COPILOT EULA

In order to use the enclosed Trimble MAPS, Inc. ('Trimble MAPS') CoPilot Software (the “Software”), you must first agree to the End User License Agreement ('EULA') below. You may not use the Software if you do not accept the EULA. You can accept the EULA by: i) clicking to accept or agree to the EULA, where this option is made available to you by Trimble in the Software; or ii) installing or actually using the Software, all referred as accepting on the Effective Date. In so doing, you understand and agree that Trimble will treat your use of the Software as acceptance of the EULA from that point onwards. You may not use the Software and may not accept the EULA if: i) You are not of legal age to form a binding contract with Trimble, or ii) You are a person barred from receiving the Software under the laws of the United States or other countries including the country in which you reside or from which you access the Software. If you use your corporate email address to accept this EULA, you agree you are accepting this EULA as an authorized representative of your company. If you do not agree with these terms, or are not authorized to accept this EULA for your company (if applicable), do not accept this EULA. Notwithstanding anything to the contrary herein, if your company has executed a separate signed agreement with Trimble which expressly governs your access to this Software, the terms of that agreement if contrary to the below, shall govern so long as it is in effect.

By agreeing to the EULA, you acknowledge that i) Trimble MAPS is not responsible for any Third Party content; ii) the Software may collect and use data for which Trimble MAPS respects privacy rules; iii) for some features of the Software, you will need to have wireless internet and data connection enabled on your mobile device (using wireless internet may result in data charges from your mobile service provider for which Trimble MAPS is not responsible); iv) Trimble MAPS uses different Third Party map data suppliers; which specific terms of use are indicated below; (to check which Map Data EULA applies to your Product, please refer to the “About Screen” of your Software); v) your use of this real time route guidance application is at your sole risk; and vi) location data may not be accurate.

When possible Trimble MAPS has provided for your information a translation of the EULA. You agree that the translations are provided for your convenience only and that the English Language shall prevail and always be binding in case of conflict. Trimble MAPS' terms and conditions on Trimble MAPS’ website and any of Trimble MAPS' associated pages are hereby incorporated by reference to the EULA and therefore form a binding agreement. We regularly update the EULA and the website and encourage you to visit those pages. If You do not agree to the updated EULA, You should stop using the Software.

END-USER LICENCE AGREEMENT FOR COPILOT® SOFTWARE

Please read the following agreement ("License") carefully.

Acceptance: Installation or use of the enclosed Software on your device constitutes your acceptance of these terms. If you do not agree to these terms of use, you must immediately delete the Software from your device and destroy any copies you made of the Software and of any written materials relating to the Software, and promptly return the Software and, if bought as part of a package, any associated devices to your retailer for a refund.

License: Trimble MAPS grants you, as an individual, a non-exclusive, non-transferable right and license to install and use one copy of the Software on a single device at a time. Your license to use the Software is subject to you complying with the terms of this License. A license is required for each installation of the Software. You may make one copy of the Software for backup purposes only.

Transfer: You are allowed to move your Software from one device to another only if a) the Software is installed on only one device at a time and b) the second device is running the same operating system as the original one. To Transfer your Software from one device to another, follow the deactivation method described on the Help Page at https://activate.trimblemaps.com. If for repair purposes or Read Only Memory (‘ROM’) changes, you are not able to follow the deactivation method, you will most likely encounter the Anti Piracy Protection implemented by Trimble MAPS at your next Activation.

Anti-Piracy Protection: the Software may include product activation and other technology to prevent unauthorized use and copying. When provided with a Product Key Code, Google order number, or any other similar mechanism, you will need to activate your Software with the associated method in order to use it. If you try to activate an excessive number of times, the anti Piracy Protection may cause your Software to lock and prevent you from further activating your Software. Refer to our Help Page at https://activate.trimblemaps.com for more information about our Product Activation and Anti Piracy Protection.

Copyright: United States copyright law and international treaty provisions protect the Software and the data transmitted by the Software. You agree that no title to the intellectual property in the Software or the data is transferred to you. You further acknowledge that title and ownership rights will remain the exclusive property of Trimble MAPS or its licensors, and you will not acquire any rights to the Software or the data except as expressly set out in this license. You agree that any copies of the Software will contain the same proprietary notices that appear on and in the Software. The Copyright to the Software is held by Trimble, Inc.. Full contact details are available at https://maps.trimble.com

Prohibited Use: Unless you have Trimble MAPS’ prior written permission, you may not (i) use, copy, modify, alter, or transfer the Software or accompanying documentation, except as expressly permitted in this License; (ii) translate, disassemble, decompile, or reverse engineer the Software (iii) sublicense or lease the Software or its documentation; or (iv) use the Software in a multi-user or networked environment or on a rental basis or in a time-sharing or computer service business.

Limited Warranty: Trimble MAPS warrants that the Software will perform substantially in accordance with the applicable documentation for a period of 30 days from the date of purchase. Any implied warranties relating to the Software are limited to such 30 day period provided that limitation is permitted by applicable law.

End-User Remedies: If the Software does not conform to the “Limited Warranty” above, Trimble MAPS’ entire liability and your sole and exclusive remedy will be, at Trimble MAPS’ option, either to (i) correct the error, or (ii) help you work around the error, or (iii) accept a return and issue a refund through your retailer. The Limited Warranty is void if failure of the Software has resulted from your fault, abuse, or misapplication. If we correct an error in the Software for you, then the unexpired portion of the Limited Warranty period as at the date you informed us of the error will apply to the corrected software once you have received the corrected version.

NO OTHER WARRANTIES: EXCEPT AS SET OUT IN THE LIMITED WARRANTY, TRIMBLE MAPS DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. TRIMBLE MAPS DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE OR THE DATA, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT REPRESENT OR WARRANT THAT SOFTWARE, INCLUDING UPDATES, OR TESTING MATERIALS WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, COMPLETE, ERROR-FREE OR FREE OF VIRUSES OR OTHER MALWARE OR PROGRAM LIMITATIONS, AND WE GRANT NO WARRANTY REGARDING ITS USE OR THE RESULTS THEREFROM. WE ARE NOT RESPONSIBLE FOR ISSUES WITH OUR SOFTWARE ARISING OUT ITS USE ON OR IN CONJUNCTION WITH HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY US.

FMCSA AND OTHER LAWS, RULES AND REGULATIONS ARE SUBJECT TO CHANGE. THE ABILITY TO TRANSMIT MESSAGES AND/OR DATA ARE SUBJECT TO WIRELESS PROVIDER COVERAGE AREAS AND MAY BE TEMPORARILY INTERRUPTED OR OTHERWISE LIMITED BY EVENTS BEYOND OUR CONTROL

TRIMBLE MAPS IS NOT LIABLE FOR DELAYS, FAILURES, OR PROBLEMS INHERENT IN USE OF THE INTERNET, SATELLITES, ELECTRONIC COMMUNICATIONS, OR OTHER SYSTEMS OUTSIDE TRIMBLE MAPS CONTROL. TRIMBLE MAPS WILL NOT BE LIABLE IN ANY MANNER FOR THE OUTPUT OBTAINED THROUGH USE OF THE SOFTWARE OR YOUR RELIANCE ON SUCH OUTPUT. YOU ARE RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT, AND CONTROL OF YOUR USE OF THE SOFTWARE. THIS RESPONSIBILITY INCLUDES THE DETERMINATION OF APPROPRIATE USES FOR THE SOFTWARE AND THE SELECTION OF THE SOFTWARE TO ACHIEVE INTENDED RESULTS. ANY FORMS, POLICIES, OR OTHER MATERIALS PROVIDED BY TRIMBLE MAPS THROUGH THE SOFTWARE OR DOCUMENTATION ARE NOT INTENDED AND SHOULD NOT BE RELIED UPON AS LEGAL ADVICE OR LEGAL OPINION. YOU SHOULD CONSULT YOUR OWN LEGAL COUNSEL REGARDING THE USE OF ANY SUCH MATERIALS. YOU ARE ALSO RESPONSIBLE FOR ESTABLISHING THE ADEQUACY OF INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY AND ACCURACY OF ANY OUTPUT OF THE SOFTWARE. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT ANY STATUTORILY REQUIRED WARRANTIES WILL BE LIMITED TO THE SHORTEST LEGALLY PERMITTED PERIOD

USE OF OUR SOFTWARE MAY BE IMPACTED IF YOUR SYSTEMS ARE NOT PROPERLY CONFIGURED AND/OR IF VEHICLES ARE OPERATED OUTSIDE OF LICENSED WIRELESS CARRIER SERVICE AREAS. IF YOU UTILIZE DATA FIELDS AVAILABLE IN OUR SOFTWARE TO STORE DATA NOT REQUIRED FOR THE NORMAL USE AND OPERATION OF OUR SOFTWARE FOR THEIR INTENDED PURPOSE, (i) YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR COMPLIANCE WITH LAWS, RULES AND REGULATIONS SPECIFIC TO SUCH DATA (E.G., HIPAA OR PCI RULES); AND (ii) YOU ASSUME ALL RISKS ASSOCIATED WITH, AND AGREE TO HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATED TO OR ARISING FROM, YOUR USE OF DATA FIELDS TO STORE SUCH DATA.

IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, OR DATA, LOSS OF USE, COSTS OF COVER, WASTED TIME, DOWNTIME AND USER TIME REGARDLESS OF THE LEGAL THEORY ASSERTED OR WHETHER A CLAIM IS BROUGHT IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY) OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT, REGARDLESS OF THE LEGAL THEORY ASSERTED OR WHETHER A CLAIM IS BROUGHT IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY) OR OTHER THEORY, EXCEED THE PURCHASE PRICE OR FEES PAID BY YOU FOR THE SOFTWARE DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.

THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR OUR PROVISION OF SOFTWARE TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIFIED OTHER DAMAGES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY OR MAY NOT FULLY APPLY TO YOU.

No Liability for indirect loss: In no event will Trimble MAPS be liable to you for any loss of profit, wasted time, lost business or for any incidental, or indirect loss of any kind arising out of the performance or use of the Software or the data, even if Trimble MAPS has been advised of the possibility of such damages.

Indemnity. You hereby agree to indemnify, hold harmless, protect and defend Trimble and its officers, directors and employees from and against any claims, suits, or actions resulting from or arising out of Your activities or performance or the breach of Your duties under the Agreement as well as for any claim arising from or relating to (a) Your data, any (b) breach of the material terms of this Agreement, (c) Your actual or alleged use or modification of the Software in violation of applicable laws, rules, regulations, codes or ordinances, in breach of this Agreement, or in any manner not authorized by this Agreement, or (d) any accident involving one or more of Your vehicles in which the Software is used.

Privacy: Trimble MAPS reserves the right (which it may from time to time exercise), to collect location based information on a basis that preserves your anonymity. We may use this information for support purposes, to develop new features and overall to improve the quality of Trimble MAPS’ products and services. You may opt-out or switch-off of this functionality within the software.

We take your privacy very seriously and will not share your details or personal information with any outside agency without your permission. For information about Trimble MAPS’ data protection practices, please read Trimble MAPS' privacy policy at https://maps.trimble.com/privacy/. This policy explains how Trimble MAPS treats your personal information and protects your privacy, when you use the Software. You agree to the use of your data in accordance with Trimble MAPS’ privacy policies. We also recommend visiting our main Privacy website at https://www.trimble.com/privacy/.

Third Party Software: The Software may provide You with access to Third Party Software which may be subject to additional terms and restrictions. You are solely responsible for compliance with any Third Party terms and You agree that Trimble MAPS takes no responsibility therefore. Failure to comply may result in termination of your right to access to the Software For more information on Third Parties terms, we recommend visiting https://maps.trimble.com/copyrights/

Open Source. The Software may incorporate third-party open source software (“Open Source”), as listed in the Documentation or otherwise made available by Trimble MAPS. To the extent the terms of the Open Source license prohibit the terms of the EULA from applying to the Open Source, the terms of the Open Source license will apply to the Open Source on a stand-alone basis instead of the EULA.

Warning & Disclaimer: Trimble MAPS cannot guarantee the accuracy of the information contained in the Software and shall not be subject to liability for any errors or omissions. Information in the Software and its accompanying materials is subject to change without notice and does not represent a commitment or endorsement on the part of Trimble MAPS. The Software suggested routings and data are based on third party map data. This data may contain inaccurate or incomplete information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, any of which may lead to incorrect results. Except for the Limited Warranty provided above, the Software is provided without a warranty of any kind. You assume full responsibility for any delay, expense, loss or damage that may occur as a result of the use of the Software. Trimble MAPS shall not be held responsible for any consequences resulting from route calculation, even though You consider the route/itinerary not to be the most direct, nor the shortest or the least expensive.

The Software and the data are only a help for navigation. Using this product while driving can be distracting and dangerous. Please exercise caution and common sense in its use and operation. You must respect locally applicable traffic rules and regulations and use the Software with common sense. The reality observed on the road, and the traffic rules and regulations, always take precedence over the information provided by the Software or the data. You must always control your vehicle, and your speed. You must be able to react properly and execute every appropriate maneuver. You must adopt at all times a prudent and respectful behavior with respect to other vehicles and pedestrians. Trimble MAPS shall not be held responsible for any information provided by the Software including, any map data, traffic data or any route calculation. Your use of this real time route guidance application is at your sole risk. Traffic and Location Data may not be accurate or timely. Trimble MAPS shall have no liability in case of a breach of these obligations.

Internet-Based Services Components: Certain features of the Software require connection to the Internet directly or through a wireless connection in order to function. Such features may result in the transfer of certain data over such connection, which may or may not be encrypted. You are solely responsible for obtaining any necessary Internet, data or wireless subscription plans with the applicable service providers and you must comply with applicable third party terms of agreement when using the Software. You further acknowledge that Trimble MAPS is not responsible for the availability of the Internet or wireless connections or the security or integrity of data transmitted over such connections.

Optional content displayed in the Licensed Products for additional purchase: Traffic data, including historical traffic data, Fuel data, and any other are licensed as a subscription service which must be renewed annually for continued use.

Termination: Without prejudice to its other rights, Trimble MAPS may terminate this License if you fail to comply with these terms and conditions. In that situation, you must destroy all copies of the Software.

Limitations on Export: You hereby expressly agree not to export or re-export the Software, in whole or in part, in violation of any export laws or regulations of the United States.

U.S. Government Restricted Rights: The Software is provided with restricted and limited rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in the appropriate subparagraphs of the Commercial Computer - Restricted Rights clause at 48 C.F.R. 52.227-19 or in the appropriate subparagraphs of the Rights in Technical Data and Computer Software clause at 252.227-7013 of the Defence Federal Acquisition Regulations.

Choice of Law: For Products sold in North America: This License is governed by the laws of the State of New Jersey, USA. For all other Products: This License is governed by the laws of England.

Date: This EULA was last updated on March 25, 2024.

FOR ANDROID

Copyright 2024. Trimble, Inc

Licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License. You may obtain a copy of the License at https://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

Android is a trademark of Google Inc. Use of this trademark is subject to Google Permissions

FOR SOFTWARE DOWNLOADED FROM APPLE APP STORE

All the Terms of the above EULA apply. In addition specific terms for the iOS Products apply below.

Acknowledgment: This License is concluded between Trimble MAPS and You only, not Apple, and Trimble MAPS is solely responsible for the Licensed Application and the content hereof. The EULA may not provide for usage rules for the Software that are in conflict with the App Store Terms of Service as of the Effective Date, which shall be the date (which you acknowledge you have had the opportunity to review).

Scope of Licence: The license granted to You for the Software is limited to a non-transferable licence to use the Software on any Apple-branded Product that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing. Please refer to the App Store Terms of Service for more information.

Maintenance and Support: Trimble MAPS is solely responsible for providing maintenance and support services with respect of the Software as required under applicable law. You and Trimble MAPS, both acknowledge that Apple has no obligation to furnish any maintenance and supports services with respect to the Software

Warranty: Trimble MAPS is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in the above. The above warranties apply. In the event of any failure of the Software to conform to the above applicable warranty, You may notify Apple and Apple will refund You the purchase price for the Software, to the maximum extent permitted by applicable law. Trimble MAPS will not refund the Software. Apple will have no other warranty obligation whatsoever with respect to the Software and any other claims, liabilities, damages, costs or expenses attributable to any failure to conform to the warranty shall be Trimble MAPS’ sole responsibility.

Product Claims: You acknowledge that Trimble MAPS, not Apple, is responsible for addressing any of Your or any Third Party claims relating to the Software possession or use, including but not limited to i) product liability claim, ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement, and iii) claims arising under consumer protection, privacy or similar legislation including in connection with Your Licensed Application’s use of the HealthKit and HomeKit frameworks.

Legal compliance: You represent and warrant that i) You are not located in a country subject to a U.S Government embargo, or that has been designated by the U.S Government as a “terrorist supporting” country and ii) You are not listed on any U.S Government list of prohibited or restricted parties.

Intellectual Property Rights: You acknowledge that in the event of any claim that the Software or your possession and use of the Software infringes any third party intellectual property rights Trimble MAPS and not Apple shall be solely responsible for the investigation, defense, settlement and discharge of such Intellectual Property Infringement claim.

Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using Trimble MAPS Software.

Third Party Beneficiary: Trimble MAPS and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the E.U.L.A. upon Your acceptance of the terms and conditions of this E.U.L.A. Apple will have the right to enforce the E.U.L.A. against You as a third party beneficiary thereof.

END USER LICENSE AGREEMENT FOR TRIMBLE MAPS DATA

This license applies to Trimble MAPS Data included in your Software, if any, as well as to Trimble MAPS data you obtain separately that is formatted for use with your Software.

The data (“Data”) is provided for your personal, internal use only and not for resale. It is protected by copyright, and is subject to the following terms and conditions which are agreed to by you, on the one hand, and Trimble, Inc. (" Trimble") and its licensors (including their licensors and suppliers) on the other hand.

© 2024 Trimble, Inc. All rights reserved.

Personal Use Only. You " means you as an End-user or as a “Company” on behalf of its End-Users which are subject to either a Non Disclosure Agreement as Employees or a License Agreement that contains the same restrictions as herein as a Value Added Reseller. Also as used in this EULA, “personal use” can also be understood in more general terms as for a Company’s use. You agree to use this Data together with COPILOT for the solely personal, noncommercial purposes for which you were licensed, and not for service bureau, time-sharing or other similar purposes. Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy this Data only as necessary for your personal use to (i) view it, and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the Data in any way. You agree not to otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of this Data, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.

Restrictions. Except where you have been specifically licensed to do so by Trimble MAPS, and without limiting the preceding paragraph, you may not (a) use this Data with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications; or (b) with or in communication with any positioning devices or any mobile or wireless-connected electronic or computer devices, including without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or PDAs.

Warning. The Data may contain inaccurate, untimely or incomplete information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, any of which may lead to incorrect results. The Data is based on official highway maps, the Code of Federal Regulations, and information provided by state governments and other licensors. It is provided without a warranty of any kind. The user assumes full responsibility for any delay, expense, loss or damage that may occur as a result of use of the Data.

No Warranty. This Data is provided to you “as is,” and you agree to use it at your own risk. Trimble MAPS and its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this Data, or that the Data or server will be uninterrupted or error-free.

Disclaimer of Warranty: Trimble MAPS AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.

Disclaimer of Liability: Trimble MAPS AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF Trimble MAPS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.

Export Control. You agree not to export from anywhere any part of the Data provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations.

Entire Agreement. These terms and conditions constitute the entire agreement between Trimble MAPS (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.

Governing Law. The above terms and conditions shall be governed by the laws of the State of New Jersey. The courts of the State of New Jersey shall have exclusive jurisdiction to settle any and all disputes, claims and actions arising from or in connection with the Data provided to you hereunder. You agree to submit to such jurisdiction.

FOR CANADA TERRITORY DATA

The following provisions apply to data for Canada provided by Canada Post Corporation as the owner of the copyright, and Statistics Canada as the owner of all intellectual property rights, in the same data (collectively “Canada Post Data”).

Neither Canada Post Data or Statistics Canada, shall be liable: (i) in respect of any claim, demand or action, irrespective of the nature or causes of the claim whatsoever, alleging any loss, injury or damages, direct or indirect, which may result from End User’s use or possession of Canada Post Data; or (ii) in any way for loss of revenues or contracts, or any other consequential loss of any kind resulting from any defect in such Canada Post Data.

End User agrees to indemnify and save harmless Canada Post and Statistics Canada and its officers, employees, agents from all claims alleging loss, costs, expenses, damages or injuries (including injuries resulting in death) arising out of End User’s possession or use of Canada Data.

END USER LICENSE AGREEMENT FOR HERE DATA

The Software or Product ( “Software” or “Product”) may include geocoding functionality and other elements provided by HERE Global B.V. and its affiliates and suppliers (collectively, “HERE”) data included in your Software, if any, as well as to HERE data you obtain separately that is formatted for use with your Software. In the below terms, you are referred to as “You”, “Your” or “Customer”. Accordingly, when applicable, your use of such elements of the Product (“HERE Elements”) is also governed by:

1. The following HERE policies:

   • Service Terms for End Users
   • Supplier Terms for Location Content
   • Acceptable Use Policy
   • B2B Service Terms
   • Privacy Policy

2. The following additional terms:

   1. Customer will not: (a) use any HERE Elements except with for Customer’s own internal business or personal use; (b) use any HERE Elements within the Product with geographic data from competitors of HERE; (c) reverse-engineer or archive the HERE ELements; and (d) export the HERE Elements(or derivative thereof) except in compliance with applicable export laws, rules and regulations.
   2. Customer will: (a) stop using the HERE Elements if Customer fails to comply with the terms and conditions of these End User terms; (b) be bound by: https://legal.here.com/terms/general-content-supplier/terms-and-notices/ (or as notified by HERE to Customer).
   3. If Customer is a United States Government End Users (and others who wish to claim similar rights), the HERE Elements are a “commercial item”, as that term is defined at 48 C.F.R. 2.101, and is licensed in accordance with the End User terms under which the HERE Elements are provided.
   4. HERE affirmatively disclaims any warranties, express implied or otherwise, of quality, performance, merchantability, fitness for a particular purpose and non-infringement.
   5. HERE affirmatively disclaims liability for any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action arising out of the use or possession of the HERE Elements; or for any loss of profit, revenue, contracts or savings, or any other direct, indirect, incidental, special or consequential damages arising out of the use of, or inability to use the Here Elements, any defect or inaccuracy in the HERE Elements, or the breach of these terms or conditions, whether in an action in contract or tort or based on a warranty, even if Customer, HERE or their affiliates or suppliers have been advised of the possibility of such damages.
   6. Trimble MAPS does not make or imply any warranties on behalf of HERE, its affiliates or their data suppliers or provide any right of liability or indemnity against HERE its affiliates or their data suppliers.

The following Disclaimer applies for information on Electric Vehicles provided by the Department of Energy for the United States and Canada.

1. Disclaimer

The National Renewable Energy Laboratory (NREL) is operated for the U.S. Department of Energy by the Alliance for Sustainable Energy, LLC (“Alliance”). As such the following rules apply:

2. Copyright Status

NREL-authored documents are sponsored by the U.S. Department of Energy under Contract DE-AC36-08GO28308. Accordingly, with respect to such documents, the U.S. Government and others acting on its behalf retain a paid-up nonexclusive, irrevocable world-wide license to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the Government. Use of documents available from or referenced by this server may be subject to U.S. and foreign Copyright Laws.

3. Disclaimer of Endorsement

Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or Alliance. The views and opinions of authors expressed in the available or referenced documents do not necessarily state or reflect those of the United States Government or Alliance.

4. Disclaimer of Liability

WITH RESPECT TO INFORMATION FROM THIS SERVER, NEITHER THE UNITED STATES GOVERNMENT NOR ALLIANCE, NOR ANY OF THEIR EMPLOYEES, MAKES ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY SUCH INFORMATION, OR OF ANY APPARATUS, PRODUCT, OR PROCESS DISCLOSED, OR REPRESENTS THAT ITS USE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS.

5. Data and Software

Access to or use of any data or software made available on this server (“Data”) shall impose the following obligations on the user, and use of the Data constitutes user’s agreement to these terms. The user is granted the right, without any fee or cost, to use or copy the Data, provided that this entire notice appears in all copies of the Data. Further, the user agrees to credit the U.S. Department of Energy (DOE)/NREL/ALLIANCE in any publication that results from the use of the Data. The names DOE/NREL/ALLIANCE, however, may not be used in any advertising or publicity to endorse or promote any products or commercial entities unless specific written permission is obtained from DOE/NREL/ ALLIANCE. The user also understands that DOE/NREL/ALLIANCE are not obligated to provide the user with any support, consulting, training or assistance of any kind with regard to the use of the Data or to provide the user with any updates, revisions or new versions thereof. DOE, NREL, and ALLIANCE do not guarantee or endorse any results generated by use of the Data, and user is entirely responsible for the results and any reliance on the results or the Data in general.

USER AGREES TO INDEMNIFY DOE/NREL/ALLIANCE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, RELATED TO USER’S USE OF THE DATA. THE DATA ARE PROVIDED BY DOE/NREL/ALLIANCE “AS IS,” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL DOE/NREL/ALLIANCE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO CLAIMS ASSOCIATED WITH THE LOSS OF DATA OR PROFITS, THAT MAY RESULT FROM AN ACTION IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS CLAIM THAT ARISES OUT OF OR IN CONNECTION WITH THE ACCESS, USE OR PERFORMANCE OF THE DATA.

For more information, please visit: https://www.nrel.gov/disclaimer.html

WEBSOCKET

THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE FOR WEBSOCKET ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

BOOST SOFTWARE LICENSE

Boost Software License- Version 1.0- Copyright © 2003 Permission is hereby granted, free of charge, to any person or organization obtaining a copy of the software and accompanying documentation covered by this license (the “Software”) to use, reproduce, display, distribute, execute, and transmit the Software, and to prepare derivative works of the Software, and to permit third-parties to whom the Software is furnished to do so, all subject to the following:

The copyright notices in the Software and this entire statement, including the above license grant, this restriction and the following disclaimer, must be included in all copies of the Software, in whole or in part, and all derivative works of the Software, unless such copies or derivative works are solely in the form of machine-executable object code generated by a source language processor.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.