SketchUp Mobile Viewer License

Trimble Inc.

End User License Agreement for SketchUp Viewer

Important: If you click to accept this EULA or download, install or use the Software (as defined below), you are agreeing to be bound by the terms of this EULA.

  1. Introduction. This End User License Agreement for SketchUp Viewer (this “EULA”) is between Trimble Inc., a Delaware corporation, and its affiliates (“Trimble” or “we”) and the individual or entity that has downloaded or procured the Software (“Customer” or “you”). If you are an individual accepting this EULA on behalf of Customer, you represent and warrant that you have full legal authority to bind Customer to this EULA. If you have entered into a separate written license agreement with Trimble for use of the Software, the terms and conditions of such other agreement shall prevail over any conflicting terms or conditions in this EULA.

The “Effective Date” of this EULA is the date which is the earlier of (a) the date the Software is first made available to you or (b) the date of your purchase of a subscription to the Software through any online provisioning, registration or order process. If you purchased a subscription to the Software from a third-party app store, marketplace or other site or service (each, an “Online Store”), your use of the Software shall be governed by this EULA, subject to Section 16 (Purchase from Online Store) below.

  1. The Software.

    1. Software Description. Trimble’s SketchUp Viewer (the “Software”) is designed to render three-dimensional models created for or otherwise compatible with Trimble’s SketchUp offering (“Models”) on a mobile, augmented reality or virtual reality device (“Device”). Trimble provides the Software on a subscription basis for a fixed period (the “Subscription Term”). Unless otherwise specified at the time of purchase, the Subscription Term shall be twelve (12) months.

    2. Updates and Documentation. We may provide updates or upgrades to the Software (“Updates”), which will be included in the term “Software.” In certain cases, we may require you to download Updates to continue to use the Software. Any supporting user or technical documentation provided with or related to the Software (“Documentation”) is also included in the term “Software”.

    3. Your License Right. Subject to the terms and conditions of this EULA, Trimble grants you a non-exclusive, non-transferable, non-sublicenseable, limited license to install and use the Software on a compatible Device that you own or control (“Your Device”) during the applicable Subscription Term, solely for your personal use and otherwise in accordance with this EULA and the Documentation.

    4. Restrictions. You will not: (i) reproduce, modify, create derivative works of, distribute, sublicense or transfer the Software, or merge the Software with any other data, information or content; (ii) use the Software for the benefit of any third party; (iii) circumvent mechanisms in the Software intended to limit your use; (iv) reverse engineer, disassemble, decompile, or translate the Software, or attempt to derive the source code of the Software, except as permitted by law; (v) use the Software except as expressly permitted herein; (vi) remove or obscure any proprietary or other notices contained in the Software; (vii) publicly disseminate information regarding the performance of the Software or (viii) permit a third party to do any of (i) through (vii).

  2. Other Applicable Terms.

    1. Third Party Software. If specified in this EULA or in the Documentation, the Software may utilize or include certain third party-produced software, including without limitation software that is subject to open source and third party license terms (“Third Party Software”). You acknowledge and agree that your limited license right to use such Third Party Software as part of the Software is subject to and governed by the terms and conditions of the end user terms or open source or third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein (“Third Party Terms”). Any noncompliance by you with any Third Party Terms will be deemed a material breach of this EULA. NEITHER TRIMBLE NOR TRIMBLE’S SUPPLIERS OFFER ANY WARRANTY IN CONNECTION WITH ANY THIRD PARTY SOFTWARE AND NEITHER TRIMBLE NOR ITS SUPPLIERS WILL BE LIABLE TO YOU FOR SUCH THIRD PARTY SOFTWARE. In the event of a conflict between this EULA and any Third Party Terms, the Third Party Terms will control with regard to your use of the relevant Third Party Software. The applicable Third Party Terms with respect to the Software (including, without limitation, any open source software) are identified within the Software and are incorporated into this EULA by this reference.

    2. Other Trimble Services. The Software may enable you to connect to additional Trimble services, such as Trimble’s 3D Warehouse and Trimble Connect. Any access to or use of any such additional Trimble service is subject to the respective terms of use for such service, which are presented by Trimble at the time of access. The 3D Warehouse Terms of Use are currently available at https://3dwarehouse.sketchup.com/tos.html . The Trimble Connect Terms of Service are currently available at https://connect.trimble.com/tos.html . For avoidance of doubt, your use of such additional Trimble services is governed by those offerings’ respective terms of service and not by this EULA.

  3. Trimble Data Collection.

    1. Activation Data. Trimble may use your Internet connection for the purpose of transmitting license-related data at the time of installation, registration, use or Update of the Software and for validating the authenticity of the license-related data in order to register your Software and protect Trimble against unlicensed or illegal use of the Software.

    2. Usage Data. The Software may collect information about the following: (i) Your Device’s IP address and approximate geographic location and (iii) Your Device’s carrier, operating system and type, and your usage of the Software, e.g., features used and session length (“Usage Data”). Trimble may use Usage Data to provide the Software and related services, improve its products and services and develop aggregate statistics.

  4. Subscription Renewals. Each Subscription Term shall automatically renew for additional periods of the same duration unless you cancel your subscription.

  5. Fees. Your license to use the Software is contingent on your payment of any applicable fees, and any use of the Software without payment of the applicable fees constitutes a material breach of this EULA. All fees are as set forth at the time of purchase or renewal, as applicable, and must be paid in accordance with the payment terms presented at that time. Except as expressly set forth in Section 16 (Purchase from Online Store) and Section 17 (Apple-Specific Terms), all fees are non-refundable.

  6. Ownership. Each copy of the Software is licensed, not sold. Trimble and its licensors have and retain all right, title and interest in the Software (including all intellectual property rights). All rights in and to the Software not expressly granted to you are reserved by Trimble and its licensors.

  7. Modifications to EULA. Trimble may update or revise this EULA from time-to-time, with notice given to you by email or through the Software itself. If you do not agree to the modified EULA, you must cancel your subscription to the Software. Any EULA modifications will be effective upon any renewal of a Subscription Term. Notwithstanding the foregoing, if the EULA modifications were necessitated by applicable law or regulation or by the operator of the Online Store from which you purchased a subscription to the Software, then, as specified by Trimble, such modifications may be effective upon a shorter time frame (or immediately) and your continued use of the Software shall be deemed acceptance of such modified EULA.

  8. Termination. This EULA is effective as of the Effective Date and expires on the date of expiration or termination of all Subscription Terms. You may terminate this EULA at any time by cancelling your subscription to the Software and ceasing all use of the Software. In addition, Trimble may terminate this EULA immediately if (i) you breach this EULA (including by failure to pay the applicable fees) or (ii) any aspect of this EULA is limited by law or third party terms of service. Upon termination of this EULA, your license to the Software will automatically terminate and you must cease using the Software and delete the Software from Your Device. The following will survive termination: Sections 2.4 (Restrictions), 3 (Other Applicable Terms), 4 (Trimble Data Collection), 6 (Fees), 7 (Ownership), 9 (Termination), 11 (Disclaimers), 12 (Limitation of Liabilities), 13 (Export Compliance; Compliance with Laws), 14 (General), 16 (Purchase from Online Store) and 17 (Apple-Specific Terms).

  9. Support. Trimble uses reasonable efforts to facilitate online self-help by providing online forums and other resources to the Trimble community but has no obligation to provide any support or maintenance for the Software.

  10. Disclaimers. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED “AS IS” AND TRIMBLE AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. THERE IS NO WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE, THAT ACCESS WILL BE CONTINUOUS OR UNINTERRUPTED OR THAT ANY DATA PROVIDED OR USED WITH THE SOFTWARE WILL BE ACCURATE, COMPLETE OR TIMELY. YOU MAY HAVE OTHER STATUTORY RIGHTS; HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

THE SOFTWARE IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN LIFE SUPPORT, MEDICAL, EMERGENCY, MISSION CRITICAL OR OTHER STRICT LIABILITY OR HAZARDOUS ACTIVITIES (“HIGH RISK ACTIVITIES”). TRIMBLE SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. YOU REPRESENT AND WARRANT THAT YOU WILL NOT USE THE SOFTWARE (OR PERMIT IT TO BE USED) FOR HIGH RISK ACTIVITIES, AND AGREE THAT TRIMBLE WILL HAVE NO LIABILITY FOR USE OF THE SOFTWARE IN HIGH RISK ACTIVITIES.

ANY USE BY YOU OF THE SOFTWARE 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 SOFTWARE OR THE DEVICE. TRIMBLE HAS NO LIABILITY FOR ANY DEVICE AND MAKES NO WARRANTIES REGARDING ANY DEVICE, INCLUDING WITHOUT LIMITATION REGARDING CONTINUED COMPATIBILITY OF THE SOFTWARE WITH ANY DEVICE. YOU AGREE TO USE YOUR DEVICE IN CONFORMANCE WITH ANY HEALTH, SAFETY, AND OTHER GUIDANCE FOR USE OF THE DEVICE PROVIDED BY THE MANUFACTURER OF YOUR DEVICE OR ANY OTHER PARTY.

TRIMBLE SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY MODELS OR YOUR RELIANCE ON OR USE OF SUCH MODELS.

  1. Limitation of Liabilities. IN NO EVENT WILL TRIMBLE OR ITS LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER THIS EULA FOR (I) ANY LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS OR OTHER SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR (II) AMOUNTS EXCEEDING THE AMOUNT ACTUALLY PAID FOR THE SOFTWARE DURING THE PRIOR TWELVE (12) MONTHS. THIS SECTION WILL SURVIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILTY OR OTHERWISE AND WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS EULA IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

  2. Export Compliance; Compliance with Laws.

    1. Export Compliance. You are responsible for complying with all applicable export and import regulations and obtaining all necessary export and import licenses or permits for the direct or indirect export or import of any Software. Without limiting the generality of the foregoing, you hereby acknowledge and agree that the Software is subject to the U.S. Export Administration Regulations and was exported from the United States, if at all, in accordance with those regulations. In the exercise of your rights, and the performance of your obligations under this EULA, you shall comply strictly with all U.S. export control laws and regulations applicable to the Software, and shall not export, re-export, transfer, divert or disclose any such Software, or any direct product thereof, to any destination restricted or prohibited by U.S. export control laws, or to any national or resident thereof. Your obligations under this paragraph will survive the termination of this EULA for any reason whatsoever. You will defend, indemnify and hold Trimble harmless against any liability (including attorneys’ fees) arising out of your failure to comply with the terms of this paragraph. Your failure to comply with any term of this paragraph will constitute a material breach of this EULA and entitle Trimble to immediately terminate this EULA in addition to any other remedy available at law or equity.

    2. Compliance with Laws. You are responsible for complying with all applicable laws, regulations and codes of practice in your use of the Software.

  3. General. Trimble may provide you with required or permitted notices via email or through the Software, as determined by Trimble in its discretion. Any notices you give to Trimble under this EULA will be deemed given only when personally delivered, delivered by reputable international courier requiring signature for receipt, or three (3) business days after being deposited in the mail, first class, postage prepaid, in each case to the address for Trimble set forth below. The parties to this EULA are independent contractors, and there is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties. This EULA will be construed in accordance with the laws of the State of California, USA without reference to its choice of law provisions and without regard to the United Nations Convention on the International Sale of Goods. The Federal and State courts located in Santa Clara County, California will be the exclusive venue for any claim or dispute between the parties or against any agent, employee, successor or assign of the other related to this EULA and the parties hereby consent to the personal jurisdiction of those courts for such purposes. The prevailing party in any dispute under this EULA will be entitled to its costs and reasonable attorneys’ fees. If any provision of this EULA is held unenforceable, that provision will be enforced to the extent permissible by law and the remaining provisions will remain in full force. This EULA will bind and inure to the benefit of each party’s permitted successors and assigns. You may not assign or transfer this EULA or any rights hereunder, and attempted assignment or transfer in violation of the foregoing will be void. Trimble may freely assign or transfer its rights or obligations hereunder at its sole discretion. No provision of this EULA will be deemed waived unless the wavier is in writing and signed by Trimble. Except as set forth in Section 8 (Modifications to EULA), all amendments to this EULA must be in writing and signed by both parties. This EULA is the entire agreement between you and Trimble with respect to its subject matter and supersedes any prior agreements relating to such subject matter. The Software is commercial computer software. If the user or licensee of the Software is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Software or any related documentation of any kind, including technical data and manuals, is restricted by a license agreement or by this EULA in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. The Software was developed fully at private expense. All other use is prohibited. Trimble will not be liable to you in any way whatsoever for any failure or delay in performance of any of its obligations under this EULA arising out of any event or circumstance beyond the reasonable control of Trimble.

  4. Trimble Contact Information. If you have any questions, complaints or claims regarding the Software, please contact us at:

    Trimble Inc.
    935 Stewart Drive
    Sunnyvale, CA 94085
    Connect-support@trimble.com

  1. Purchase from Online Store. Your download of the Software may be subject to other terms as specified by the operator of the Online Store from which you downloaded the Software. Notwithstanding the foregoing or anything to the contrary in this EULA, if you purchased a subscription to the Software through an Online Store, the following terms are applicable and shall prevail in event of any conflict with any other provisions of this EULA.

    1. The terms of this EULA constitute the only terms applicable to the license of the Software to you and, except for terms of purchase, no terms between you and the Online Store shall apply to your use of the Software.

    2. The Online Store has no authority to make any statements, representations, warranties or commitments on Trimble's behalf and any such statements, representations, warranties or commitments are null and void.

    3. In the event you are entitled to a refund under this EULA, you must request such refund through the Online Store. Any request sent directly to Trimble may be redirected to the Online Store. Trimble will refund any applicable fees to the Online Store and the Online Store shall be solely responsible for refunding such fees to you. Trimble shall have no further liability to you in the event the Online Store fails to refund such fees to you.

    4. If specified in the applicable terms of service for an Online Store, certain information regarding your use of the Software may be collected by (or shared by Trimble with) the applicable Online Store operator, and the Online Store operator’s use of such information will be subject to its own privacy policy.

    5. If the Online Store fails to pay Trimble applicable fees for your use of the Software, Trimble reserves the right to terminate this EULA including all rights granted hereunder.

    6. This EULA shall survive any termination of your agreement with the Online Store so long as Trimble has received payment for your current Subscription Term.

  2. Apple-Specific Terms. If you downloaded the Software from Apple Inc.’s (“Apple’s”) App Store, the following terms are part of this EULA:

    1. This EULA is between you and Trimble, and not with Apple. However, as required by Apple, Apple and its subsidiaries will be third party beneficiaries of this EULA and will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary.

    2. As we describe in Section 11 (Disclaimers), to the maximum extent permitted by law, we do not make any warranties about the Software. If the Software is nonetheless deemed not to conform to any warranty that may be implied at law, you may notify Apple and Apple will refund the purchase price (if any) for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Software, and, as between Apple and Trimble, any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty will be Trimble’s responsibility. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Software.

    3. As between Trimble and Apple, Trimble is solely responsible for the Software and for addressing any claims you or any third parties have about the Software or your possession or use of the Software, including without limitation (i) product liability claims, (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the Software or your possession or use of the Software infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement or discharge of such claim.