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- Software License Agreement for AvantGo Web Client
-
- NOTICE -- READ THIS BEFORE DOWNLOADING, COPYING OR USING THE
- SOFTWARE.
-
- INSTALLING AND USING THE SOFTWARE ACCOMPANYING THIS LICENSE
- INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. READ
- ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR
- TO INSTALLING OR USING THE SOFTWARE. IF YOU DO NOT ACCEPT THESE
- TERMS, YOU MUST DELETE THE SOFTWARE FROM YOUR HARDWARE.
- PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE
- SOFTWARE OR DOCUMENTATION OR ANY COPY, EXCEPT AS EXPRESSLY
- PROVIDED IN THIS AGREEMENT. YOU MAY NOT USE THE SOFTWARE TO
- ACCESS CORPORATE OR INTRANET INFORMATION WHICH IS NOT MADE
- GENERALLY AVAILABLE TO WORLD WIDE WEB USERS OR TO ACCESS OR USE
- THIRD PARTY APPLICATIONS UNLESS SUCH THIRD PARTY HAS ENTERED INTO
- AN AGREEMENT WITH AVANTGO, INC. OR HAS OTHERWISE BEEN APPROVED
- BY AVANTGO, INC.
-
- IMPORTANT -- READ CAREFULLY: By clicking on the Yes button to make and utilize
- copies of the AvantGo Web Client for the PalmPilot or for similar Windows CE
- handheld devices ("Software"), You ("Licensee") agree to be and are hereby bound by
- the terms of this Software License Agreement (this "Agreement"). If Licensee does not
- agree to the terms of this Agreement, Licensee must promptly destroy all copies of the
- Software and accompanying documentation ("Documentation").
-
- I. GRANT OF LICENSE:
-
- AvantGo, Inc. hereby grants to Licensee a non-exclusive license to use the Software
- and Documentation subject to the following terms:
-
- Licensee agrees not to cause or permit the reverse engineering, disassembly, or
- decompilation of the Software Products.
-
- Licensee may: (i) install the AvantGo Web Client on one PalmPilot or one Windows CE
- handheld device and use such AvantGo Web Client for personal, non-commercial
- purposes only; (ii) make one copy of the Software for back-up, archival purposes
- provided such copy must contain all of the original Software's proprietary notices.
-
- Licensee may not: (i) use or permit other individuals to use the Software except under
- the terms listed above; (ii) modify, translate, reverse engineer, decompile, disassemble
- (except to the extent that this restriction is expressly prohibited by law) or create
- derivative works based upon the Software or Documentation; (iii) copy the Software or
- Documentation (except for back-up purposes); (iv) rent, lease, sell, offer to sell,
- distribute, or otherwise transfer rights to the Software or Documentation; (v) remove any
- proprietary notices or labels on the Software or Documentation; (vi) use the Software to
- access corporate or intranet information not made generally available to World Wide
- Web users or (vii) use the software to access or use third party applications unless
- such third party has entered into an agreement with AvantGo, Inc. or has otherwise
- been approved by AvantGo, Inc. Licensee acknowledges that AvantGo, Inc. may
- remove channels which it deems inappropriate, restrict access to channels and
- applications of third parties without partnership agreements with AvantGo, Inc. and may
- terminate content providers for any use of the Software or the service provided by
- AvantGo, Inc. on AvantGo, Inc.Æs web site located at www.avantgo.com (respectively,
- the "Service" and the "AvantGo Site") which is in breach of any agreement with such
- content provider or the Terms of Service agreement set forth on the AvantGo Site (the
- "TOS Agreement").
-
- II. SOFTWARE:
-
- If Licensee receives the first copy of the Software electronically and a second copy on
- media the second copy may be used for archival purposes only and may not be
- transferred to or used by any other person. This license does not grant Licensee any
- right to any enhancement or update of the Software.
-
- III. TITLE:
-
- Title, ownership, rights, and intellectual property rights in and to the Software and
- Documentation shall remain in AvantGo, Inc. and/or its suppliers and licensors. The
- Software is protected by the copyright law of the United States and international
- copyright treaties. Title, ownership rights and intellectual property rights in and to the
- content accessed through the Software, including the content contained in the Software
- media demonstration files, is the property of the applicable content owner and may be
- protected by applicable copyright or other law. This license gives Licensee no rights to
- such content.
-
- IV. DISCLAIMER OF WARRANTY:
-
- THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO
- THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVANTGO, INC. AND
- ITS LICENSORS AND SUPPLIERS FURTHER DISCLAIM ALL WARRANTIES,
- INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
- MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
- NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR
- PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH
- LICENSEE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
- EVENT SHALL AVANTGO, INC. OR ITS SUPPLIERS OR LICENSORS BE LIABLE
- FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR
- OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
- DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
- OF BUSINESS INFORMATION, LOSS OF DATA OR OTHER PECUNIARY LOSS)
- ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE
- SOFTWARE, EVEN IF AVANTGO, INC. OR ITS SUPPLIERS OR LICENSORS HAVE
- BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
- STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
- LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
- LIMITATION MAY NOT APPLY TO LICENSEE.
-
- V. TERMINATION:
-
- This license shall terminate automatically if Licensee fails to comply with the limitations
- described in this license. No notice shall be required from AvantGo, Inc. to effectuate
- such termination. On termination Licensee must destroy all copies of the Software and
- Documentation. Without limiting the foregoing, AvantGo, Inc. may terminate this
- Agreement immediately for any breach by Licensee of the TOS Agreement .
-
- VI. U.S. GOVERNMENT RESTRICTED RIGHTS, RESTRICTIONS:
-
- The Software is provided with RESTRICTED RIGHTS. Use duplication or disclosure by
- the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The
- Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 or
- subparagraphs (c)(i) and (2) of the Commercial Computer Software-Restricted Rights at
- 48 CFR 52.227-19 as applicable. Manufacturer is AvantGo, Inc., 1650 S. Amphlett
- Blvd., Suite 212, San Mateo, CA 94402. Licensee acknowledges that none of the
- Software or underlying information or technology may be download or otherwise
- exported or re-exported (i) into (or to a national or resident of) Angola, Cuba, Iran, Iraq,
- Libya, North Korea, Sudan, Syria, or any other country to which the U.S. has
- embargoed goods; or anyone on the U.S. Treasury Department's list of Specially
- Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By
- using the Software Licensee agrees to the following and represents and warrants that it
- is not a national or resident of any such country or on any such list. The Software is not
- designed or intended for use in online control of aircraft, air traffic, aircraft navigation or
- aircraft communications; or in the design, construction, operation or maintenance of any
- nuclear facility. Licensee warrants that it will not use the Software for such purposes.
-
- VII. GOVERNING LAW:
-
- The rights and obligations of the party's under this Agreement shall not be governed by
- the U N Convention on Contracts for the International Sales of Goods; rather such
- rights and obligations shall be governed and construed under the laws of the State of
- California, without reference to conflict of laws principles.
-
- VIII. ENTIRE AGREEMENT:
-
- This Agreement constitutes the complete and exclusive agreement between AvantGo,
- Inc. and Licensee with respect to the subject matter hereof and supersedes all prior oral
- or written understandings, communications or agreements not specifically incorporated
- herein. Notwithstanding the foregoing, to the extent that Licensee uses the Software in
- conjunction with the Service, Licensee hereby agrees that the TOS Agreement shall
- apply to any use by Licensee of the Service. This Agreement may not be modified
- except in writing duly signed by an authorized representative of AvantGo, Inc. and
- Licensee.
-
-