From e27ac0cabf6495f0365e0925623515d9c9bc0abb Mon Sep 17 00:00:00 2001 From: wiz Date: Wed, 25 Apr 2001 17:52:45 +0000 Subject: Add PalmOS SDK licenses. --- licenses/palmos-sdk-license | 378 ++++++++++++++++++++++++++++++++++++++++++++ 1 file changed, 378 insertions(+) create mode 100644 licenses/palmos-sdk-license diff --git a/licenses/palmos-sdk-license b/licenses/palmos-sdk-license new file mode 100644 index 00000000000..c999009aa66 --- /dev/null +++ b/licenses/palmos-sdk-license @@ -0,0 +1,378 @@ +There are two licenses in this file, depending on which version of the +SDK you want to use. The first one applies for version 1, 2, and 3.1 +SDKs, the second one for the 3.5 SDK. + +First license (SDK 1, 2, and 3.1): + +===begin IMPORTANT: Read Before Using The Accompanying Software + + +3COM 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 PALM +COMPUTING, INC., A SUBSIDIARY OF 3COM CORPORATION (COLLECTIVELY, +"3COM"), 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: 3Com 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 Computing platform product, provided that the Software is +used only in connection with your development of products for use with +Palm Computing 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 Computing +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 c 1998 3Com Corporation 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 Community ("EC") resident, information necessary to achieve +interoperability of the Software with other programs within the +meaning of the EC Directive on the Legal Protection of Computer +Programs is available to you from 3Com upon written request. + +EXPORT RESTRICTIONS: You agree that you will not export or re-export +the Software or accompanying documentation (or any copies thereof) or +any products utilizing the Software or such documentation in violation +of any applicable laws or regulations of the United States or the +country in which you obtained them. + +TRADE SECRETS; TITLE: You acknowledge and agree that the structure, +sequence and organization of the Software are the valuable trade +secrets of 3Com 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 3Com 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 3Com'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: 3Com warrants the media containing the Software for +a period of ninety (90) days from the date of original purchase from +3Com or its authorized retailer. Proof of date of purchase will be +required. Any updates to the Software provided by 3Com (which may be +provided by 3Com at its sole discretion) shall be governed by the +terms of this License Agreement. The sole obligation of 3Com with +respect to this express warranty shall be (at the discretion of 3Com) +to refund the purchase price paid by you for the Software on the +defective media, or to replace the Software on new media. 3Com makes +no 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 3Com's Palm Computing, +Inc. Customer Service within the applicable warranty period to obtain +warranty service authorization. Dated proof of original purchase will +be required. 3Com is not responsible for your products or parts +received without warranty service authorization. + +WARRANTIES EXCLUSIVE: IF TH 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 3COM 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. 3COM 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. + +3Com 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 3Com determines that there is no +fault with the product itself. + +LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY LAW 3COM 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 3COM 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 3COM. THIS DISCLAIMER OF +LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED +HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE. 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 3Com, 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. + +Palm Computing, Inc., a subsidiary of 3Com Corporation 1565 Charleston +Road Mountain View, California 94043 (650) 237-6000 + +===end + +Second license (for SDK 3.5): + +===begin +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 PALM, +INC.("PALM"), 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: Palm 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 Computing platform product, provided that the Software is +used only in connection with your development of products for use with +Palm Computing 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 Computing +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 (c) 2000 Palm, 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 Palm upon written request. + +EXPORT RESTRICTIONS: You agree that you will not export or re-export +the Software or accompanying documentation (or any copies thereof) or +any products utilizing the Software or such documentation in violation +of any applicable laws or regulations of the United States or the +country in which you obtained them. + +TRADE SECRETS; TITLE: You acknowledge and agree that the structure, +sequence and organization of the Software are the valuable trade +secrets of Palm 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 Palm 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 Palm'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: Palm warrants the media containing the Software for +a period of ninety (90) days from the date of original purchase from +Palm or its authorized retailer. Proof of date of purchase will be +required. Any updates to the Software provided by Palm (which may be +provided by Palm at its sole discretion) shall be governed by the +terms of this License Agreement. The sole obligation of Palm with +respect to this express warranty shall be (at the discretion of Palm) +to refund the purchase price paid by you for the Software on the +defective media, or to replace the Software on new media. Palm makes +no 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 Palm's Customer Service +within the applicable warranty period to obtain warranty service +authorization. Dated proof of original purchase will be required. +Palm is not responsible for your products or parts received without +warranty service authorization. + +WARRANTIES EXCLUSIVE: IF TH 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 PALM 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. PALM 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. + +Palm 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 Palm determines that there is no +fault with the product itself. + +LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY LAW PALM 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 PALM 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 PALM. THIS DISCLAIMER OF +LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED +HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE. 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 Palm, 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. + +Palm, Inc. 5470 Great America Parkway Santa Clara, California 95052 +(408) 326-9000 + +===end -- cgit v1.2.3