Common use of Third Party Terms Clause in Contracts

Third Party Terms. Trimble may use third party products and services (including without limitation software subject to open source and third party license terms that is incorporated in the Client Software) in its provisioning of the Service, including without limitation for hosting Customer Data (“Third Party Offerings”). If Trimble notifies Customer of any additional end user terms or open source or third party licenses for use of such products and services (“Third Party Terms”), then Customer agrees to comply with such Third Party Terms. Any noncompliance by Customer with any Third Party Terms will be deemed a material breach of this Agreement. Neither Trimble nor Xxxxxxx’x suppliers offer any warranty in connection with any Third Party OFFERINGS and neither Trimble nor ITS Suppliers will be liable to CUSTOMER for such Third Party OFFERINGS. In the event of a conflict between this Agreement and any Third Party Terms, the Third Party Terms will control with regard to Customer’s use of the relevant Third Party Offerings. The applicable Third Party Terms with respect to the Service (including, without limitation,any open source software utilized in the Client Software and the applicable license terms) are listed at Trimble Connect Third Party Terms and Attributions, as may be updated from time to time and which are incorporated into this Agreement by this reference.

Third Party Terms. Trimble may use third party products and services (including without limitation software subject to open source and third party license terms that is incorporated in the Client Software) in its provisioning of the Service, including without limitation for hosting Customer Data (“Third Party Offerings”). If Trimble notifies Customer of any additional end user terms or open source or third party licenses for use of such products and services (“Third Party Terms”), then Customer agrees to comply with such Third Party Terms. Any noncompliance by Customer with any Third Party Terms will be deemed a material breach of this Agreement. Neither Trimble nor Xxxxxxx’x suppliers offer any warranty in connection with any Third Party OFFERINGS and neither Trimble nor ITS Suppliers will be liable to CUSTOMER for such Third Party OFFERINGS. In the event of a conflict between this Agreement and any Third Party Terms, the Third Party Terms will control with regard to Customer’s use of the relevant Third Party Offerings. The applicable Third Party Terms with respect to the Service (including, without limitation,any open source software utilized in the Client Software and the applicable license terms) are listed at Trimble atTrimble Connect Third Party Terms and Attributions, as may be updated from time to time and which are incorporated into this Agreement by this reference.