PalmOS SDK license
Package: prc-tools
Severity: grave
Version: 0.5.0r-3.1
[cc'ed to debian-legal]
Hi,
I've just been looking at the license for the PalmOS SDK, and I have a
feeling that we may not be able to distribute the SDK with the prc-tools
package. Even if we are, the license is not currently included in the
copyright file, which it needs to be.
Full text of the license is enclosed below.
-- begin included file --
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 included file --
--
Chris
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