SketchUp Viewer for Windows Mixed Reality - Supplemental Terms

These terms (“Terms”) supplement the MSFT Standard Application License Terms, available at https://www.microsoft.com/en-us/servicesagreement/#STANDARDAPPLICATIONLICENSETERMS, or a successor URL (“SALT”) for your use of the application provided by (1) Trimble Inc., if you download the application in the United States, or (2) Trimble Europe B.V., if you download the application from outside of the US (as applicable, “Trimble”). The SALT and these Terms are referred to collectively as the “Agreement.” In the event of a conflict between the SALT and these Terms, these Terms will control. The SALT, as modified by these Terms, otherwise remains in full force and effect.

  1. The application is designed to render 3D SketchUp models (“Models”) on a mixed reality device (“Device”). In addition to the restrictions in Section 3 of the SALT, you may not: (a) remove any product identification, proprietary, copyright, or other notices contained in the application; (b) modify or translate any part of the application, create a derivative work of any part of the application, or incorporate the application into or with other software; or (c) publicly disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the application. You are responsible for complying with all applicable laws and regulations.

  2. You need a valid Trimble user account to use the application. You can create a user account with (1) a valid Trimble ID, which can be obtained at: https://www.sketchup.com/create_tid, or (2) a valid Google ID. To sign in using a Google ID, you must authorize Google to share account information with Trimble and you must maintain your Google ID in good standing subject to any separate user terms between you and Google. The authentication information Google provides to Trimble or you provide to Trimble may contain personally identifiable information, which will be handled by Trimble as described below, and we may publicly display the username and profile photo (if any) associated with your Trimble or Google user account. You may not create more than one User Account per individual user. You must have an active Internet connection in order to sign in the Software.

  3. The application may enable you to connect to other Trimble products and services, and any access to or use thereof are subject to additional terms and conditions which are presented by Trimble at the time of access. The application may support integrations with third-party products and services (“External Services”), which may require you to input credentials for the External Service. By enabling any External Service, you authorize Trimble to access your accounts with such External Service to authenticate such integrations. You are solely responsible for complying with any relevant terms and conditions of the External Services and maintaining appropriate accounts in good standing with the providers of the External Services.

  4. Trimble may provide bug fixes as an update to the application, which will be included in the term “application.” In certain cases, Trimble may require you to download updates to continue to use the application. Trimble has no obligation to provide any upgrades, support or maintenance for the application.

  5. Unless otherwise specified at time of purchase, (A) the license term is twelve (12) months, and (B) each license term shall automatically renew for a term of equal duration at the then-current price unless (1) either party gives the other written notice of termination at least thirty (30) days prior to expiration of the license term, or (2) you opt out of automatic renewals in a timely manner through another process, if any, prescribed by Trimble applicable to the Software; provided that if the initial license term was pro rated to be less than 12 months, then any renewal license term shall be 12 months. Upon any expiration or termination of the Agreement, you will immediately cease any and all use of and access to the application and delete any and all copies of the application and documentation. Except where an exclusive remedy is specified, the exercise of either party of any remedy under the Agreement, including termination, will be without prejudice to any other remedies it may have under the Agreement, by law or otherwise. Sections 3 (Scope of License), 5 (Technology and Export Restrictions), 7 (Entire Agreement), 8 (Applicable Law), 9 (Legal Effect), 10 (Disclaimer of Warranty), and 11 (Limitation on and Exclusion of Remedies and Damages) of the SALT, and paragraphs 1, 5, 6, 7, and 8 of these Terms will survive any termination or expiration of this Agreement.

  6. IN ADDITION TO THE DISCLAIMER OF WARRANTY IN SECTION 10 OF THE SALT, (A) TRIMBLE DISCLAIMS ANY WARRANTY OF TITLE AND (B) YOU AGREE THAT ANY USE BY YOU OF THE APPLICATION OR ANY DEVICE IS SOLELY AT YOUR OWN RISK AND YOU AGREE THAT TRIMBLE WILL HAVE NO LIABILITY FOR SUCH USE, INCLUDING WITHOUT LIMITATION FOR ANY INJURY, ILLNESS, OR DAMAGE TO PROPERTY CAUSED BY YOUR USE OF THE APPLICATION OR THE DEVICE. TRIMBLE HAS NO LIABILITY FOR ANY DEVICE AND MAKES NO WARRANTIES REGARDING ANY DEVICE, INCLUDING WITHOUT LIMITATION CONTINUED COMPATIBILITY OF THE APPLICATION WITH THE DEVICE OR ITS OPERATING SYSTEM. YOU AGREE TO USE YOUR DEVICE IN CONFORMANCE WITH ANY HEALTH, SAFETY, AND OTHER GUIDANCE FOR USE OF THE DEVICE PROVIDED BY MICROSOFT OR ANY OTHER PARTY. TRIMBLE WILL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY MODELS OR YOUR RELIANCE ON OR USE OF SUCH MODELS.

  7. The application may utilize or include third party software terms (“3P Software”) that is subject to open source and/or third party license, and/or other terms and conditions (“3P Terms”). Your limited right to use such 3P Software as part of the application is governed by the applicable 3P Terms, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. Any noncompliance by you with any 3P Terms will be deemed a material breach of this Agreement. NEITHER TRIMBLE NOR ITS SUPPLIERS OFFER ANY WARRANTY IN CONNECTION WITH ANY 3P SOFTWARE AND NEITHER TRIMBLE NOR ITS SUPPLIERS WILL BE LIABLE TO YOU FOR SUCH 3P SOFTWARE. In the event of a conflict between this Agreement and any 3P Terms, the 3P Terms will control with regard to your use of the relevant 3P Software.

  8. Miscellaneous

    1. Trimble may provide you with notices via email associated with your Trimble account. Any notices you give to Trimble under this Agreement will be deemed given only when personally delivered, delivered by reputable international courier requiring signature for receipt, or 3 business days after being deposited in the mail, first class, postage prepaid, in each case to: Trimble Inc., Attn: General Counsel, 935 Stewart Dr., Sunnyvale, CA 94085 USA.

    2. If you downloaded the application (A) in the US, this Agreement will be construed in accordance with the laws of the State of CA without reference to its choice of law provisions, and the Federal and State courts located in Santa Clara County, CA will be the exclusive venue for any actions related to this Agreement, and (B) outside of the US, this Agreement will be construed in accordance with the laws of The Netherlands without reference to its choice of law provisions, and courts located in Amsterdam, The Netherlands will be the exclusive venue for any actions related to this Agreement. The parties hereby consent to the personal jurisdiction of those courts for such purposes. The parties expressly disclaim the UN Convention on the International Sale of Goods with respect to this Agreement.

    3. If any provision of this Agreement is held unenforceable, that provision will be enforced to the extent permissible by law and the remaining provisions will remain in full force.

    4. This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. You may not assign or transfer this Agreement or any rights hereunder without Trimble’s prior written consent Trimble may assign or transfer its rights or obligations hereunder at its sole discretion.

    5. No provision of this Agreement will be deemed waived unless in a writing signed by Trimble. All amendments to this Agreement must be in writing and signed by both parties.

    6. Elements of the application are commercial computer software. If the user or licensee of the application is an agency, department, or other entity of the US Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the application or any related documentation of any kind, including technical data and manuals, is restricted by a license agreement or by this Agreement in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. The application was developed fully at private expense. All other use is prohibited.

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