378 lines
20 KiB
Text
378 lines
20 KiB
Text
There are two licenses in this file, depending on which version of the
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SDK you want to use. The first one applies for version 1, 2, and 3.1
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SDKs, the second one for the 3.5 SDK.
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First license (SDK 1, 2, and 3.1):
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===begin IMPORTANT: Read Before Using The Accompanying Software
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3COM PALM OS SOFTWARE DEVELOPMENT KIT SOFTWARE LICENSE AGREEMENT
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YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE
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USING THE ACCOMPANYING SOFTWARE, THE USE OF WHICH IS LICENSED BY PALM
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COMPUTING, INC., A SUBSIDIARY OF 3COM CORPORATION (COLLECTIVELY,
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"3COM"), TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF
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YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT
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USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU
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ACCEPT THESE TERMS.
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LICENSE: 3Com grants you a nonexclusive, royalty-free license to use
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the accompanying software program(s) (the "Software") subject to the
|
|
terms and restrictions set forth in this License Agreement. Except as
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|
explicitly set forth below, (i) you are not permitted to lease or rent
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|
(except under separate mutually agreeable terms set forth in writing
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|
and signed by both parties), distribute or sublicense the Software or
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|
to use the Software in a time-sharing arrangement or in any other
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unauthorized manner; (ii) no license is granted to you in the human
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|
readable code of the Software (source code); and (iii) this License
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Agreement does not grant you any rights to patents, copyrights, trade
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secrets, trademarks, or any other rights in respect to the Software.
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The Software is licensed to be used on any personal computer and/or
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any Palm Computing platform product, provided that the Software is
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used only in connection with your development of products for use with
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Palm Computing platform products. The Software contains certain
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|
sample source code in the form of example applications (including
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several conduits) and code fragments (both in the source code files
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and documentation provided hereunder), and may include a tutorial
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application (collectively, "Sample Source Code"). You may use the
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Sample Source Code internally to develop products for Palm Computing
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platform products. You may distribute any such products built with
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the Sample Source Code, provided that you include the following
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copyright notice within your source code and in the location of your
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own copyright notice: "Portions copyright c 1998 3Com Corporation or
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its subsidiaries. All rights reserved."
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Notwithstanding anything else in this License Agreement, you may not
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distribute the conduit development kit header files included as part
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of the Software to anyone for any reason.
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Except as described above, the Software and supporting documentation
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may be copied only as essential for backup or archive purposes in
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support of your use of the Software as permitted hereunder. You must
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reproduce and include all copyright notices and any other proprietary
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|
rights notices appearing on the Software on any copies that you make.
|
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NO ASSIGNMENT; NO REVERSE ENGINEERING: You may transfer the Software
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and this License Agreement to another party if the other party agrees
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in writing to accept the terms and conditions of this License
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|
Agreement. If you transfer the Software, you must at the same time
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either transfer all copies of the Software as well as the supporting
|
|
documentation to the same party or destroy any such materials not
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transferred. Except as set forth above, you may not transfer or
|
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assign the Software or your rights under this License Agreement.
|
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Modification, reverse engineering, reverse compiling, or disassembly
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of the Software is expressly prohibited. However, if you are a
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European Community ("EC") resident, information necessary to achieve
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interoperability of the Software with other programs within the
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meaning of the EC Directive on the Legal Protection of Computer
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Programs is available to you from 3Com upon written request.
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EXPORT RESTRICTIONS: You agree that you will not export or re-export
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the Software or accompanying documentation (or any copies thereof) or
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any products utilizing the Software or such documentation in violation
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of any applicable laws or regulations of the United States or the
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country in which you obtained them.
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TRADE SECRETS; TITLE: You acknowledge and agree that the structure,
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sequence and organization of the Software are the valuable trade
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secrets of 3Com and its suppliers. You agree to hold such trade
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secrets in confidence. You further acknowledge and agree that
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ownership of, and title to, the Software and all subsequent copies
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thereof regardless of the form or media are held by 3Com and its
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|
suppliers.
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UNITED STATES GOVERNMENT LEGEND: The Software is commercial in nature
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and developed solely at private expense. The Software is delivered as
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"Commercial Computer Software" as defined in DFARS 252.227-7014 (June
|
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1995) or as a commercial item as defined in FAR 2.101(a) and as such
|
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is provided with only such rights as are provided in this License
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|
Agreement, which is 3Com's standard commercial license for the
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Software. Technical data is provided with limited rights only as
|
|
provided in DFAR 252.227-7015 (Nov. 1995) or FAR 52.227-14 (June
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1987), whichever is applicable.
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TERM AND TERMINATION: This License Agreement is effective until
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terminated. You may terminate it at any time by destroying the
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Software and documentation together with all copies and merged
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|
portions in any form. It will also terminate immediately if you fail
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to comply with any term or condition of this License Agreement. Upon
|
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such termination you agree to destroy the Software and documentation,
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|
together with all copies and merged portions in any form.
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GOVERNING LAW: This License Agreement shall be governed by the laws of
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the State of California as such laws are applied to agreements entered
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into and to be performed entirely within California between California
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residents and by the laws of the United States. You agree that the
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United Nations Convention on Contracts for the International Sale of
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Goods (1980) is hereby excluded in its entirety from application to
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this License Agreement.
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LIMITED WARRANTY: 3Com warrants the media containing the Software for
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a period of ninety (90) days from the date of original purchase from
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3Com or its authorized retailer. Proof of date of purchase will be
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required. Any updates to the Software provided by 3Com (which may be
|
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provided by 3Com at its sole discretion) shall be governed by the
|
|
terms of this License Agreement. The sole obligation of 3Com with
|
|
respect to this express warranty shall be (at the discretion of 3Com)
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to refund the purchase price paid by you for the Software on the
|
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defective media, or to replace the Software on new media. 3Com makes
|
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no warranty or representation that its software products will meet
|
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your requirements or will work in combination with any hardware or
|
|
applications software products provided by third parties, that the
|
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operation of the software products will be uninterrupted or error
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free, or that all defects in the Software will be corrected.
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OBTAINING WARRANTY SERVICE: You must contact 3Com's Palm Computing,
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Inc. Customer Service within the applicable warranty period to obtain
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warranty service authorization. Dated proof of original purchase will
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be required. 3Com is not responsible for your products or parts
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received without warranty service authorization.
|
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WARRANTIES EXCLUSIVE: IF TH SOFTWARE MEDIA DOES NOT OPERATE AS
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WARRANTED ABOVE, YOUR SOLE REMEDY FOR BREACH OF THAT WARRANTY SHALL BE
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REPLACEMENT OF THE SOFTWARE ON NEW MEDIA OR REFUND OF THE PURCHASE
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PRICE PAID, AT THE OPTION OF 3COM AND DEPENDENT UPON PRIOR
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AUTHORIZATION. TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING
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WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER
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WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT
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OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES,
|
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TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
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|
PURPOSE, AND SATISFACTORY QUALITY. 3COM NEITHER ASSUMES NOR
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AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN
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CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF ITS
|
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PRODUCTS.
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3Com shall not be liable under this warranty if its testing and
|
|
examination disclose that the alleged defect in the product does not
|
|
exist or was caused by your or any third person's misuse, neglect,
|
|
improper installation or testing, unauthorized attempts to repair or
|
|
modify, or any other cause beyond the range of the intended use, or by
|
|
accident, fire, lightning, or other hazards or acts of God. This
|
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warranty does not apply when the malfunction results from the use of
|
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this product in conjunction with accessories, other products, or
|
|
ancillary or peripheral equipment and 3Com determines that there is no
|
|
fault with the product itself.
|
|
|
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LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY LAW 3COM ALSO
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EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN
|
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CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL,
|
|
CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR
|
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FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION
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OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH
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THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR
|
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INTERRUPTION OF THIS PRODUCT, EVEN IF 3COM OR ITS AUTHORIZED RESELLER
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|
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS
|
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LIABILITY TO REPLACEMENT OF THE SOFTWARE ON NEW MEDIA, OR REFUND OF
|
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THE PURCHASE PRICE PAID, AT THE OPTION OF 3COM. THIS DISCLAIMER OF
|
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LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED
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HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE. SEVERABILITY: In the
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event any provision of this License Agreement is found to be invalid,
|
|
illegal or unenforceable, the validity, legality and enforceability of
|
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any of the remaining provisions shall not in any way be affected or
|
|
impaired and a valid, legal and enforceable provision of similar
|
|
intent and economic impact shall be substituted therefor. The headings
|
|
used in this Agreement are for convenience only and shall not be
|
|
considered part of the Agreement.
|
|
|
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ENTIRE AGREEMENT: This License Agreement sets forth the entire
|
|
understanding and agreement between you and 3Com, supersedes all prior
|
|
agreements, whether written or oral, with respect to the Software and
|
|
subject matter hereof, and may be amended only in a writing signed by
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both parties.
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Palm Computing, Inc., a subsidiary of 3Com Corporation 1565 Charleston
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Road Mountain View, California 94043 (650) 237-6000
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===end
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Second license (for SDK 3.5):
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|
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===begin
|
|
IMPORTANT: Read Before Using The Accompanying Software
|
|
|
|
|
|
PALM OS SOFTWARE DEVELOPMENT KIT SOFTWARE LICENSE AGREEMENT
|
|
|
|
|
|
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE
|
|
USING THE ACCOMPANYING SOFTWARE, THE USE OF WHICH IS LICENSED BY PALM,
|
|
INC.("PALM"), TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW.
|
|
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO
|
|
NOT USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT
|
|
YOU ACCEPT THESE TERMS.
|
|
|
|
LICENSE: Palm grants you a nonexclusive, royalty-free license to use
|
|
the accompanying software program(s) (the "Software") subject to the
|
|
terms and restrictions set forth in this License Agreement. Except as
|
|
explicitly set forth below, (i) you are not permitted to lease or rent
|
|
(except under separate mutually agreeable terms set forth in writing
|
|
and signed by both parties), distribute or sublicense the Software or
|
|
to use the Software in a time-sharing arrangement or in any other
|
|
unauthorized manner; (ii) no license is granted to you in the human
|
|
readable code of the Software (source code); and (iii) this License
|
|
Agreement does not grant you any rights to patents, copyrights, trade
|
|
secrets, trademarks, or any other rights in respect to the Software.
|
|
|
|
The Software is licensed to be used on any personal computer and/or
|
|
any Palm Computing platform product, provided that the Software is
|
|
used only in connection with your development of products for use with
|
|
Palm Computing platform products. The Software contains certain
|
|
sample source code in the form of example applications (including
|
|
several conduits) and code fragments (both in the source code files
|
|
and documentation provided hereunder), and may include a tutorial
|
|
application (collectively, "Sample Source Code"). You may use the
|
|
Sample Source Code internally to develop products for Palm Computing
|
|
platform products. You may distribute any such products built with
|
|
the Sample Source Code, provided that you include the following
|
|
copyright notice within your source code and in the location of your
|
|
own copyright notice: "Portions copyright (c) 2000 Palm, Inc. or its
|
|
subsidiaries. All rights reserved."
|
|
|
|
Notwithstanding anything else in this License Agreement, you may not
|
|
distribute the conduit development kit header files included as part
|
|
of the Software to anyone for any reason.
|
|
|
|
Except as described above, the Software and supporting documentation
|
|
may be copied only as essential for backup or archive purposes in
|
|
support of your use of the Software as permitted hereunder. You must
|
|
reproduce and include all copyright notices and any other proprietary
|
|
rights notices appearing on the Software on any copies that you make.
|
|
|
|
NO ASSIGNMENT; NO REVERSE ENGINEERING: You may transfer the Software
|
|
and this License Agreement to another party if the other party agrees
|
|
in writing to accept the terms and conditions of this License
|
|
Agreement. If you transfer the Software, you must at the same time
|
|
either transfer all copies of the Software as well as the supporting
|
|
documentation to the same party or destroy any such materials not
|
|
transferred. Except as set forth above, you may not transfer or
|
|
assign the Software or your rights under this License Agreement.
|
|
|
|
Modification, reverse engineering, reverse compiling, or disassembly
|
|
of the Software is expressly prohibited. However, if you are a
|
|
European Union ("EU") resident, information necessary to achieve
|
|
interoperability of the Software with other programs within the
|
|
meaning of the EU Directive on the Legal Protection of Computer
|
|
Programs is available to you from Palm upon written request.
|
|
|
|
EXPORT RESTRICTIONS: You agree that you will not export or re-export
|
|
the Software or accompanying documentation (or any copies thereof) or
|
|
any products utilizing the Software or such documentation in violation
|
|
of any applicable laws or regulations of the United States or the
|
|
country in which you obtained them.
|
|
|
|
TRADE SECRETS; TITLE: You acknowledge and agree that the structure,
|
|
sequence and organization of the Software are the valuable trade
|
|
secrets of Palm and its suppliers. You agree to hold such trade
|
|
secrets in confidence. You further acknowledge and agree that
|
|
ownership of, and title to, the Software and all subsequent copies
|
|
thereof regardless of the form or media are held by Palm and its
|
|
suppliers.
|
|
|
|
UNITED STATES GOVERNMENT LEGEND: The Software is commercial in nature
|
|
and developed solely at private expense. The Software is delivered as
|
|
"Commercial Computer Software" as defined in DFARS 252.227-7014 (June
|
|
1995) or as a commercial item as defined in FAR 2.101(a) and as such
|
|
is provided with only such rights as are provided in this License
|
|
Agreement, which is Palm's standard commercial license for the
|
|
Software. Technical data is provided with limited rights only as
|
|
provided in DFAR 252.227-7015 (Nov. 1995) or FAR 52.227-14 (June
|
|
1987), whichever is applicable.
|
|
|
|
TERM AND TERMINATION: This License Agreement is effective until
|
|
terminated. You may terminate it at any time by destroying the
|
|
Software and documentation together with all copies and merged
|
|
portions in any form.
|
|
It will also terminate immediately if you fail to comply with any
|
|
term or condition of this License Agreement. Upon such termination
|
|
you agree to destroy the Software and documentation, together with all
|
|
copies and merged portions in any form.
|
|
|
|
GOVERNING LAW: This License Agreement shall be governed by the laws of
|
|
the State of California as such laws are applied to agreements entered
|
|
into and to be performed entirely within California between California
|
|
residents and by the laws of the United States. You agree that the
|
|
United Nations Convention on Contracts for the International Sale of
|
|
Goods (1980) is hereby excluded in its entirety from application to
|
|
this License Agreement.
|
|
|
|
LIMITED WARRANTY: Palm warrants the media containing the Software for
|
|
a period of ninety (90) days from the date of original purchase from
|
|
Palm or its authorized retailer. Proof of date of purchase will be
|
|
required. Any updates to the Software provided by Palm (which may be
|
|
provided by Palm at its sole discretion) shall be governed by the
|
|
terms of this License Agreement. The sole obligation of Palm with
|
|
respect to this express warranty shall be (at the discretion of Palm)
|
|
to refund the purchase price paid by you for the Software on the
|
|
defective media, or to replace the Software on new media. Palm makes
|
|
no warranty or representation that its software products will meet
|
|
your requirements or will work in combination with any hardware or
|
|
applications software products provided by third parties, that the
|
|
operation of the software products will be uninterrupted or error
|
|
free, or that all defects in the Software will be corrected.
|
|
|
|
OBTAINING WARRANTY SERVICE: You must contact Palm's Customer Service
|
|
within the applicable warranty period to obtain warranty service
|
|
authorization. Dated proof of original purchase will be required.
|
|
Palm is not responsible for your products or parts received without
|
|
warranty service authorization.
|
|
|
|
WARRANTIES EXCLUSIVE: IF TH SOFTWARE MEDIA DOES NOT OPERATE AS
|
|
WARRANTED ABOVE, YOUR SOLE REMEDY FOR BREACH OF THAT WARRANTY SHALL BE
|
|
REPLACEMENT OF THE SOFTWARE ON NEW MEDIA OR REFUND OF THE PURCHASE
|
|
PRICE PAID, AT THE OPTION OF PALM AND DEPENDENT UPON PRIOR
|
|
AUTHORIZATION. TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING
|
|
WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER
|
|
WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT
|
|
OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES,
|
|
TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
|
|
PURPOSE, AND SATISFACTORY QUALITY. PALM NEITHER ASSUMES NOR
|
|
AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN
|
|
CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF ITS
|
|
PRODUCTS.
|
|
|
|
Palm shall not be liable under this warranty if its testing and
|
|
examination disclose that the alleged defect in the product does not
|
|
exist or was caused by your or any third person's misuse, neglect,
|
|
improper installation or testing, unauthorized attempts to repair or
|
|
modify, or any other cause beyond the range of the intended use, or by
|
|
accident, fire, lightning, or other hazards or acts of God. This
|
|
warranty does not apply when the malfunction results from the use of
|
|
this product in conjunction with accessories, other products, or
|
|
ancillary or peripheral equipment and Palm determines that there is no
|
|
fault with the product itself.
|
|
|
|
LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY LAW PALM ALSO
|
|
EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN
|
|
CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL,
|
|
CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR
|
|
FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION
|
|
OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH
|
|
THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR
|
|
INTERRUPTION OF THIS PRODUCT, EVEN IF PALM OR ITS AUTHORIZED RESELLER
|
|
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS
|
|
LIABILITY TO REPLACEMENT OF THE SOFTWARE ON NEW MEDIA, OR REFUND OF
|
|
THE PURCHASE PRICE PAID, AT THE OPTION OF PALM. THIS DISCLAIMER OF
|
|
LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED
|
|
HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE. SEVERABILITY: In the event
|
|
any provision of this License Agreement is found to be invalid,
|
|
illegal or unenforceable, the validity, legality and enforceability of
|
|
any of the remaining provisions shall not in any way be affected or
|
|
impaired and a valid, legal and enforceable provision of similar
|
|
intent and economic impact shall be substituted therefor. The headings
|
|
used in this Agreement are for convenience only and shall not be
|
|
considered part of the Agreement.
|
|
|
|
ENTIRE AGREEMENT: This License Agreement sets forth the entire
|
|
understanding and agreement between you and Palm, supersedes all prior
|
|
agreements, whether written or oral, with respect to the Software and
|
|
subject matter hereof, and may be amended only in a writing signed by
|
|
both parties.
|
|
|
|
Palm, Inc. 5470 Great America Parkway Santa Clara, California 95052
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|
(408) 326-9000
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|
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===end
|