IMPORTANT-READ CAREFULLY: This proprietary software (“Software”) under license to Janam Technologies LLC (“Licensor”) from its suppliers. Before you can use the Device or the Software, you will need to review and agree to be bound by an end user license agreement or “EULA,” the terms and conditions of which are set forth below. After you have read these terms and conditions, you will be asked whether or not you agree to be bound by them. Click “AGREE” if you agree to be bound. Click “DISAGREE” if you do not agree to be bound. Please know that if you do not agree to be bound by these terms and conditions, you will not be able to utilize the Device or the Software. Further, any use of the Device or Software without your agreeing to the terms and conditions of the EULA is illegal and may subject you to liability and damages.
1.0 Janam Technologies LLC (“Licensor”) grants the end user (“End User”) a nonexclusive license to use the Software accompanying the Device. Part of the accompanying Software is product desktop software (“Licensor Product Desktop Software”). With respect to the Licensor Product Desktop Software, End User may reproduce and provide one (1) copy of such Software for each personal computer or Licensor Product on which such Software is used as permitted hereunder. Part of the accompanying Software is product platform software (“Licensor Product Platform Software”). With respect to the Licensor Product Platform Software, End User may use such Software only on one (1) Licensor Product. End User may assign its right under the End User License Agreement to an assignee of all of End User’s rights and interest to the Software only if End User transfers all copies of the Software subject to the End User License Agreement to such assignee and such assignee agrees in writing to be bound by all the terms and conditions of the End User License Agreement.
2.0 End User acknowledges that the Software contains the valuable trade secrets of Licensor and its suppliers. Accordingly, except as expressly permitted in Section 1 (if at all), End User agrees not to (a) modify, adapt, alter, translate, or create derivative works from, (b) merge with other software or materials, (c) distribute, sublicense, lease, rent, loan, or otherwise transfer to third parties, or (d) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Software; provided, however, that, if and solely to the extent required by applicable law, at End User’s request, Licensor shall provide or ask its third party suppliers to provide information necessary for End User to achieve interoperability between the Software and other End User- provided software or hardware (which information shall be treated for all purposes under this Agreement as the Confidential Information of Licensor), for a nominal administrative charge. End User will not copy the Software except as necessary to use it in accordance with this End User License Agreement. End User agrees that any such copies of the Software shall contain the same proprietary notices which appear on and in the original copy of the Software.
To the extent that laws in End User’s jurisdiction give End User the right, despite contractual restrictions, to reverse engineer the Software to obtain information necessary to enable the Software to interoperate with other software, the restriction in clause (d) will not apply; provided that End User must first notify Licensor of its desire to reverse engineer the Software and Licensor and its suppliers may, in their discretion, either provide such information to End User or impose reasonable terms and conditions on such actions to ensure that Licensor’s and its suppliers’ proprietary rights are protected.
3.0 Except as stated above, the End User License Agreement does not grant End User any rights (whether by license, ownership or otherwise) in or to intellectual property with respect to the Software and all rights not expressly granted herein are reserved to Licensor and its suppliers.
4.0 End User will not export or re-export the Software without all appropriate United States and other foreign government licenses.
5.0 Title to and ownership of the Software and any copy thereof shall remain with Licensor and its suppliers.
6.0 If the Software is licensed for a proposal or agreement with the United States Government or any contractor therefor, the Software must be legended, marked and licensed as described in Section 10.3 (U.S. Government Restricted Rights Legend) of the Agreement.
7.0 PalmSource is a specified third party beneficiary of the end user license.
8.0 EXCEPT FOR ANY LIMITED WARRANTIES PROVIDED BY LICENSOR, NEITHER LICENSOR NOR ITS SUPPLIERS MAKE ANY WARRANTIES, TERMS OR CONDITIONS. EXPRESS, IMPLIED OR STATUTORY, AS TO ANY MATTER WHATSOEVER. IN PARTICULAR, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SATISFACTORY QUALITY, TITLE, AND NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED ON BEHALF OF LICENSOR AND ITS SUPPLIERS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
9.0 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OR LIABILITIES OF ANY KIND OR FOR LOSS OF REVENUE, LOSS OF BUSINESS, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF ANY REPRESENTATIVE OF LICENSOR OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING OR ANYTHING HEREIN TO THE CONTRARY, SOME COUNTRIES, STATES, OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CERTAIN PRODUCTS; THUS, THE LIMITATION OF LIABILITY AND EXCLUSIONS SET FORTH IN THIS AGREEMENT MAY BE LIMITED IN THEIR APPLICATION TO LICENSOLR OR END USER.