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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, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID, AT 3COM’S OPTION. THIS DISCLAIMER OF LIABILITY FOR
DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE.
DISCLAIMER: Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or
consequential damages for certain products supplied to consumers, or the limitation of liability for personal injury, so the above limitations and
exclusions may be limited in their application to you. When the implied warranties are not allowed to be excluded in their entirety, they will be
limited to the duration of the applicable written warranty. This warranty gives you specific legal rights which may vary depending on local law.
GOVERNING LAW: This Limited Warranty shall be governed by the laws of the State of California, U.S.A. excluding its conflicts of laws
principles and excluding the United Nations Convention on Contracts for the International Sale of Goods.
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
May 20, 1999
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. IT CONTAINS
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 license to use the accompanying software program(s) (the “Software”) subject to the terms and
restrictions set forth in this License Agreement. You are not permitted to lease or rent (except under separate mutually agreeable terms set forth in
writing), distribute or sublicense the Software or to use the Software in a time-sharing arrangement or in any other unauthorized manner. Further,
no license is granted to you in the human readable code of the Software (source code). Except as provided below, 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 3Com product, provided that the Software is used only in connection
with 3Com products. With respect to the Desktop Software, you may reproduce and provide one (1) copy of such Software for each personal
computer or 3Com product on which such Software is used as permitted hereunder. With respect to the Device Software, you may use such
Software only on one (1) 3Com product. Otherwise, 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.
Notwithstanding any other provision of this License Agreement, this License Agreement shall not be deemed to apply to the Adobe
®
Acrobat
®
Reader
software or any other applications software licensed to you by third parties that is included on the same media as 3Com’s Software (“Other Software”)
if the Other Software provides that the use of the Other Software is subject to the terms and conditions of the third party’s license agreement.
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.
The software covered by this agreement may contain strong data encryption code which cannot be exported outside of the U.S. or Canada. You
agree that you will not export/reexport, either physically or electronically, the encryption software or accompanying documentation without
obtaining written authorization from the U.S. Department of Commerce.
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.
3Com end user software license agreement