AT&T Wireless Software License Agreement

SOFTWARE LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY:  This Software License Agreement (“Agreement”) is a legal agreement between you (either an individual or a single entity) and AT&T Wireless Services, Inc. (“AWS”) for the AWS software about to be installed (“Software”).  BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE.  Any software included with this product that is not AWS software is licensed to you by its respective provider.  Refer to the license contained in the provider’s software for the terms of use before using such software.

1.	Subject to the terms and conditions of this Agreement, AWS grants you the following rights:  You may install and use a single copy of the Software solely for your individual, personal use.  AWS reserves all rights not expressly granted to you in this Agreement.

2.	You may make a one-time transfer of the Software to another end user.  The transfer must include all component parts, media, printed materials, this Agreement, and if applicable, the Certificate of Authenticity.  The transfer may not be an indirect transfer, such as a consignment.  Prior to the transfer, the end user receiving the Software must agree to all the Agreement terms.  You may not rent, lease, or lend the Software. 

3.	You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.  You may not disclose the results of any benchmark test using the Software to any third party without AWS’ prior written approval.

4.	You agree that (a) the Software is being provided to you to facilitate the use of service(s) provided by AWS; (b) such service(s) are governed by separate agreements, terms, conditions, or other documentation; and (c) your use of such service(s) indicates your agreement to such agreements, terms, conditions, or other documentation.

5.	Without prejudice to any other rights, AWS may terminate this Agreement if you do not abide by its terms and conditions, in which case you agree to destroy all copies of the Software and all of its component parts.

6.	You agree that AWS and its affiliates may collect and use technical information you provide as a part of support services, if any, related to the Software.  AWS agrees not to use this information in a form that personally identifies you.

7.	You acknowledge that the Software is subject to U.S. export laws and regulations.  You agree to comply with all applicable international and national laws and regulations that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, or destination restrictions issued by U.S. and other governments.

8.	To the maximum extent permitted by applicable law, AWS and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any implied warranties, duties, or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with respect to the Software, and the provision of or failure to provide support services.  IN ADDITION, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

9.	TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AWS OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, OR FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF AWS OR ANY SUPPLIER, AND EVEN IF AWS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

10.	By using the Software, you agree that it would be difficult to estimate the amount of damages that could arise out of your use of the Software or a breach of this Agreement.  Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of AWS and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Software, which you agree (a) represents a reasonable estimate of the damages that could be caused by a breach of this Agreement and (b) is not a penalty.  The foregoing limitations, exclusions and disclaimers (including Sections 8 and 9 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

11.	Any software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein.  Any software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with “Restricted Rights” as provided for in FAR, 48 CFR 52.227-14 (June 1987) or DFAR, 48 CFR 252.227-7013 (Oct. 1988), or their successor provisions, as applicable. 

12.	This Agreement is governed by the laws of the State of Washington, and, with respect of any dispute that may arise out of or relate to this Agreement, you consent to the exclusive jurisdiction of the federal and state courts sitting in King County, Washington.  The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Agreement.

13.	The Software is protected by copyright, trademark, and other intellectual property laws and treaties.  AWS or its suppliers own the title, copyright, trademark, and other intellectual property rights in the Software.  The Software is licensed, not sold.

14.	This Agreement constitutes the entire agreement between you and AWS relating to the Software and the support services (if any), and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this Agreement.  To the extent the terms of any AWS policies or programs for support services conflict with the terms of this Agreement, the terms of this Agreement shall control.

Palm, Inc. Software License Agreement

SOFTWARE LICENSE AGREEMENT

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY PALM, INC. (“PALM”) TO YOU, THE ORIGINAL END USER, FOR YOUR 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.

Software products included with this product that are not Palm products are licensed to you by the software provider. Refer to the license contained in the provider’s product for the terms of use before using such products.

LICENSE: Palm grants you a limited, 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 use the Software in any manner not expressly authorized by this License. You acknowledge and agree that ownership of the Software and all subsequent copies thereof regardless of the form or media are held by Palm or its suppliers.  

The Software is licensed for use on any Palm product and/or personal computer, provided that the Software is used only in connection with Palm products. You may reproduce and use one (1) copy of the Desktop Software for each personal computer or Palm product on which such Software is used. You may use the Device Software only on one (1) Palm 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. 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 to another party if such party accepts 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.  

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.

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.

GOVERNING LAW: This License Agreement shall be governed by the laws of the State of California and by the laws of the United States, excluding their conflicts of laws principles. 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.

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.

ENTIRE AGREEMENT: This License Agreement and the accompanying Limited Warranty set forth the entire agreement between you and Palm, 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, Inc. 
400 North McCarthy Boulevard
Milpitas, California 95035
United States of America
(408) 878-9000
www.palm.com

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