TRIMBLE SKETCHUP FOR SCHOOLS EDUCATIONAL USE AGREEMENT
VERSION 2.0
Updated June 2024
These SketchUp for Schools Terms of Service (this "Agreement") are entered into as of the Effective Date between Trimble Inc. ("Trimble ") and you (“Educational Institution" or "you", a primary or secondary educational institution accessing or using Trimble’s online software-as-a-service solution known as SketchUp for Schools (the "Service")). The Service is meant for use by primary and secondary educational institutions only. If you are not using the Service on behalf of such an educational institution, then you may not use the Service. If you are using the Service as an employee, contractor, or agent of such an Educational Institution, you represent that you are authorized to accept this Agreement on behalf of such Educational Institution, and all references to “you” include such Educational Institution.
Entry into this Agreement. This Agreement consists of the terms and conditions set forth below, and any applicable Product-Specific Terms set forth on Exhibit A. The "Effective Date" of this Agreement is the date that Educational Institution first accesses the Service through any online provisioning, registration or order process.
Changes to Agreement. From time to time, Trimble may modify this Agreement. Trimble will use reasonable efforts to notify Educational Institution of any such modifications through communications via the Educational Institution’s account, the Service, e-mail or other means. Educational Institution may be required to click to accept or otherwise agree to the modified Agreement before continuing to use the Service. If Educational Institution objects to such modifications, Educational Institution’s exclusive remedy is to terminate this Agreement with notice to Trimble. The then-current version of this Agreement can be accessed and viewed at any time at https://www.sketchup.com/edu- tos.
TERMS AND CONDITIONS
1. THE SERVICE
1.1. Overview. The Service is intended to help users design, store, and share three-dimensional digital images and models ("Models"). Educational Institution may access and use the Service during the term of this Agreement, but only (a) for its own benefit for educational, non-commercial purposes (i.e., by an instructor or a student at the Educational Institution and while engaged in educational work), (b) in accordance with any scope of use restrictions specified by Trimble and (c) in accordance with the terms and conditions of this Agreement. There is no fee for use of the Service in accordance with this Agreement. Educational Institution will appoint one or more employees, contractors or agents of Educational Institution to have administrative privileges over Educational Institution’s Service account ("Administrators"). Administrators may provision (i) students of Educational Institution and (ii) faculty members and other employees, contractors and agents of Educational Institution (collectively, "Permitted Users") with access to use the Service as permitted herein. For the avoidance of doubt, Administrators are also "Permitted Users" under this Agreement. Educational Institution will be responsible for all Permitted Users’ compliance with the terms and conditions of this Agreement and any and all actions taken using Educational Institution’s or any Permitted User’s account. In the event that any Permitted User is no longer a student, employee, contractor or agent of Educational Institution, Educational Institution will be solely responsible for de-activating such Permitted User’s access. Educational Institution will promptly notify Trimble if it becomes aware of any compromise of Permitted User login credentials.
1.2. General Restrictions. Educational Institution will not (and will not permit any third party to): (a) rent, lease, copy, provide access to or sublicense the Service to a third party; (b) use the Service to provide, create or develop, or incorporate the Service into, any other product or service; (c) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Service, except to the extent expressly permitted by applicable law (and then only upon advance notice to Trimble); (d) modify the Service or the Documentation, or create any derivative product from any of the foregoing; (e) remove or obscure any proprietary or other notices contained in the Service (including any reports or data printed from the Service); (f) publicly disseminate information regarding the performance of the Service; (g) attempt to gain unauthorized access to any systems, networks or data of Trimble or interfere with or disrupt the integrity or performance of any such systems, networks or data; (h) create more than one account for any individual Permitted User; (i) violate the use rights for the Service, including sharing user credentials with any other person; (j) use the Service to send SPAM or any other form of duplicative and unsolicited messages to other users or customers of the Service; (k) harvest, collect, gather or assemble information or data regarding other users or customers; (l) transmit through or post on the Service unlawful, libelous, tortuous, infringing, defamatory, threatening, vulgar, or obscene material or material that may be harmful to minors; (m) knowingly transmit material containing software viruses or other harmful or deleterious computer code, files, scripts, agents, or programs through the Service; (n) distribute, disclose or allow use of any of the Service in any format through any timesharing device, service bureau, network or by any other means, to or by any third party; or (o) create Internet "links" to or from the Service, or "frame" or "mirror" any of Our content which forms part of the Service.
1.3. Third Party Providers. Trimble may make available content ("Third Party Content") provided through services operated by third parties (each, a "Third Party Provider") through the Service. Subject to payment of any fees, if applicable, Educational Institution may use Third Party Content with the Service during the term of this Agreement, but only in accordance with (a) any quota or other restrictions specified by Trimble, and (b) any terms for such use specified by the applicable Third Party Provider. Educational Institution acknowledges that Trimble has no obligation to continue to make available Third Party Content from any particular Third Party Provider. Trimble may cease offering any Third Party Content at any time for any reason or no reason in Trimble's sole discretion, without liability.
1.4. Usage Data. Educational Institution acknowledges that Trimble may collect information about Educational Institution’s and Permitted Users’ use of the Service, e.g. features used and session length ("Usage Data"). Usage Data is anonymized and does not contain any personally identifiable information of any individual, and as such constitutes Trimble data. Trimble may use Usage Data as it chooses in its sole discretion including without limitation to provide the Service and related services, improve its products and services, and develop aggregate statistics.
2. USE OF OTHER THIRD PARTY SERVICES.
2.1. Third Party Login/Storage. Login and storage for Educational Institution’s and the Permitted Users’ use of the Service is managed through an integration with a Third-Party Provider, currently either Google G-Suite or Microsoft for Education (each a "Login/Storage Provider"), which is managed by Educational Institution. To use the Service, Educational Institution and each Permitted User must have a valid account with the applicable Login/Storage Provider (“Service Account”). Educational Institution is responsible for maintaining valid Service Accounts in order to use the Service and to make the Service available to Permitted Users. Educational Institution acknowledges and agrees that if Educational Institution or any Permitted User’s Service Account is terminated, then Educational Institution or the Permitted User (as applicable) will no longer be able to access the Service. All registration data related to a Permitted User’s Service Account will be stored with the applicable Login/Storage Provider in accordance with the applicable Login/Storage Provider terms of use/service (which detail the Login/Storage Provider’s rights with respect to tracking, analyzing and using data submitted to the Service Account), and will not be stored on the Service or by Trimble. Any Models saved by Educational Institution or Permitted Users will be stored with the Login/Storage Provider or, if elected by the Permitted User, Models may be saved locally. For the avoidance of doubt, Trimble is not responsible for any data or information (including Models) stored in the Service Accounts or otherwise by the Login/Storage Provider. Trimble uses certain, limited categories of Login/Storage Provider data to make the Service available to Educational Institution and its Permitted Users, as detailed in the SketchUp For Schools Privacy Notice, but Trimble does not store Login/Storage Provider data, including: (a) any personal information related to Service Accounts, or (b) Models stored by the Login/Storage Provider. All other terms relating to Third-Party Providers in Section 1.3 apply to the Login/Storage Provider.
2.2. Use with other Trimble Products. The Service may allow Permitted Users to connect with other Trimble products or services. Use of such other products or services that are not part of the Service may require payment of a separate fee and are governed by those products or services’ respective terms of service, end user license agreement, or other agreement, and not by this Agreement.
3. EDUCATIONAL INSTITUTION DATA.
3.1. Definition. "Educational Institution Data" means, collectively, (a) any information that is input by or on behalf of Educational Institution or a Permitted User into the Service, and (b) any other data or any Models created by Educational Institution or a Permitted User using the Service.
3.2. Rights in Educational Institution Data. As between Educational Institution and Trimble, Educational Institution shall retain all right, title and interest (including any and all intellectual property rights) in and to the Educational Institution Data. Subject to the terms of this Agreement, and solely to the extent necessary to provide the Service, Educational Institution hereby grants to Trimble a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of, publish and publicly perform and display the Educational Institution Data solely to the extent necessary to provide the Service.
3.3. Storage of Educational Institution Data. Educational Institution acknowledges and agrees that the Login/Storage Provider, and not Trimble, hosts and/or stores any personal information which constitutes Educational Institution Data and any Models. Trimble will use the limited Educational Institution Data it acquires from Educational Institution solely as necessary to provide the Service to Educational Institution and its Permitted Users and Trimble expressly disclaims all other obligations with respect to storage of Educational Institution Data.
3.4. Educational Institution Obligations. Educational Institution agrees not to submit to the Service any data or information other than Models. Educational Institution acknowledges that the Service will read (but not store) a Permitted User’s domain address to validate the Service Account, but will not otherwise receive any registration data or similar personal information of Permitted Users through the Service. Educational Institution specifically agrees not to submit any data or information, including without limitation any patient, medical or other protected health information regulated by HIPAA or any similar federal or state laws, rules or regulations ("Health Information") or any personally identifiable information to Trimble or the Service, including any "Personal Information" governed by the Children's Online Privacy Protection Act and related regulations. Trimble shall have no liability under this Agreement for any Health Information or Personal Information, notwithstanding anything to the contrary herein. To the extent permitted by applicable law, Educational Institution shall indemnify and hold Trimble, its affiliates, and their officers, directors, employees, contractors, agents and assigns harmless from any claims based on Educational Institution’s failure to comply with this Section 3.4. Educational Institution shall ensure that Educational Institution’s and Permitted Users' use of the Service and all Educational Institution Data is at all times compliant with Educational Institution’s and the applicable Login/ Storage Provider’s privacy policies and all applicable local, state, federal and international laws, regulations and conventions, including, without limitation, those related to data privacy, data transfer, international communications and the exportation of technical or personal data ("Laws"). Educational Institution is solely responsible for the accuracy, content and legality of all Educational Institution Data. Educational Institution represents and warrants to Trimble that Educational Institution has sufficient rights in the Educational Institution Data to grant the rights granted to Trimble in Section 3.2 (Rights in Educational Institution Data) above, and the Educational Institution Data does not infringe or violate the intellectual property, publicity, privacy or other rights of any third party.
3.5. Indemnification by Educational Institution. To the extent permitted by applicable law,Educational Institution will indemnify, defend and hold harmless Trimble and its subsidiaries, affiliates, officers, agents, and employees from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with any claim arising from or relating to (a) any Educational Institution Data, (b) any breach or alleged breach by Educational Institution or any Permitted User of Section 1.2 (General Restrictions), or (c) any service or product offered by Educational Institution in connection with or related to the Service. This indemnification obligation is subject to Educational Institution receiving (i) prompt written notice of such claim (but in any event notice in sufficient time for Educational Institution to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense, or settlement of such claim; and (iii) all necessary cooperation of Trimble at Educational Institution's expense.
4. CONFIDENTIALITY
4.1. Definition. “Confidential Information” means information disclosed to the receiving party under this Agreement that is designated by the disclosing party as proprietary or confidential or that should be reasonably understood to be proprietary or confidential due to its nature and the circumstances of its disclosure. Trimble’s Confidential Information includes the terms and conditions of this Agreement and any technical or performance information about the Service. Educational Institution’s Confidential Information includes Educational Institution Data.
4.2. Obligations. As a receiving party, each party will use reasonable care to protect the disclosing Party’s Confidential Information from being disclosed to third parties except as permitted in this Agreement, and (b) only use Confidential Information to fulfill its obligations and exercise its rights in this Agreement. The receiving party may disclose Confidential Information to its employees, agents, affiliates, contractors and other representatives having a legitimate need to know, provided it remains responsible for their compliance with this Section 4 (Confidentiality) and they are bound to confidentiality obligations no less protective than this Section 4 (Confidentiality).
4.3. Exclusions. These confidentiality obligations do not apply to information that the receiving party can document (a) is or becomes public knowledge through no fault of the receiving party, (b) it rightfully knew or possessed prior to receipt under this Agreement, (c) it rightfully received from a third party without breach of confidentiality obligations or (d) it independently developed without using the disclosing party’s Confidential Information.
4.4. Remedies. Unauthorized use or disclosure of Confidential Information may cause substantial harm for which damages alone are an insufficient remedy. Each party may seek appropriate equitable relief, in addition to other available remedies, for breach or threatened breach of this Section 4 (Confidentiality).
5. INTELLECTUAL PROPERTY RIGHTS. Except for Educational Institution’s and Permitted Users’ use rights in this Agreement, Trimble and its licensors retain all intellectual property and other rights in the Service, documentation, other deliverables and related Trimble technology, templates, formats and dashboards, including any modifications or improvements to these items made by Trimble. If Educational Institution provides Trimble with any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the Service (“Feedback”), Educational Institution hereby grants to Trimble and its affiliates a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid up license to use and otherwise exploit the Feedback.
6. TERM AND TERMINATION. This Agreement is effective as of the Effective Date and expires on the date of termination. Either party may terminate this Agreement, for any reason or no reason, immediately upon written notice to the other party. Upon any termination of this Agreement, Educational Institution’s right to use the Service will cease, and Educational Institution will immediately cease any and all use of and access to the Service. At the disclosing party’s request upon expiration or termination of this Agreement, the receiving party will delete all of the disclosing party’s Confidential Information (excluding Usage Data, which is addressed in Section 1.4 (Usage Data)). Except where an exclusive remedy is specified, the exercise of either party of any remedy under this Agreement, including termination, will be without prejudice to any other remedies it may have under this Agreement, by law or otherwise. This Section 6 and Sections 1.2 (General Restrictions), 3.4 (Educational Institution Obligations), 3.5 (Indemnification by Educational Institution), 4 (Confidentiality), 5 (Intellectual Property Rights), 7 (Disclaimers), 12 (Limitation of Remedies and Damages), 9 (Compliance), 10 (Governing Law; Venue) and 11 (General) will survive any expiration or termination of this Agreement.
7. DISCLAIMERS.
7.1 General. THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. TRIMBLE AND ITS SUPPLIERS MAKE NO (AND HEREBY DISCLAIM ALL) OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. TRIMBLE DOES NOT WARRANT THAT EDUCATIONAL INSTITUTION’S OR PERMITTED USERS’ USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT TRIMBLE WILL REVIEW EDUCATIONAL INSTITUTION’S DATA FOR ACCURACY OR THAT IT WILL MAINTAIN EDUCATIONAL INSTITUTION’S DATA OR OTHER DATA WITHOUT LOSS. TRIMBLE IS NOT LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF TRIMBLE. TRIMBLE WILL NOT BE LIABLE IN ANY MANNER FOR THE OUTPUT OBTAINED THROUGH USE OF THE SERVICE OR EDUCATIONAL INSTITUTION’S OR PERMITTED USERS’ RELIANCE ON SUCH OUTPUT. EDUCATIONAL INSTITUTION IS RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT AND CONTROL OF ITS USE OF THE SERVICE. TRIMBLE DOES NOT WARRANT THAT IT WILL REVIEW THE MODELS FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN THE MODELS WITHOUT LOSS. EDUCATIONAL INSTITUTION IS RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT AND CONTROL OF EDUCATIONAL INSTITUTION’S PERMITTED USERS’ USE OF THE SERVICE. THIS RESPONSIBILITY INCLUDES THE DETERMINATION OF APPROPRIATE USES FOR THE SERVICE AND THE SELECTION OF THE SERVICE AND OTHER PROGRAMS TO ACHIEVE INTENDED RESULTS. EDUCATIONAL INSTITUTION IS ALSO RESPONSIBLE FOR ESTABLISHING THE ADEQUACY OF INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY AND ACCURACY OF ANY OUTPUT OF THE SERVICE. EDUCATIONAL INSTITUTION MAY HAVE OTHER STATUTORY RIGHTS, BUT ANY STATUTORILY REQUIRED WARRANTIES WILL BE LIMITED TO THE SHORTEST LEGALLY PERMITTED PERIOD.
7.2. No High-Risk Activities. THE SERVICE 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. INSTITUTION REPRESENTS AND WARRANTS THAT INSTITUTION WILL NOT USE THE SERVICE (OR PERMIT IT TO BE USED) FOR HIGH RISK ACTIVITIES, AND AGREES THAT TRIMBLE WILL HAVE NO LIABILITY FOR USE OF THE SERVICE IN HIGH RISK ACTIVITIES.
7.3. Nature of Claims and Failure of Essential Purpose. The parties agree that the waivers and limitations specified in this Section 7 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
8. LIMITATION OF REMEDIES AND DAMAGES.
8.1. Limitation of Liability. IN NO EVENT WILL TRIMBLE BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, TRIMBLE’S ENTIRE LIABILITY TO EDUCATIONAL INSTITUTION UNDER THIS AGREEMENT WILL NOT EXCEED FIVE HUNDRED DOLLARS (USD $500).
8.2. Nature of Claims and Failure of Essential Purpose. The parties agree that the waivers and limitations specified in this Section 8 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
9. COMPLIANCE
9.1. Laws. Educational Institution is responsible for complying with all applicable local, state, federal and international laws, regulations and conventions, including those related to data privacy and data transfer, international communications and export of technical or personal data (“Laws”) in its use of the Service.
9.2. Export Restrictions. Educational Institution acknowledges that the Service is subject to export restrictions by the United States government and import restrictions by certain foreign governments. Educational Institution will not, and will not allow any third-party to, remove or export from the United States or allow the export or re-export of any part of the Service or any direct product thereof: (i) into (or to a national or resident of) any embargoed or terrorist-supporting country; (ii) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals; (iii) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (iv) otherwise in violation of any export or import restrictions, Laws of any United States or foreign agency or authority. Educational Institution warrants that it is not located in, under the control of, or a national or resident of any such prohibited country or on any such prohibited party list. The Service further is restricted from being used for the design or development of nuclear, chemical, or biological weapons or missile technology, or for terrorist activity, without the prior permission of the United States government. Educational Institution will defend, indemnify and hold Trimble harmless against any liability (including attorneys’ fees) arising out of Educational Institution’s failure to comply with the terms of this provision. Educational Institution’s obligations under this paragraph will survive the termination of this Agreement for any reason whatsoever.
9.3. FERPA. The Family Educational Rights and Privacy Act (“FERPA”) (20 U.S.C. § 1232g; 34 CFR Part 99) protects students’ educational records. Educational Institution agrees to maintain and comply with FERPA with regards to any student educational records. In addition, while Trimble does not preclude Educational Institution from making the Service available to a Permitted User by an age restriction, Trimble does not collect any personal information from any Permitted User, regardless of age. As further specified in Trimble’s Privacy Policy, Trimble will not knowingly collect any personal information from users under the age of thirteen (13) online through its websites or products. If Educational Institution believes in good faith that Trimble has collected personal information from a Permitted User under the age of thirteen (13), Educational Institution will promptly notify Trimble.
9.4. Educational Institution Indemnification. Educational Institution will defend, indemnify and hold Trimble and its affiliates harmless against any liability (including attorneys' fees) arising out of Educational Institution’s failure to comply with the terms of this Section 9. Educational Institution’s failure to comply with any term of this Section 9 constitutes a material breach of this Agreement and entitles Trimble to immediately terminate this transaction for Educational Institution’s use of the Service in addition to any other remedy available at law or equity.
10. Governing Law; Venue.
10.1. Official Language. The official language of this Agreement is English. If there is a conflict between versions of this Agreement in any other language, the English language version controls.
10.2. Trimble Entity; Governing Law and Venue. “Trimble” for purposes of this Agreement will mean the “Trimble Entity” set forth below. The Agreement is governed exclusively by, and construed and enforced exclusively in accordance with, the laws of the applicable jurisdiction set forth below under “Governing Law”, without regard to or application of its conflicts of laws provisions and without regard to or application of the United Nations Convention on the International Sale of Goods. The parties agree that any legal proceeding arising out of or related to this Agreement will be subject to the sole and exclusive jurisdiction and venue set forth below under “Exclusive Venue/Jurisdiction,” to the exclusion of all others. Each party irrevocably consents and hereby submits to the personal jurisdiction thereof.
Notes:
* Educational Institution location determined by the address provided by Educational Institution to Trimble when registering its online account.
** See additional required notice address for Trimble in Section 16.2 (Notices).
*** In the event arbitration under an ICC process is specified above, except as provided in this paragraph with respect to injunctive relief, all disputes regarding the Service or this Agreement will be finally resolved by binding and final arbitration before a single arbitrator, selected in accordance with the rules of the ICC. Any arbitration will be conducted at the indicated location in the English language. After each party has been afforded a reasonable opportunity to present written and testimonial evidence in support of its position in any such arbitration proceeding, the arbitrator will issue his/her decision and award, which will (i) be in writing, stating the reasons therefore, (ii) be based solely on the terms and conditions of the Agreement, and (iii) except as provided in this paragraph regarding injunctive relief, be final and binding upon the parties. The arbitrator will not award punitive or exemplary damages. The parties, their representatives, and any other participants will hold the existence, content, and result of arbitration in confidence. The provisions of this paragraph may be enforced by any court of competent jurisdiction. Notwithstanding the foregoing, (A) either party may, at its sole discretion, seek injunctive relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief), and (B) Trimble may bring suit against Educational Institution in the courts at Educational Institution’s place of business for infringement of intellectual property rights, over usage of the Service and breach of restrictions of license or usage limitations and misappropriations of confidential information and trade secrets or other intellectual property rights.
10.3 Australia-Specific Terms. If Educational Institution is located in Australia, the following provisions apply:
10.3.1. For the purposes of this Section 16.16 (Australia-Specific Terms), “Australian Consumer Law” means the Competition and Consumer Act 2010 (Cth) and “Non-excludable Condition” means certain consumer guarantees, warranties, rights, or remedies under the Australian Consumer Law that cannot be limited, excluded, restricted, or modified, and to which Educational Institution may be entitled.
10.3.2. To the extent permitted by law, Trimble’s liability in relation to breach of any such Non-excludable Condition shall be limited as follows (and in which “our” “or “us” means Trimble, and “you” means Educational Institution):
(a) in the case of the goods, to repairing or replacing the goods, supplying equivalent goods, or paying the costs of repairing or replacing the goods or acquiring equivalent goods; and
(b) in the case of the services, to re-supplying the services or paying the cost of re-supplying the services.
10.3.3. Nothing in these terms excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified.
10.3.4. Nothing in these terms is intended to derogate from Trimble’s obligations under the Privacy Act 1988 (Cth) as amended from time to time.
11. GENERAL. The parties are independent contractors and no employment, agency, or joint venture is created hereunder. Trimble may use the services of subcontractors in order to provide the Service under this Agreement, provided that Trimble remains responsible for compliance of any such subcontractor with the terms of this Agreement. All notices, requests and other communications under this Agreement must be in writing. Notices to Educational Institution may be given within the Service or via the billing address and/or the e-mail address provided by Educational Institution at the time of registration or purchase. Notices to Trimble must be mailed by registered or certified mail, postage prepaid and return receipt requested, or delivered by hand to the following address: Trimble Inc., Attn: General Counsel - Important Legal Notice, 10368 Westmoor Drive, Westminster, CO 80021, USA. Except as otherwise provided herein, all amendments must be in writing and signed by both parties. Waivers must be in writing and no waivers will be implied. This Agreement may not be assigned by Educational Institution, and any purported assignment or amendment in violation of the foregoing will be void. Trimble may assign this Agreement to any affiliate or in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of Trimble's assets or voting securities. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof will be unaffected and remain in full force and effect. This Agreement is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. Elements of the Service are commercial computer software. If the user or licensee of the Service is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Service, or any related documentation of any kind, including technical data and manuals, is restricted by a license agreement or by the terms of 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 Service was developed fully at private expense. All other use is prohibited.
Exhibit AProduct-Specific Terms(SketchUp for Schools v1.0)Last updated: May 31, 2024
None.