![]() entitlement code and/or digital identity) that is required to enable the User to access the Software. “ License Key” means a technical solution (e.g. “ License Fees”’ mean the amounts specified in the Order Form and payable by You in consideration of the grant of License. “ License” means the license to Software granted to You in accordance with this EULA. “ EULA” means this End-User License Agreement for Software. “ Error” means a defect or fault in the Software which prevents the Software from operating substantially in accordance with the Documentation. “ Equipment” means such hardware of You or an Authorized Affiliate or a Professional Consultant that fulfils the minimum configuration requirements set forth in the Documentation. “ Documentation” means user and other documentation concerning the Software, whether in printed, online and/or electronic form. “Data Protection Legislation” means (i) General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, (ii) any successor legislation to the GDPR. “ Partner Program” means Trimble’s program for third parties, as defined under Clause 15 below, in which You or an Authorized Affiliate may enroll subject to separate agreement. “ Confidential Information” means the Software, Documentation and any information and material in whatever form concerning operation, personnel and business dealings of either Trimble or You that either is marked as confidential, or that should reasonably be understood to be confidential by its nature or circumstances in which the information or material is disclosed. “ Authorized Distributor” shall mean an affiliated company of Trimble, an authorized reseller of Trimble, or a third party partner awarded by Trimble, such as an integrator or a hardware provider. “ Authorized Affiliate” means an Affiliate that is authorized to use the Software within the License Parameters and is located within the Territory. “ Application” means any programmed or executable component that interacts with the Software using the Software's Interface or Open API, as defined under Clause 15.2 below. For the purposes of this definition, " control" shall exist through a right to nominate or dismiss 50% or more of the members of the board of directors of an entity, or persons performing equivalent functions, whether through ownership of shares entitling to 50% or more of the number of votes represented at a general meeting of such entity, or otherwise, for so long as such control subsists and whether directly or indirectly. “ Affiliate” means another entity controlled by or under common control with You. 1 Definitionsġ.1 In this EULA the following words and expressions shall have meanings hereby assigned to them, unless the context expressly requires otherwise: IF YOU DO NOT AGREE WITH THESE CONDITIONS, YOU MAY NOT SETUP, INSTALL, DEPLOY OR OTHERWISE USE THE SOFTWARE. ![]() AFFIRM THAT YOU ARE AN AUTHORIZED USER OF THIS SOFTWARE AND THAT YOUR INSTALLATION OF THE SOFTWARE IS LEGAL AND PERMITTED UNDER THIS EULA. ACKNOWLEDGE THAT THIS EULA CONTAINS IMPORTANT OBLIGATIONS AND APPLICABLE LIMITATIONS AND RESTRICTIONS ON USE OF THE SOFTWARE ANDĤ. ACKNOWLEDGE THAT YOU HAVE READ THIS EULA,ģ. ACCEPT AND AGREE TO THE TERMS OF THE EULA Ģ. THIS EULA SETS OUT THE TERMS AND CONDITIONS UPON WHICH TRIMBLE IS WILLING TO LICENSE THE SOFTWARE (DEFINED BELOW) TO YOU, REGARDLESS OF WHETHER SUCH LICENSE IS PROVIDED TO YOU BY TRIMBLE DIRECTLY OR BY AN AUTHORIZED DISTRIBUTOR (DEFINED BELOW).īY PLACING AN ORDER OR ENTERING INTO AN AGREEMENT INCORPORATING THIS EULA OR BY CLICKING THE "I ACCEPT" BUTTON YOU:ġ. IF THERE ARE DISCREPANCIES BETWEEN THE ENGLISH VERSION AND ANY OTHER LANGUAGE VERSION OF THIS EULA, ENGLISH VERSION SHALL TAKE PRECEDENCE. ![]() THE TERMS OF THIS EULA SHALL CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU (DEFINED BELOW) AND TRIMBLE (DEFINED BELOW). UNAUTHORIZED REPRODUCTION, DISPLAY, MODIFICATION, DISTRIBUTION AND USE OF THIS SOFTWARE OR THE DOCUMENTATION, OR ANY PORTION OF THEM, MAY CONSTITUTE AN INFRINGEMENT OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS AND RESULT IN CIVIL AND CRIMINAL LIABILITY. THE TEKLA SOFTWARE PRODUCT, TOGETHER WITH ITS DOCUMENTATION, TO WHICH THIS EULA (DEFINED BELOW) IS APPLIED, AND/OR IN WHICH THIS EULA IS EMBEDDED, IS PROTECTED BY COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS AND INTERNATIONAL TREATIES.
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