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IMPORTANT:  Read Before Using The Accompanying Software

3COM 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 PALM COMPUTING, INC., A 

SUBSIDIARY OF 3COM CORPORATION (COLLECTIVELY, "3COM"), 

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:  3Com 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 Computing platform product, provided that the 

Software is used only in connection with your development of 

products for use with Palm Computing 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 Computing 

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 c 1998 3Com Corporation 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 Community ("EC") resident, information necessary to achieve 

interoperability of the Software with other programs within the meaning 

of the EC Directive on the Legal Protection of Computer Programs is 

available to you from 3Com 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.

TRADE SECRETS; TITLE:  You acknowledge and agree that the structure, 

sequence and organization of the Software are the valuable trade 

secrets of 3Com 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 3Com 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 3Com'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: 3Com warrants the media containing the Software 

for a period of ninety (90) days from the date of original purchase 

from 3Com or its authorized retailer.  Proof of date of purchase 

will be required.  Any updates to the Software provided by 3Com 

(which may be provided by 3Com at its sole discretion) shall 

be governed by the terms of this License Agreement.  The sole 

obligation of 3Com with respect to this express warranty shall 

be (at the discretion of 3Com) to refund the purchase price paid 

by you for the Software on the defective media, or to replace 

the Software on new media.  3Com makes no 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 3Com's Palm 

Computing, Inc. Customer Service within the applicable warranty 

period to obtain warranty service authorization.  Dated proof of 

original purchase will be required.  3Com 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 3COM 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.  3COM 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.

3Com 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 3Com 

determines that there is no fault with the product itself.    

LIMITATION OF LIABILITY.   TO THE FULL EXTENT ALLOWED 

BY LAW 3COM 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 3COM 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 3COM.  THIS 

DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE 

AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF 

ITS ESSENTIAL PURPOSE.

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 3Com, 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.  

Palm Computing, Inc., a subsidiary of 3Com Corporation

1565 Charleston Road

Mountain View, California 94043

(650) 237-6000