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author | Tim Yamin <plasmaroo@gentoo.org> | 2003-12-25 19:13:57 +0000 |
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committer | Tim Yamin <plasmaroo@gentoo.org> | 2003-12-25 19:13:57 +0000 |
commit | 388b47288b5d2cb9ea1ff8da1db29be16b39f76c (patch) | |
tree | 4f7b33c5a34c4baa5016505e4fb20cbf9a427a23 /licenses/Palm-SDK | |
parent | e17 happiness (diff) | |
download | gentoo-2-388b47288b5d2cb9ea1ff8da1db29be16b39f76c.tar.gz gentoo-2-388b47288b5d2cb9ea1ff8da1db29be16b39f76c.tar.bz2 gentoo-2-388b47288b5d2cb9ea1ff8da1db29be16b39f76c.zip |
Initial commit, needed by palmos-sdk.
Diffstat (limited to 'licenses/Palm-SDK')
-rw-r--r-- | licenses/Palm-SDK | 228 |
1 files changed, 228 insertions, 0 deletions
diff --git a/licenses/Palm-SDK b/licenses/Palm-SDK new file mode 100644 index 000000000000..ed6f55cce3cf --- /dev/null +++ b/licenses/Palm-SDK @@ -0,0 +1,228 @@ +IMPORTANT: Read Before Using The Accompanying Software + +PALM OS® SOFTWARE DEVELOPMENT KIT SOFTWARE LICENSE AGREEMENT + + +YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE +USING THE ACCOMPANYING SOFTWARE, THE USE OF WHICH IS LICENSED BY +PALMSOURCE, INC. ("PALMSOURCE"), TO ITS CUSTOMERS FOR THEIR USE ONLY +AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS +OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. USING ANY PART OF THE +SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS. + +LICENSE: PalmSource grants you a nonexclusive, royalty-free license +to use the accompanying software program(s) (the "Software") subject +to the terms and restrictions set forth in this License Agreement. +Except as explicitly set forth below, (i) you are not permitted to +lease or rent (except under separate mutually agreeable terms set +forth in writing and signed by both parties), distribute or sublicense +the Software or to use the Software in a time-sharing arrangement or +in any other unauthorized manner; (ii) no license is granted to you in +the human readable code of the Software (source code); and (iii) this +License Agreement does not grant you any rights to patents, +copyrights, trade secrets, trademarks, or any other rights in respect +to the Software. + + +The Software is licensed to be used on any personal computer and/or +any Palm OS platform product, provided that the Software is used only +in connection with your development of products for use with Palm OS +platform products. The Software contains certain sample source code +in the form of example applications (including several conduits) and +code fragments (both in the source code files and documentation +provided hereunder), and may include a tutorial application +(collectively, "Sample Source Code"). You may use the Sample Source +Code internally to develop products for Palm OS platform products. +You may distribute any such products built with the Sample Source +Code, provided that you include the following copyright notice within +your source code and in the location of your own copyright notice: +"Portions copyright © 1996-2003 PalmSource, Inc. or its subsidiaries. +All rights reserved." + +Notwithstanding anything else in this License Agreement, you may not +distribute the conduit development kit header files included as part +of the Software to anyone for any reason. + +Except as described above, the Software and supporting documentation +may be copied only as essential for backup or archive purposes in +support of your use of the Software as permitted hereunder. You must +reproduce and include all copyright notices and any other proprietary +rights notices appearing on the Software on any copies that you make. + +NO ASSIGNMENT; NO REVERSE ENGINEERING: You may transfer the Software +and this License Agreement to another party if the other party agrees +in writing to accept the terms and conditions of this License +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. Except as set forth above, you may not transfer or +assign the Software or your rights under this License Agreement. + +Modification, reverse engineering, reverse compiling, or disassembly +of the Software is expressly prohibited. However, if you are a +European Union("EU") resident, information necessary to achieve +interoperability of the Software with other programs within the +meaning of the EU Directive on the Legal Protection of Computer +Programs is available to you from PalmSource upon written request. + +EXPORT RESTRICTIONS: The Software supplied hereunder is subject +to all pertinent import and export laws of the United States, +including specifically the U.S. Export Administration Regulations +("EAR") and the laws of the country in which you obtained them. You +agree that you will be solely responsible for compliance with all such +laws. In particular, you agree that you will not export, re-export, +or transfer,directly or indirectly, to any person, firm or country on +the Denied Persons List, Entity List, Debarred Parties or Specially +Designated Nationals lists or to Afghanistan, Cuba, Iran, Iraq, Libya, +North Korea, Federal Republic of Yugoslavia (Serbia only), Sudan, or +Syria or any other country or entity designated by the U.S. Government +as prohibited by U.S. law, or nationals thereof, and that you are not +located in such a country or on such a list. You agree that you will +not transfer, export or re-export, directly or indirectly, for use or +to users in military or proliferation activities (Nuclear, Missile, +Chemical or Biological Weapons) without U.S. Government authorization +(by export license or regulation). You agree that, upon request, you +will provide additional end use/end user information or written +acceptance of requirements and responsibilities to comply with U.S. +export license requirements. You agree to be bound by any future +modifications of the foregoing list of restricted destinations by +amendments to the EAR or other U.S. government regulations. These +requirements shall survive the term or termination of the Agreement. + +TRADE SECRETS; TITLE: You acknowledge and agree that the structure, +sequence and organization of the Software are the valuable trade +secrets of PalmSource and its suppliers. You agree to hold such trade +secrets in confidence. You further acknowledge and agree that +ownership of, and title to, the Software and all subsequent copies +thereof regardless of the form or media are held by PalmSource and its +suppliers. + +UNITED STATES GOVERNMENT LEGEND: The Software is commercial in nature +and developed solely at private expense. The Software is delivered as +"Commercial Computer Software" as defined in DFARS 252.227-7014 (June +1995) or as a commercial item as defined in FAR 2.101(a) and as such +is provided with only such rights as are provided in this License +agreement, which is PalmSource's standard commercial license for the +Software. Technical data is provided with limited rights only as +provided in DFAR 252.227-7015 (Nov. 1995) or FAR 52.227-14 (June +1987), whichever is applicable. + +TERM AND TERMINATION: This License 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 fail +to comply with any term or condition of this License Agreement. Upon +such termination you agree to destroy the Software and documentation, +together with all copies and merged portions in any form. + +GOVERNING LAW: This License Agreement shall be governed by the laws +of the State of California as such laws are applied to agreements +entered into and to be performed entirely within California between +California residents and by the laws of the United States. You agree +that the United Nations Convention on Contracts for the International +Sale of Goods (1980) is hereby excluded in its entirety from +application +to this License Agreement. + +LIMITED WARRANTY: PalmSource warrants the media containing the +Software for a period of ninety (90) days from the date of original +purchase from PalmSource or its authorized retailer. Proof of date of +purchase will be required. Any updates to the Software provided by +PalmSource (which may be provided by PalmSource at its sole +discretion) shall be governed by the terms of this License Agreement. +The sole obligation of PalmSource with respect to this express +warranty shall be (at the discretion of PalmSource) to refund the +purchase price paid by you for the Software on the defective media, or +to replace the Software on new media. Neither PalmSource nor its +suppliers makes any warranty or representation that its software +products will meet your requirements or will work in combination with +any hardware or applications software products provided by third +parties, that the operation of the software products will be +uninterrupted or error free, or that all defects in the +Software will be corrected. + +OBTAINING WARRANTY SERVICE: You must contact PalmSource Technical +Support within the applicable warranty period to obtain warranty +service authorization. Dated proof of original purchase will be +required. PalmSource is not responsible for your products or parts +received without warranty service authorization. + +WARRANTIES EXCLUSIVE: IF THE SOFTWARE MEDIA DOES NOT OPERATE AS +WARRANTED ABOVE, YOUR SOLE REMEDY FOR BREACH OF THAT WARRANTY SHALL BE +REPLACEMENT OF THE SOFTWARE ON NEW MEDIA OR REFUND OF THE PURCHASE +PRICE PAID, AT THE OPTION OF PALMSOURCE AND DEPENDENT UPON PRIOR +AUTHORIZATION. TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING +WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER +WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT +OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, +TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR +PURPOSE, AND SATISFACTORY QUALITY. PALMSOURCE NEITHER ASSUMES NOR +AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN +CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF ITS +PRODUCTS. + +PalmSource shall not be liable under this warranty if its testing and +examination disclose that the alleged defect in the product does not +exist or was caused by your or any third person's misuse, neglect, +improper installation or testing, unauthorized attempts to repair or +modify, or any other cause beyond the range of the intended use, or by +accident, fire, lightning, or other hazards or acts of God. This +warranty does not apply when the malfunction results from the use of +this product in conjunction with accessories, other products, or +ancillary or peripheral equipment and PalmSource determines that there +is no fault with the product itself. + +LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED +BY LAW PALMSOURCE ALSO EXCLUDES FOR ITSELF AND ITS SUPPLIERS +ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT +(INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, +INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR +FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF +INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING +OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, +MAINTENANCE, USE, PERFORMANCE, FAILURE, OR +INTERRUPTION OF THIS PRODUCT, EVEN IF PALMSOURCE OR ITS +AUTHORIZED RESELLER HAS BEEN ADVISED OF THE +POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO +REPLACEMENT OF THE SOFTWARE ON NEW MEDIA, OR REFUND +OF THE PURCHASE PRICE PAID, AT THE OPTION OF PALMSOURCE. THIS +DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE +AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF +ITS ESSENTIAL PURPOSE. + +TRADEMARKS: You acknowledge that PalmSource and its affiliates are +the sole owners of all trademark rights in the marks HotSync, +Graffiti, iMessenger, MultiMail, Palm, Palm OS, PalmModem, Palm.net, +PalmPoint, PalmConnect, PalmSource, Palm Powered and the Palm logos. +You agree to do nothing inconsistent with such ownership. You will +not use "Palm" as part of you company, product, service or domain +names. You acknowledge that this Agreement does not grant any rights +to use any of the foregoing trademarks or any other trademark of +PalmSource or any of its affiliates, even if such marks are included +in any of the materials provided by PalmSource. You may, however, use +the tagline "for Palm OS ®" to indicate compatibility, or, after +meeting Palm OS Developer Program membership and product testing +requirements, use the Palm +Powered Compatible Solution logo to indicate compatibility. + +SEVERABILITY: In the event any provision of this License 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 and a valid, legal and enforceable +provision +of similar intent and economic impact shall be substituted therefor. +The +headings used in this Agreement are for convenience only and shall not +be considered part of the Agreement. + +ENTIRE AGREEMENT: This License Agreement sets forth the entire +understanding and agreement between you and PalmSource, supersedes all +prior agreements, whether written or oral, with respect to the +Software +and subject matter hereof, and may be amended only in a writing signed +by both parties. + +PalmSource, Inc. +1240 Crossman Avenue +Sunnyvale, CA 94089 + |