Support

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.

Third Party Software Products. Software products included with the Device that are not Palm products or MS Software 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. Additionally, such third party software included or available via a link may contain a variety of functions that may implement third party technologies for various industry standards. Implementations of other third party technology in accordance with such standards, or the standard enabled platforms, may require licenses from various entities. Such licenses are not provided by Palm and you should contact the provider of such software for more information. You solely are responsible for obtaining any such licenses and the licenses granted herein are conditioned on your obtaining such additional licenses.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

• Speech/Handwriting Recognition. If the Device Software includes speech and/or handwriting recognition component(s), you should understand that speech and handwriting recognition are inherently statistical processes and that errors can occur in the component's recognition of your handwriting and the final conversion into text. Neither Palm nor its suppliers shall be liable for any damages arising out of errors in the speech and handwriting recognition process.
• Limitations on Reverse Engineering, Decompilation and Disassembly. 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.
• Single Device. The Device Software is licensed with the Device as a single integrated product. The Device Software installed in read only memory (ROM) of the Device may only be used as part of the Device.
• Speech-enabled Functionality. This License Agreement does not grant to you any rights to use the Device Software to produce, develop, or create any other speech-enabled functionality or technology. You may not use the Speech Applications Programming Interface (SAPI) that accompanies the Device Software for any purpose other than the specific use that is granted to you pursuant to the terms herein.

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.

• Rental. You may not rent, lease, lend or provide commercial hosting services with the Software to others.
• Device Software Transfer. The Device Software is licensed with the Device as a single integrated product. The Device Software installed in read only memory ("ROM") of the Device may only be used as part of the Device. Its component parts may not be separated for use on more than one Device, unless expressly permitted otherwise in this License Agreement. You may not permanently transfer any of your rights under this License Agreement with regard to the Device Software, except as permitted by the applicable Mobile Operator if such permission is required by the Mobile Operator. In the event that the Mobile Operator permits such transfer, you may permanently transfer all of your rights under this License Agreement only as part of a sale or transfer of the Device, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, this License Agreement and, if applicable, the Certificate(s) of Authenticity), and the recipient agrees to the terms of this License Agreement. If the Software is an upgrade, any transfer must include all prior versions of the Software.
• Termination. Without prejudice to any other rights, Palm (or MS with respect to any MS Software) may terminate this License Agreement if you fail to comply with the terms and conditions of this License Agreement. In such event, you must destroy all copies of the Software and all of its component parts.
• Security Updates/Digital Rights Management. Content providers are using the digital rights management technology ("DRM") contained in your Device to protect the integrity of their content ("Secure Content") so that their intellectual property, including copyright, in such content is not misappropriated. Portions of the Device Software and third party applications such as media players use DRM to play Secure Content ("DRM Software"). If the DRM Software's security has been compromised, owners of Secure Content ("Secure Content Owners") may request that MS block the ability of DRM license servers and personal computers to deliver new licenses that enable an affected Device to play Secure Content. This action does not alter the DRM Software's ability to play unprotected content. A list of revoked DRM Software is sent to your Device whenever you download a license for Secure Content from the Internet or from your personal computer. You therefore agree that MS may, in conjunction with such license, also download revocation lists onto your Device on behalf of Secure Content Owners. MS will not retrieve any personally identifiable information, or any other information, from your Device by downloading such revocation lists.

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").

• If Palm provides or makes available to you Supplemental Components and no other License Agreement terms are provided along with the Supplemental Components, then the terms of this License Agreement shall apply.
• If MS, Microsoft Corporation, their affiliates and/or their designated agent make available Supplemental Components, and no other License Agreement terms are provided, then the terms of this License Agreement shall apply, except that the MS, Microsoft Corporation or affiliate entity providing the Supplemental Component(s) shall be the licensor of the Supplemental Component(s).
• Palm, MS, Microsoft Corporation, their affiliates and/or their designated agent reserve the right to discontinue any Internet-based services provided to you or made available to you through the use of the Device Software.

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.

INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the Software), the accompanying printed materials, and any copies of the Software, are owned by Palm, MS or their suppliers (including Microsoft Corporation in the case of MS), as applicable. The Software is licensed, not sold. You may not copy the printed materials accompanying the Software. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This License Agreement grants you no rights to use such content. All rights not specifically granted under this License Agreement are reserved by Palm, MS and their suppliers (including Microsoft Corporation in the case of MS), as applicable. You must reproduce and include all copyright notices and any other proprietary rights notices appearing on the Software on any copies that you make. Except as set forth above, this License Agreement does not grant you any rights, whether by license, ownership or otherwise, in or to the Software. Use of any on-line services which may be accessed through the Software may be governed by the respective terms of use relating to such services. If this Software contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation.

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.

Palm, Inc.
950 W. Maude Ave.
Sunnyvale, California 94085
United States of America
www.Palm.com