PALM LICENCE AGREEMENT
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS (“AGREEMENT”) BEFORE USING OR OTHERWISE ACCESSING THE SOFTWARE THAT ACCOMPANIES THIS AGREEMENT. THE SOFTWARE IS LICENSED BY PALM, INC. (“PALM”) TO YOU, THE ORIGINAL END USER, SOLELY FOR YOUR PERSONAL USE AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR OTHERWISE ACCESS THE SOFTWARE. USING OR OTHERWISE ACCESSING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.
PLEASE NOTE THAT IF YOU ARE A CONSUMER IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND or AUSTRALIA, THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS. For further information about your statutory rights contact your local authority, Trading Standards Department or Citizens Advice Bureau (OR LOCAL EQUIVALENT).
LICENCE: Palm grants you a limited, nonexclusive licence to use the software that accompanies this Agreement (the “Software”), subject to the terms and conditions set forth in this Agreement, as well as any other terms that may be incorporated by reference herein or otherwise presented to you prior to your use of the Software. You are not permitted to use the Software in any manner not expressly authorised by this Agreement. You acknowledge and agree that ownership of the Software and all subsequent copies thereof, regardless of the form or media, is retained by Palm or its suppliers.
RESTRICTIONS: The Software is licensed for use only with the single Palm device you originally purchased, and you may not distribute or make the Software available over a network or for use with multiple devices. The Software and supporting documentation may be copied only as necessary for backup or archive purposes in support of your use of the Software. You must reproduce and include all copyright notices and any other proprietary rights notices appearing on the Software on any copies that you make. You may not modify or alter the Software in any way, and may only use the Software as expressly set forth above. You agree that you will not attempt to, or assist or encourage any other person or entity to circumvent, disable or modify any security technology or software that is part of the Software. Except as set forth above, Palm and its licensors reserve all other rights in or to the Software. If applicable law permits you to copy or modify the Software, then you may copy and modify the Software solely to the extent, and for such purposes as, expressly permitted by applicable law. For further information on the circumstances in which such copying and modification may be permissible, please contact your local authority, trading standards department, citizens’ advice bureau or local equivalent.
PALM HAS THE RIGHT TO MODIFY, CHANGE OR TERMINATE YOUR USE OF THE SOFTWARE: Palm reserves the right, at its sole discretion and at any time, to add, remove, or modify any Software. Palm may be required to take these actions due to changes in the obligations or restrictions from its third party licensors or partners, or due to any governmental restriction, safety or security concern, or court order.
PALM HAS THE RIGHT TO MODIFY THESE TERMS: Palm reserves the right to modify the terms of this Agreement at its sole discretion at any time. Any such modification will be effective upon Palm’s sending notice to you by email, text message, or postal mail. Your continued use of the Software after such notice will constitute your binding acceptance of the Agreement as revised. Additionally, some Software may be subject to different or additional terms (including fees) presented to you through a separate click-through or other type of agreement or notice prior to your use of such Software.
THIRD PARTY SOFTWARE AND SERVICES: Some of the software or services which may be packaged with, provided with, or made accessible through your Palm device, may be provided by third parties (the “Third Party Software”) and may be subject to different or additional terms and conditions of use. Third Party Software is not provided by Palm, and the terms and conditions of use for Third Party Software may be presented to you through click-through or another type of agreement prior to your use of the Third Party Software. Additionally, you should be aware that such Third Party Software may implement third party technologies in accordance with one or more industry standards (“Standards-Based Software”). Such Standards-Based Software may require licences from one or more third party entities. Such licences are not provided by Palm and you should contact the provider of such Third Party Software for more information on how to obtain such licences. You solely are responsible for obtaining any such licences.
CONSENT TO USE OF DATA: You agree that Palm, its affiliates and designated agent may collect and use technical and related information, gathered in any manner, as part of product support services related to the Software. Palm, its affiliates and designated agent may use this information solely to improve its products or to provide customised services or technologies to you. Palm will collect and use this information in accordance with its privacy policy and in accordance with applicable data protection laws. Palm, its affiliates and designated agent may disclose this information to others, but not in a form that personally identifies you.
ASSIGNMENT: You may transfer the Software to another party together with the transfer of any device, if such party accepts the terms and conditions of this Agreement. If you transfer the Software, you must at the same time either transfer all copies of the Software as well as the supporting documentation to the same party or destroy any such materials not transferred.
REVERSE ENGINEERING: You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law.
WARRANTY AND DISCLAIMERS: IF SOFTWARE IS BEING PROVIDED TO YOU IN CONNECTION WITH A PALM DEVICE WHICH YOU HAVE NEWLY PURCHASED FROM PALM, INC. OR ITS AUTHORISED DISTRIBUTORS, THE SOFTWARE MAY BE UNDER A WARRANTY, AS PROVIDED ON A LIMITED WARRANTY CARD PROVIDED WITH YOUR NEW DEVICE. PLEASE NOTE THAT IF YOU ARE DEALING AS A CONSUMER IN THE EUROPEAN ECONOMIC AREA OR SWITZERLAND, SUCH LIMITED WARRANTY DOES NOT AFFECT YOUR STATUTORY RIGHTS. FOR FURTHER INFORMATION ABOUT YOUR STATUTORY RIGHTS, PLEASE CONTACT YOUR LOCAL AUTHORITY, TRADING STANDARDS DEPARTMENT, CITIZENS’ ADVICE BUREAU OR LOCAL EQUIVALENT. EXCEPT AS MAY BE PROVIDED UNDER SUCH A WARRANTY FOR NEWLY PURCHASED DEVICES, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE SOFTWARE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND OR NATURE. PALM DOES NOT WARRANT THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED, FAULT-TOLERANT OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PALM AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED OR STATUTORY TERMS, CONDITIONS OR WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, SATISFACTORY QUALITY AND NON-INFRINGEMENT. PALM MAKES NO WARRANTY, TERM OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY SOFTWARE. ALL THIRD PARTY SOFTWARE IS PROVIDED "AS-IS," WITHOUT WARRANTIES OF ANY KIND BY PALM.
LIMITATION OF LIABILITY: NOTHING IN THIS LIMITATION OF LIABILITY LIMITS OR EXCLUDES PALM’S OR ITS SUPPLIERS’ LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR REPRESENTATIONS MADE FRAUDULENTLY, OR FOR ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PALM NOR ITS SUPPLIERS SHALL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, LOSS OF INFORMATION OR DATA, LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE LICENCE OR USE OF THE SOFTWARE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER THEORY, EVEN IF PALM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. PALM’S ENTIRE LIABILITY SHALL BE LIMITED TO REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID, AT PALM’S OPTION. IN NO EVENT WILL PALM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE THIRD PARTY SOFTWARE, EVEN IF PALM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages so the above limitations and exclusions may be limited in their application to you.
EXPORT RESTRICTIONS: You agree that you will not export or re-export the Software or accompanying documentation (or any copies thereof) or any products utilising the Software or such documentation in violation of any applicable laws or regulations of the United States, the European Union or the country in which you obtained them.
TERM AND TERMINATION: This Agreement is effective until terminated. You may terminate it at any time by destroying the Software and documentation together with all copies and merged portions in any form. It will also terminate immediately if you commit a material breach of this Agreement. Upon such termination you agree to destroy the Software and documentation, together with all copies. Some countries, states, or provinces do not allow the termination of this type of Agreement, so the above provision may be limited in its application to you.
SPECIAL RIGHTS FOR THE LICENCE OR USE BY THE U.S. GOVERNMENT: If this Software is being used by or licensed to the United States Government, the following shall apply: The Software licensed under this Agreement is “commercial computer software” as the term is described in 48 C.F.R. 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 48 C.F.R. 12.211 (Technical Data) of the Federal Acquisition Regulations (“FAR”) and its successors. If acquired by or on behalf of any agency within the Department of Defence (“DOD”), the U.S. Government acquires this commercial computer software and/ or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement (“DFAR”) and its successors.
GOVERNING LAW: This Agreement shall be governed by the laws of the State of California and by the federal laws of the United States, excluding their conflicts of laws provisions. The Superior Court of the County of Santa Clara or the United States District Court for the Northern District of California shall have jurisdiction and venue over all controversies arising out of, or relating to, this Agreement. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Agreement. If you acquired this Software or the Palm device in the European Economic Area or Switzerland, this Agreement shall be governed by the law of the country in which you purchased the Software or the Palm device.
SEVERABILITY: In the event any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired.
ENTIRE AGREEMENT: By accepting his Agreement and the accompanying Limited Warranty (if any), you agree that the Agreement and Limited Warranty set forth the entire agreement between you and Palm, and supersede all prior agreements, whether written or oral, with respect to the Software, notwithstanding the terms or conditions of any such prior agreements. Nothing in this Agreement limits or excludes liability for representations made fraudulently.
Palm,Inc.
950 W. Maude Ave.
Sunnyvale CA 94085-2801
United States of America
www.palm.com
May 11, 2009