This is a legal agreement between you, the end user, and Palmeta
Software Co. By using the software you are agreeing to be bound by
the terms of this agreement. If you do not agree to the terms of this
agreement, promptly return the software and the accompanying items
(including printed materials and containers) to the place you obtained
them for a full refund.
1. GRANT OF LICENSE. Palmeta grants to you A NON-EXCLUSIVE right to
use one copy of the enclosed Palmeta software program ("the SOFTWARE")
in OBJECT CODE FORM on any personal computer connected to a single US
Robotics Pilot palmtop computer. You may use the SOFTWARE for thirty
days for evaluation purposes. After thirty days of evaluation, you
must make payment to Palmeta to continue to use the product.
2. COPYRIGHT. The SOFTWARE is owned by Palmeta or its suppliers and is
protected by United States copyright laws and international treaty
provisions. THE SOFTWARE IS LICENSED, AND NOT SOLD. Therefore, you
must treat the SOFTWARE like any other copyrighted material (e.g., a
book or musical recording) except that you may either (a) make one
copy of the SOFTWARE solely for backup or archival purposes, or (b)
transfer the SOFTWARE to a single hard disk, provided that you keep
the original solely for backup or archival purposes. You may not copy
the written materials accompanying the SOFTWARE.
3. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but you
may transfer the SOFTWARE and accompanying materials on a permanent
basis, provided that you retain no copies and the recipient agrees to
the terms of this Agreement. You may not reverse-engineer, decompile,
or disassemble the software.
LIMITED WARRANTY
LIMITED WARRANTY. Palmeta warrants that (a) the SOFTWARE will perform
substantially in accordance with the accompanying materials for a
period of 90 days from the date of receipt. Any implied warranties
on the SOFTWARE are limited to 90 days. Some states do not allow
limitations on duration of an implied warranty, so the above limitation
may not apply to you.
CUSTOMER REMEDIES. Palmeta's entire liability and your exclusive remedy
shall be, at Palmeta's option, either (a) return of the price paid or
(b) repair or replacement of the SOFTWARE that does not meet Palmeta's
Limited Warranty and which is returned to Palmeta with a copy of your
receipt. This Limited Warranty is void if failure of the SOFTWARE has
resulted from accident, abuse, or misapplication. Any replacement
SOFTWARE will be warranted for the remainder of the original warranty
period or 30 days, whichever is longer. OUTSIDE THE UNITED STATES,
THESE REMEDIES ARE NOT AVAILABLE WITHOUT PROOF THAT YOU ACQUIRED THIS
COPY OF THE SOFTWARE FROM AN AUTHORIZED SOURCE.
NO OTHER WARRANTIES. Palmeta disclaims all other warranties, either
expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the SOFTWARE, the accompanying written materials and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
LIMITATION OF LIABILITY. In no event shall Palmeta or its suppliers be
liable for indirect, special, incidental, economic, consequential or
punitive damages whatsoever, regardless of the nature of the claim,
(including, without limitation, damages for loss of business profits,
business interruption, loss of business information, liabilities to
third parties arising from any source, or other pecuniary loss) arising out of
the use or inability to use this Palmeta product, even if Palmeta has
been advised of the possibility of such damages. In no event shall
Palmeta's liability exceed the amount paid by you for the SOFTWARE.
Because some states do not allow the exclusion or limitation of
liability for consequential or incidental damages, the above limitation
may not apply to you.
U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE, documentation and any accompanying hardware are provided
with RESTRICTED RIGHTS. Use, duplication, or disclosure by the
Government is subject to the restrictions set forth in subparagraph
(c)(1)(ii) of The Rights in Technical Data and Computer Software clause
at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial
Computer Software-Restricted Rights 48 CFR 52.227-19, and our GSA
contract, as applicable. Contractor/manufacturer is Palmeta Software
Co., PO Box 1177, Londonderry, NH 03053-1177 USA.
TERM. This license is effective upon your first use of the SOFTWARE,
and shall continue until terminated. You may terminate this license
by returning the SOFTWARE, the accompanying written materials and all
copies thereof to Palmeta. Palmeta may terminate this license upon the
breach by you of any provision contained in this license. Upon such
termination by Palmeta, you agree to return the Software, the
accompanying written materials and all copies thereof to Palmeta.
THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU
AND PALMETA CONCERNING THE SOFTWARE, AND IT SUPERSEDES ANY PRIOR
PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
This Agreement is governed by the substantive laws of the State of
New Hampshire. If this product was purchased outside the United
