path: root/licenses/palmos-sdk-license

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