Palm App Catalog End-User Terms and Conditions and Application License Agreement
Palm App Catalog End-User Terms and Conditions
PALM APP CATALOG END-USER TERMS AND CONDITIONS
THE FOLLOWING TERMS AND CONDITIONS (ìAGREEMENTî) APPLY TO
YOUR USE OF THE PALM APP CATALOG (ìAPP CATALOGî), YOUR PURCHASE OF
PRODUCTS (EACH, AN ìAPPLICATIONî) THROUGH THE APP CATALOG, AND YOUR
USE OF SUCH APPLICATIONS. BEFORE USING, DOWNLOADING FROM OR OTHERWISE ACCESSING
THE PALM APP CATALOG OR ANY APPLICATION, CAREFULLY READ THIS AGREEMENT. THE APPLICATIONS
PROVIDED THROUGH THE APP CATALOG ARE LICENSED BY THE PROVIDER OF THE
APPLICATION (ìAPPLICATION PROVIDERî) TO YOU, THE
ORIGINAL END USER, SOLELY FOR YOUR PERSONAL USE AS SET FORTH BELOW AND SUBJECT
TO THE APPLICABLE END-USER LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS
AND CONDITIONS OF THIS AGREEMENT, DO NOT USE, DOWNLOAD OR OTHERWISE ACCESS THE APP
CATALOG. USING, DOWNLOADING, OR OTHERWISE ACCESSING ANY PART OF THE APP CATALOG
INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. YOU MUST BE AT LEAST 13
(THIRTEEN) YEARS OF AGE TO USE OR ACCESS THE APP CATALOG. IF YOU ARE AT LEAST
13 BUT UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIANíS
PERMISSION TO USE OR ACCESS THE APP CATALOG.
PLEASE NOTE THAT IF YOU ARE A CONSUMER IN THE EUROPEAN
ECONOMIC AREA OR SWITZERLAND, THIS LICENSE AGREEMENT DOES NOT AFFECT YOUR
STATUTORY RIGHTS. FOR FURTHER INFORMATION ABOUT YOUR STATUTORY RIGHTS CONTACT
YOUR LOCAL AUTHORITY, TRADING STANDARDS DEPARTMENT OR CITIZENS ADVICE BUREAU
(OR LOCAL EQUIVALENT).
APPLICATION LICENSE AGREEMENT: Your use
of each Application that you download through the App Catalog is governed by
the terms of the Application License Agreement between you and the Application
Provider (the ìApplication License Agreementî) set forth
below. If the Application Provider provides an End-User License Agreement (ìEULAî) with the
Application, those terms shall supplement the Application License Agreement. As
between you and the Application Provider, any additional or different terms in
such EULA shall take precedence over the terms in the Application License
Agreement.
PALMíS ROLE IN PROVIDING APPLICATIONS: You agree
that the license you purchase to each Application is a binding agreement
between you and the Application Provider only. The Application Provider is
solely responsible for that Application, the content therein, any terms, conditions
and warranties to the extent that such terms, conditions and warranties have
not been disclaimed, and any claims relating to that Application. You
acknowledge that Palm is acting as agent for the Application Provider in
providing each Application to you and is not a party to the license between you
and the Application Provider. Palm is not responsible for any Application, the
content therein, or any terms, conditions, warranties or claims that you or any
other party may have relating to that Application.
You further acknowledge and agree that Palm is a third
party beneficiary of the Application License Agreement and, any EULA, if so provided.
You acknowledge and agree that Palm will have the right (and will be deemed to
have accepted the right) to enforce such license against you as a third party
beneficiary of those agreements.
RESTRICTIONS: You agree that Palm
and/or third parties own all right, title and interest in and to the App
Catalog and all Applications (including all copyrights and trademarks relating
thereto). Each Application is licensed for use only for a single Palm account,
and you may not distribute or make the Application available over a network or
for use with multiple devices. Except as otherwise provided below, you may not
modify or alter the Application in any way, and may only use the Application as
expressly set forth above and as set forth in the applicable EULA for the
Application. You agree that you will not attempt to, or assist or encourage
any other person or entity to circumvent, disable or modify any security
technology or software that is part of the Application or is used on your Palm
device. Except as set forth above, Palm and the Application Providers reserve
all other rights in or to the Application. If applicable law permits you to
copy or modify the Application, then you may copy and modify the Application solely
to the extent, and for such purposes as, expressly permitted by applicable law.
You agree that you will not engage in any activity that interferes with or
disrupts the App Catalog or services available through Applications you have
downloaded. You further agree that you will not use any Applications you
download to interfere with or otherwise disrupt any servers, networks, websites
or services.
PALM HAS THE RIGHT TO MODIFY, CHANGE OR TERMINATE YOUR
USE OF THE APP CATALOG OR APPLICATIONS FOUND IN THE APP CATALOG: Palm
reserves the right, at its sole discretion and at any time, to add, remove, disable
access to, block, or modify the App Catalog, and to add, remove, disable access
to, block, or modify remotely any Applications previously downloaded to your
device from the App Catalog. Palm may be required to take these actions due
to changes in the obligations or restrictions from its third party licensors or
partners, an Application Providerís serious violation of its agreement with
Palm, or due to any governmental restriction or court order. Palm may also
impose limits on the use of or access to certain features or portions of the App
Catalog or Applications downloaded from the App Catalog, in any case and
without notice or liability. If Palm removes, disables access to, or
otherwise blocks you from accessing an Application, you will need to contact
the Application Provider for further action.
PALM HAS THE RIGHT TO MODIFY THESE TERMS: Palm
reserves the right to modify the terms of this Agreement at its sole discretion
at any time. Any such modification will be effective upon Palm notifying you
prior to your continued use or access of the App Catalog. Your continued use
of the App Catalog after such notice will constitute your binding acceptance of
the Agreement as revised.
FEES AND PAYMENT: Applications are
either available for download at no charge or, where available, require payment
of a specified amount by the end-user (ìPaid-For Applicationsî). For
Paid-For Applications, the App Catalog only accepts credit cards and Mastercard
or Visa branded debit cards (each, a ìCardî). You agree to pay
for all Paid-For Applications you purchase. YOU ARE RESPONSIBLE FOR THE TIMELY
PAYMENT OF ALL FEES AND FOR PROVIDING PALM WITH A VALID CARD FOR PAYMENT OF ALL
FEES. You will be required to provide accurate, current and complete Card information
before you will be permitted to download Paid-For Applications. You authorize
Palm or its agents to charge or debit your Card the specified amount plus any
applicable sales tax for each Paid-For Application you download. Once you
enter a Card, such Card will be used for future transactions unless you
designate a different Card. Debit cards and check cards have daily spending
limits that may prevent the processing of your order. If the transaction is
not accepted online, you will be unable to use that Card for your transaction
and should use another Card.
PRICES: Your total price will include the
price of the Application plus any applicable sales tax. Sales tax will be based
on the billing address and the sales tax rate in effect at the time your
transaction is completed. For international customers, other transaction taxes
may apply. Tax exemptions will not be processed for App Catalog purchases. Palm
reserves the right to change prices for Applications offered through the App
Catalog at any time, and does not provide price protection or refunds in the
event of a temporary or permanent price drop, rebate or other promotion.
REFUNDS: Prices and availability of any
Applications are subject to change at any time. All sales of successfully
downloaded Applications are final and non-refundable.
DELIVERY OF APPLICATIONS: If delivery of an
Application you purchased is interrupted, you will be able to resume or restart
such delivery at no additional charge. On occasion, technical problems may
delay or prevent delivery of an Application. Your exclusive and sole remedy
with respect to such Application that is not delivered within a reasonable
period will be replacement of such Application, or refund of the price paid for
such Application if such Application is no longer available for download.
CUSTOMER SERVICE: For any issues or
questions concerning the App Catalog, please go to www.palm.com and click on the ìSupportî link. Palm
does not provide support for Applications, and the Application Provider is
responsible for providing such support. For any issues or questions concerning
specific Applications, please contact the Application Provider.
RESPONSIBILITY FOR
APP CATALOG ACTIVITIES: You are entirely responsible for all
activities that occur on or through the App Catalog from your device, including
any unauthorized purchases made through your device, and you agree to notify Palm
immediately of any unauthorized use of your device or any other breach of
security. Palm is not responsible for any losses arising out of the unauthorized
use of your device. Palm reserves the right to disable, block, suspend or
otherwise limit your access to the App Catalog in the event of unauthorized use
of your device or if you violate the terms of this Agreement.
CONTENT ACCESSED THROUGH APPLICATIONS: You
acknowledge and agree that certain Applications may provide access to products,
services, web content or other third-party materials (together, ìThird-Party
Contentî) and that Palm is not responsible for such
Third-Party Content. Palm makes no representations or warranties regarding,
and accepts no liability in respect of, such Third-Party Content. You further acknowledge
that by accessing the App Catalog or Applications downloaded through the App
Catalog, you may be exposed to Third-Party Content that contains explicit
language or is offensive, indecent or objectionable to you, and that you may
not be warned about the specific Application or Third-Party Content in advance.
You agree that your downloading and use of all Applications will be at your
sole risk, and Palm shall have no liability to you as a result of any exposure
through such Applications.
INTERNET CONNECTION: Access to and
downloading from the App Catalog requires an internet connection. In addition,
your use of certain Applications may require an internet connection.
REVIEWS: Palm, in its sole discretion, may
permit users to post reviews of Applications on the App Catalog. Such reviews
reflect the opinions of the reviewers and not Palm, and Palm makes no
representations or warranties as to the accuracy or completeness of the
reviews. You agree that Palm shall have no liability to you if you rely on the
reviews to download or use an Application. Palm reserves the right to, but has
no obligation to, remove reviews that Palm deems irrelevant or otherwise inappropriate
for any reason. If you post a review, you hereby grant Palm a perpetual,
worldwide, fully transferable and sub-licensable, irrevocable, royalty-free
license to make, use, sell, market, reproduce, create derivative works of,
distribute, perform, and display the review in any manner and for any purpose.
You acknowledge that your personally identifiable information may be associated
with your review unless you post the review anonymously. If you post a review,
you agree not to post, publish or transmit any material that: (i) is false or
misleading; (ii) is defamatory; (iii) invades anotherís privacy; (iv) is
obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or
harm against any individual or group; (vi) infringes on anotherís rights,
including but not limited to any intellectual property rights; or (vii)
violates, or encourages any conduct that would violate any applicable law or
regulation or would give rise to civil liability.
CONSENT TO USE OF DATA: You agree that Palm,
its affiliates and designated agents may collect and use technical and related
information, gathered in any manner, as part of product support services
related to the App Catalog. Palm, its affiliates and designated agents may use
this information solely to improve its products or to provide customized
services or technologies to you. Palm will collect and use this information in
accordance with its privacy policy (http://www.palm.com/privacy)
and in accordance with applicable data protection laws. Palm, its affiliates
and designated agents may disclose this information to others, but not in a
form that personally identifies you.
REVERSE ENGINEERING: You may not reverse
engineer, decompile, or disassemble the App Catalog or any Applications
downloaded from the App Catalog, except and only to the extent that such
activity is expressly permitted by applicable law.
INDEMNIFICATION: To the maximum extent
permitted by law, you agree to defend, indemnify and hold Palm, its directors,
officers, employees, affiliates, and agents harmless from and against any and
all claims arising out of your breach of this Agreement, your use of the App
Catalog, or your use of any Applications downloaded from the App Catalog.
WARRANTY AND
DISCLAIMERS: EXCEPT AS MAY BE PROVIDED UNDER A WARRANTY FOR NEWLY
PURCHASED DEVICES, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU
EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP CATALOG IS AT YOUR SOLE
RISK AND THAT ACCESS TO THE APP CATALOG IS PROVIDED TO YOU ON AN ìAS ISî AND
ìAS AVAILABLEî BASIS AND WITHOUT ANY WARRANTY OF ANY KIND OR NATURE. PALM DOES
NOT WARRANT THAT USE OF THE APP CATALOG WILL BE UNINTERRUPTED, FAULT-TOLERANT
OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PALM AND ITS
SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED OR STATUTORY TERMS, CONDITIONS OR WARRANTIES,
INCLUDING THOSE AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
ACCURACY, CORRESPONDENCE WITH DESCRIPTION, SATISFACTORY QUALITY AND
NON-INFRINGEMENT. PALM MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
WITH REGARD TO ANY THIRD PARTY SOFTWARE OR OPEN SOURCE SOFTWARE. ALL THIRD
PARTY SOFTWARE AND OPEN SOURCE SOFTWARE IS PROVIDED "AS-IS," WITHOUT
WARRANTIES OF ANY KIND BY PALM.
LIMITATION OF
LIABILITY: NOTHING IN THIS LIMITATION OF LIABILITY LIMITS OR EXCLUDES
PALMíS OR ITS SUPPLIERSí LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY
NEGLIGENCE, FOR REPRESENTATIONS MADE FRAUDULENTLY, OR FOR ANY OTHER LIABILITY
WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, NEITHER PALM NOR ITS SUPPLIERS SHALL BE LIABLE FOR
INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND,
LOSS OF INFORMATION OR DATA, LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER
FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE LICENSE OR USE OF THE APP
CATALOG OR APPLICATIONS DOWNLOADED FROM THE APP CATALOG, WHETHER BASED IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER
THEORY, EVEN IF PALM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
EVEN IF ANY LIMITED REMEDY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
PALMíS ENTIRE LIABILITY SHALL BE LIMITED TO REPLACEMENT, REPAIR, OR REFUND OF
THE PURCHASE PRICE PAID FOR THE APPLICABLE APPLICATION, AT PALMíS OPTION. IN NO EVENT WILL PALM BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY APPLICATION OR
OPEN SOURCE SOFTWARE, EVEN IF PALM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR LOSSES. Some jurisdictions do not allow the exclusion or
limitation of implied warranties, terms or conditions or the limitation of
incidental or consequential damages so the above limitations and exclusions may
be limited in their application to you. For further information about your
statutory rights, please contact your local authority, trading standards
department, citizensí advice bureau or equivalent.
EXPORT RESTRICTIONS: You agree that you
will not export or re-export any Application or accompanying documentation (or
any copies thereof) in violation of any applicable laws or regulations of the
United States. You agree to comply with all applicable United
States and international export laws and regulations. These laws include
restrictions on destinations, end users, and end use. You represent and
warrant that you are not prohibited from receiving exports or services under United
States or other applicable export laws.
TERM AND TERMINATION: This Agreement is
effective until terminated. Palm may terminate this Agreement in whole or as it
applies to your use of any Application if you breach any of the terms of this
Agreement. You may terminate it at any time by ceasing to use the App Catalog,
provided that any terms relating to your use of each Application will survive
unless and until you destroy all copies of such Application and related
documentation. Some jurisdictions do not allow the termination of this type
of Agreement, so the above provision may be limited in its application to you. In
addition, Palm reserves the right to modify, suspend, or discontinue the App
Catalog (or any part or content thereof) at any time with or without notice to
you, and Palm will not be liable to you or to any third party should it
exercise such rights.
SPECIAL RIGHTS FOR THE LICENSE OR USE BY THE U.S.
GOVERNMENT: If an Application is being used by or licensed to the United
States Government, the following shall apply: The Application licensed under
this Agreement is ìcommercial computer softwareî 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
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 (ìFARî) and its
successors. If acquired by or on behalf of any agency within the Department of
Defense (ìDODî), the U.S. Government acquires this commercial computer
software and/ or commercial computer software documentation subject to the
terms of this Agreement as specified in 48 C.F.R. 227.7202-3 of the DOD FAR
Supplement (ìDFARî) and its successors.
GOVERNING LAW: This Agreement shall
be governed by the laws of the State of California and by the federal laws of
the United States, excluding their conflicts of laws provisions. The United
Nations Convention on Contracts for the International Sale of Goods (1980) is
hereby excluded in its entirety from application to this Agreement. If you are
a consumer residing in the European Economic Area or Switzerland, this Agreement
shall be governed by the law of the country in which you reside.
SEVERABILITY: In the event any
provision of this 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.
ENFORCEMENT OF AGREEMENT. Palm reserves the
right to takes any steps it believes to be reasonably necessary or appropriate
to enforce and/or verify compliance with any part of this Agreement. You agree
that Palm has the right, without liability to you, to disclose any information
relating to your use of the App Catalog to law enforcement authorities,
government officials, and/or a third party, as Palm believes is reasonably
necessary or appropriate to enforce and/or verify compliance with any part of
this Agreement.
ENTIRE AGREEMENT: By accepting this Agreement,
you agree that the Agreement (including all incorporated or referenced
documents) set forth the entire agreement between you and Palm, and supersede
all prior agreements, whether written or oral, with respect to the App Catalog
and all Applications, notwithstanding the terms or conditions of any such prior
agreements. If Palm fails to enforce any right or provision in this
Agreement, such failure will not constitute a waiver of such right or
provision.
Palm, Inc.
950 W. Maude Ave.
Sunnyvale CA 94085-2801
United States of America
www.palm.com
LAST UPDATED: February 9, 2010
APPLICATION LICENSE AGREEMENT
THE FOLLOWING TERMS
AND CONDITIONS APPLY TO YOUR USE OF EACH APPLICATION YOU DOWNLOAD FROM THE APP
CATALOG (EACH, AN ìAPPLICATIONî). BEFORE USING ANY APPLICATION,
CAREFULLY READ THIS AGREEMENT.
PLEASE NOTE THAT IF YOU ARE A CONSUMER IN THE EUROPEAN
ECONOMIC AREA OR SWITZERLAND, THIS LICENSE AGREEMENT DOES NOT AFFECT YOUR
STATUTORY RIGHTS. FOR FURTHER INFORMATION ABOUT YOUR STATUTORY RIGHTS CONTACT
YOUR LOCAL AUTHORITY, TRADING STANDARDS DEPARTMENT OR CITIZENS ADVICE BUREAU
(OR LOCAL EQUIVALENT).
The license granted hereunder is granted to you by the
provider of the Application (ìApplication Providerî) and not by Palm, Inc. (ìPalmî). If the Application Provider provides an End User License
Agreement (ìEULAî) with
the Application, those terms shall supplement this Application License Agreement.
As between you and the Application Provider, any additional or different terms
in such EULA shall take precedence over the terms in this Application License
Agreement.
You acknowledge and agree that Palm is a third party
beneficiary of this Application License Agreement and any EULA, if so provided.
You acknowledge and agree that Palm will have the right (and will be deemed to
have accepted the right) to enforce such license against you as a third party
beneficiary of those agreements.
LICENSE GRANT: You are hereby granted a limited, non-transferable license
to use the Application for a single Palm account that you control and solely
for devices operating on webOS. You may not rent, lease, lend, sell,
redistribute or sublicense the Application. You may not reverse engineer,
decompile, or disassemble the Application, except and only to the extent that
such activity is expressly permitted by applicable law. Any attempt to do so
is a violation of the rights of the Application Provider. If you breach this
restriction, you may be subject to prosecution and damages. The terms of the
license will govern any upgrades provided by the Application Provider that
replace and/or supplement the original Application, unless such upgrade is
accompanied by a separate license in which case the terms of that license will
govern. The Application Provider reserves all rights in and to the Application
not expressly granted to you under this Application License Agreement.
CONSENT TO USE OF
DATA: You agree that the Application Provider may collect and use
technical and related information, gathered in any manner, as part of product
support services related to the Application. The Application Provider may use
this information solely to improve its products or to provide customized
services or technologies to you. The Application Provider may disclose this
information to others, but not in a form that personally identifies you.
NO WARRANTY: YOU EXPRESSLY
ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT
ACCESS TO THE APPLICATION IS PROVIDED TO YOU ON AN ìAS ISî AND ìAS AVAILABLEî BASIS
AND WITHOUT ANY WARRANTY OF ANY KIND OR NATURE. THE APPLICATION PROVIDER DOES
NOT WARRANT THAT USE OF THE APPLICATION WILL BE UNINTERRUPTED, FAULT-TOLERANT
OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
APPLICATION PROVIDER EXPRESSLY DISCLAIMS ANY IMPLIED OR STATUTORY TERMS,
CONDITIONS OR WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, ACCURACY, CORRESPONDENCE WITH DESCRIPTION,
SATISFACTORY QUALITY AND NON-INFRINGEMENT. THE APPLICATION PROVIDER MAKES NO WARRANTY OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY SOFTWARE
OR OPEN SOURCE SOFTWARE.
LIMITATION OF LIABILITY: NOTHING IN THIS
LIMITATION OF LIABILITY LIMITS OR EXCLUDES THE APPLICATION PROVIDERíS LIABILITY
FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR REPRESENTATIONS MADE
FRAUDULENTLY, OR FOR ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY
APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
APPLICATION PROVIDER SHALL NOT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL,
INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, LOSS OF INFORMATION OR
DATA, LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS ARISING OUT OF
OR IN CONNECTION WITH THE LICENSE OR USE OF THE APPLICATION, WHETHER BASED IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER
THEORY, EVEN IF THE APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY IS DEEMED TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
APPLICATION PROVIDERíS ENTIRE LIABILITY SHALL BE LIMITED TO REPLACEMENT,
REPAIR, OR REFUND OF THE PURCHASE PRICE PAID FOR THE APPLICATION, AT THE
APPLICATION PROVIDERíS OPTION. IN NO EVENT WILL THE APPLICATION PROVIDER BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY THIRD PARTY
SOFTWARE OR OPEN SOURCE SOFTWARE, EVEN IF THE APPLICATION PROVIDER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions 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.
EXPORT RESTRICTIONS: You agree that you
will not export or re-export the Application or accompanying documentation (or
any copies thereof) in violation of any applicable laws or regulations of the
United States. You agree to comply with all applicable United
States and international export laws and regulations. These laws include
restrictions on destinations, end users, and end use. You represent and
warrant that you are not prohibited from receiving exports or services under United
States or other applicable export laws.
TERM AND TERMINATION: The license is effective until terminated by you
or the Application Provider. Your rights under this license will terminate
automatically without notice from the Application Provider if you fail to
comply with any term(s) of this license. Upon termination of the license, you
shall cease all use of the Application, and destroy all copies, full or
partial, of the Application, including any accompanying documentation.
SPECIAL RIGHTS FOR
THE LICENSE OR USE BY THE U.S. GOVERNMENT: If the Application is
being used by or licensed to the United States Government, the following shall
apply: The Application licensed under this Application License Agreement is
ìcommercial computer softwareî 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 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 (ìFARî) and its
successors. If acquired by or on behalf of any agency within the Department of
Defense (ìDODî), the U.S. Government acquires this commercial computer
software and/ or commercial computer software documentation subject to the
terms of this Application License Agreement as specified in 48 C.F.R.
227.7202-3 of the DOD FAR Supplement (ìDFARî) and its successors.
GOVERNING LAW: This Application
License Agreement shall be governed by the laws of the State of California and
by the federal laws of the United States, excluding their conflicts of laws
provisions. The United Nations Convention on Contracts for the International
Sale of Goods (1980) is hereby excluded in its entirety from application to
this Application License Agreement. If you acquired the Application in the
European Economic Area or Switzerland, this Agreement shall be governed by the
law of the country in which you purchased the Application.
SEVERABILITY: In the event any
provision of this Application 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: By accepting this Application
License Agreement, you agree that such agreement (including all incorporated or
referenced documents) sets forth the entire agreement between you and the
Application Provider, and supersedes all prior agreements, whether written or
oral, with respect to the Application, notwithstanding the terms or conditions
of any such prior agreements. If the Application Provider fails to enforce any
right or provision in this Application License Agreement, such failure will not
constitute a waiver of such right or provision.
LAST UPDATED: February 9, 2010
Application License Agreement
THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOUR USE OF EACH APPLICATION YOU DOWNLOAD FROM THE APP CATALOG (EACH, AN "APPLICATION"). BEFORE USING ANY APPLICATION, CAREFULLY READ THIS AGREEMENT.
The license granted hereunder is granted to you by the provider of the Application ("Application Provider") and not by Palm, Inc. ("Palm"). If the Application Provider provides an End User License Agreement ("EULA") with the Application, those terms shall supplement this Application License Agreement. As between you and the Application Provider, any additional or different terms in such EULA shall take precedence over the terms in this Application License Agreement.
You acknowledge and agree that Palm is a third party beneficiary of this Application License Agreement and any EULA, if so provided. You acknowledge and agree that Palm will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary of those agreements.
LICENSE GRANT: You are hereby granted a limited, non-transferable license to use the Application for a single Palm account that you control and solely for devices operating on webOS. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not reverse engineer, decompile, or disassemble the Application, except and only to the extent that such activity is expressly permitted by applicable law. Any attempt to do so is a violation of the rights of the Application Provider. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by the Application Provider that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. The Application Provider reserves all rights in and to the Application not expressly granted to you under this Application License Agreement.
CONSENT TO USE OF DATA: You agree that the Application Provider may collect and use technical and related information, gathered in any manner, as part of product support services related to the Application. The Application Provider may use this information solely to improve its products or to provide customized services or technologies to you. The Application Provider may disclose this information to others, but not in a form that personally identifies you.
NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT ACCESS TO THE APPLICATION IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND OR NATURE. THE APPLICATION PROVIDER DOES NOT WARRANT THAT USE OF THE APPLICATION WILL BE UNINTERRUPTED, FAULT-TOLERANT OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION PROVIDER EXPRESSLY DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, SATISFACTORY QUALITY AND NON-INFRINGEMENT. THE APPLICATION PROVIDER MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY SOFTWARE OR OPEN SOURCE SOFTWARE.
LIMITATION OF LIABILITY: NOTHING IN THIS LIMITATION OF LIABILITY LIMITS OR EXCLUDES THE APPLICATION PROVIDER?S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR REPRESENTATIONS MADE FRAUDULENTLY, OR FOR ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION PROVIDER SHALL NOT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, LOSS OF INFORMATION OR DATA, LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE LICENSE OR USE OF THE APPLICATION, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER THEORY, EVEN IF THE APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE APPLICATION PROVIDER?S ENTIRE LIABILITY SHALL BE LIMITED TO REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID FOR THE APPLICATION, AT THE APPLICATION PROVIDER?S OPTION. IN NO EVENT WILL THE APPLICATION PROVIDER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY THIRD PARTY SOFTWARE OR OPEN SOURCE SOFTWARE, EVEN IF THE APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions 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.
EXPORT RESTRICTIONS: You agree that you will not export or re-export the Application or accompanying documentation (or any copies thereof) in violation of any applicable laws or regulations of the United States. You agree to comply with all applicable United States and international export laws and regulations. These laws include restrictions on destinations, end users, and end use. You represent and warrant that you are not prohibited from receiving exports or services under United States or other applicable export laws.
TERM AND TERMINATION: The license is effective until terminated by you or the Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Application, and destroy all copies, full or partial, of the Application, including any accompanying documentation.
SPECIAL RIGHTS FOR THE LICENSE OR USE BY THE U.S. GOVERNMENT: If the Application is being used by or licensed to the United States Government, the following shall apply: The Application licensed under this Application 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 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 Application License Agreement as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement ("DFAR") and its successors.
GOVERNING LAW: This Application License Agreement shall be governed by the laws of the State of California and by the federal laws of the United States, excluding their conflicts of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Application License Agreement.
SEVERABILITY: In the event any provision of this Application 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: By accepting this Application License Agreement, you agree that such agreement (including all incorporated or referenced documents) sets fortho the entire agreement between you and the Application Provider, and supersedes all prior agreements, whether written or oral, with respect to the Application, notwithstanding the terms or conditions of any such prior agreements. If the Application Provider fails to enforce any right or provision in this Application License Agreement, such failure will not constitute a waiver of such right or provision.
LAST UPDATED: August 7, 2009
