185 lines
10 KiB
Plaintext
185 lines
10 KiB
Plaintext
IMPORTANT: Read Before Using The Accompanying Software
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3COM PALM OS SOFTWARE DEVELOPMENT KIT
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SOFTWARE LICENSE AGREEMENT
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YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND
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CONDITIONS BEFORE USING THE ACCOMPANYING SOFTWARE,
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THE USE OF WHICH IS LICENSED BY PALM COMPUTING, INC., A
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SUBSIDIARY OF 3COM CORPORATION (COLLECTIVELY, "3COM"),
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TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH
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BELOW. IF YOU DO NOT AGREE TO THE TERMS AND
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CONDITIONS OF THIS AGREEMENT, DO NOT USE THE
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SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES
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THAT YOU ACCEPT THESE TERMS.
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LICENSE: 3Com grants you a nonexclusive, royalty-free license to use the
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accompanying software program(s) (the "Software") subject to the terms and
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restrictions set forth in this License Agreement. Except as explicitly set forth
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below, (i) you are not permitted to lease or rent (except under separate mutually
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agreeable terms set forth in writing and signed by both parties), distribute or
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sublicense the Software or to use the Software in a time-sharing arrangement or
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in any other unauthorized manner; (ii) no license is granted to you in the human
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readable code of the Software (source code); and (iii) this License Agreement
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does not grant you any rights to patents, copyrights, trade secrets, trademarks, or
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any other rights in respect to the Software.
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The Software is licensed to be used on any personal computer and/or any Palm
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Computing platform product, provided that the Software is used only in
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connection with your development of products for use with Palm Computing
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platform products. The Software contains certain sample source code in the
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form of example applications (including several conduits) and code fragments
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(both in the source code files and documentation provided hereunder), and may
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include a tutorial application (collectively, "Sample Source Code"). You may
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use the Sample Source Code internally to develop products for Palm Computing
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platform products. You may distribute any such products built with the Sample
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Source Code, provided that you include the following copyright notice within
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your source code and in the location of your own copyright notice: "Portions
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copyright c 1998 3Com Corporation or its subsidiaries. All rights reserved."
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Notwithstanding anything else in this License Agreement, you may not distribute
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the conduit development kit header files included as part of the Software to
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anyone for any reason.
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Except as described above, the Software and supporting documentation may be
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copied only as essential for backup or archive purposes in support of your use of
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the Software as permitted hereunder. You must reproduce and include all
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copyright notices and any other proprietary rights notices appearing on the
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Software on any copies that you make.
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NO ASSIGNMENT; NO REVERSE ENGINEERING: You may transfer the
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Software and this License Agreement to another party if the other party agrees in
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writing to accept the terms and conditions of this License Agreement. If you
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transfer the Software, you must at the same time either transfer all copies of the
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Software as well as the supporting documentation to the same party or destroy
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any such materials not transferred. Except as set forth above, you may not
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transfer or assign the Software or your rights under this License Agreement.
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Modification, reverse engineering, reverse compiling, or disassembly of the
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Software is expressly prohibited. However, if you are a European Community
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("EC") resident, information necessary to achieve interoperability of the
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Software with other programs within the meaning of the EC Directive on the
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Legal Protection of Computer Programs is available to you from 3Com upon
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written request.
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EXPORT RESTRICTIONS: You agree that you will not export or re-export
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the Software or accompanying documentation (or any copies thereof) or any
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products utilizing the Software or such documentation in violation of any
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applicable laws or regulations of the United States or the country in which you
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obtained them.
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TRADE SECRETS; TITLE: You acknowledge and agree that the structure,
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sequence and organization of the Software are the valuable trade secrets of
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3Com and its suppliers. You agree to hold such trade secrets in confidence.
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You further acknowledge and agree that ownership of, and title to, the Software
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and all subsequent copies thereof regardless of the form or media are held by
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3Com and its suppliers.
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UNITED STATES GOVERNMENT LEGEND: The Software is commercial
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in nature and developed solely at private expense. The Software is delivered as
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"Commercial Computer Software" as defined in DFARS 252.227-7014 (June
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1995) or as a commercial item as defined in FAR 2.101(a) and as such is
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provided with only such rights as are provided in this License Agreement, which
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is 3Com's standard commercial license for the Software. Technical data is
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provided with limited rights only as provided in DFAR 252.227-7015 (Nov.
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1995) or FAR 52.227-14 (June 1987), whichever is applicable.
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TERM AND TERMINATION: This License Agreement is effective until
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terminated. You may terminate it at any time by destroying the Software and
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documentation together with all copies and merged portions in any form. It will
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also terminate immediately if you fail to comply with any term or condition of
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this License Agreement. Upon such termination you agree to destroy the
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Software and documentation, together with all copies and merged portions in any
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form.
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GOVERNING LAW: This License Agreement shall be governed by the laws
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of the State of California as such laws are applied to agreements entered into and
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to be performed entirely within California between California residents and by
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the laws of the United States. You agree that the United Nations Convention on
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Contracts for the International Sale of Goods (1980) is hereby excluded in its
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entirety from application to this License Agreement.
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LIMITED WARRANTY: 3Com warrants the media containing the Software
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for a period of ninety (90) days from the date of original purchase from 3Com or
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its authorized retailer. Proof of date of purchase will be required. Any updates
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to the Software provided by 3Com (which may be provided by 3Com at its sole
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discretion) shall be governed by the terms of this License Agreement. The sole
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obligation of 3Com with respect to this express warranty shall be (at the
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discretion of 3Com) to refund the purchase price paid by you for the Software on
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the defective media, or to replace the Software on new media. 3Com makes no
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warranty or representation that its software products will meet your requirements
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or will work in combination with any hardware or applications software products
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provided by third parties, that the operation of the software products will be
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uninterrupted or error free, or that all defects in the Software will be corrected.
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OBTAINING WARRANTY SERVICE: You must contact 3Com's Palm
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Computing, Inc. Customer Service within the applicable warranty period to
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obtain warranty service authorization. Dated proof of original purchase will be
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required. 3Com is not responsible for your products or parts received without
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warranty service authorization.
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WARRANTIES EXCLUSIVE: IF TH SOFTWARE MEDIA DOES NOT
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OPERATE AS WARRANTED ABOVE, YOUR SOLE REMEDY FOR
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BREACH OF THAT WARRANTY SHALL BE REPLACEMENT OF THE
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SOFTWARE ON NEW MEDIA OR REFUND OF THE PURCHASE
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PRICE PAID, AT THE OPTION OF 3COM AND DEPENDENT UPON
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PRIOR AUTHORIZATION. TO THE FULL EXTENT ALLOWED BY
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LAW, THE FOREGOING WARRANTIES AND REMEDIES ARE
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EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES,
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TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT
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OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE,
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INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
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AND SATISFACTORY QUALITY. 3COM NEITHER ASSUMES NOR
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AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY
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OTHER LIABILITY IN CONNECTION WITH THE SALE,
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INSTALLATION, MAINTENANCE OR USE OF ITS PRODUCTS.
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3Com shall not be liable under this warranty if its testing and examination
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disclose that the alleged defect in the product does not exist or was caused by
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your or any third person's misuse, neglect, improper installation or testing,
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unauthorized attempts to repair or modify, or any other cause beyond the range
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of the intended use, or by accident, fire, lightning, or other hazards or acts of
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God. This warranty does not apply when the malfunction results from the use of
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this product in conjunction with accessories, other products, or ancillary or
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peripheral equipment and 3Com determines that there is no fault with the
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product itself.
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LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED
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BY LAW 3COM ALSO EXCLUDES FOR ITSELF AND ITS SUPPLIERS
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ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT
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(INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL,
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INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR
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FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF
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INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING
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OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION,
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MAINTENANCE, USE, PERFORMANCE, FAILURE, OR
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INTERRUPTION OF THIS PRODUCT, EVEN IF 3COM OR ITS
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AUTHORIZED RESELLER HAS BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO
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REPLACEMENT OF THE SOFTWARE ON NEW MEDIA, OR REFUND
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OF THE PURCHASE PRICE PAID, AT THE OPTION OF 3COM. THIS
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DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE
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AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF
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ITS ESSENTIAL PURPOSE.
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SEVERABILITY: In the event any provision of this License Agreement is
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found to be invalid, illegal or unenforceable, the validity, legality and
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enforceability of any of the remaining provisions shall not in any way be
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affected or impaired and a valid, legal and enforceable provision of similar intent
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and economic impact shall be substituted therefor. The headings used in this
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Agreement are for convenience only and shall not be considered part of the
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Agreement.
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ENTIRE AGREEMENT: This License Agreement sets forth the entire
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understanding and agreement between you and 3Com, supersedes all prior
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agreements, whether written or oral, with respect to the Software and subject
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matter hereof, and may be amended only in a writing signed by both parties.
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Palm Computing, Inc., a subsidiary of 3Com Corporation
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1565 Charleston Road
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Mountain View, California 94043
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(650) 237-6000
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