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Limited Warranty and Software Agreement Page 11
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; LIMITATION OF LIABILITY: All warranties and limitations of liability
applicable to the Software are as stated on the Limited Warranty Card or in the product manual
accompanying the Software. Such warranties and limitations of liability are incorporated herein in
their entirety by this reference.
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.
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 may be amended only in a writing signed by both parties.
Palm Computing, Inc., a subsidiary of 3Com Corporation
5400 Bayfront Plaza
PO Box 58007
Santa Clara, California 95052-8007
United States of America
(408) 326-5000
September 3, 1998