PalmOS Software Digest/PalmDigest.iso/网络/Palmscape_313E/License.txt

Text File | 2001-01-30 | 9KB | 162 lines

END USER LICENSE AGREEMENT FOR PALMSCAPE SOFTWARE
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Before using the following software and related software (hereinafter
referred to as "Software"), please read the following documentation
carefully.
    Palmscape 3.1.x English Language Version
Software and incorporated software in Software are protected by the
Copyright Law and international treaties regarding copyright, as well as
other intellectual property laws and treaties.
ILINX Inc. (hereinafter referred to as "ILINX") holds and owns the
copyright and the right to license Software.
Software includes third party ( hereinafter referred to as "Vendor")
software that ILINX has legitimately been granted a license to use.
The Software is licensed, not sold to you as long as you comply with the
terms and conditions set forth in this Agreement.
Please note that you are not permitted to use Software if you don't
agree to any and all provisions of this Agreement.

1. GRANT OF LICENSE
ILINX grants the right to use Software, in accordance to the provisions
under this Agreement, to the first user who installs Software on a
Personal Digital Assistant (hereinafter referred to as "PDA") that
supports the Palm OS 3.x, or to the first user of the PDA on which
Software is pre-installed.

2. RESTRICTIONS
You may install and use Software on only one PDA for ordinary use and in
the form of object code and shall not install on two or more PDAs at the
same time.
You shall not make copies of Software in either electronic or hardware
form except for initial installation on PDA, loading into temporary
memory or peripheral devices for ordinary use, or making backup copies.
You shall not modify, translate or merge Software, analyze it by reverse
engineering, decompile, disassemble, or create derivative works in any
form or by any means from the object code of Software.
This license Agreement does not permit the use of ILINX's trademark or
service mark; therefore you may not remove, change or obscure ILINX's
indication or notice of copyright, trademark, or other proprietary
rights.

3. OTHER RIGHTS GRANTED
You are not granted any patent, copyright, trademark, or other
proprietary rights in whole or in part that ILINX owns on Software, and
shall not lease, transfer, distribute (including transmission through
the Internet or other networks, and also recording on the servers
connected to the networks to make such transmission possible), or
sublicense Software to a third party.

4. TRANSFER OF LICENSE
You may transfer the right to use Software to a third party by assigning
any and all rights and obligations under this Agreement and 1)
transferring in whole all types of medium, all copies in any form and
documentations, or 2) transferring them in part and completely
destroying whatever was not transferred whether tangible or electrical.
However, you agree and certify that Software will not be exported
outside the United States except as authorized and as permitted by the
laws and regulations of the United States. If Software has been
rightfully obtained outside of the United States, you agree that you will
not re-export Software, except as permitted by the laws and regulations
of the United States and the laws and regulations of the jurisdiction in
which you obtained Software.  In no way shall the copyright notice be
changed or removed from Software and documentation be transferred. If
any condition in this Article is not fulfilled, the transfer of the
right shall not be in effect. The same rule shall apply to the next
third party who is in line to receive the transferred right.

5. TERM OF LICENSE
Your first use of any part of Software shall be regarded as your
acceptance of the terms and conditions under this Agreement and shall
validate it at the same time.

6. LIMITED WARRANTY
ILINX warrants that for a period of forty-five (45) days from the date
of delivery of the licensed Software, it will replace or repair within
its discretion, the media and related documentations provided by ILINX,
if there are any defects on them.
THESE WARRANTIES REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THIS SOFTWARE DOES NOT HOLD DURABILITY AGAINST PHYSICAL INCIDENTS OR
MECHANICAL FAILURE AND IS NOT INTENDED FOR USE IN HIGHLY STABLE AND
SECURE ENVIRONMENTS. ILINX OR VENDOR DOES NOT WARRANT THAT SOFTWARE WILL
MEET EACH USER'S REQUIREMENTS; THAT SOFTWARE INSTALLED ON PDA WILL WORK
COMPLETELY WITH OTHER INSTALLED SOFTWARE ON SUCH PDA; THAT OPERATION OF
SOFTWARE WILL BE UNINTERRUPTED; THAT DURING CONNECTION WITH THE INTERNET
OR OTHER NETWORKS SOFTWARE WILL BE ERROR-FREE AND WILL NOT DAMAGE
HARDWARE, SOFTWARE, AND DATA CONNECTED WITH SUCH NETWORKS; OR THAT
SOFTWARE WILL NOT EFFECT YOUR OR THIRD PARTY'S ELECTRONIC INFORMATION IN
ANY WAY.
IN NO EVENT SHALL ILINX NOR VENDOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
CONSEQUENTIAL,  OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION/DATA, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF
THE DISTRIBUTION, INSTALLATION, MAINTENANCE, USE OR INABILITY TO USE,
SUCH AS THE INTERRUPTION OF SOFTWARE IMPLEMENTATION. AND IN NO EVENT
SHALL ILINX'S NOR VENDOR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE)
EXCEED THE AMOUNT OF LICENSE FEE PAID BY YOU. SUCH LIMITATION OF
LIABILITY MAY NOT APPLY TO YOU IF THE DAMAGES, LOSSES OR CAUSES OF
ACTION WHICH ARE CAUSED BY INTENTIONAL ACT OR GROSS NEGLIGENCE OF ILINX
OR VENDOR.

7. TERMINATION OF LICENSE
This Agreement and your rights hereunder shall automatically terminate
if and when you 1) fail to comply with any provision of this Agreement,
2) transfer the right to use Software to a third party according to this
Agreement, or 3) destroy Software and all its copies and related
documentation.
Upon termination, you shall cease any and all use of Software and
destroy all copies including written documentation and modified copies,
if any.

8. RIGHTS AGAINST INFRINGEMENT
In the event you are reasonably assumed to have infringed any provision
under this Agreement, ILINX shall reserve the right to 1) make an
on-site-search of the premises, where you are reasonably assumed to
hold any media or copies of Software, to find any facts related to the
infringement, and 2) browse, make copies and/or take photos of the
related materials.
On finding the fact of your infringement, ILINX shall have the right to
prohibit your use of Software and claim the indemnity for any direct or
indirect damages incurred by the infringement.
ILINX shall not be liable for any property or psychological damages to
you resulting from the search, even if your infringement is not found.

9. GOVERNING LAW AND PRIMARY COURT
This Agreement shall be governed and construed in accordance with
Japanese laws. ILINX and you submit to the non-exclusive jurisdiction of
the Tokyo District Court in Japan with respect to all dispute arising
from the interpretation and performance of this Agreement, wherever the
parties' venues or places of disputes are located and regardless to the
amount in dispute. Each party hereby agrees to waive its right to demand
a jury trial for any cause of action.

10. SERVERABILITY
Should any provision of this Agreement be or become illegal, invalid or
unenforceable, the legality, validity, and enforceability of the
remaining provisions of this Agreement shall not be affected or
impaired thereby.

11. ENTIRE AGREEMENT
This Agreement is the entire Agreement to date between you and ILINX,
and supersedes any such prior written or oral agreement regarding
Software.

12. US GOVERNMENT RESTRICTED RIGHTS
If Software is acquired under the terms of a proposal or agreement with
the United States Government or any contractor thereof, Software is
subject to the following: (a) For acquisition by or on behalf of
civilian agencies, as necessary to obtain protection as "commercial
computer software" and related documentation in accordance with the
terms of this Commercial Software Agreement as specified in 48 C.F.R.
12.212 of the Federal Acquisition Regulations and its successors;
(b) For acquisition by or on behalf of units of the Department of
Defense ("DOD") as necessary to obtain protection as "commercial
computer software" and related documentation in accordance with the
terms of this commercial computer software license as specified in 48
C.F.R. 227-7202-2 of the DOD F.A.R. Supplement and its successors.

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Palm and Palm OS are registered trademarks of Palm Inc.