You previously acquired a Treo 750 device ("Device") that includes software licensed by Palm, Inc. ("Palm") ("Software"). Portions of the Software are also licensed to Palm from an affiliate of Microsoft Corporation ("MS"). Those installed software products of MS origin, as well as associated media, printed materials, and "online" or electronic documentation (collectively, "MS Software"), together with all other Software, are protected by international intellectual property laws and treaties. The Software is licensed, not sold. The Software and MS Software which are the subject of this end user license agreement are an updated version of the original Software provided to you by Palm with your Device and are provided to you solely for use with your Device as a replacement copy for the existing Software. All rights are reserved. IF YOU DO NOT AGREE TO THIS UPDATE END USER LICENSE AGREEMENT ("LICENSE AGREEMENT"), DO NOT CLICK "I AGREE," PROCEED WITH THE DOWNLOAD OF THIS SOFTWARE AND/OR OTHERWISE USE OR COPY THE SOFTWARE IN ANY MANNER. ANY DOWNLOAD, USE OR COPYING OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO USE ON THE DEVICE, WILL CONSTITUTE YOUR AGREEMENT TO THIS LICENSE AGREEMENT (OR RATIFICATION OF ANY PREVIOUS CONSENT). Software includes updated version of software originally installed on the Device ("Device Software").
GRANT OF SOFTWARE LICENSE. This License Agreement grants you the following license:
Device Software. You may use the Device Software as installed by the update on the Device.
Phone Functionality. All or certain portions of the Device Software may be inoperable if you do not have and maintain a service account with an appropriate wireless telecommunication carrier to whom Palm may distribute its Device ("Mobile Operator"), or if the Mobile Operator's network facilities are not operating or configured to operate with the Device.
Microsoft Outlook . If Microsoft Outlook was included with your Device at the original time of purchase, the following terms apply to your use of Microsoft Outlook: (i) regardless of the information contained in the "Software Installation and Use" section of the online end user license agreement for Microsoft Outlook you may install one (1) copy of Microsoft Outlook on one (1) personal computer to use, exchange data, share data, access and interact with the Device, and (ii) the end user license agreement for Microsoft Outlook is between you and Palm.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
NOTICE REGARDING THE MPEG-4 VISUAL STANDARD. The Device Software may include MPEG-4 visual decoding technology. MPEG LA, L.L.C. requires the following notice:
USE OF THIS SOFTWARE IN ANY MANNER THAT COMPLIES WITH THE MPEG 4 VISUAL STANDARD IS PROHIBITED, EXCEPT FOR USE DIRECTLY RELATED TO (A) DATA OR INFORMATION (i) GENERATED BY AND OBTAINED WITHOUT CHARGE FROM A CONSUMER NOT THEREBY ENGAGED IN A BUSINESS ENTERPRISE, AND (ii) FOR PERSONAL USE ONLY; AND (B) OTHER USES SPECIFICALLY AND SEPARATELY LICENSED BY MPEG LA, L.L.C.
If you have questions regarding this Notice, please contact MPEG LA, L.L.C., 250 Steele Street, Suite 300, Denver, Colorado 80206; Telephone 303 331.1880; FAX 303 331.1879.
Consent to Use of Data. You agree that Palm, MS, Microsoft Corporation, their affiliates and/or their designated agent may collect and use technical and related information gathered in any manner as part of product support services related to the Software. Palm, MS, Microsoft Corporation, their affiliates and/or their designated agent may use this information solely to improve their products or to provide customized services or technologies to you. Palm, MS, Microsoft Corporation, their affiliates and/or their designated agent may disclose this information to others, but not in a form that personally identifies you.
Internet Gaming/Update Features. If the Device Software provides, and you choose to utilize, the Internet gaming or update features within the Device Software, it is necessary to use certain computer system, hardware, and software information to implement the features. By using these features, you explicitly authorize Palm, MS, Microsoft Corporation and/or their designated agent to use this information solely to improve their products or to provide customized services or technologies to you. Palm, MS or Microsoft Corporation may disclose this information to others, but not in a form that personally identifies you.
Internet-Based Services Components. The Device Software may contain components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that MS, Microsoft Corporation, their affiliates and/or their designated agent may automatically check the version of the Device Software and/or its components that you are utilizing and may provide upgrades or supplements to the Device Software that may be automatically downloaded to your Device.
Additional Software/Services. The Device Software may permit Palm, MS, Microsoft Corporation, their affiliates and/or their designated agent to provide or make available to you Software updates, supplements, add-on components, or Internet-based services components of the Software after the date you obtain your initial copy of the Software ("Supplemental Components").
Links to Third Party Sites. The Device Software may provide you with the ability to link to third party sites through the use of the Device Software. The third party sites are not under the control of Palm, MS, Microsoft Corporation, their affiliates and/or their designated agent. None of Palm, MS or Microsoft Corporation nor their affiliates nor their designated agents are responsible for (i) the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites, or (ii) webcasting or any other form of transmission received from any third party sites. If the Device Software provides links to third party sites, those links are provided to you only as a convenience, and the inclusion of any link does not imply an endorsement of the third party site by Palm, MS, Microsoft Corporation, their affiliates and/or their designated agent.
EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. and EU export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information with respect to the MS Software, see http://www.microsoft.com/exporting/.
PRODUCT SUPPORT. Product support for the Software is not provided by MS, its parent corporation Microsoft Corporation, or their affiliates or subsidiaries. For product support, please refer to the support number or other support information provided in the documentation for the Device. Should you have any questions concerning this License Agreement, or if you desire to contact Palm for any other reason, please refer to the address provided in the documentation for the Device.
LIMITED WARRANTY: THE SOFTWARE IS PROVIDED "AS IS" AND WITH ALL FAULTS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT (INCLUDING LACK OF NEGLIGENCE) IS WITH YOU. THERE ARE NO WARRANTIES OR CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES OR NON-INFRINGEMENT, OR WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, ANY AND ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. IF YOU HAVE RECEIVED ANY WARRANTIES REGARDING THE DEVICE OR THE SOFTWARE IN A WARRANTY BOOKLET OR OTHERWISE, THOSE WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON, PALM, MS, MICROSOFT CORPORATION OR THEIR AFFILIATES.
U.S. GOVERNMENT RIGHTS. The Software licensed under this License Agreement is "commercial computer software" as the term is described in 48 C.F.R. 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this License Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 48 C.F.R. 12.211 (Technical Data) of the Federal Acquisition Regulations ("FAR") and its successors. If acquired by or on behalf of any agency within the Department of Defense ("DOD"), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this License Agreement as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement ("DFAR") and its successors.
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.
NO LIABILITY FOR CERTAIN DAMAGES. EXCEPT AS PROHIBITED BY LAW, PALM, MS, MICROSOFT CORPORATION AND THEIR SUPPLIERS AND AFFILIATES SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS 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 so the above limitations and exclusions may be limited in their application to you. When implied warranties may not be excluded in their entirety, they will be limited to the duration of the applicable written warranty. This License Agreement gives you specific legal rights; you may have other rights that may vary depending on local law. Your statutory rights are not affected.
ENTIRE AGREEMENT. This License Agreement, together with the End User License Agreement accompanying the Device at the original time of purchase, sets forth the entire agreement between you and Palm, supersede all prior agreements, whether written or oral, with respect to the Software, and may be amended only in a writing signed by both parties.
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