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 PALMSOURCE, INC. ("PALMSOURCE"), 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: PalmSource 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 OS platform product, provided that the Software is used only in connection with your development of products for use with Palm OS 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 OS 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 © 1996-2003 PalmSource, 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 PalmSource upon written request. EXPORT RESTRICTIONS: The Software supplied hereunder is subject to all pertinent import and export laws of the United States, including specifically the U.S. Export Administration Regulations ("EAR") and the laws of the country in which you obtained them. You agree that you will be solely responsible for compliance with all such laws. In particular, you agree that you will not export, re-export, or transfer,directly or indirectly, to any person, firm or country on the Denied Persons List, Entity List, Debarred Parties or Specially Designated Nationals lists or to Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Federal Republic of Yugoslavia (Serbia only), Sudan, or Syria or any other country or entity designated by the U.S. Government as prohibited by U.S. law, or nationals thereof, and that you are not located in such a country or on such a list. You agree that you will not transfer, export or re-export, directly or indirectly, for use or to users in military or proliferation activities (Nuclear, Missile, Chemical or Biological Weapons) without U.S. Government authorization (by export license or regulation). You agree that, upon request, you will provide additional end use/end user information or written acceptance of requirements and responsibilities to comply with U.S. export license requirements. You agree to be bound by any future modifications of the foregoing list of restricted destinations by amendments to the EAR or other U.S. government regulations. These requirements shall survive the term or termination of the Agreement. TRADE SECRETS; TITLE: You acknowledge and agree that the structure, sequence and organization of the Software are the valuable trade secrets of PalmSource 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 PalmSource 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 PalmSource'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: PalmSource warrants the media containing the Software for a period of ninety (90) days from the date of original purchase from PalmSource or its authorized retailer. Proof of date of purchase will be required. Any updates to the Software provided by PalmSource (which may be provided by PalmSource at its sole discretion) shall be governed by the terms of this License Agreement. The sole obligation of PalmSource with respect to this express warranty shall be (at the discretion of PalmSource) to refund the purchase price paid by you for the Software on the defective media, or to replace the Software on new media. Neither PalmSource nor its suppliers makes any 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 PalmSource Technical Support within the applicable warranty period to obtain warranty service authorization. Dated proof of original purchase will be required. PalmSource is not responsible for your products or parts received without warranty service authorization. WARRANTIES EXCLUSIVE: IF THE 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 PALMSOURCE 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. PALMSOURCE 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. PalmSource 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 PalmSource determines that there is no fault with the product itself. LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY LAW PALMSOURCE 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 PALMSOURCE 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 PALMSOURCE. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE. TRADEMARKS: You acknowledge that PalmSource and its affiliates are the sole owners of all trademark rights in the marks HotSync, Graffiti, iMessenger, MultiMail, Palm, Palm OS, PalmModem, Palm.net, PalmPoint, PalmConnect, PalmSource, Palm Powered and the Palm logos. You agree to do nothing inconsistent with such ownership. You will not use "Palm" as part of you company, product, service or domain names. You acknowledge that this Agreement does not grant any rights to use any of the foregoing trademarks or any other trademark of PalmSource or any of its affiliates, even if such marks are included in any of the materials provided by PalmSource. You may, however, use the tagline "for Palm OS ®" to indicate compatibility, or, after meeting Palm OS Developer Program membership and product testing requirements, use the Palm Powered Compatible Solution logo to indicate compatibility. 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 PalmSource, 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. PalmSource, Inc. 1240 Crossman Avenue Sunnyvale, CA 94089