Common use of Use of Third Party Optional Apps and/or Third Party EMMs Clause in Contracts

Use of Third Party Optional Apps and/or Third Party EMMs. Optional Apps may be provided and/or licensed by third parties other than Trimble and its Affiliates (“Third Party Optional Apps”). Trimble is not responsible for any issues with respect to the set-up and configuration of Third Party EMMs, and/or the deployment of Core Apps and/or Optional Apps to Display Devices through a Third Party EMM. You agree that Third Party Optional Apps are not created, licensed or supplied by us. You assume all risk for, and we provide no warranty for and disclaim all liability in connection with, and you hold us harmless from and against, any claims, damages, losses, or liabilities arising or resulting from or related to, the use of Third Party EMMs and/or the installation and use of Third Party Optional Apps on Display Devices, including without limitation (i) performance or feature degradation or inability to use Display Devices, Core Apps or other Optional Apps resulting from use of a Third Party EMM or Third Party Optional App, (ii) personal injury or property damage resulting from use of a Third Party EMM or Third Party Optional App (e.g., use of third party mapping software), and (iii) a breach of security or compromise of your Confidential Information or Transportation Data originating through a Third Party EMM or Third Party Optional App. You will indemnify and hold us harmless from and against any claims, damages, losses, or liabilities arising or resulting from or related to your installation and/or use of Third Party EMMs and/or Third Party Optional Apps. We are not responsible for supporting issues related to or resulting from your use of Third Party EMMs and/or Third Party Optional Apps. If we elect to provide such support at our discretion, such support will be provided on a time and materials basis at our standard professional services support rate. Any unavailability or degradation of the Trimble platform or Trimble features or functionality (including Core Apps and Trimble- provided Optional Apps) resulting from use of a Third Party EMM or Third Party Optional Apps will not constitute Trimble system downtime.