path: root/licenses/Palm-SDK

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 � 1996-2003 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.
1240 Crossman Avenue
Sunnyvale, CA 94089