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- END USER LICENSE AGREEMENT FOR PALMSCAPE SOFTWARE
- ------------------------------------------------------------------------
- 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.
-