229 lines
12 KiB
Plaintext
229 lines
12 KiB
Plaintext
IMPORTANT: Read Before Using The Accompanying Software
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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
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PALMSOURCE, INC. ("PALMSOURCE"), TO ITS CUSTOMERS FOR THEIR USE ONLY
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AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS
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OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. USING ANY PART OF THE
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SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.
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LICENSE: PalmSource grants you a nonexclusive, royalty-free license
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to use the accompanying software program(s) (the "Software") subject
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to the terms and restrictions set forth in this License Agreement.
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Except as explicitly set forth below, (i) you are not permitted to
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lease or rent (except under separate mutually agreeable terms set
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forth in writing and signed by both parties), distribute or sublicense
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the Software or to use the Software in a time-sharing arrangement or
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in any other unauthorized manner; (ii) no license is granted to you in
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the human readable code of the Software (source code); and (iii) this
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License Agreement does not grant you any rights to patents,
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copyrights, trade secrets, trademarks, or any other rights in respect
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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 OS platform product, provided that the Software is used only
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in connection with your development of products for use with Palm OS
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platform products. The Software contains certain sample source code
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in the form of example applications (including several conduits) and
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code fragments (both in the source code files and documentation
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provided hereunder), and may include a tutorial application
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(collectively, "Sample Source Code"). You may use the Sample Source
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Code internally to develop products for Palm OS platform products.
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You may distribute any such products built with the Sample Source
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Code, provided that you include the following copyright notice within
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your source code and in the location of your own copyright notice:
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"Portions copyright © 1996-2003 PalmSource, Inc. or its subsidiaries.
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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
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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 Union("EU") 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 EU Directive on the Legal Protection of Computer
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Programs is available to you from PalmSource upon written request.
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EXPORT RESTRICTIONS: The Software supplied hereunder is subject
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to all pertinent import and export laws of the United States,
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including specifically the U.S. Export Administration Regulations
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("EAR") and the laws of the country in which you obtained them. You
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agree that you will be solely responsible for compliance with all such
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laws. In particular, you agree that you will not export, re-export,
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or transfer,directly or indirectly, to any person, firm or country on
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the Denied Persons List, Entity List, Debarred Parties or Specially
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Designated Nationals lists or to Afghanistan, Cuba, Iran, Iraq, Libya,
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North Korea, Federal Republic of Yugoslavia (Serbia only), Sudan, or
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Syria or any other country or entity designated by the U.S. Government
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as prohibited by U.S. law, or nationals thereof, and that you are not
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located in such a country or on such a list. You agree that you will
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not transfer, export or re-export, directly or indirectly, for use or
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to users in military or proliferation activities (Nuclear, Missile,
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Chemical or Biological Weapons) without U.S. Government authorization
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(by export license or regulation). You agree that, upon request, you
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will provide additional end use/end user information or written
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acceptance of requirements and responsibilities to comply with U.S.
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export license requirements. You agree to be bound by any future
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modifications of the foregoing list of restricted destinations by
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amendments to the EAR or other U.S. government regulations. These
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requirements shall survive the term or termination of the Agreement.
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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 PalmSource 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 PalmSource 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 PalmSource's standard commercial license for the
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Software. Technical data is provided with limited rights only as
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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
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of the State of California as such laws are applied to agreements
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entered into and to be performed entirely within California between
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California residents and by the laws of the United States. You agree
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that the United Nations Convention on Contracts for the International
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Sale of Goods (1980) is hereby excluded in its entirety from
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application
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to this License Agreement.
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LIMITED WARRANTY: PalmSource warrants the media containing the
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Software for a period of ninety (90) days from the date of original
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purchase from PalmSource or its authorized retailer. Proof of date of
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purchase will be required. Any updates to the Software provided by
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PalmSource (which may be provided by PalmSource at its sole
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discretion) shall be governed by the terms of this License Agreement.
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The sole obligation of PalmSource with respect to this express
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warranty shall be (at the discretion of PalmSource) to refund the
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purchase price paid by you for the Software on the defective media, or
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to replace the Software on new media. Neither PalmSource nor its
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suppliers makes any warranty or representation that its software
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products will meet your requirements or will work in combination with
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any hardware or applications software products provided by third
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parties, that the operation of the software products will be
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uninterrupted or error free, or that all defects in the
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Software will be corrected.
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OBTAINING WARRANTY SERVICE: You must contact PalmSource Technical
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Support within the applicable warranty period to obtain warranty
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service authorization. Dated proof of original purchase will be
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required. PalmSource is not responsible for your products or parts
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received without warranty service authorization.
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WARRANTIES EXCLUSIVE: IF THE 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 PALMSOURCE 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. PALMSOURCE 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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PalmSource shall not be liable under this warranty if its testing and
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examination disclose that the alleged defect in the product does not
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exist or was caused by your or any third person's misuse, neglect,
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improper installation or testing, unauthorized attempts to repair or
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modify, or any other cause beyond the range of the intended use, or by
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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
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ancillary or peripheral equipment and PalmSource determines that there
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is no fault with the product itself.
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LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED
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BY LAW PALMSOURCE ALSO EXCLUDES FOR ITSELF AND ITS SUPPLIERS
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ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT
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(INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL,
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INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR
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FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF
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INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING
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OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION,
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MAINTENANCE, USE, PERFORMANCE, FAILURE, OR
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INTERRUPTION OF THIS PRODUCT, EVEN IF PALMSOURCE OR ITS
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AUTHORIZED RESELLER HAS BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO
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REPLACEMENT OF THE SOFTWARE ON NEW MEDIA, OR REFUND
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OF THE PURCHASE PRICE PAID, AT THE OPTION OF PALMSOURCE. THIS
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DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE
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AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF
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ITS ESSENTIAL PURPOSE.
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TRADEMARKS: You acknowledge that PalmSource and its affiliates are
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the sole owners of all trademark rights in the marks HotSync,
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Graffiti, iMessenger, MultiMail, Palm, Palm OS, PalmModem, Palm.net,
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PalmPoint, PalmConnect, PalmSource, Palm Powered and the Palm logos.
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You agree to do nothing inconsistent with such ownership. You will
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not use "Palm" as part of you company, product, service or domain
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names. You acknowledge that this Agreement does not grant any rights
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to use any of the foregoing trademarks or any other trademark of
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PalmSource or any of its affiliates, even if such marks are included
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in any of the materials provided by PalmSource. You may, however, use
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the tagline "for Palm OS ®" to indicate compatibility, or, after
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meeting Palm OS Developer Program membership and product testing
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requirements, use the Palm
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Powered Compatible Solution logo to indicate compatibility.
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SEVERABILITY: In the event any provision of this License Agreement is
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found to be invalid, illegal or unenforceable, the validity, legality
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and enforceability of any of the remaining provisions shall not in any
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way be affected or impaired and a valid, legal and enforceable
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provision
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of similar intent and economic impact shall be substituted therefor.
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The
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headings used in this Agreement are for convenience only and shall not
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be considered part of the Agreement.
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ENTIRE AGREEMENT: This License Agreement sets forth the entire
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understanding and agreement between you and PalmSource, supersedes all
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prior agreements, whether written or oral, with respect to the
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Software
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and subject matter hereof, and may be amended only in a writing signed
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by both parties.
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PalmSource, Inc.
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1240 Crossman Avenue
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Sunnyvale, CA 94089
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