Palm License

Palm License.txt (text/plain), 12.39 KB, created by Caleb Shay on 2003-03-14 18:30:10 UTC

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 PALMSOURCE, INC. ("PALMSOURCE"), 
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:  PalmSource 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 OS platform product, provided that the Software is used only in 
connection with your development of products for use with Palm OS 
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 OS 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 © 
1996-2002 PalmSource, 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 PalmSource upon written request.

EXPORT RESTRICTIONS: The Software supplied hereunder is subject 
to all pertinent import and export laws of the United States, including 
specifically the U.S. Export Administration Regulations ("EAR") and the 
laws of the country in which you obtained them.  You agree that you will 
be solely responsible for compliance with all such laws.   In 
particular, you agree that you will not export, re-export, or transfer,
directly or indirectly, to any person, firm or country on the Denied 
Persons List, Entity List, Debarred Parties or Specially Designated 
Nationals lists or to Afghanistan, Cuba, Iran, Iraq, Libya, North Korea,
Federal Republic of Yugoslavia (Serbia only), Sudan, or  Syria or any 
other country or entity designated by the U.S. Government as prohibited 
by U.S. law, or nationals thereof, and that you are not located in such 
a country or on such a list.  You agree that you will not transfer, 
export or re-export, directly or indirectly, for use or to users in 
military or proliferation activities (Nuclear, Missile, Chemical or 
Biological Weapons) without  U.S. Government authorization (by export 
license or regulation).  You agree that, upon request, you will provide 
additional end use/end user information or written acceptance of 
requirements and responsibilities to comply with U.S. export license 
requirements.  You agree to be bound by any future modifications of the 
foregoing list of restricted destinations by amendments to the EAR or 
other U.S. government regulations.  These requirements shall survive the 
term or termination of the Agreement.

TRADE SECRETS; TITLE:  You acknowledge and agree that the structure, 
sequence and organization of the Software are the valuable trade secrets
of PalmSource 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 PalmSource 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 PalmSource'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: PalmSource warrants the media containing the Software 
for a period of ninety (90) days from the date of original purchase from
PalmSource or its authorized retailer.  Proof of date of purchase will 
be required.  Any updates to the Software provided by PalmSource (which 
may be provided by PalmSource at its sole discretion) shall be governed 
by the terms of this License Agreement.  The sole obligation of 
PalmSource with respect to this express warranty shall be (at the 
discretion of PalmSource) to refund the purchase price paid by you for 
the Software on the defective media, or to replace the Software on new 
media.  Neither PalmSource nor its suppliers makes any 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 PalmSource Technical
Support within the applicable warranty period to obtain warranty service
authorization.  Dated proof of original purchase will be required.  
PalmSource is not responsible for your products or parts received 
without warranty service authorization.  

WARRANTIES EXCLUSIVE:   IF THE 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 PALMSOURCE 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.  PALMSOURCE 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.

PalmSource 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 PalmSource determines that there 
is no fault with the product itself.    

LIMITATION OF LIABILITY.   TO THE FULL EXTENT ALLOWED 
BY LAW PALMSOURCE 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 PALMSOURCE 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 PALMSOURCE.  THIS 
DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE 
AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF 
ITS ESSENTIAL PURPOSE.

TRADEMARKS:    You acknowledge that PalmSource and its affiliates are 
the sole owners of all trademark rights in the marks HotSync, Graffiti, 
iMessenger, MultiMail, Palm, Palm OS, PalmModem, Palm.net, PalmPoint, 
PalmConnect, PalmSource, Palm Powered and the Palm logos.  You agree to 
do nothing inconsistent with such ownership.  You will not use "Palm" as 
part of you company, product, service or domain names. You acknowledge 
that this Agreement does not grant any rights to use any of the 
foregoing trademarks or any other trademark of PalmSource or any of its 
affiliates, even if such marks are included in any of the materials 
provided by PalmSource.  You may, however, use the tagline "for Palm OS 
®" to indicate compatibility, or, after meeting Palm OS Developer 
Program membership and product testing requirements, use the Palm 
Powered Compatible Solution logo to indicate compatibility.

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 PalmSource, 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.  

PalmSource, Inc.
5470 Great America Parkway
Santa Clara, California 95052