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License terms by Trimble in addition to Powel Terms and Conditions

Developer and the end user of the Application (“End User”) hereby acknowledge that the End User License Agreement (‘EULA’) is concluded between the Developer and the End User only and not with Trimble. The Developer not Trimble is solely responsible for the Application and the content thereof.

The license granted to the End User for the Developer’s distributed Application is limited to a non-transferable license to use the Developer’s distributed Application on any applicable device that the End User owns or controls.

The Developer is responsible for providing any maintenance and support services with respect to the Application as specified in the EULA or as required under applicable law. The Developer and the End User must acknowledge that Trimble has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

The Developer is solely responsible for any product warranties whether expressed or implied by that to the extent not effectively disclaimed, whereas Trimble has no other warranty obligation whatsoever with respect to the Application. Any other claims for loss or damage or expenses attributable to any failure to conform to any warranty have to be directed towards the Developer.

The Developer and the End User acknowledge that the Developer not Trimble is responsible for addressing any claims of the End User or any third party relating to the Application or the End User’s possession and/or use of the Application including but not limited to:
(i) product liability claims;
(ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement;
and (iii) claims arising under consumer protection or similar legislation.

The Developer and the End User acknowledge that in the event of any third party claim concerning the Application or the End User’s possession and use of the Application infringing any third party’s intellectual property rights or other proprietary rights (including rights of privacy), the Developer not Trimble shall be solely responsible for the investigation, defence, settlement and discharge of any such claim.