SketchUp Extension Warehouse Terms of Use

Last updated: November 1, 2014

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1. Acceptance of Terms Through Use; Changes to Terms of Use

Welcome to the SketchUp Extension Warehouse. Trimble Navigation Limited (“Trimble”) makes available the SketchUp Extension Warehouse and any other elements of this website or subdomains (collectively, the “Warehouse”) only upon your acceptance of these Terms of Use (“Terms of Use”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WAREHOUSE OR DOWNLOADING, INSTALLING OR ACCESSING EXTENSIONS OR WAREHOUSE CONTENT. YOUR USE OF THE WAREHOUSE INDICATES YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED OR REFERENCED IN THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE WAREHOUSE.

Changes to Terms : Please note that Trimble reserves the right to update and change these Terms of Use from time to time in its discretion and will post a notice on the Warehouse when these Terms of Use have changed. Please also check these Terms of Use periodically for changes. Your continued use of the Warehouse following the posting of any changes to these Terms of Use will confirm your acceptance of those changes. These Terms of Use constitute a binding, legal agreement between you and Trimble and are intended to have the same force and effect as if you signed them. The Warehouse and other services are only available to persons who can form legally binding contracts under applicable law. If you do not qualify, you may not use the Warehouse.

2. Use of SketchUp Extension Warehouse

Subject to these Terms of Use, you may use the Warehouse to search, locate, purchase and/or install Extensions. Trimble reserves the right to refuse access to the Warehouse to anyone at any time in its sole discretion.

Extensions” are individual, separate software programs or applications created, designed, and developed to interface and work with one or more of Trimble’s SketchUp software products. They may be created, designed and developed by a third-party software developer (“Developer ”) or by Trimble. Developers are also subject to the SketchUp Extension Warehouse Developer Terms found here.

Extensions provided by Developers are referred to as “Developer Extensions” and Extensions provided by Trimble are referred to as “ Trimble Extensions”. Trimble is not responsible for any Developer Extensions.

The Warehouse enables Developers to make Extensions available either free of charge or for a fee. If you purchase a license to an Extension, the terms in Section 7 (Purchases of Extensions) apply. Certain Trimble Extensions may only be available to users of the commercial version of the SketchUp software.

All Extensions are subject to an End User License Agreement as further described in Section 8 (End User License Agreement for Extensions).

You may reinstall Extensions you have previously installed or purchased through your user account at any time and from time-to-time without additional cost or fees; provided, however, that (i) you may not reinstall Extensions which Trimble has removed or permitted the Developer to remove from the Warehouse and (ii) if you previously installed an Extension at no charge and the applicable Extension is now only available for a fee, you may be required to purchase the Extension to reinstall such Extension. To reinstall Extensions, visit the “My Extensions” page while logged into your user account.

3. User Accounts

A. Account Creation.

You will create a Warehouse user account with Trimble when you access or purchase Extensions through the Warehouse. Currently, you may create your Warehouse account through an account with Trimble or a valid Google user account. To use your Google account to create a Warehouse account, you must authorize Google to share account information with Trimble and you must maintain your Google user account in good standing subject to any separate user terms between you and Google. The authentication information Google provides to Trimble or you provide to Trimble may contain personally identifiable information, which will be handled by Trimble as described below, and we may publicly display the name and profile photo (if any) associated with your Trimble or Google user account.

You are entirely responsible for maintaining the confidentiality of your password and account credentials, and you agree that Trimble may terminate your Warehouse account or access to the Warehouse if you fail to do so. Additionally, you are fully responsible for any and all activities that occur under your account. You agree to notify Trimble immediately of any unauthorized use of your account or any other breach of security. Trimble will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

B. Your Personal Information.

Personally identifiable information that you may submit for the purpose of purchasing or receiving products or services or for creating or authenticating your user account will be handled in accordance with Trimble's online Privacy Statement and may be used and shared by Trimble as necessary to fulfill your purchase of or access to an Extension or provide any related services or as otherwise set forth in these Terms of Use.

4. Age Restrictions

You may not register for a user account or access or purchase Extensions from the Warehouse if you are under 13 years of age unless we have verified parental consent.

5. Developer Extensions and Offerings

Extensions and other content on the Warehouse may be provided or owned by third-party Developers. Trimble does not endorse, guarantee or provide a warranty for Developer Extensions or any other third-party content and may or may not review any such items for compliance with law or Trimble policies.

Use of Developer Extensions is governed by the applicable EULA for each such Extension (as further described in Section 8 (End User License Agreement for Extensions)).

Trimble is not responsible for the collection of information or user data by Developer Extensions and any such collection is subject to the EULA for such Extension and any applicable related Developer privacy policy.

6. Trimble Extensions and Offerings

A. Trimble Extensions.

If you install or access a Trimble Extension from the Warehouse, use of the Extension shall be governed by these Terms of Use and the applicable Trimble EULA which accompanies that Extension. Any other Trimble obligations with respect to its Extensions, products and services are governed solely by the terms and conditions of agreements under which they are provided.

B. Trimble SketchUp Software.

Nothing herein grants you any license, rights, title or interest in or to the Trimble SketchUp software which is licensed to you pursuant to a separate agreement (“SketchUp License Agreement”). Trimble may update, fix or upgrade the SketchUp software with which an Extension works from time-to-time without notice and such changes may affect compatibility or interoperability of such Extension. Your right, if any, to receive such updates, fixes or upgrades is dependent upon and governed by the terms of the applicable SketchUp License Agreement between you and Trimble.

7. Purchases of Extensions

A. Trimble’s Role.

Trimble may offer and sell licenses to Developer Extensions or Trimble Extensions through the Warehouse. You may purchase such licenses from Trimble through the Warehouse (each such purchase, a “Transaction”). Trimble utilizes the services of third party payment processors (“ Payment Service”) to process payments in connection with Transactions. Trimble will inform you of a completed Transaction using its standard procedures. In certain countries Transactions may be conducted by one of Trimble’s designated affiliated entities.

B. Pricing and Purchases.

You agree to provide Trimble with a valid payment method and further agree that Trimble may charge you, and that you will pay for, all Extensions you purchase through the Warehouse. Your total price will include the fee for the Extension plus any applicable sales tax, VAT or other applicable taxes or fees in effect at the time you first install the Extension (“Total Purchase Amount”). Trimble (through the Payment Service) will collect the Total Purchase Amount at the time you confirm the purchase. Prices for Extensions may change at any time and neither any Developer nor Trimble provides price protection or refunds in the event of a price reduction or promotional offering.

C. Accessing your Extensions. Upon receipt of the Total Purchase Amount from you, Trimble shall allow you to access the purchased Extension. If technical problems prevent or unreasonably delay access to a purchased Extension, your sole and exclusive remedy is either replacement of the purchased Extension or refund of the Total Purchase Amount, in Trimble’s discretion.

D. ALL TRANSACTIONS ARE FINAL. All transactions are final except as may be expressly set forth in these Terms of Use. Trimble is not required to offer or issue any returns, refunds or exchanges.

E. Sharing of Contact Information. By purchasing an Extension, you agree that Trimble may provide your name, company, email address or similar contact information to the Developer whose Extension you purchased for purposes of enabling communications regarding support inquiries, updates, upgrades, or other messages. Trimble is not responsible for the content or results of any such communications. If you wish to stop receiving such communications, you must contact the applicable Developer directly.

F. Disputes Regarding Extensions. IF A DISPUTE ARISES BETWEEN YOU AND ANY DEVELOPER, EACH OF YOU RELEASE TRIMBLE (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.

8. End User License Agreement for Extensions

Your use of any Extension (including any updates and upgrades) you purchase, download, install or use is governed by these Terms of Use and the end user license agreement or similar terms provided with or referenced by such Extension (“End User License Agreement” or “EULA ”). If no EULA is provided or otherwise specified for an Extension, that Extension is subject to the General Extension EULA available here. Any Extension provided under the General Extension EULA is provided "AS-IS" with no warranties whatsoever, express or implied and your use of that product or service is at your own risk. Note also that the applicable EULA specified for an Extension may be an open source license.

For clarity, every Extension (whether provided by a Developer or Trimble and whether offered for free or a charge) is subject to either a specified EULA or if none is specified then the General Extension EULA.

9. Availability of Extensions.

Trimble or any Developer may modify, update or remove any Extension they have published to the Warehouse at any time in their discretion. Trimble may also remove any Extension from the Warehouse if it discovers that such Extension (or related Developer) violates these Terms of Use, the Sketchup Extension Warehouse Developer Terms, any other Trimble policy or applicable law.

10. Support

Trimble does not provide any technical support, updates or upgrades for Developer Extensions. Please contact the Developer directly. Each Developer determines the level of support, if any, they will provide for their Extensions (and any related fees).

Trimble is not obligated to provide any technical support, updates or upgrades for Trimble Extensions. Any support Trimble may offer for Trimble Extensions will be made available at the fee and pursuant to the support terms Trimble may specify.

11. Warehouse Content; Use Restrictions

A. Proprietary Rights.

Trimble or its licensors reserve all right, title and interest (including intellectual property rights) in and to the Warehouse and the content and other information available on the Warehouse (collectively the "Warehouse Content") (excluding User Communications or Developer posted material) and any Trimble Extensions. Trimble’s rights are protected by worldwide copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All rights not expressly granted under these Terms of Use are retained by Trimble or its licensors. Unauthorized use of the Warehouse, Extensions and/or Warehouse Content (collectively, “Warehouse Materials”) may violate copyright, trademark and other intellectual property rights and laws. Extensions and any other software made available on the Warehouse are licensed, not sold, and any reference in these Terms of Use to selling or purchasing software or Extensions shall mean selling or purchasing a license.

B. Use Restrictions.

You may not:

i. Modify the Warehouse Content (other than your User Communications or materials you have created or uploaded) or use them for any public display, performance, sale, rental or for any commercial purpose except as expressly authorized in these Terms of Use;

ii. Decompile, reverse engineer, or disassemble any Warehouse Content which is software (except and only to the extent permitted by applicable law, and then only with advance notice to Trimble);

iii. Remove or modify any copyright, trademark or other proprietary or legal notices from the Warehouse Content; or

iv. Redistribute or transfer the Warehouse Content to another person.

C. Conduct.

As a condition of your use of the Warehouse you agree that you will not use the Warehouse Materials for any purpose that is unlawful or prohibited by these Terms of Use, or any other Trimble policy (“Misuse”). You will be responsible for any costs incurred by Trimble or any other party (including attorneys’ fees) as a result of your Misuse of the Warehouse Materials.

Misuse includes, but is not limited to:

i. Using the Warehouse Materials to disseminate or convey inappropriate, defamatory, obscene, salacious, or unlawful information, images or materials; or to harass, stalk, threaten or otherwise violate the legal rights of others;

ii. Using the Warehouse Materials in such a manner so as to interfere unreasonably with their use by others;

iii. Attempting or assisting another to access, alter, or interfere with the communications and/or information of another user;

iv. Scraping information from the Warehouse;

v. Account fraud or unauthorized access;

vi. Uploading, or otherwise making available, any information, images or other Warehouse Content, including files that contain text, images, photographs, software or other content owned by others, in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of others;

vii. Using the Extension description fields or other fields into which you are able to input text or other information to advertise, promote or offer to sell or buy goods (other than advertising or promotion by a Developer of the applicable posted Extension);

viii. Violating any code of conduct associated with the Warehouse, or any applicable laws or regulations; or

ix. Taking any action that imposes an unreasonable or disproportionately large load on the Warehouse infrastructure; or uploading files that contain viruses, Trojan horses, worms, or other similar software or programs that cause damage to computers or property of others.

12. User Posted Materials

The Warehouse may include feedback, ratings and review mechanisms and other ways in which users can post, upload, interact with, share and submit materials (e.g., text, images, data, etc.) (collectively, "User Communications"). USER COMMUNICATIONS WILL BE CONSIDERED NON-CONFIDENTIAL AND NON-PROPRIETARY AND BY POSTING, UPLOADING, INPUTTING, OPTING TO SHARE, OR OTHERWISE SUBMITTING ANY USER COMMUNICATIONS TO THE WAREHOUSE, YOU UNDERSTAND AND AGREE THAT:

i. You are granting Trimble, its designees and sub-licensees, consent and permission to use your User Communications, including without limitation, worldwide, royalty-free, non-exclusive, perpetual license rights with right of sublicense to disclose, reproduce, store, display and perform (publicly or otherwise), publish, adapt, modify, transmit, distribute, have distributed, edit, translate, reformat, create derivative works based on and otherwise use such User Communications; and

ii. You represent and warrant that you own or otherwise control all of the rights to your User Communications and that your User Communications will not infringe or violate the rights of any third party.

Trimble shall have no obligation to monitor User Communications.

Trimble reserves the right at all times to disclose any information as Trimble deems necessary to satisfy any applicable law, regulation, legal process or governmental request or to review, edit, refuse to post, or to remove any User Communications, in whole or in part, in Trimble's sole discretion.

Trimble may use contact information you have provided to respond to your User Communications and to send you service announcements, administrative messages and other information about the Warehouse and Extensions you purchased or installed. You may opt out of those Trimble communications at any time by updating your account preferences.

Trimble does not control or endorse the content, messages or information found in any User Communications and, therefore, Trimble specifically disclaims any liability with regard to them (and any action you take based on them) and any actions or claims resulting from your participation in any services.

Please note : Trimble has no obligation to remove any User Communications that you have opted to input and share absent Trimble’s receipt of your written request to do so. You may submit a request for removal of your shared User Communications from the applicable forum or webpage to the email address designated for such purpose or to webmaster@trimble.com. Trimble does not guarantee that it will be able to remove all instances of your User Communications and removal will not affect any licenses granted in connection with your User Communications prior to the time of their removal.

13. Ratings and Reviews of Extensions

The Warehouse may have functionality to allow you to rate and provide reviews of Extensions, which constitute User Communications hereunder. To be useful to other users, your reviews must be made in good faith after reasonable evaluation of the full Extension. You may post only one review per Extension, unless the later review reflects a good-faith rating change based on further evaluation. In addition, reviews may not contain content that constitutes Misuse, that is false, fraudulent or misleading or that impersonates any other person or entity, including any of Trimble’s employees.

14. Aggregated Information; Feedback

In addition to Trimble’s other rights, Trimble may collect aggregated information regarding your interaction with the Warehouse and Extensions (excluding any personally identifiable information) and may exploit and use such aggregated information for any purpose without restriction. Trimble may freely use, copy, disclose, prepare derivative works based on, distribute, publicly perform or display, and exploit any feedback, bug reports or suggestions you provide to Trimble (including in User Communications) regarding the Warehouse Materials or other Trimble products and services, without any obligation, royalty or restriction based on intellectual property rights or otherwise.

15. Termination for Violations; Removal of Warehouse Content and Discontinuation of Service

Trimble may suspend your account or stop providing the Extensions or access to the Warehouse or other services to you if Trimble is investigating suspected misconduct or Misuse. If you engage in Misuse, violate these Terms of Use, other applicable Trimble policies or applicable law, or interfere with the Warehouse in any way:

i. Trimble reserves the right to seek all remedies available in law and equity for such violations;

ii. Trimble may suspend or terminate your account;

iii. Any authorization and license you have to use any Trimble Extensions and to use the Warehouse and the Warehouse Content shall automatically terminate; and

iv. You must immediately discontinue use of and delete any downloaded, installed or purchased Trimble Extensions or downloaded or printed Warehouse Content obtained from the Warehouse.

Trimble further reserves the right to remove Warehouse Content or Extensions or discontinue services available on the Warehouse with or without notice, to terminate your authorization to use any services or Warehouse Content on the Warehouse, to terminate your password, if any, and to delete any one or more of your related accounts, for any reason or for no reason, immediately and at any time. Trimble accepts no responsibility for such deletion or removal of Warehouse Content, Extensions or other information.

16. Special Purpose Messages

You agree that Trimble may contact you with special purpose messages sent from time to time through your personal computer, mobile phone or other wireless device delivered using SMS-based text messages, email messages or other communication mechanisms, in situations when such contact is required to inform you about material events concerning you and your account.

17. Indemnification

Upon a request by Trimble, you agree to defend, indemnify, and hold harmless Trimble and its affiliates, agents, suppliers and third parties, and its and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Warehouse Materials or any Transaction hereunder. Trimble reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Trimble in asserting any available defenses. You may not settle any claim without the prior written consent of Trimble in each case.

18. Warranty Disclaimer

Trimble assumes no responsibility for the accuracy of the Warehouse Content or Extensions; nor does Trimble warrant that the Warehouse Content or Extensions are up-to-date, that the Warehouse Content or Extensions will meet your needs, that the Warehouse will be available at any particular time or location, that any defects or errors will be corrected, or that the Warehouse Content or Extensions are free of viruses or other harmful components. Your use of the Warehouse is at your sole risk. Mention of non-Trimble products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation.

THE WAREHOUSE AND WAREHOUSE CONTENT AND EXTENSIONS MADE AVAILABLE THEREIN ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY BY TRIMBLE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.

19. Limitation of Liability

IN NO EVENT SHALL TRIMBLE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, THIRD PARTY, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OF OR INABILITY TO USE THE WAREHOUSE MATERIALS OR ANY OTHER TRIMBLE PRODUCT OR SERVICE, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT ON, INCLUDING ANY EXTENSIONS PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE WAREHOUSE), EVEN IF TRIMBLE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE EXCLUSION OF DAMAGES IS INDEPENDENT OF ANY REMEDY PROVIDED UNDER THIS AGREEMENT AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.

THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS, IN NO EVENT WILL TRIMBLE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF (X) ONE HUNDRED DOLLARS ($100) OR (Y) THE AGGREGATE AMOUNT YOU PAID TRIMBLE IN EXTENSION TRANSACTIONS DURING THE PRIOR TWELVE (12) MONTH PERIOD.

Trimble does not assume and will not have any liability arising from events beyond Trimble’s control or the control of its subcontractors, Developers, business partners or licensors, including events such as acts of God, acts of any governmental entity, acts of a public enemy, strikes, natural disasters, or failure or diminishment of power or telecommunications or data networks or services.

20. Links to Third Party Web Sites

The Warehouse may contain links to third party web sites. Access to any other web site linked to the Warehouse is at the user's own risk. Trimble does not control, and is not responsible for, the accuracy or reliability of any information, content, data, opinions, advice or statements made on those web sites, or about any products found at those web sites, or about any search results that may be obtained from using them. Trimble provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

21. Linking to the Warehouse

You may create links to the Warehouse from your web site(s), but only in accordance with the following guidelines (or other guidelines that Trimble may provide from time to time) and in compliance with applicable law. A web site that links to the Warehouse:

i. May refer to the Trimble company name, SketchUp or Extension Warehouse name or product names in a plain text font and format in accordance with Trimble’s general trademark usage guidelines, using appropriate wording such as "This way to the Extension Warehouse" or "Click here for more information on SketchUp products”;

ii. Shall not imply that Trimble is endorsing your products;

iii. Shall not misrepresent your relationship with Trimble;

iv. Shall not present false information about Trimble products or services;

v. Shall not use the Trimble, SketchUp or Extension Warehouse logos or other trademarks (including third party trademarks) without permission from Trimble or the owner of the trademark;

vi. Shall not charge or attempt to charge for the use of the Warehouse or any Extensions in the Warehouse which are not your own Extensions; and

vii. Shall not contain content that could be construed as distasteful, offensive or controversial, and shall contain only content that is appropriate for all age groups.

If you have placed a link on your web site to the Warehouse you agree to promptly remove such link at Trimble's request.

22. Copyright and Trademark Information

Copyright information and a current list of United States trademarks owned by Trimble is set forth at http://www.trimble.com/copyrights.aspx. Any questions concerning their use, or whether a trademark that does not appear on this list is a trademark of Trimble, should be referred to Trimble's Intellectual Property department at U.S. +1 408 481 8000.

23. U.S. Government Restricted Rights

Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in these Terms of Use and the applicable EULA, and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14(ALT III), as applicable. Use of the Warehouse Content or Extensions by the Government constitutes acknowledgment of Trimble's, its suppliers’ or Developers’ proprietary rights in them.

24. International

The Warehouse is administered by Trimble from its offices within the United States of America. Trimble may also make use of its U.S. or foreign affiliates or one or more external service providers to host the Warehouse. Consequently, data is collected, sent, processed and stored in the United States and may be collected, sent, processed and stored outside the United States. You acknowledge that in the event of conflict of privacy laws or practices in your jurisdiction and those in the domicile of the entity hosting the Warehouse the law applicable in the domicile of the hosting entity will have precedence at all times.

Trimble makes no representation that Warehouse Materials are appropriate or available for use in locations outside the United States, and accessing them from territories where they are illegal is prohibited. You may not use or export or re-export the Warehouse Content or Extensions or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States export laws and regulations. If you choose to access the Warehouse from locations outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

25. Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and applicable United States federal law, without reference to "conflicts of laws" provisions or principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Warehouse shall lie exclusively in, or be transferred to the courts of the County of Santa Clara and/or the Northern District of California; and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of adjudicating any such claim or action.

26. Contacting Trimble or the SketchUp division

Information on how to contact Trimble may be found at http://www.trimble.com/Corporate/Contacts.aspx. Information on how to contact Trimble’s SketchUp division may be found at http://help.sketchup.com/contact. Any notice or other communication given by you to Trimble regarding these Terms of Use will be deemed given and served when personally delivered, delivered by reputable international courier requiring signature for receipt, or five (5) business days after mailing (postage prepaid), addressed to Trimble at its notice address. TRIMBLE’s notice address shall be: Trimble Navigation Limited, Attn: General Counsel, 935 Stewart Drive, Sunnyvale, CA 94085, USA.

27. Digital Millennium Copyright Act

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Trimble’s DMCA administrator the written information specified below, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2).

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Warehouse;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Trimble's DMCA administrator for notice of claims of copyright infringement on the Warehouse can be reached as follows:

DMCA Administrator
Legal Department
Trimble Navigation Limited
935 Stewart Drive
Sunnyvale, CA 94085
Fax: 408-481-7780
DMCA@trimble.com

28. General Provisions

Except as otherwise specified herein, these Terms of Use constitute the entire agreement between you and Trimble with respect to your use of the Warehouse and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Trimble with respect to use of the Warehouse. You also may be subject to additional terms and conditions that may apply when you use Warehouse Content, Extensions, software, or services provided by third party providers to the Warehouse. These Terms of Use, and any rights and licenses granted under these Terms of Use, may not be transferred or assigned by you, but may be assigned by Trimble without restriction. Any rights not otherwise expressly granted by this these Terms of Use are reserved by Trimble, its suppliers or Developers. The failure of Trimble to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any part of these Terms of Use is held invalid or unenforceable by a court of competent jurisdiction that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Warehouse must be filed within one (1) year after such claim or cause of action arose or be forever barred. Sections 11 (Warehouse Content; Use Restrictions), 12 (User Posted Materials), 14 (Aggregated Information; Feedback), 17 (Indemnification), 18 (Warranty Disclaimer), 19 (Limitation of Liability), 25 (Choice of Law and Forum) and 28 (General Provisions) will survive any termination or expiration of your use of or access to the Warehouse Materials or these Terms of Use as applies to you. The official language of these Terms of Use is English. If there is a conflict between the English language version and any translation, the English language version will control.