms. If you do not want to agree to these Terms, you must not accept them if the option is made available to you to do so and must not access or use the Site.

You agree that all information you provide through the use of the Site, including but not limited to any interactive features, is governed by the Trimble Privacy Notice located at https://www.trimble.com/en/our-commitment/responsible-business/data-privacy-and-security/data-privacy-center/privacy-notice, and to the extent permitted by law you consent to all actions we take with respect to your information consistent with the Trimble Privacy Notice.

1.1 Changes to Terms. You are bound by the version of these Terms in effect on the date of each visit to the Site. Trimble reserves the right to update and change these Terms from time to time at its sole discretion. You may be required to accept the updated Terms before you can continue to use the Site. Such acceptance or your continued use of the Site following the posting of any changes to the Terms will confirm your acceptance of and agreement to be bound by the updated Terms. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you. Notwithstanding the foregoing, any changes to the dispute resolution provisions set out in Section 18 (“Governing Law and Venue; Waiver of Jury Trial; Claims Period”) will not apply to any disputes for which the parties have actual notice before the date the updated Terms are posted on the Site.

2. Additional Terms and Conditions. Additional terms and conditions may apply to specific portions, services, or features of the Site or Content, as defined below, available through the Site, including Premium Content Terms and Customer Agreements, as defined below.  Transactions for the purchase of Trimble software licenses and subscriptions and other content through the Site may be governed by the Trimble Offering Terms located at https://www.trimble.com/en/legal/offering-terms. You also may be subject to additional terms and conditions that may apply when you purchase or use content, materials, software, or services provided by third party providers to the Site. In the event of a conflict between these Terms and any other terms and conditions applicable to your use of the Site or Content (including but not limited to Premium Content Terms, Customer Agreements, and the Trimble Offering Terms), such other terms and conditions will control. 

3. Access to the Site and Content; Premium Content; Account Security. To access the Site and/or to access the contents, resources, features, and functionality (including but not limited to all information, software, displays, textual and audiovisual content, and the design, selection, and arrangement thereof) (collectively, “Content”) available through the Site, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site and Content that all the information you provide in connection with that use is correct, current, and complete.

Certain software, features, functionality, and services available through the Site may be accessed from password-protected areas only or by users who have purchased a separate license or subscription to use them (“Premium Content”). Access to and use of Premium Content is restricted to authorized users who have met the qualifications required by Trimble, in its sole discretion, for its use. Premium Content may be provided subject to the terms and conditions of a separate usage, license, subscription agreement (“Premium Content Terms”). In the event of a conflict between these Terms and a term or provision contained in Premium Content Terms, the Premium Content Terms will control.

If you choose, or are provided with, a username, password, passcode, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to share it or provide any other person with access to the Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You will exit from your account at the end of each Site session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Site or to the entire Site. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms or you cross-default under an associated agreement or license such as Premium Content Terms or a Customer Agreement. Trimble may add to, change or modify, or remove Content or products, software, or services mentioned at any time without notice.


4. Limited Right to Use Site and Content. Under these Terms, you are permitted to access and use the Site and its Content for your personal, non-commercial use only, except that if you are accessing the Site pursuant to an license agreement, subscription agreement, terms of sale, or terms of use, or other agreement between Trimble and you or your employer (a “Customer Agreement”) or pursuant to Premium Content Terms or Trimble Offering Terms, you may access and use the Site and its Content solely in accordance with the terms of that Customer Agreement, Premium Content Terms, or the Trimble Offering Terms as well as these Terms. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content except as follows:

• Your computer may temporarily store Content in RAM incidental to your accessing and viewing that Content.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by the applicable terms for such applications, such as an End User License Agreements, our Trimble Offering Terms, or a Customer Agreement.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site or Content in breach of these Terms or any other related agreement or license (e.g., a Customer Agreement), your right to use the Site and Content will immediately terminate and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or Content is transferred to you, and all rights not expressly granted are reserved by Trimble and its licensors and suppliers. Any use of the Site not expressly permitted by these Terms and another related agreement or license is a breach of these Terms and may violate copyright, trademark, and other laws.

If you violate these Terms, your authorization to use the Site automatically terminates and you must immediately discontinue use of and destroy any downloaded or printed Content obtained from the Site.

5. Prohibited Uses. You may use the Site and Content only for lawful purposes and in accordance with these Terms. You agree not to use the Site and/or Content:

• In any way that violates any applicable international, federal, provincial, state, or local law, rule, or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.

• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

• To impersonate or attempt to impersonate Trimble, a Trimble employee, a Trimble customer, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site or Content, or which, as determined by us, may harm Trimble or users of the Site or Content, or expose them or us to liability.

• To upload or otherwise make available files or content that contain text, images, photographs, software or other materials owned by others that are protected by intellectual property laws (e.g., copyright, trademark, rights of privacy or publicity) and for which you have not received all necessary and legal consents for their use.

• For advertising, offering to sell or buy goods, or other business promotional purposes, except where expressly allowed by us.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with the proper working of the Site or any other party's use of the Site, including their ability to engage in real time activities through the Site.

• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

• “Frame” or “mirror” the Site or any Content.

• Use any manual process to monitor or copy any of the Content, or for any other purpose not expressly authorized in these Terms, without our express prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Site.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. 

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the servers, networks, and/or environment through which the Site is provided, or any server, computer, or database connected to the Site.

• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

• Modify any Content or use Content for any public display, performance, sale, rental, or for any commercial purpose except as otherwise authorized above.

• Decompile, reverse engineer, or disassemble the Site or any Content except and only to the extent permitted by applicable law.

• Delete or alter any copyright, trademark, or other proprietary rights notices from any Content.

• Transfer, provide, or make available Content to any other person, organization, or entity.

6. User Contributions. The Site may contain user profiles, forums, comment capabilities, message boards, user communities, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other Site users or other persons (“post”) content or materials (collectively, “User Contributions”) on or through the Site. All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on and/or through the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, except to the extent otherwise stated in terms and conditions applicable to you such as a Customer Agreement, Premium Content Terms, or the Trimble Offering Terms.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

• All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Trimble, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

7. Monitoring and Enforcement. We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates or is otherwise not permitted under these Terms (including the Content Standards) or any terms and conditions including the Customer Agreement, Premium Content Terms, or the Trimble Offering Terms; infringes any intellectual property right or other right of any person or entity; threatens the personal safety of users of the Site or the public; or could create liability for Trimble and/or its affiliates, licensees, or service providers.

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

• Terminate or suspend your access to all or part of the Site for any violation of these Terms or other terms and conditions applicable to your use of this Site such as a Customer Agreement, Premium Content Terms, or the Trimble Offering Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY SUCH PARTY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

8. Content Standards. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable international, federal, provincial, state, and local laws, rules and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, gender identity, sexual orientation, or age.

• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms, a Customer Agreement, Premium Content Terms, the Trimble Offering Terms, and/or the Trimble Privacy Notice at https://www.trimble.com/en/our-commitment/responsible-business/data-privacy-and-security/data-privacy-center/privacy-notice.

• Be likely to deceive any person.

• Promote any illegal activity, or advocate, promote, or assist any unlawful act.

• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

• Impersonate any person or misrepresent your identity or affiliation with any person or organization.

• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

9. Linking to the Trimble Homepage. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Trimble’s part without Trimble’s express prior written consent. You agree to cooperate with us in causing any unauthorized linking immediately to stop.

We reserve the right to withdraw linking permission without notice. By placing a link on your website to the Site you agree to promptly remove such link at Trimble’s request. For information on Trimble authorized logo and trademark use programs, please contact brand@trimble.com.

10. Third Party Links on the Site. If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

11. Products, Software and Services. Our obligations with respect to our products, software and services available or accessible through the Site are governed solely by the terms and conditions under which they are provided, including but not limited to Customer Agreements, Premium Content Terms, and the Trimble Offering Terms. For example, if you download software from the Site, use of the software will be governed by the provisions of the applicable Customer Agreement, End User License Agreement, or other software license agreement that accompanies or is provided with the software. If you obtain a product, software, or service from Trimble through the Site that is provided without an agreement, that product, software or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that product, software or service is entirely at your own risk.

12. Intellectual Property Rights. All right, title and interest in and to the Site and its Content are proprietary to and are owned by Trimble, its licensors, or other providers of such materials and are protected by worldwide copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All rights not expressly granted under these Terms are retained by Trimble and its suppliers. No portion of the Site, or any software or service accessed through the Site, may be reproduced in any form, or by any means, except as authorized below, without our express prior approval.

Trimble, the Globe and Triangle Logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Trimble. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

13. Disclaimer of Warranties. The information and Content presented, available, and/or accessible on or through the Site is provided solely for general information purposes. We do not warrant, and assume no responsibility for, the accuracy, completeness, or usefulness of this information and Content. Any reliance you place on such information and Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. We may update Content on the Site from time to time, but Content may be out of date at any given time, and we are under no obligation to update such material. We strive to display accurate information through the Site, including pricing; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions, and we reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. Mention of non-Trimble products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

The Site may include content provided by third parties, including but not limited to materials provided by dealers and other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Trimble, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Trimble. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TRIMBLE NOR ANY PERSON ASSOCIATED WITH TRIMBLE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER TRIMBLE NOR ANYONE ASSOCIATED WITH TRIMBLE REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Limitation of Liability. IN NO EVENT WILL TRIMBLE, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS BE LIABLE 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 SITE, SITE CONTENT, OR ANY OTHER TRIMBLE PRODUCT, SOFTWARE OR SERVICE, LOSS OR INTERRUPTION OF BUSINESS, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED), EVEN IF TRIMBLE OR ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IRRESPECTIVE OF THE NUMBER OR NATURE OF CLAIMS. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

15. Indemnification. You agree to indemnify and hold harmless Trimble, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Contributions, any use of the Content, products, software and services available through the Site other than as expressly authorized in these Terms or another agreement between Trimble and you governing your use thereof, or your use of any information obtained from the Site.

16. U.S. Government Restricted Rights. With respect to Content, including software licenses or subscriptions, acquired by or on behalf of the U.S. Government, such software is subject to RESTRICTED RIGHTS and is licensed consistent with and pursuant to the policies set forth in 48 C.F.R. § 12.212 (for civilian agencies) and 48 C.F.R. § 227.7202‑1 and § 227.7202‑4 (for the Department of Defense). Trimble software and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation” as such terms are used in 48 C.F.R. § 12.212 or § 227.7202, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation may also be recognized as COTS items, readily available in the commercial part place as defined at 48 C.F.R. § 2.101. The Commercial Computer Software and Commercial Computer Software Documentation are licensed to the U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights are reserved under the copyright laws of the United States. Use of Content by the Government constitutes acknowledgment of Trimble’s proprietary rights in them.

17. International and Export. The Site is administered by Trimble from its offices at Westminster, Colorado in the United States of America. Trimble makes no claim or representation that Content on the Site is appropriate or available for use in locations outside the United States of America, and accessing them from territories where Content is illegal is prohibited. Access to the Site and Content may not be legal by certain persons or in certain countries. You may not use or export or re-export Content obtained through the Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States export laws and regulations. If you choose to access the site from locations outside the United States of America, you do so on your own initiative and are responsible for compliance with applicable local laws.

18. Governing Law and Venue; Waiver of Jury Trial, Claims Period. These Terms will be governed exclusively by, and will be construed and enforced exclusively in accordance with, the laws of the State of Delaware, United States of America without regard to or application of its conflicts-of-laws provisions.  Any legal proceeding arising out or relating to this Agreement will be subject to the sole and exclusive jurisdiction of the United States District Court for the District of Delaware or any state court sitting in Wilmington, Delaware, to the exclusion of all other courts and venues, and each Party irrevocably consents to the sole and exclusive jurisdiction and venue of the United States District Court for the District of Delaware or any state court sitting in Wilmington, Delaware and waives any right to object thereto. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, AND APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE OR CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

19. General Provisions. Except as otherwise specified herein, these Terms constitute the entire agreement between you and Trimble with respect to your use of the Site and Content and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Trimble with respect thereto. Any rights not otherwise expressly granted by these Terms are reserved by Trimble. No waiver of any provision or breach of these Terms (a) will be effective unless made in writing, or (b) will operate as or be construed to be a continuing waiver of such provision or breach. Regardless of which party may have drafted these Terms, no rule of strict construction will be applied against either party. In the event any portion of these Terms are held to be invalid or unenforceable, such portion will be construed as nearly as possible to reflect the original intent of the parties, or if such construction cannot be made, such provision or portion thereof will be severable from these Terms, provided that the same will not affect in any respect whatsoever the remainder of these Terms. The parties have specifically requested that this agreement be drafted in English. Les Parties ont spécifiquement demandé que cette entente soit rédigée en anglais. If there is a conflict between versions of these Terms in any other language, the English language version controls. In the case of any violation of these Terms, Trimble reserves the right to seek all remedies available in law and equity for such violations.

20. Digital Millennium Copyright Act - Digital Services Act – Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Trimble’s DMCA/DSA administrator the written information specified below.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyrighted work that you claim has been infringed upon;

• A description of where the material that you claim is infringing is located on the Site, including the auction ID number, if applicable;

• Your address, telephone number, and e-mail address;

• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Trimble’s DMCA/DSA administrator for notice of claims of copyright infringement on the Site can be reached as follows:

DMCA/DSA Administrator
Legal Department
Trimble Inc.
10368 Westmoor Drive
Westminster, CO 80021
Email: DMCA@trimble.com 

21. Digital Services Act – Notice and Procedure for Making Claims of Copyright Infringement. 

Trimble’s Point of Contact, in addition to the DMCA/DSA coordinator, and Trimble Inc.’s representative for purposes of any matters related to the Digital Services Act (Regulation (EU) 2022/2065) in the European Union is :

Trimble Europe B.V.
Industrieweg 187a
5683CC Best
The Netherlands
Email: tebv_legaladministration@trimble.com