IMPORTANT, READ THIS AGREEMENT CAREFULLY. BY INSTALLING OR USING ALL OR ANY POR-
TION OF THE SOFTWARE, YOU ARE ACCEPTING
ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN
AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS
AND CONDITIONS, DO NOT USE OR ACCESS THE
SOFTWARE. IF YOU HAVE PAID A LICENSE FEE
FOR USE OF THE SOFTWARE AND DO NOT AGREE
TO THESE TERMS, YOU MAY RETURN THE SOFTWARE (ALONG WITH ANY HARDWARE ON WHICH
IT WAS EMBEDDED, IF APPLICABLE) FOR A FULL
REFUND PROVIDED YOU (A) DO NOT USE THE
SOFTWARE AND (B) RETURN THE SOFTWARE
WITHIN THIRTY (30) DAYS OF YOUR INITIAL PURCHASE.
IF YOU WISH TO USE THE SOFTWARE AS AN EMPLOYEE, CONTRACTOR, OR AGENT OF A CORPORATION, PARTNERSHIP OR SIMILAR ENTITY,
THEN YOU MUST BE AUTHORIZED TO SIGN FOR
AND BIND THE ENTITY IN ORDER TO ACCEPT THE
TERMS OF THIS AGREEMENT. THE LICENSES
GRANTED UNDER THIS AGREEMENT ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE BY
SUCH AUTHORIZED PERSONNEL.
IF YOU HAVE ENTERED INTO A SEPARATE WRITTEN LICENSE AGREEMENT WITH LICENSOR FOR
USE OF THE SOFTWARE, THE TERMS AND CONDITIONS OF SUCH OTHER AGREEMENT SHALL PREVAIL OVER ANY CONFLICTING TERMS OR
CONDITIONS IN THIS AGREEMENT.
This End User License Agreement (“Agreement”) is
between Trimble Navigation Limited, located at 935
Stewart Drive, Sunnyvale, CA 94085 and/or its affiliates (“Licensor”) and the customer (individual or
entity) that has downloaded or otherwise procured
the licensed Software (as defined below) for use as
an end user (“you”). This Agreement covers any Software and supporting technical documentation provided with the Software (“Documentation”).
1.Definitions
“Effective Date” means the earlier of the date you
sign an Order Form or the date on which the Software
is first made available to you.
“Order Form” means any order which is entered into
by Licensor (or an authorized distributor or reseller of
Licensor) and you under which you are provided the
Software. Each Order Form for the Software shall be
deemed a part of this Agreement. This Agreement is
binding on you whether or not you executed an Order
Form with Licensor. Order Forms may not vary the
terms of this Agreement. Only a written agreement,
signed by Licensor (not a Licensor distributor or reseller) may vary the terms of this Agreement.
“Software” means the Licensor software product(s)
provided in connection with this Agreement in object
code form (or as otherwise specified in any related
Order Form). “Software” shall also include any releases provided to or purchased by you under any
separate support and maintenance agreement you
may enter into with Licensor. Unless otherwise noted, the Software and Documentation are referred to
collectively herein as “Software.”
“Third-Party Software” means any third-party software that is provided to you by Licensor under this
Agreement or under separate terms and conditions.
“Licensor Supplier” means either Licensor or an authorized distributor or reseller of Licensor products or
services which has entered into an Order Form with
you.
2.License
2.1.Grant of License. Subject to all of the terms and
conditions of this Agreement, Licensor grants you a
non-transferable, non-sublicensable, non-exclusive
license to use the Software in machine-readable form
on any computer and operating system for which it
was intended, but solely (a) for your own internal
business purposes at the location specified in the applicable Order Form (the “Site”); (b) in accordance
with the Documentation; and (c) in accordance with
any additional license term, subscription term or other user, seat, computer, field of use or other restrictions set forth in the applicable Order Form or
otherwise specified upon purchase.
2.2.Installation and Copies. Licensor shall make
available the Software and Documentation by disk,
other media, or as embedded in a device, or make it
available for download in electronic form. Licensor
shall also provide you with electronic passwords or
other enabling mechanisms if necessary to permit
the licensed usage of the Software. All licenses shall
commence, and delivery shall be deemed to occur, as
of the Effective Date (or, if later, such date on which
the Software and license keys are first made available to you). If your Order Form is with a Licensor distributor or reseller, that distributor or reseller (and
not Licensor) is solely responsible for delivery to you
and Licensor has no liability for any failure to deliver.
If the Software requires license keys to operate as licensed to you, Licensor or the applicable Licensor
Supplier will deliver such license keys to you.
2.3.Software Intended to be Installed on Computers.
You may copy and install on your computers for use
only by your employees the number of copies of the
Software for which you have paid the applicable license fee. You may transfer the Software from one
computer to another computer provided that the
computer to which the Software is transferred is located at the Site and the Software is completely removed and de-installed from the prior computer. If
you are permitted to install the Software on a network
server, and you transfer the Software from the site to
a new location, you must provide Licensor with written notice of the new site prior to such transfer. You
may also make a reasonable number of copies of the
Software for back-up and archival purposes. This
Section 2.3 does not apply to any software embedded on devices.
2.4.License Restrictions. You shall not (and shall not
allow any third party to): (a) decompile, disassemble,
or otherwise reverse engineer the Software or attempt
to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the Software by any means whatsoever
(except and only to the extent that applicable law
prohibits or restricts reverse engineering restrictions); (b) distribute, sell, sublicense, rent, lease, or
use the Software (or any portion thereof) for time
sharing, hosting, service provider, or like purposes;
(c) remove any product identification, proprietary,
copyright, or other notices contained in the Software;
(d) modify any part of the Software, create a derivative work of any part of the Software, or incorporate
the Software into or with other software, except to the
extent expressly authorized in writing by Licensor; (e)
attempt to circumvent or disable the security key
mechanism that protects the Software against unauthorized use (except and only to the extent that ap-
plicable law prohibits or restricts such restrictions);
or (f) publicly disseminate performance information
or analysis (including, without limitation, benchmarks) from any source relating to the Software. If
the Software has been provided to you as embedded
in any hardware device, you are not licensed to separate the Software from the hardware device. If the
Software has been: (i) provided to you separately
from a hardware device but is intended to be loaded
onto a hardware device specified by Licensor (such
as a firmware update or other Software programs that
are designed for use on a specific hardware device
such as surveying software), or (ii) provided to you
pre- loaded onto a specific hardware device, your license is limited to use of the Software on the device
specified by Licensor, and for no other use.
2.5.Evaluation Software. Subject to the terms and
conditions of this Agreement and during the term of
this Agreement, Licensor may, in its discretion, provide you with pre-release, beta or other software on
an evaluation basis (“Evaluation Software”). You
may use Evaluation Software solely for internal evaluation purposes for 30 days from receipt of the Evaluation Software (unless otherwise agreed by Licensor
in writing) (the “Evaluation Period”). Unless you pay
the applicable license fee for the Software, the Evaluation Software may become inoperable and, in any
event, your right to use the Evaluation Software automatically expires at the end of the Evaluation Period.
Evaluation Software shall be subject to all restrictions on Software set forth in this Agreement. You
shall treat all Evaluation Software as Confidential Information of Licensor and shall return or destroy any
copies of Evaluation Software upon expiration of the
applicable Evaluation Period. Any and all suggestions, reports, ideas for improvement and other feedback of any type you provide regarding the Evaluation
Software are the sole property of Licensor, and Licensor may use such information in connection with any
of its products or services without any obligation or
restriction based on intellectual property rights or
otherwise. You acknowledge that all Evaluation Software is provided “AS IS” and may not be functional
on any machine or in any environment. THE WARRANTIES OF SECTION 6 DO NOT APPLY TO EVALUATION SOFTWARE. LICENSOR AND ITS
SUPPLIERS DISCLAIM ALL WARRANTIES RELATING TO THE EVALUATION SOFTWARE, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT.
2.6.Internet-Based Services Components. Licensor
or its Suppliers or both, may provide internet-based
services with the Software which are used to transfer
files between a hardware device, Software and/or
your personal computer which is used in connection
with a hardware device provided by Licensor. Licensor or its Suppliers may change or cancel such services at any time. Your use of the Internet-based
services will result in your consent to the transmission of information, with or without a separate notice
of connection, between Licensor, Licensor’s Supplier’s, or either of their service provider computer systems over the Internet.
3.Ownership
Notwithstanding anything to the contrary contained
herein, except for the limited license rights expressly
provided herein, Licensor and its suppliers have and
will retain all rights, title and interest (including,
without limitation, all patent, copyright, trademark,
trade secret and other intellectual property rights) in
and to the Software and all copies, modifications and
derivative works thereof (including any changes
which incorporate any of your ideas, feedback or suggestions). You acknowledge that you are obtaining
only a limited license right to the Software and that
irrespective of any use of the words “purchase”,
“sale” or like terms hereunder no ownership rights
are being conveyed to you under this Agreement or
otherwise.
4.Payment
You shall pay all fees associated with the Software licensed and any services purchased hereunder as set
forth in the applicable Order Form. All payments
shall be made in U.S. dollars within thirty (30) days
of your receipt of the applicable invoice, unless otherwise specified in writing by the Licensor Supplier.
Except as expressly set forth herein, all fees are nonrefundable once paid. You shall be responsible for all
taxes, withholdings, duties and levies arising from
the order (excluding taxes based on the net income
of the Licensor Supplier). Any late payments shall be
subject to a service charge equal to 1.5% per month
of the amount due or the maximum amount allowed
by law, whichever is less.
5.Term of Agreement
5.1.Term. This Agreement is effective as of the Effective Date and expires at such time as all license
and service subscriptions hereunder have expired in
accordance with their own terms (the “Ter m”). Either
party may terminate this Agreement (including all related Order Forms) if the other party: (a) fails to cure
any material breach of this Agreement within thirty
(30) days after written notice of such breach; (b)
ceases operation without a successor; or (c) seeks
protection under any bankruptcy, receivership, trust
deed, creditors arrangement, composition or comparable proceeding, or if any such proceeding is instituted against such party (and not dismissed within
sixty (60) days)). If you have entered into a separate
written agreement with Licensor which governs the
Software and that agreement is terminated, then this
Agreement automatically terminates and you shall no
longer have any right to use the Software. Termination is not an exclusive remedy and the exercise by
either party of any remedy under this Agreement will
be without prejudice to any other remedies it may
have under this Agreement, by law, or otherwise. For
clarity, even if you have entered into an Order Form
with a Licensor distributor or reseller, Licensor is a
third party beneficiary to that Order For m and has the
right to terminate this Agreement as set forth in this
Section 5 (Term of Agreement).
5.2.Termination. Upon any expiration or termination
of this Agreement, you shall cease any and all use of
any Software and Evaluation Software and destroy all
copies thereof and so certify to Licensor in writing.
6.3 (Disclaimer of Warranties), 9 (Limitation of Remedies and Damages), 10 (Confidential Information),
11 (Export Compliance) and 12 (General) shall survive any termination or expiration of this Agreement.
6.Limited Warranty and Disclaimer
6.1.Limited Warranty. Licensor warrants to you that
for a period of ninety (90) days from the Effective
Date (the “Warranty Period”) the Software shall operate in substantial conformity with the Documentation. Licensor does not warrant that your use of the
Software will be uninterrupted or error-free or that
any security mechanisms implemented by the Software will not have inherent limitations. Licensor’s
sole liability (and your exclusive remedy) for any
breach of this warranty shall be, in Licensor’s sole
discretion, to use commercially reasonable efforts to
provide you with an error-correction or work-around
which corrects the reported non-conformity, or if Licensor determines such remedies to be impracticable within a reasonable period of time, to refund the
license fee paid for the Software. A Licensor Supplier other than Licensor may fulfill Licensor’s warranty
obligations hereunder on behalf of Licensor. Licensor Suppliers shall have no obligation with respect to
a warranty claim unless notified of such claim within
the Warranty Period.
Because the Software is inherently complex and may
not be completely free of nonconformities, defects or
errors, you are advised to verify your work. Licensor
does not warrant that the Software will operate error
free or uninterrupted, that it will meet your needs or
expectations, that all nonconformities can or will be
corrected, or the results obtained through use of the
Software.
6.2.Exclusions. The above warranty shall not apply:
(a) if the Software is used with hardware or software
not specified in the Documentation; (b) if any modifications are made to the Software by you or any third
party; (c) to defects in the Software due to accident,
abuse or improper use by you; (d) to Software provided on a no charge or evaluation basis; (e) to any Third
Party Software; or (f) to any Software obtained as
freeware, whether from Licensor, a Licensor Supplier
or otherwise.
6.3.Disclaimer of Warranties. THIS SECTION 6 IS A
LIMITED WARRANTY AND, EXCEPT AS EXPRESSLY
SET FORTH IN THIS SECTION 6, THE SOFTWARE
AND ALL SERVICES ARE PROVIDED “AS IS.” NEITHER LICENSOR NOR ITS SUPPLIERS MAKES
ANY OTHER WARRANTIES, CONDITIONS OR UNDERTAKINGS, EXPRESS OR IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT
PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE
LIMITED TO THE LIMITED WARRANTY PERIOD.
YOU ASSUME THE ENTIRE RISK AS TO RESULTS
AND PERFORMANCE OF THE SOFTWARE.
7.Support & Maintenance
Licensor shall provide the support and maintenance
services, if any, as separately purchased by you and
specified in the applicable Order Form. All support
and maintenance shall be provided pursuant to Licensor’s standard service terms which are available
upon request from Licensor. Licensor Suppliers may
provide additional support services under separate
written agreement, but Licensor is not responsible for
any such support unless it is the contracting party.
8.Professional Services.
The Licensor Supplier shall provide the number of
person-days, if any, of professional consulting services (“Professional Services”) purchased in the applicable Order Form and related Statement of Work.
If Licensor is providing Professional Services, unless
agreed in a separate written agreement all Professional Services shall be provided pursuant to Licensor’s standard service terms which are available upon
request from Licensor. If your Order Form is with a Licensor Supplier other than Licensor, that party (and
not Licensor) is solely responsible for providing Pro-
fessional Services and Licensor has no liability related to such services.
9.Limitation of Remedies and Damages.
9.1.NEITHER LICENSOR NOR LICENSOR’S SUPPLIERS SHALL BE LIABLE FOR ANY LOSS OF USE,
LOST 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.
9.2.NOTWITHSTANDING ANY OTHER PROVISION
OF THIS AGREEMENT, LICENSOR AND ITS SUPPLIERS’ ENTIRE LIABILITY TO YOU UNDER THIS
AGREEMENT SHALL NOT EXCEED THE AMOUNT
ACTUALLY PAID BY YOU TO LICENSOR UNDER
THIS AGREEMENT.
9.3.THE SOFTWARE 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”). LICENSOR SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED
WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. YOU REPRESENT AND WARRANT THAT YOU
WILL NOT USE THE SOFTWARE (OR PERMIT IT TO
BE USED) FOR HIGH RISK ACTIVITIES, AND
AGREE THAT LICENSOR WILL HAVE NO LIABILITY
FOR USE OF THE SOFTWARE IN HIGH RISK ACTIVITIES. YOU AGREE TO INDEMNIFY AND HOLD
HARMLESS LICENSOR FOR ANY DAMAGES, LIABILITIES OR OTHER LOSSES RESULTING FROM
SUCH USE.
9.4.The parties agree that the limitations specified
in this Section 9 will survive and apply even if any
limited remedy specified in this Agreement is found
to have failed of its essential purpose.
10.Confidential Information.
Any software, documentation or technical information provided by Licensor (or its agents) shall be
deemed “Licensor Confidential Information” without
any marking or further designation. Except as expressly authorized herein, you will hold in confidence
and not use or disclose any Licensor Confidential Information. You acknowledge that disclosure of Licensor Confidential Information would cause substantial
harm to Licensor that could not be remedied by the
payment of damages alone and therefore that upon
any such disclosure by you, Licensor shall be entitled
to appropriate equitable relief in addition to whatever
remedies it might have at law.
11.Export Compliance
You acknowledge that the Software may be subject to
export restrictions by the United States government
and import restrictions by certain foreign governments. You shall not, and shall 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 Software or any direct product thereof: (a) into (or to a national or resident of) any embargoed or terroristsupporting country; (b) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S.
Treasury Department’s list of Specially Designated
Nationals; (c) 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 (d) otherwise
in violation of any export or import restrictions, laws
or regulations of any United States or foreign agency
or authority. You agree to the foregoing and warrant
that you are 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 Software is further 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.
12.General.
12.1.Assignment. This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. Licensor may assign this
Agreement to any affiliate or in connection with a
merger, reorganization, acquisition or other transfer
of all or substantially all of Licensor’s assets or voting
securities. You may not assign or transfer this Agreement, in whole or in part, without Licensor’s written
consent. Any attempt to transfer or assign this Agreement without such written consent will be null and
void.
12.2.Severability. If any provision of this Agreement
shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision
shall be limited to the minimum extent necessary so
that this Agreement shall otherwise remain in effect.
12.3.Governing Law; Jurisdiction and Venue.
• 12.3.1.Unless you obtained this Software in
Canada or the European Union, this Agreement
is governed by the laws of the State of California
and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the
International Sale of Goods. In such case the
jurisdiction and venue for actions related to the
subject matter hereof are the State of California
and United States federal courts located in Santa Clara County, California, and both parties
hereby submit to the personal jurisdiction of
such courts.
• 12.3.2.If you obtained this Software in Canada,
this Agreement is governed by the laws of the
Province of Ontario, Canada, excluding its rules
governing conflicts of laws and without regard to
the United Nations Convention on the International Sale of Goods. In such case jurisdiction
and venue for actions related to the subject matter hereof are the courts of the Judicial District
of York, Province of Ontario and both parties
hereby submit to the personal jurisdiction of
such courts.
• 12.3.3.If you obtained this Software in the European Union, this Agreement is governed by
the laws of The Netherlands, excluding its rules
governing conflicts of laws and without regard to
the United Nations Convention on the International Sale of Goods. In such case each jurisdiction and venue for actions related to the subject
matter hereof are the courts of The Hague, The
Netherlands and both parties hereby submit to
the personal jurisdiction of such courts.
12.4.Attorneys’ Fees and Costs. The prevailing party
in any action to enforce this Agreement will be entitled to recover its attorneys’ fees and costs in connection with such action.
12.5.Notices and Reports. Any notice or report hereunder shall be in writing. If to Licensor, such notice
or report shall be sent to Licensor at the address
above to the attention of “Legal Department”. If to
you, such notice or report shall be sent to the address
you provided upon placing your order. Notices and reports shall be deemed given: (a) upon receipt if by
personal delivery; (b) upon receipt if sent by certified
or registered U.S. mail (return receipt requested); or
(c) one day after it is sent if by next day delivery by a
major commercial delivery service.
12.6.Amendments; Waivers. No supplement, modification, or amendment of this Agreement shall be
binding, unless executed in writing by a duly authorized representative of each party to this Agreement.
No waiver will be implied from conduct or failure to
enforce or exercise rights under this Agreement, nor
will any waiver be effective unless in a writing signed
by a duly authorized representative on behalf of the
party claimed to have waived.
12.7.Entire Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels
all previous written and oral agreements and communications relating to the subject matter of this Agreement. No provision of any purchase order or in any
other business form employed by you will supersede
the terms and conditions of this Agreement, and any
such document issued by a party hereto relating to
this Agreement shall be for administrative purposes
only and shall have no legal effect. Notwithstanding
the foregoing, if you have entered into a separate
written license agreement signed by Licensor for use
of the Software, the terms and conditions of such
other agreement shall prevail over any conflicting
terms or conditions in this Agreement.
12.8.Independent Contractors. The parties to this
Agreement are independent contractors. There is no
relationship of partnership, joint venture, employment, franchise or agency created hereby between
the parties. Neither party will have the power to bind
the other or incur obligations on the other party’s behalf without the other party’s prior written consent.
12.9.Force Majeure. Neither party shall be liable to
the other for any delay or failure to perform any obligation under this Agreement (except for a failure to
pay fees) if the delay or failure is due to unforeseen
events, which occur after the signing of this Agreement and which are beyond the reasonable control of
the parties, such as strikes, blockade, war, terrorism,
riots, natural disasters, refusal of license by the government or other governmental agencies, in so far as
such an event prevents or delays the affected party
from fulfilling its obligations and such party is not
able to prevent or remove the force majeure at reasonable cost.
12.10.Government End-Users. The Software is commercial computer software. If the user or licensee of
the Software is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification,
disclosure, or transfer of the Software, 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 Software was developed fully at private expense.
All other use is prohibited.
12.11.Third-Party Software. If designated in the
Documentation, the Software may contain or be provided with certain Third-Party Software (including
software which may be made available to you in
source code form). Such Third-Party Software is not
licensed hereunder and is licensed pursuant to the
terms and conditions (“Third-Party License ”) indicated in the Documentation and/or on the Third-Party Software. Except as may be set forth in the ThirdParty License, neither Licensor nor Licensor Suppliers offer any warranty in connection with any ThirdParty Software and neither Licensor nor Licensor
Suppliers shall be liable to you for such Third-Party
Software.
If an executed agreement exists between you and Licensor at any time regarding the Software, the terms
of that agreement shall supersede the terms of this
Agreement in its entirety. Thus, if you enter into a
separate written agreement with Licensor regarding
the Software, that agreement (not this one) will control your use of the Software; and further if that
agreement is terminated, you will not have the right
to use the Software under the terms of this Agreement after termination. Notwithstanding the foregoing, pre-printed terms and conditions on your Order
form shall not supersede this Agreement.
Saving/Restoring Base and Rover Configurations .............................55
Saving a Configuration............................................................... 56
Making a Saved Configuration the Current Configuration ...............56
Setting the Base Position With FAST Survey....................................56
Known Base Position .................................................................57
Unknown Base Position ............................................................. 57
Using a background Map in FAST Survey ........................................57
Introduction to FAST Survey
FAST Survey is a software program intended for advanced
land surveying. FAST Survey can be used with the following
Spectra Precision GNSS receivers:
• ProMark 500, 700, 800
• ProMark 100, 120, 200, 220
• ProFlex 500, 800
• EPOCH 50
In its standard version, FAST Survey allows you to perform the
following types of surveys.
• Logging positions of points in the coordinate system used.
• Staking out points, straight lines and curves, with or
without offset, while providing the specific information
needed as you do that, including cut and fill information
(in 3D).
• Logging GNSS raw data (post-processed projects or as
backup to real-time RTK projects).
• Entering attributes, based on feature code lists, as you
store new points, in a way much similar to GIS mobile
software.
FAST Survey includes various tools to assist surveyors in their
projects. Some of these tools are listed below.
• Monitoring GNSS reception and current position status
• Writing notes to be appended to job files
• Creating and saving local coordinate systems through
localization
• Interfacing with total stations. FAST Survey can also
support different peripherals as inputs (lasers, depth
sounders) or outputs (light bars)
As software options, FAST Survey offers the following
functions:
• Set of COGO tools
• ROAD tools, including a map editor to prepare maps for
use as visual background information while surveying.
This editor operates in a way much similar to an AutoCad
editor.
This Getting Started Guide only deals with FAST Survey’s
basic functions. For more information on this program and its
software options, see the FAST Survey Reference Manual.
English
1
Installing FAST Survey
English
This section describes how to install FAST Survey from the
Spectra Precision web site.
FAST Survey can be installed on the following Spectra
Precision data collectors:
If Windows 7 or Windows Vista is used, you don’t normally
need to install an additional program on your computer.
However, if the installation of FAST Survey fails, you will have
first to install Windows Mobile Device Center and then
resume the installation of FAST Survey.
If Windows XP (or older OS version) is used on your computer,
you first need to install Microsoft Active Sync on your office
computer.
The latest versions of ActiveSync and Device Center can be
downloaded from http://www.microsoft.com/
In the procedure described below, the term “data collector”
is used to designate a “pure” data collector (i.e. without
embedded GNSS receptions capabilities) or a GNSS
handheld such as the ProMark 220 or the MM 10 data
collector).
Note that the ProMark 1x0 or ProMark 2x0 may be used:
• Either as standalone RTK equipment using an external
antenna and running FAST Survey (ProMark 220 typical
use).
• or as a simple data collector for other Spectra Precisions
receivers. In this case, the internal GNSS reception
capabilities are not used.
en-us/download/.
Installation
Procedure
• Download the latest version of FAST Survey to your
computer. This version is available from the Spectra
Precision website:
Choose the installation file (an “exe” file) corresponding
to the model of data collector you are using.
nect the data collector to your office computer using
Con
•
the USB data cable provided. For a ProMark 1x0 or
ProMark 2x0, place the receiver on its docking station and
connect the docking station to the computer through the
USB cable.
• Turn on the data collector.
• On your computer, run the “exe” file you have just
downloaded. This starts the FAST Survey Setup Wizard.
• Click Next>.
• Check on the I accept the terms in the License Agreement
option and then click Install.
• At the end of this phase, a message appears asking you to
check the data collector screen to see if additional steps
are needed to complete the installation.
• Click OK, then Finish to complete installation on computer
side.
• On the data collector, the installation phase has
automatically started. For a ProMark 1x0 or ProMark 220,
a message first appears asking you to choose the location
where to install FAST Survey (the default “Device” option
is recommended), then tap on Install to continue.
When the progress bar disappears from the screen, this
means installation is complete. The FAST Survey icon can
then be seen on the screen.
For a ProMark 1x0 or 2x0, a message indicates that
installation has been successful. Tap OK to go back to the
screen where the FAST Survey command line and icon are
now visible.
English
3
Registering as a FAST Survey User
English
The first time you start FAST Survey, you will be prompted to
register your license of the software. If you do not register,
FAST Survey will remain in demo mode, limiting each job file
to a maximum of 30 points.
FAST Survey registration is done via the Internet at the
following address:
http://www.survce.com/FASTSurvey
You will be asked to enter the following information:
• User Name
•Company Name
• Serial Number*
• Email Address
• Phone Number
• Fax Number
• Hardware ID#1*
• Hardware ID#2*
• Reason for Install
• Registration Code*
*: Select Equip>About Fast Survey>Change Registration in FAST
Survey to read this information.
After you submit this information, your change key will be
displayed and emailed to the address that you submit. Keep
this for your permanent records. You may then enter the
manufacturer and model of your equipment.
If you do not have access to the Internet, you may fax the
above information to (+1) 606-564-9525. Your registration
information will be faxed back to you within 48 hours. During
this time, you may continue to use the program without
restriction. After you receive your Change Key, enter it and tap
OK. You can then create a new FAST Survey job, as explained
further.
4
Creating a New FAST Survey Job
1. Turn on the data collector and wait until the boot
sequence is complete.
2. Make sure the clock is set properly before starting FAST
Survey.
3. Tap on “FAST Survey” on the Today screen to launch FAST
Survey.
4. Tap the Select New/Existing Job button. This opens the
Coordinate Files window.
5. Tap on the highlighted “crd” file name located at the
bottom of the screen. This opens FAST Survey’s virtual
keyboard with the file name now appearing above.
6. Using the keyboard, type in the name of the “crd” file in
which FAST Survey will store the data you will collect
during your job.
7. Tap . This takes you back to the Coordinate Files
window where your file name now appears in the Name
field.
8. Tap again. This opens the Job Settings window, which
consists of five different tabs on which you can set a large
number of parameters pertaining to the job (or future
jobs).
Only the main parameters are presented below. See FAST Survey Reference Manual for an exhaustive description of
all the parameters displayed in this window.
On the System tab:
– Distance: Choose the unit in which all measured
distances will be expressed (US Survey Feet, Metric or
International Feet). Unless “Metric” is selected, you
can also choose the units in which distances will be
displayed (“Decimal feet” or “Inches”). Warning! You
cannot change this setting after creating the file!
– Angle: Choose the unit in which all measured angles
will be expressed (degrees, minutes, seconds or grads)
– Zero Azimuth Setting: Choose the direction for which
azimuth is arbitrarily set to 0° (North or South)
– Projection: Choose a projection from the combo box. To
select a different projection, tap the Edit Projection List
button. The Add Predefined button allows you to select
an existing projection. The Add User Defined button
allows you to create an entirely new projection. The
English
5
English
selected or created projection will then be selectable
from the combo box.
On the Stake tab:
– Precision: Choose the number of decimal places (0 to
5) used to express the three coordinates of any
stakeout point. “0.000” (3 decimal places) is the best
setting to fully benefit from the precision offered by
your equipment.
On the Format tab:
– Coordinate Display Order: Choose the order in which you
want FAST Survey to display East and North
coordinates (East, North or North, East).
– Angle Entry and Display: Choose the type of angle FAST
Survey will display (Azimuth or Bearing).
9. Tap . This creates the file, closes the Job Settings
window and takes you to the FAST Survey menu.
6
How FAST Survey Interfaces With a GNSS Receiver Via
Bluetooth
First-Time UseRight after you start FAST Survey and create or open your first
job, FAST Survey will activate the previous connection to the
receiver, if that is possible.
Assuming a base and a rover are nearby and powered on,
follow the procedure below to perform a Bluetooth connection
with the base.
• Tap Equip>GPS Base.
•On the Current tab, select “Spectra Precision” from the
Manufacturer drop-down list, and choose your model from
the Model drop-down list.
• Tap on the Comms tab.
• Select “Bluetooth” from the Typ e drop-down list
and“Windows Mobile” from the Device drop-down list.
• Tap on . This opens the Bluetooth Devices window.
• Tap Find Receiver. Wait until FAST Survey lists the
Bluetooth identifiers of the base and rover. The list
appears in a new window.
• Highlight the Bluetooth identifier corresponding to the
base.
• Tap . This takes you back to the previous screen where
the selected Bluetooth identifier remains highlighted in
the list. The following actions may be performed on the
selected receiver using the following buttons:
• Set Receiver Name: By default, the “Receiver Bluetooth
Identifier” of the detected receiver is assigned to this
parameter. You may use a more self-explanatory name
to identify your base (e.g.: “MyBase”).
• Set Receiver PIN: Do not use this button. In its default
configuration, your equipment does not request a PIN
code to allow a peripheral device to connect to it via
Bluetooth.
• Delete Receiver: Removes the selected receiver from the
list of remote receivers detected by Bluetooth.
English
• Tap to connect the data collector to the base via
Bluetooth and then configure the base according to your
needs (see Configuring a Base on page 9).
• Later, you will establish a Bluetooth connection with the
rover. The process will start when you tap Equip>GPS Rover
7
English
Switching Between
Base and Rover
Subsequent UsesIn the next sessions of FAST Survey, the software will prompt
to configure the rover (see Configuring a Rover on
page 21). From the Comms tab, you will be able to access
the Bluetooth Devices window and select the rover
receiver from the list of remote receivers detected by
Bluetooth, in the same way as you did for the base.
During a FAST Survey session, you can quickly change the
receiver you are communicating with (provided the receiver
you want to communicate with is within Bluetooth range).
The icon located in the upper-right corner of the FAST
Survey window allows you to change receivers. Tap on this
icon and then:
• Select GPS Base to switch to the base,
• Or select GPS Rover to switch to the rover.
NOTE: If you examine more carefully this icon, you will see
that it changes aspect (base or rover icon) depending on
which receiver is currently communicating with FAST Survey.
In addition, on the Equip menu, a small check box appears in
the icon inside either the GPS Rover or GPS Base button to
indicate which connection is active.
you to re-activate the Bluetooth connection you last
established in the previous session, or simply work without a
connection. If you choose the first option, FAST Survey will
automatically re-establish the connection, provided the
concerned receiver is still on and within Bluetooth range.
8
Configuring a Base
The following Spectra Precision GNSS receivers may be used
as a base: ProMark 800, EPOCH 50, ProFlex 800 or
ProMark 220.
PrerequisitesFor ProMark 220:
• If you are using the internal GSM modem, insert the SIM
• If you are using an external radio, connect that radio to the
• Connect the external antenna to the receiver
• Power on the receiver, run FAST Survey and open a job
• Set the tracking mode using GNSS Toolbox. FAST Survey
card making possible the use of the modem.
receiver using a POGO cable (see Using an External Radiowith a ProMark 220 on page 53).
file.
will only be able to work from the signals selected with this
utility.
suming ProMark 220 is the currently selected type
As
–
of GNSS receiver in FAST Survey (Current tab),
running GNSS Toolbox from within FAST Survey is
simply done by selecting Equip > GPS Utilities > GNSSToolbox > GNSS Settings.
– Select the desired option from the Tracking mode drop-
down list. You can also set the elevation mask, enable
or disable the use of SBAS and QZSS and preset the
model of external antenna used.
– Then tap OK twice to return to the Equip menu.
English
For all other receivers:
• If you are using a GSM modem (whether internal or
external), insert the SIM card making possible the use of
the modem.
• If you are using an external radio transmitter, connect that
radio to the receiver and turn it on.
• Connect the external GNSS antenna (ProFlex 800).
• Power on the GNSS receiver and data collector.
• Run FAST Survey and open a job file.
9
English
Configuration
Steps
In FAST Survey, tap on the Equip tab and then on the GPS Base
button. A message may appear asking you to confirm your
choice of configuring a base. Tap Yes. This opens the Current
tab of the GPS Base window. You will have to go through four
different configuration tabs (only three for ProMark 220)
before the base is configured and made operational.
Legend used in all the tables below:
“•” (blue background): The parameter exists for the considered GNSS receiver
and needs to be set to some value.
<Blank>: The parameter does NOT exist for the considered receiver.
“NA” (Non Applicable): The parameter exists but is irrelevant to the
considered receiver.
<Any_Other_Text> (orange background): The parameter exists for the
considered receiver and the text tells you the value you should assign to the
parameter.
Current Tab
Use this tab to identify the GNSS receiver FAST Survey has
to configure as a base.
The button allows you to read the following information
from the receiver:
– Firmware version
– Receiver ID
– Power status
– Free memory space
– Firmware options installed.
FAST Survey will connect to the receiver via the currently set
connection to get this information.
Tap on to return to the Current tab.
Comms Tab
Use this tab to set the connection between the data collector
running FAST Survey and the GNSS receiver you intend to
configure as a base.
ProMark 220 being both a GNSS receiver and a data
collector, the connection between these two parts is managed
internally and automatically. That’s why the Comms tab does
not exist for this receiver.
For all other Spectra Precision receivers, you can choose
between a Bluetooth or cable connection, as explained below.
Bluetooth Connection:
• Select “Bluetooth” in the Typ e field. The Device field is
automatically set to “Windows Mobile”, which is the
option that should be used in all cases.
• Tap to access the Bluetooth driver.
• Tap Find Receiver to search for and list all the Bluetooth
devices located nearby. When it’s done, you should
recognize your GNSS receiver in the list.
• Select the receiver in the list and tap to activate the
Bluetooth connection with the receiver. This takes you
back to the Comms tab where the name of the connected
Bluetooth device now appears in the Instr field. More
information on Bluetooth is provided in How FAST SurveyInterfaces With a GNSS Receiver Via Bluetooth on page 7.
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Cable Connection:
• Select “Cable” in the Typ e field.
• Configure the serial line (baud rate, parity, data bits, stop
bits).
11
English
Receiver Tab
Use this tab to set the different operating parameters the
GNSS receiver will use as a base. The table below lists the
parameters you have to set on this tab (and sub-tabs),
depending on the GNSS receiver model you are using.
Measurement
Antenna Height
Elevation Mask
Enable Ports B, F
and Ethernet
Position Rate
Advanced:
Use SBAS
Use GLONASS
Use Galileo
Send file after configNA
NMEA output port
Configure NMEA
Message
More:
Use QZSS
Use GPS
Source Datum
Virtual Antenna
“Vertical”
only
Internal/
External
••••
•••
••••
••••
•
•••
•••
•••
•••
•••
•••
•••
•••
•••
NA
••
•
•
12
Additional Information is provided below for some of the
parameters listed above:
• NGS: With this option enabled, FAST Survey will correct
the antenna offset values to get an absolute offset. Keep
it disabled if relative offsets were used in some of the
measurements present in your job.
ition Rate: 1- or 2-Hz position output rate (irrelevant
Pos
•
to a base).
• Use GLONASS: Remember that activating the Use GLONASS
option in ProMark 220 will be effective only if you have
previously set the Tracking mode parameter in GNSS
Toolbox to “GPS L1+GLONASS L1” or “GPS/GLONASS
L1/L2”. As for the Use SBAS and Use QZSS options, only
the last setting made is effective, whether you do it from
GNSS Toolbox or from FAST Survey.
• Send file after config: You may have a number of additional
commands executed (proprietary commands of the
“$PASH” type) when later you tap on to configure the
receiver. These commands must have been saved to a text
file, for example to a file created using Equip > GPS Utility
> Send command. To select the file you want the receiver to
execute when being configured, tap on the blue button
and highlight the corresponding file name.
NMEA Output Port: You may ask the base to output one or
•
more NMEA messag
ZDA, GST: see screen example) on the specified output
port. Once you have defined the output port (common to
all NMEA messages), tap on the Configure button and
then, for each desired NMEA message, select its output
rate (in Hertz or seconds).
• Use QZSS: Enables/disables the use of the QZSS (QuasiZenith Satellite System) constellation covering Japan and
the Far East.
• Use GPS: Enables/disables the use of the GPS
constellation (enabled by default).
• Source Datum: If GPS is used, this is a read-only field
providing the name of the datum (i.e. “W84”) on which
position solutions are computed. If GLONASS is used and
GPS is not used, you have the choice of which datum to
use: either “W84” (GPS datum) or “PZ90.02” (GLONASS
datum).
Virtual Antenna:
•
Enabling the virtual antenna, which is defined as the
generic “ADVNULLANTENNA” GNSS antenna, allows all
collected data to be decorrelated from the GNSS antenna
actually used at signal reception level. This may be useful
if you wish to post-process the raw data collected with a
rover from anothermanufacturer with the raw data
collected with this base.
es (GGA, GLL, RMC, VTG, GSV, GSA,
This option is disabled by default.
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RTK Tab
Use this tab to define:
1. The type of device (“Device”) the GNSS receiver will use
to forward its corrections to users.
2. Possibly the network (“Network”) the base will rely upon to
deliver its corrections to users.
3. The type of corrections (“Message Type”) the GNSS
receiver will generate.
4. Optionally the Repeater mode for ProMark/ProFlex 800
receivers (Off or On).
13
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