Palm – Support - End User License Agreement

Palm – Support - End User License Agreement

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Palm End User License Agreement

Before downloading and using the software you have requested, please read the following. Using the software indicates that you agree to the terms set forth below. (Printable Version)
Software License Agreement CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY PALM, INC. ("PALM") TO YOU, THE ORIGINAL END USER, FOR YOUR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT ("LICENSE AGREEMENT"), DO NOT USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS. Software products included with this product that are not Palm products are licensed to you by the software provider. Refer to the license contained in the provider’s product for the terms of use before using such products. Additionally, such third party software included or available via a link may contain a variety of functions that may implement third party technologies for various industry standards. Implementations of other third party technology in accordance with such standards, or the standard enabled platforms, may require licenses from various entities. Such licenses are not provided by Palm and you should contact the provider of such software for more information. You solely are responsible for obtaining any such licenses and the licenses granted herein are conditioned on your obtaining such additional licenses. LICENSE: Palm grants you a limited, nonexclusive license to use the accompanying software program(s) (the "Software") subject to the terms and restrictions set forth in this License Agreement. You are not permitted to use the Software in any manner not expressly authorized by this License Agreement. You acknowledge and agree that ownership of the Software and all subsequent copies thereof regardless of the form or media are held by Palm or its suppliers. The Software is licensed for use on any Palm product and/or personal computer, provided that the Software is used only in connection with Palm products. You may reproduce and use one (1) copy of the "Desktop" portion of the Software for each personal computer or Palm product on which such Software is used. You may use the "Device" portion of the Software only on one (1) Palm product. Otherwise, the Software and supporting documentation may be copied only as essential for backup or archive purposes in support of your use of the Software. You must reproduce and include all copyright notices and any other proprietary rights notices appearing on the Software on any copies that you make. Except as set forth above, this License Agreement does not grant you any rights, whether by license, ownership or otherwise, in or to the Software. NO ASSIGNMENT; NO REVERSE ENGINEERING: You may transfer the Software to another party if such party accepts the terms and conditions of this License Agreement in writing. 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. 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 avail¬able 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. 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. U.S. GOVERNMENT RIGHTS: The Software licensed under this License Agreement is "commercial computer software" as the term is described in 48 C.F.R. 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this License Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 48 C.F.R. 12.211 (Technical Data) of the Federal Acquisition Regulations ("FAR") and its successors. If acquired by or on behalf of any agency within the Department of Defense ("DOD"), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this License Agreement as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement ("DFAR") and its successors. THIRD PARTY BENEFICIARY: You acknowledge and agree that PalmSource, Inc. is a direct and intended third party beneficiary of this License Agreement. GOVERNING LAW: This License Agreement shall be governed by the laws of the State of California and by the laws of the United States, excluding their conflicts of laws principles. 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. 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. ENTIRE AGREEMENT: This License Agreement and the accompanying Limited Warranty set forth the entire agreement between you and Palm, supersedes all prior agreements, whether written or oral, with respect to the Software, and may be amended only in a writing signed by both parties. Palm, Inc. 950 W. Maude Ave. Sunnyvale, California 94085 United States of America www.Palm.com July 14, 2005

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