PalmSource, Inc. 

PALMSOURCE END USER LICENSE AGREEMENT

THIS PALMSOURCE END USER LICENSE AGREEMENT (THIS "Agreement"), SETS FORTH THE TERMS AND CONDITIONS ON WHICH PALMSOURCE, INC. ("PalmSource") AGREES TO PROVIDE THE INDIVIDUAL OR COMPANY EXECUTING THIS AGREEMENT ("You") THE SOFTWARE (DEFINED BELOW).  THIS AGREEMENT SUPERCEDES ANY OTHER END USER LICENSE AGREEMENT OR OTHER TERMS AND CONDITIONS THAT MAY BE PACKAGED WITH OR OTHERWISE PROVIDED IN CONNECTION WITH THE SOFTWARE.

TO EXECUTE THIS AGREEMENT, CLICK THE "I AGREE" BUTTON BELOW.  BY DOING SO YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT IN A LEGALLY BINDING MANNER.  IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK ON THE "I AGREE" BUTTON AND DO NOT ATTEMPT TO DOWNLOAD, ACCESS OR OTHERWISE USE THE SOFTWARE OR ANY OTHER MATERIALS RELATED THERETO. 

IF YOU ARE OBTAINING THE SOFTWARE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY (A "COMPANY"), YOU REPRESENT TO PALMSOURCE THAT YOU ARE DULY AUTHORIZED TO REPRESENT THE COMPANY AND ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT ON BEHALF OF COMPANY.  BY EXECUTING THIS AGREEMENT AS SET FORTH BELOW, A BINDING CONTRACT IS FORMED BETWEEN PALMSOURCE AND THE COMPANY AND THE TERM "YOU" AS USED HEREIN SHALL MEAN THE COMPANY.

NOTWITHSTANDING ANY OF THE FOREGOING, IF YOU HAVE ENTERED INTO A PALM OS LICENSE AGREEMENT WITH PALMSOURCE OR ANY OF ITS PREDECESSORS (AN "OS LICENSE AGREEMENT"), YOUR USE AND ALL MODIFICATIONS OF ANY SOFTWARE SHALL OBTAINED UNDER OR IN CONNECTION WITH THE PROGRAM BE GOVERNED SOLELY BY THE TERMS OF YOUR OS LICENSE AGREEMENT AND NOT ANY OF THE TERMS OF THIS AGREEMENT.   

1. Software.  This Agreement governs Your access and use of released versions of the software made available under this Agreement; any installation manuals, user guides or other documentation related thereto provided by PalmSource (collectively "Documentation"); and, unless otherwise expressly indicated by PalmSource, includes any updates, upgrades and new releases of such software and documentation obtained from PalmSource (all of the foregoing, collectively, the "Software").  Software may include, Software Development Kits (SDKs), Conduit Development Kits (CDKs), Palm OS Emulator, Simulator, and Sample Code among others.  As further indicated below, certain formats, portions or types of Software (e.g., Software provided on an evaluation basis) are subject to particular restrictions of this Agreement.  This Agreement does not cover pre-released, beta or other prototype software or software versions, which may be offered by PalmSource pursuant to a separate Prototype License Agreement.

2. License.  Subject to Your compliance with the terms and conditions of this Agreement:

 (a) Software License — PalmSource hereby grants You a personal, non-exclusive, non-sublicenseable, non-transferable, and non-assignable license to execute and use the Software only in object code form and solely:  (i) in accordance with the Documentation; (ii) to develop separate applications ("Developed Applications") for products using the Palm OS operating system as its operating system ("Palm OS Platform Product"); (iii) to test, evaluate and demonstrate the Developed Applications and publish screenshots of the Developed Applications; and (iv) to incorporate "static library" components of the Software (the "Static Libraries") into the Developed Applications and to distribute such Developed Applications; provided, however, that You (A) incorporate the Static Libraries solely in the form in which the libraries have been provided by PalmSource; and (B) reproduce and include the copyright notice that appears in such static library as provided by PalmSource.

 (b) Copies –  PalmSource hereby grants You a personal, non-exclusive, non-sublicenseable, non-transferable, and non-assignable limited license to make only as many copies of the Software as are reasonably necessary to effectuate the foregoing uses of the Software; provided, however, that You must accurately and completely reproduce and include on all such copies any and all copyright, proprietary, and any other notices and legends that appear on the Software as provided by PalmSource. 

 (c) Sample Source Code - The Software may contain 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").  PalmSource hereby grants You a personal, non-exclusive, non-sublicenseable, non-transferable, and non-assignable to:  (i) use the Sample Source Code internally to develop, test, evaluate and demonstrate the Developed Applications as set forth in Section 2(a) above; and (ii) incorporate the Sample Source Code into the Developed Applications and distribute Developed Applications, provided that You include the copyright notice that appears in the Sample Source Code as provided by PalmSource.  No license is granted to You in the human readable code of the Software (source code), except as expressly set forth in this Section 2(c).   

 (d) Third Party Software – (i) PalmSource may provide as part of or in connection with the Software:  (A) third party software subject to separate third party license terms and conditions ("Third Party Terms") including, for example, Java™ Runtime Environment Software which is subject to the licensing requirements of Sun Microsystems, Inc. set forth on Appendix A to this Addendum; and (B) "open source" software subject to the terms and conditions of publicly available licenses (the "Open Source Terms") including, for example, Palm OS Emulator, which is provided under the GNU General Public License (Version 2, June 1991) available at http://www.gnu.org/licenses/gpl.html.  (ii) You acknowledge and agree that:  (A) such third party and open source software are governed exclusively by the applicable Third Party Terms and Open Source Terms, as applicable; (B) such terms are solely between you and the applicable licensor and PalmSource has no obligation or liability with respect to such software under the Agreement. (iii) You agree that You will not (and will not permit or encourage any third party to) use such open source Software in a manner that would "taint" any other Software including, for example, in any manner that might require such other Software (or portion thereof) be distributed or made available free of charge, in source code form, or under any Open Source Terms.

3. Restrictions on Use.

 (a) General Restrictions – Unless (and solely to the extent) expressly permitted under Section 2, You may not (and may not permit or encourage any third party to):  (i) copy, duplicate or otherwise reproduce the Software in any manner; (ii) use the Software in connection with the development of any products other than Developed Applications that are used with Palm OS Platform Products; (iii) distribute, network, sublicense, lease, rent, loan, assign, convey or otherwise transfer the Software (or any copy or component thereof) or any rights thereto to any third party (except solely to the extent expressly permitted with respect to the Static Libraries and Sample Source Code under Section 2(a) and Section 2(c), respectively); (iv) remove, alter or obscure any product identification, trademark, copyright, confidentiality, proprietary or other notices or legends contained on or within the Software; (v) use the Software for time-sharing or service bureau purposes or in any other manner not expressly permitted hereunder; or (vi) incorporate the Software (or any copy or portion thereof) into any of Your products (except solely to the extent expressly permitted with respect to the Static Libraries and Sample Source Code under Section 2(a) Section 2(c), respectively).

 (b) Modification and Reverse Engineering – Unless (and solely to the extent) expressly permitted under Section 2, You may not (and may not permit or encourage any third party to):  (i) reverse engineer, disassemble or decompile the Software, or any part thereof, or otherwise attempt to derive source code; or (ii) create any alteration, adaptation, modification, translation, improvement or derivative work of the Software (a "Derivative").  If applicable law permits any of the foregoing notwithstanding such prohibition, You agree to first request in writing that PalmSource provide such information as is necessary to achieve interoperability without modifying or reverse engineering the Software.  If and only if PalmSource declines Your request then, notwithstanding anything to the contrary, You may reverse engineer the Software solely to the extent, and for such purposes as, expressly permitted by applicable law. 

 (c) Transmission and Posting – Without limiting the generality of the foregoing, You may not (and may not permit or encourage any third party to) transmit any Software, Confidential Information (defined below), or other information, materials and documents made available to You in connection with this Agreement (collectively, "PalmSource Materials") over a network or from one computer to another (other than on a limited basis over Your local area network), or upload the PalmSource Materials or other Confidential Information to electronic bulletin boards, web sites, or otherwise distribute them (or any portion thereof), whether electronically, or on tangible media.

 (d) Cooperation – You shall cooperate with PalmSource, and shall render all reasonable assistance requested by PalmSource, to assist PalmSource in preventing and identifying any use of, or access to, the Software in violation of this Agreement.

4. Intellectual and Proprietary Rights.

 (a) Rights in Software – Intellectual property rights in the Software are protected under the copyright laws of the United States and other applicable jurisdictions (including international treaties) as well as other United States, foreign and international laws, regulations and treaties for the protection of intellectual, proprietary and industrial property.  PalmSource and its licensors shall have and retain sole and exclusive right, title and interest in and to the Software, including any and all copies and portions thereof and all intellectual property rights therein.  PalmSource and its licensors retain all rights not expressly granted herein.  You acknowledge and agree that the Software (including all copies provided to or made by or for You) is licensed and not sold to You.  

 (b) Rights in Supportive Information and Derivatives - Any ideas, bug reports, feedback regarding usability, and any other suggestions and feedback provided by or on behalf of You with respect to the Software ("Supportive Information") as well as any Derivatives of the Software made by or for You (whether or not permitted hereunder) including any and all intellectual property therein and thereto, shall be the sole and exclusive property of PalmSource or its licensors. 

 (c) Assignment of Rights - You irrevocably agree to assign, and hereby assign, all right, title, and interest worldwide in the Supportive Information or Derivatives and all intellectual property rights therein to PalmSource and agree to assist PalmSource, at PalmSource's expense, in perfecting, recording and enforcing such rights.  To the extent that such assignment is invalid under applicable law, You irrevocably agree to grant, and hereby grant, to PalmSource an exclusive, transferable, sub-licensable, unlimited, perpetual, and worldwide license to use, copy, and otherwise utilize or commercialize such Supportive Information and Derivatives in any manner known or conceived in the future.

5. U.S. Government Restricted Rights.  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 Agreement, which is PalmSource'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.  Contractor/Manufacturer of the Software is PalmSource, Inc., 1240 Crossman Avenue, Sunnyvale, California 94089, U.S.A.

6. Technical Support.  PalmSource is not obligated to provide technical or other support for the Software or otherwise in connection with this Agreement including, without limitation, any obligation to develop or provide any updates or revisions to any Software or any other materials, documentation, information or tools provided hereunder.  Technical support may be made available, if at all, pursuant to a separate agreement between You and PalmSource.

7. Termination. 

 (a) Term of Agreement – This Agreement is effective as of the date You accept this Agreement and will continue until terminated as set forth herein. 

 (b) Termination - Without prejudice to any other rights or remedies available to PalmSource:  (i) this Agreement will automatically terminate upon Your failure to comply with any term or condition of this Agreement; and (ii) PalmSource may at any time terminate this Agreement (or the licenses granted hereunder with respect to any Software), with or without cause, immediately upon written or e-mail notice to You. You may terminate this Agreement at any time.  

 (c) Effect of Termination - Upon termination of this Agreement for any reason:  (i) all rights and benefits granted to You under this Agreement shall revert to PalmSource; and (ii) within seven (7) days of such termination of this Agreement (or the licenses granted with respect to any Software) (A) You shall deliver to PalmSource or destroy all existent copies of the applicable Software and related Confidential Information regardless of form or medium, and (B) You shall deliver to PalmSource a written certification by Your authorized representative that all tangible copies of the Software and any related Confidential Information have been returned to PalmSource or completely destroyed and that all electronic memories have been purged of any such Software and/or Confidential Information.  All of Your obligations under this Agreement will remain binding upon You until You have fully complied with the foregoing requirements of this Section concerning the return of the Software and all other applicable materials.  Following termination of this Agreement or license with respect to any Software for any reason, the provisions of Sections 1, 2(d), 3, 4, 5, 6, this 7(c), 8, 9, 10, 11, 12, 13 and 14 shall survive in accordance with their terms.

8. Trademarks and Endorsement. 

 (a) No Trademark License - You acknowledge that this Agreement does not grant You any rights to use any of the corporate names, trademarks, service marks, certification marks trade names, slogans, logos or other designation of PalmSource, its parent corporation or any of its subsidiaries or affiliates (collectively, any "Palm Marks") even if such marks appear on or in the Software or are otherwise included in any materials provided to You in connection with this Agreement.

 (b) No Adoption or Use - You agree not to adopt, use or register any corporate name, trademark, service mark, certification mark, trade name, slogan, logo or other designation similar to, or containing in whole or in part, any Palm Marks.  Without limiting the foregoing, You agree not to use "PalmSource" or "Palm" as part of Your corporate name, trade name, product names or second-level domain names either during the term of this Agreement or afterwards. 

 (c) No Endorsement - You agree that unless you otherwise receive the express prior written authorization of PalmSource, you will not market any Developed Applications in any manner that implies that PalmSource or its suppliers endorse such products. 

9. Confidentiality.

 (a) Confidential Information – As used herein, "Confidential Information" means all confidential and proprietary information and trade secrets of PalmSource (including, without limitation all Software and any information concerning the Software) including their nature and existence, whether such information and secrets are in tangible, electronic or other intangible form and regardless of format, stage of completion, labeling or manner of disclosure; excluding, however, information that:  (i) is now generally available to the public through no fault or breach on the part of You; (ii) You can demonstrate to have had rightfully in Your possession prior to disclosure to You by PalmSource with written records; (iii) is independently developed by You without the use of or reference to such information; or (iv) You rightfully obtain from a third party who has the right to transfer or disclose it without breach or violation of any obligation of confidentiality. 

 (b) Nondisclosure and Non Use - You will not disclose, publish, or disseminate Confidential Information to anyone other than those of Your employees with a demonstrable need to know and who have binding, written, confidentiality obligations with You that protect such Confidential Information against unauthorized use and disclosure.  You further agree to:  (i) take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Confidential Information; (ii) accept Confidential Information for the sole purpose of effecting the permitted uses of the Software as set forth in this Agreement; or (iii) not use Confidential Information otherwise for Your own or any third party's benefit without the prior written approval of an authorized representative of PalmSource in each instance.  

 (c) Permitted Disclosure - You may, subject to prior written notice to PalmSource, disclose Confidential Information to a governmental entity or court of competent jurisdiction to the minimum extent necessary to comply with a lawful requirement or request of such entity or court; provided, however, that You:  (i) provide adequate prior written notice to PalmSource; (ii) take all reasonable measures to guard against further disclosure (including without limitation, seeking appropriate confidential treatment or a protective order, or assisting PalmSource to do so); and (iii) allow PalmSource to participate in any proceeding that requires the disclosure. 

 (d) Your Information - When communicating with PalmSource for any purposes in connection with this Agreement, You agree not to provide PalmSource with any information, including that information incorporated in your software, that is confidential to You or any third party.  Any notice, label or legend to the contrary contained in any materials provided by You to PalmSource shall be without effect.  PalmSource shall be free to use all information provided by You in any manner it deems appropriate. 

10. Verification of Compliance.  PalmSource reserves the right to audit Your use of the Software no more than once annually at PalmSource's expense.  PalmSource shall schedule any audit at least forty-five (45) days in advance. Any such audit shall be conducted during regular business hours at Your facilities and shall not unreasonably interfere with Your business activities. 

11. DISCLAIMER OF WARRANTIES.  

 (a) NO WARRANTIES - YOUR USE OF ALL SOFTWARE PROVIDED IN CONNECTION WITH THIS AGREEMENT IS AT YOUR OWN RISK AND IS PROVIDED "AS IS", "WITH ALL FAULTS" AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND.  PALMSOURCE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND SATISFACTORY QUALITY.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PALMSOURCE OR ANY OF ITS AGENTS SHALL CREATE ANY WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

 (b) ADDITIONAL DISCLAIMERS - NEITHER PALMSOURCE NOR ITS SUPPLIERS WARRANT THAT ANY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE (OR THAT ANY DEFECTS WILL BE CORRECTED) OR MAKE ANY WARRANTIES REGARDING THE USE OR THE RESULTS OF THE SOFTWARE INCLUDING WITH RESPECT TO CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.  YOU ACKNOWLEDGE THAT IF YOU USE ANY SOFTWARE WITH A LOCALIZED (I.E. NON-ENGLISH) VERSION OF THE PALM OS OPERATING SYSTEM FOR PALM PRODUCTS, PALMSOURCE MAY NOT HAVE TESTED THE INTEROPERABILITY OF THE SOFTWARE WITH SUCH VERSIONS.

 (c) THIRD PARTY INFORMATION - MENTION OF THIRD PARTIES AND THIRD PARTY PRODUCTS IN ANY MATERIALS, ADVERTISING, PROMOTIONS OR COUPONS PROVIDED TO YOU WITH RESPECT TO THE SOFTWARE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT IS FOR INFORMATIONAL PURPOSES ONLY AND CONSTITUTES NEITHER AN ENDORSEMENT NOR A RECOMMENDATION.  ALL THIRD PARTY PRODUCT SPECIFICATIONS AND DESCRIPTIONS ARE SUPPLIED BY THE APPLICABLE THIRD PARTY.  PALMSOURCE ASSUMES NO RESPONSIBILITY WITH REGARD TO THE SELECTION, PERFORMANCE, OR USE OF THESE VENDORS OR PRODUCTS. ALL UNDERSTANDINGS, AGREEMENTS OR WARRANTIES, IF ANY, TAKE PLACE DIRECTLY BETWEEN THE VENDORS AND THE PROSPECTIVE USERS.  

12. LIMITATION OF LIABILITY.  PALMSOURCE AND ITS SUPPLIERS SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY (WHETHER BASED IN CONTRACT OR TORT, NEGLIGENCE, STATUTE OR OTHER LEGAL THEORY) WITH RESPECT TO ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SOFTWARE (OR ANY SERVICES OR MATERIALS PROVIDED IN CONNECTION THEREWITH) FOR:

 (a) ANY 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; OR

 (b) ANY AMOUNTS EXCEEDING TWO HUNDRED AND FIFTY DOLLARS ($250);

EVEN IF PALMSOURCE OR ANY OF ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 

13. QUALIFICATION OF DISCLAIMERS AND LIMITATION.  THE LIMITATIONS AND DISCLAIMERS IN SECTIONS 11 AND 12 ARE MADE TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.  YOU ACKNOWLEDGE AND AGREE THAT SUCH DISCLAIMERS AND LIMITATIONS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT AND ACCURATELY REFLECTS THE ALLOCATION OF RISK EXPRESSLY AGREED TO BY THE PARTIES.  NOTWITHSTANDING THE FOREGOING, 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 MAY BE LIMITED IN THEIR APPLICATION TO YOU.

14. General Provisions. 

 (a) Taxes - You are solely responsible for any taxes, duties or fees, if any, which may be assessed on the Software or Your use thereof or Your performance under this Agreement. You shall be responsible for paying any such taxes, duties and fees assessed against PalmSource except for those applicable to PalmSource's net income or payroll.

 (b) Your Consideration - The rights and licenses granted herein are subject to Your compliance with the terms and conditions of this Agreement.  You acknowledge and agree that Your sole and exclusive consideration for Your performance under this Agreement are the rights and licenses granted herein and that You shall not become entitled to any remuneration, reimbursement or other consideration from PalmSource. 

 (c) Injunctive Relief - You acknowledge and agree that the copying, disclosure or use of the Software or any information, materials or services provided hereunder in a manner inconsistent with any provision of this Agreement shall cause irreparable injury to PalmSource for which PalmSource will not have an adequate remedy at law.  Accordingly, PalmSource shall be entitled to equitable relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions. 

 (d) No Partnership – The parties undertake their respective obligations under this Agreement as independent contractors. This Agreement does not, and is not intended to, create any employment, agency, distributorship, franchise, joint venture, legal partnership or other similar legal relationship between PalmSource and You.  Neither party will have any right or authority to act on behalf of, or to bind, the other party and neither party will represent to any third party that it has such right or authority.

 (e) Non-Exclusivity; Freedom of Action – This Agreement is not exclusive in any respect. Each party may enter into similar agreements with other parties. You acknowledge that PalmSource intends to enter into similar agreements with other companies who may compete directly or indirectly with You or Your products.  In the absence of a separate written agreement to the contrary, PalmSource will be free to use any information provided by You to PalmSource for any purpose, subject to any applicable patents or copyrights.

 (f) No Assurances – PalmSource makes no representation or warranty that You will succeed in licensing or selling any of Your products to any present or future PalmSource customer, and PalmSource will not be liable to You for Your failure to license or sell Your products.

 (g) No Assignment – You may not assign or otherwise transfer this Agreement or the rights or obligations hereunder (either in whole or in part, whether voluntarily, by way of merger, by operation of law or otherwise), without the prior written consent of PalmSource, which consent may be withheld in PalmSource's sole discretion, and any attempted transfer or assignment is null and void and shall be deemed a material breach of this Agreement.

 (h) Entire Agreement; Amendment – This Agreement represents the complete, final and exclusive agreement concerning the subject matter hereof. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this Agreement. This Agreement may not be amended in whole or in part except by written amendment entered into by authorized representatives of the parties. 

 (i) Waiver - A waiver of any default hereunder or of any of the terms and conditions of this Agreement shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition, but shall apply solely to the instance to which such waiver is directed.

 (j) Governing Law and Language - This Agreement shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions and the laws of the United States. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. The parties hereto confirm that they have requested that this Agreement and all related documents be drafted in English.  Unless the law applicable to you provides otherwise, the official text of this Agreement is in the English language and any interpretation or construction of this Agreement will be based thereon. In the event that this Agreement or any documents or notices related to it are translated into another language, the English version will control unless the law applicable to you provides otherwise.

 (k) Jurisdiction - You hereby submit to the exclusive jurisdiction of, and waive any venue objections against, the Superior Court of the County of Santa Clara and/or the United States District Court for the Northern District of California with respect to any dispute arising out of this Agreement.  Notwithstanding the above, either PalmSource or You may obtain preliminary or permanent injunctive relief from any court of competent jurisdiction worldwide.

 (l) Export - You acknowledge that the export or re-export of any Software is subject to import and export regulations including the Export Administration Regulations, 15 C.F.R. Parts 730-774.  You shall comply strictly with all such United States export controls and shall not export, re-export, transfer or divert any of the Software or any direct product thereof, to any destination, end-use or end-user that is prohibited or restricted under such United States export control laws and regulations, except as specifically authorized by the United States Department of Commerce. 

 (m) Severability - If a competent court holds any provision of this Agreement illegal, invalid or unenforceable in whole or in part under applicable law such provision or such portion thereof shall be ineffective as to the jurisdiction in which such court is located to the extent of its illegality, invalidity or unenforceability and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties.  The illegality, invalidity or unenforceability of such provision in that jurisdiction shall not in any way affect the legality, validity or enforceability of such provision or of any other provisions of this Agreement in any other jurisdiction.


MASTER END USER LICENSE ADDENDUM
APPENDIX A:  JAVA ™ RUNTIME ENVIRONMENT LICENSING REQUIREMENTS

The following provisions are terms and conditions of Sun Microsystems, Inc. governing Your access or use of its Java(tm) Runtime Environment software that is included in the Software (the "JRE Software").

 1. License to Distribute.  You are granted a royalty-free right to reproduce and distribute the JRE Software provided that you: (i) distribute the JRE Software complete and unmodified (except for the specific files identified as optional in the JRE Software README file), only as part of, and for the sole purpose of running, your Java compatible applet or application ("Program") into which the JRE Software is incorporated; (ii) do not distribute additional software intended to replace any component(s) of the JRE Software; (iii) agree to incorporate the most current version of the JRE Software that was available 180 days prior to each production release of the Program; (iv) do not remove or alter any proprietary legends or notices contained in the JRE Software; (v) include the provisions of this Section (Java Runtime Environment Licensing Requirements) in your license agreement for the Program; and  (vi) agree to indemnify, hold harmless, and defend Sun and its licensors from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of the Program.

 2. Java Platform Interface.  You may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI.  In the event that you create any Java-related API and distribute such API to others for applet or application development, you must promptly publish broadly, an accurate specification for such API for free use by all developers of Java-based software.
 
 3. Restrictions.  The JRE Software is confidential copyrighted information of Sun and title to all copies is retained by Sun and/or its licensors.  You shall not decompile, disassemble, decrypt, extract, or otherwise reverse engineer the JRE Software.  JRE Software may not be leased, assigned, or sublicensed, in whole or in part, except as specifically authorized in Section 1.  Software is not designed or intended for use in online control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility.  You warrant that you will not use or redistribute the Software for such purposes.
 
 4. Disclaimer of Warranty.  JRE Software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.

 5. Limitation of Liability.   SUN AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING JRE SOFTWARE.  IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE JRE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 6. Export Regulations.  JRE Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries.  You agree to comply strictly with all such regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import JRE Software.  JRE Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders.

 7. Restricted Rights.  Use, duplication or disclosure by the United States government is subject to the restrictions as set forth in the Rights in Technical Data and Computer Software Clauses in DFARS 252.227-7013(c) (1) (ii) and FAR 52.227-19(c) (2) as applicable.