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remove unused Palm-SDK license

1 IMPORTANT: Read Before Using The Accompanying Software
2
3 PALM OS® SOFTWARE DEVELOPMENT KIT SOFTWARE LICENSE AGREEMENT
4
5
6 YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE
7 USING THE ACCOMPANYING SOFTWARE, THE USE OF WHICH IS LICENSED BY
8 PALMSOURCE, INC. ("PALMSOURCE"), TO ITS CUSTOMERS FOR THEIR USE ONLY
9 AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS
10 OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. USING ANY PART OF THE
11 SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.
12
13 LICENSE: PalmSource grants you a nonexclusive, royalty-free license
14 to use the accompanying software program(s) (the "Software") subject
15 to the terms and restrictions set forth in this License Agreement.
16 Except as explicitly set forth below, (i) you are not permitted to
17 lease or rent (except under separate mutually agreeable terms set
18 forth in writing and signed by both parties), distribute or sublicense
19 the Software or to use the Software in a time-sharing arrangement or
20 in any other unauthorized manner; (ii) no license is granted to you in
21 the human readable code of the Software (source code); and (iii) this
22 License Agreement does not grant you any rights to patents,
23 copyrights, trade secrets, trademarks, or any other rights in respect
24 to the Software.
25
26
27 The Software is licensed to be used on any personal computer and/or
28 any Palm OS platform product, provided that the Software is used only
29 in connection with your development of products for use with Palm OS
30 platform products. The Software contains certain sample source code
31 in the form of example applications (including several conduits) and
32 code fragments (both in the source code files and documentation
33 provided hereunder), and may include a tutorial application
34 (collectively, "Sample Source Code"). You may use the Sample Source
35 Code internally to develop products for Palm OS platform products.
36 You may distribute any such products built with the Sample Source
37 Code, provided that you include the following copyright notice within
38 your source code and in the location of your own copyright notice:
39 "Portions copyright © 1996-2003 PalmSource, Inc. or its subsidiaries.
40 All rights reserved."
41
42 Notwithstanding anything else in this License Agreement, you may not
43 distribute the conduit development kit header files included as part
44 of the Software to anyone for any reason.
45
46 Except as described above, the Software and supporting documentation
47 may be copied only as essential for backup or archive purposes in
48 support of your use of the Software as permitted hereunder. You must
49 reproduce and include all copyright notices and any other proprietary
50 rights notices appearing on the Software on any copies that you make.
51
52 NO ASSIGNMENT; NO REVERSE ENGINEERING: You may transfer the Software
53 and this License Agreement to another party if the other party agrees
54 in writing to accept the terms and conditions of this License
55 Agreement. If you transfer the Software, you must at the same time
56 either transfer all copies of the Software as well as the supporting
57 documentation to the same party or destroy any such materials not
58 transferred. Except as set forth above, you may not transfer or
59 assign the Software or your rights under this License Agreement.
60
61 Modification, reverse engineering, reverse compiling, or disassembly
62 of the Software is expressly prohibited. However, if you are a
63 European Union("EU") resident, information necessary to achieve
64 interoperability of the Software with other programs within the
65 meaning of the EU Directive on the Legal Protection of Computer
66 Programs is available to you from PalmSource upon written request.
67
68 EXPORT RESTRICTIONS: The Software supplied hereunder is subject
69 to all pertinent import and export laws of the United States,
70 including specifically the U.S. Export Administration Regulations
71 ("EAR") and the laws of the country in which you obtained them. You
72 agree that you will be solely responsible for compliance with all such
73 laws. In particular, you agree that you will not export, re-export,
74 or transfer,directly or indirectly, to any person, firm or country on
75 the Denied Persons List, Entity List, Debarred Parties or Specially
76 Designated Nationals lists or to Afghanistan, Cuba, Iran, Iraq, Libya,
77 North Korea, Federal Republic of Yugoslavia (Serbia only), Sudan, or
78 Syria or any other country or entity designated by the U.S. Government
79 as prohibited by U.S. law, or nationals thereof, and that you are not
80 located in such a country or on such a list. You agree that you will
81 not transfer, export or re-export, directly or indirectly, for use or
82 to users in military or proliferation activities (Nuclear, Missile,
83 Chemical or Biological Weapons) without U.S. Government authorization
84 (by export license or regulation). You agree that, upon request, you
85 will provide additional end use/end user information or written
86 acceptance of requirements and responsibilities to comply with U.S.
87 export license requirements. You agree to be bound by any future
88 modifications of the foregoing list of restricted destinations by
89 amendments to the EAR or other U.S. government regulations. These
90 requirements shall survive the term or termination of the Agreement.
91
92 TRADE SECRETS; TITLE: You acknowledge and agree that the structure,
93 sequence and organization of the Software are the valuable trade
94 secrets of PalmSource and its suppliers. You agree to hold such trade
95 secrets in confidence. You further acknowledge and agree that
96 ownership of, and title to, the Software and all subsequent copies
97 thereof regardless of the form or media are held by PalmSource and its
98 suppliers.
99
100 UNITED STATES GOVERNMENT LEGEND: The Software is commercial in nature
101 and developed solely at private expense. The Software is delivered as
102 "Commercial Computer Software" as defined in DFARS 252.227-7014 (June
103 1995) or as a commercial item as defined in FAR 2.101(a) and as such
104 is provided with only such rights as are provided in this License
105 agreement, which is PalmSource's standard commercial license for the
106 Software. Technical data is provided with limited rights only as
107 provided in DFAR 252.227-7015 (Nov. 1995) or FAR 52.227-14 (June
108 1987), whichever is applicable.
109
110 TERM AND TERMINATION: This License Agreement is effective until
111 terminated. You may terminate it at any time by destroying the
112 Software and documentation together with all copies and merged
113 portions in any form. It will also terminate immediately if you fail
114 to comply with any term or condition of this License Agreement. Upon
115 such termination you agree to destroy the Software and documentation,
116 together with all copies and merged portions in any form.
117
118 GOVERNING LAW: This License Agreement shall be governed by the laws
119 of the State of California as such laws are applied to agreements
120 entered into and to be performed entirely within California between
121 California residents and by the laws of the United States. You agree
122 that the United Nations Convention on Contracts for the International
123 Sale of Goods (1980) is hereby excluded in its entirety from
124 application
125 to this License Agreement.
126
127 LIMITED WARRANTY: PalmSource warrants the media containing the
128 Software for a period of ninety (90) days from the date of original
129 purchase from PalmSource or its authorized retailer. Proof of date of
130 purchase will be required. Any updates to the Software provided by
131 PalmSource (which may be provided by PalmSource at its sole
132 discretion) shall be governed by the terms of this License Agreement.
133 The sole obligation of PalmSource with respect to this express
134 warranty shall be (at the discretion of PalmSource) to refund the
135 purchase price paid by you for the Software on the defective media, or
136 to replace the Software on new media. Neither PalmSource nor its
137 suppliers makes any warranty or representation that its software
138 products will meet your requirements or will work in combination with
139 any hardware or applications software products provided by third
140 parties, that the operation of the software products will be
141 uninterrupted or error free, or that all defects in the
142 Software will be corrected.
143
144 OBTAINING WARRANTY SERVICE: You must contact PalmSource Technical
145 Support within the applicable warranty period to obtain warranty
146 service authorization. Dated proof of original purchase will be
147 required. PalmSource is not responsible for your products or parts
148 received without warranty service authorization.
149
150 WARRANTIES EXCLUSIVE: IF THE SOFTWARE MEDIA DOES NOT OPERATE AS
151 WARRANTED ABOVE, YOUR SOLE REMEDY FOR BREACH OF THAT WARRANTY SHALL BE
152 REPLACEMENT OF THE SOFTWARE ON NEW MEDIA OR REFUND OF THE PURCHASE
153 PRICE PAID, AT THE OPTION OF PALMSOURCE AND DEPENDENT UPON PRIOR
154 AUTHORIZATION. TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING
155 WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER
156 WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT
157 OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES,
158 TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
159 PURPOSE, AND SATISFACTORY QUALITY. PALMSOURCE NEITHER ASSUMES NOR
160 AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN
161 CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF ITS
162 PRODUCTS.
163
164 PalmSource shall not be liable under this warranty if its testing and
165 examination disclose that the alleged defect in the product does not
166 exist or was caused by your or any third person's misuse, neglect,
167 improper installation or testing, unauthorized attempts to repair or
168 modify, or any other cause beyond the range of the intended use, or by
169 accident, fire, lightning, or other hazards or acts of God. This
170 warranty does not apply when the malfunction results from the use of
171 this product in conjunction with accessories, other products, or
172 ancillary or peripheral equipment and PalmSource determines that there
173 is no fault with the product itself.
174
175 LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED
176 BY LAW PALMSOURCE ALSO EXCLUDES FOR ITSELF AND ITS SUPPLIERS
177 ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT
178 (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL,
179 INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR
180 FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF
181 INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING
182 OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION,
183 MAINTENANCE, USE, PERFORMANCE, FAILURE, OR
184 INTERRUPTION OF THIS PRODUCT, EVEN IF PALMSOURCE OR ITS
185 AUTHORIZED RESELLER HAS BEEN ADVISED OF THE
186 POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO
187 REPLACEMENT OF THE SOFTWARE ON NEW MEDIA, OR REFUND
188 OF THE PURCHASE PRICE PAID, AT THE OPTION OF PALMSOURCE. THIS
189 DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE
190 AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF
191 ITS ESSENTIAL PURPOSE.
192
193 TRADEMARKS: You acknowledge that PalmSource and its affiliates are
194 the sole owners of all trademark rights in the marks HotSync,
195 Graffiti, iMessenger, MultiMail, Palm, Palm OS, PalmModem, Palm.net,
196 PalmPoint, PalmConnect, PalmSource, Palm Powered and the Palm logos.
197 You agree to do nothing inconsistent with such ownership. You will
198 not use "Palm" as part of you company, product, service or domain
199 names. You acknowledge that this Agreement does not grant any rights
200 to use any of the foregoing trademarks or any other trademark of
201 PalmSource or any of its affiliates, even if such marks are included
202 in any of the materials provided by PalmSource. You may, however, use
203 the tagline "for Palm OS ®" to indicate compatibility, or, after
204 meeting Palm OS Developer Program membership and product testing
205 requirements, use the Palm
206 Powered Compatible Solution logo to indicate compatibility.
207
208 SEVERABILITY: In the event any provision of this License Agreement is
209 found to be invalid, illegal or unenforceable, the validity, legality
210 and enforceability of any of the remaining provisions shall not in any
211 way be affected or impaired and a valid, legal and enforceable
212 provision
213 of similar intent and economic impact shall be substituted therefor.
214 The
215 headings used in this Agreement are for convenience only and shall not
216 be considered part of the Agreement.
217
218 ENTIRE AGREEMENT: This License Agreement sets forth the entire
219 understanding and agreement between you and PalmSource, supersedes all
220 prior agreements, whether written or oral, with respect to the
221 Software
222 and subject matter hereof, and may be amended only in a writing signed
223 by both parties.
224
225 PalmSource, Inc.
226 1240 Crossman Avenue
227 Sunnyvale, CA 94089

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