157f7ea29e
Introduce ACCEPT_PALMOS_SDK_LICENSE which has to be set to Yes by the user to be able to use this port. Just to be safe, since their restrictions are becoming more and more unclear. naddy agreed a while ago
191 lines
11 KiB
Plaintext
191 lines
11 KiB
Plaintext
IMPORTANT: Read Before Using The Accompanying Software
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PALM OS(r) SOFTWARE DEVELOPMENT KIT
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SOFTWARE LICENSE AGREEMENT
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YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE
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USING THE ACCOMPANYING SOFTWARE, THE USE OF WHICH IS LICENSED BY PALM,
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INC. ("PALM"), TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW.
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IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO
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NOT USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU
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ACCEPT THESE TERMS.
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LICENSE: Palm grants you a nonexclusive, royalty-free license to use
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the accompanying software program(s) (the "Software") subject to the
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terms and restrictions set forth in this License Agreement. Except as
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explicitly set forth below, (i) you are not permitted to lease or rent
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(except under separate mutually agreeable terms set forth in writing and
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signed by both parties), distribute or sublicense the Software or to use
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the Software in a time-sharing arrangement or in any other unauthorized
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manner; (ii) no license is granted to you in the human readable code of
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the Software (source code); and (iii) this License Agreement does not
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grant you any rights to patents, copyrights, trade secrets, trademarks,
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or any other rights in respect to the Software.
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The Software is licensed to be used on any personal computer and/or any
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Palm OS platform product, provided that the Software is used only in
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connection with your development of products for use with Palm OS
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platform products. The Software contains certain sample source code in
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the form of example applications (including several conduits) and code
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fragments (both in the source code files and documentation provided
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hereunder), and may include a tutorial application (collectively,
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"Sample Source Code"). You may use the Sample Source Code internally to
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develop products for Palm OS platform products. You may distribute any
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such products built with the Sample Source Code, provided that you
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include the following copyright notice within your source code and in
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the location of your own copyright notice: "Portions copyright (c) 2000
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Palm, Inc. or its subsidiaries. All rights reserved."
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Notwithstanding anything else in this License Agreement, you may not
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distribute the conduit development kit header files included as part of
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the Software to anyone for any reason.
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Except as described above, the Software and supporting documentation may
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be copied only as essential for backup or archive purposes in support of
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your use of the Software as permitted hereunder. You must reproduce and
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include all copyright notices and any other proprietary rights notices
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appearing on the Software on any copies that you make.
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NO ASSIGNMENT; NO REVERSE ENGINEERING: You may transfer the Software
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and this License Agreement to another party if the other party agrees in
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writing to accept the terms and conditions of this License Agreement.
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If you transfer the Software, you must at the same time either transfer
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all copies of the Software as well as the supporting documentation to
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the same party or destroy any such materials not transferred. Except as
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set forth above, you may not transfer or assign the Software or your
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rights under this License Agreement.
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Modification, reverse engineering, reverse compiling, or disassembly of
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the Software is expressly prohibited. However, if you are a European
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Union ("EU") resident, information necessary to achieve interoperability
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of the Software with other programs within the meaning of the EU
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Directive on the Legal Protection of Computer Programs is available to
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you from Palm upon written request.
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EXPORT RESTRICTIONS: The Software supplied hereunder is subject to all
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pertinent import and export laws of the United States, including
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specifically the U.S. Export Administration Regulations ("EAR") and the
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laws of the country in which you obtained them. You agree that you will
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be solely responsible for compliance with all such laws. In
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particular, you agree that you will not export, re-export, or transfer,
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directly or indirectly, to any person, firm or country on the Denied
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Persons List, Entity List, Debarred Parties or Specially Designated
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Nationals lists or to Afghanistan, Cuba, Iran, Iraq, Libya, North Korea,
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Federal Republic of Yugoslavia (Serbia only), Sudan, or Syria or any
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other country or entity designated by the U.S. Government as prohibited
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by U.S. law, or nationals thereof, and that you are not located in such
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a country or on such a list. You agree that you will not transfer,
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export or re-export, directly or indirectly, for use or to users in
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military or proliferation activities (Nuclear, Missile, Chemical or
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Biological Weapons) without U.S. Government authorization (by export
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license or regulation). You agree that, upon request, you will provide
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additional end use/end user information or written acceptance of
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requirements and responsibilities to comply with U.S. export license
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requirements. You agree to be bound by any future modifications of the
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foregoing list of restricted destinations by amendments to the EAR or
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other U.S. government regulations. These requirements shall survive the
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term or termination of the Agreement.
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TRADE SECRETS; TITLE: You acknowledge and agree that the structure,
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sequence and organization of the Software are the valuable trade secrets
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of Palm and its suppliers. You agree to hold such trade secrets in
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confidence. You further acknowledge and agree that ownership of, and
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title to, the Software and all subsequent copies thereof regardless of
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the form or media are held by Palm and its suppliers.
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UNITED STATES GOVERNMENT LEGEND: The Software is commercial in nature
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and developed solely at private expense. The Software is delivered as
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"Commercial Computer Software" as defined in DFARS 252.227-7014 (June
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1995) or as a commercial item as defined in FAR 2.101(a) and as such is
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provided with only such rights as are provided in this License
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Agreement, which is Palm's standard commercial license for the Software.
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Technical data is provided with limited rights only as provided in DFAR
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252.227-7015 (Nov. 1995) or FAR 52.227-14 (June 1987), whichever is
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applicable.
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TERM AND TERMINATION: This License Agreement is effective until
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terminated. You may terminate it at any time by destroying the Software
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and documentation together with all copies and merged portions in any
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form. It will also terminate immediately if you fail to comply with any
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term or condition of this License Agreement. Upon such termination you
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agree to destroy the Software and documentation, together with all
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copies and merged portions in any form.
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GOVERNING LAW: This License Agreement shall be governed by the laws of
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the State of California as such laws are applied to agreements entered
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into and to be performed entirely within California between California
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residents and by the laws of the United States. You agree that the
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United Nations Convention on Contracts for the International Sale of
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Goods (1980) is hereby excluded in its entirety from application to this
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License Agreement.
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WARRANTY DISCLAIMER: THE SOFTWARE AND ALL RELATED DOCUMENTATION ARE
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PROVIDED ON AN "AS IS" BASIS AND ALL RISK IS WITH YOU. BECAUSE THE
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SOFTWARE AND DOCUMENTATION ARE PROVIDED TO YOU FREE OF CHARGE, PALM
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MAKES NO WARRANTIES, TERMS, OR CONDITIONS, EXPRESS, IMPLIED OR
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STATUTORY, AS TO ANY MATTER WHATSOEVER. IN PARTICULAR, ANY AND ALL
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WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
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PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS ARE
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EXPRESSLY EXCLUDED. FURTHER, PALM MAKES NO REPRESENTATIONS, WARRANTIES,
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TERMS OR CONDITIONS THAT THE SOFTWARE AND DOCUMENTATION PROVIDED ARE
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FREE OF ERRORS OR VIRUSES OR THAT THE SOFTWARE AND DOCUMENTATION ARE
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SUITABLE FOR YOUR INTENDED USE. IN ADDITION, YOU ACKNOWLEDGE THAT IF YOU
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ARE USING THE SOFTWARE WITH A LOCALIZED (I.E. NON-ENGLISH) VERSION OF
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THE PALM OS SOFTWARE FOR PALM PRODUCTS, THAT PALM HAS NOT TESTED THE
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INTEROPERABILITY OF THE SOFTWARE WITH SUCH LOCALIZED VERSION. YOU
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ASSUME ALL RISK OF THE USE OF THE SOFTWARE WITH SUCH LOCALIZED VERSION.
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LIMITATION OF LIABILITY: TO THE FULL EXTENT ALLOWED BY LAW PALM ALSO
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EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN
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CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL,
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INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF
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REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR
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OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE,
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INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF
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THIS PRODUCT, EVEN IF PALM OR ITS AUTHORIZED RESELLER HAS BEEN ADVISED
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OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO
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REPLACEMENT OF THE SOFTWARE ON NEW MEDIA, OR REFUND OF THE PURCHASE
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PRICE PAID, AT THE OPTION OF PALM. THIS DISCLAIMER OF LIABILITY FOR
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DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF
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ITS ESSENTIAL PURPOSE.
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DISCLAIMER: Some countries, states, or provinces do not allow the
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exclusion or limitation of implied warranties or the limitation of
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incidental or consequential damages for certain products supplied to
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consumers or the limitation of liability for personal injury, so the
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above limitations and exclusions may be limited in their application to
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you. When the implied warranties are not allowed to be excluded in
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their entirety, they will be limited to the duration of the applicable
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written warranty. This warranty gives you specific legal rights which
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may vary depending on local law.
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TRADEMARKS: You acknowledge that Palm is the sole owner of all
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trademark rights in the marks HotSync, Graffiti, Palm, Palm OS,
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PalmModem, PalmPoint, PalmConnect, Palm III, Palm V, Palm VII, and the
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Palm Powered logo. You agree to do nothing inconsistent with such
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ownership. You acknowledge that this Agreement does not grant any
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rights to use any of the foregoing trademarks or any other trademark of
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Palm or any of its affiliates, even if such marks are included in any of
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the materials provided by Palm.
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SEVERABILITY: In the event any provision of this License Agreement is
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found to be invalid, illegal or unenforceable, the validity, legality
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and enforceability of any of the remaining provisions shall not in any
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way be affected or impaired and a valid, legal and enforceable provision
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of similar intent and economic impact shall be substituted therefor. The
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headings used in this Agreement are for convenience only and shall not
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be considered part of the Agreement.
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ENTIRE AGREEMENT: This License Agreement sets forth the entire
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understanding and agreement between you and Palm, supersedes all prior
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agreements, whether written or oral, with respect to the Software and
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subject matter hereof, and may be amended only in a writing signed by
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both parties.
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Palm, Inc.
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5470 Great America Parkway
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Santa Clara, California 95052
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(408) 326-9000
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