This Palmation Software License Agreement ("License Agreement") is by and between Palmation Limited ("Palmation") and the Licensee ("Licensee").

1.    LICENSE: Palmation grants the Licensee a non-exclusive and non-transferable license to use the software program(s) listed on Exhibit A (Software) (the "Software") subject to the terms and restrictions set forth in this License Agreement.  The Licensee is 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 unauthorised manner.  Further, no license is granted to the Licensee in the human readable code of the Software (source code).  Except as provided below, this License Agreement does not grant the Licensee any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the Software.

The Licensee must reproduce and include all copyright notices and any other proprietary rights notices appearing on the Software on any copies that the Licensee makes.

2.    NO ASSIGNMENT; NO REVERSE ENGINEERING: The Licensee may not transfer or assign the Software or their rights under this License Agreement.  Modification, reverse engineering, reverse compiling, or disassembly of the Software is expressly prohibited.

3.    TERM AND TERMINATION: This License Agreement is effective until terminated.  The Licensee 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 the Licensee fails to comply with any term or condition of this License Agreement.  Upon such termination, the Licensee agrees to destroy the Software and documentation, together with all copies and merged portions in any form.

4.    NO WARRANTY: THE SOFTWARE AND ALL RELATED DOCUMENTATION ARE PROVIDED ON AN "AS IS" BASIS AND ALL RISK IS WITH THE LICENSEE.  PALMATION MAKES NO WARRANTIES, TERMS OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS.  FURTHER, PALMATION MAKES NO REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS THAT THE SOFTWARE AND DOCUMENTATION PROVIDED ARE FREE OF ERRORS OR VIRUSES OR THAT THE SOFTWARE AND DOCUMENTATION ARE SUITABLE FOR THE LICENSEE'S INTENDED PURPOSE.

5.    LIMITATION OF LIABILITY: IN NO EVENT SHALL PALMATION BE LIABLE TO THE LICENSEE OR ANY OTHER PARTY FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA OR DATA BEING RENDERED INACCURATE, LOSS OF PROFITS OR REVENUE, OR INTERRUPTION OF BUSINESS IN ANY WAY ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE AND/OR DOCUMENTATION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF ANY REPRESENTATIVE OF PALMATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTHING IN THIS AGREEMENT SHALL HAVE THE EFFECT OF LIMITING OR EXCLUDING PALMATION'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS OWN NEGLIGENCE.  THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED BY ANY FAILURE OF THE SOLE AND EXCLUSIVE REMEDIES HEREUNDER.

6.    DISCLAIMER: 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 supplied to consumers or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to the Licensee.  When the implied warranties are not allowed to be excluded in their entirety, they will be limited to the duration of the applicable written warranty.  This warranty gives the Licensee specific legal rights which may vary depending on local law.

7.    INDEMNIFICATION: The Licensee shall defend, indemnify and hold Palmation and its officers, directors, employees and agents harmless from and against any and all liability, costs, expenses, or damages of any kind or nature including, but not limited to, reasonable fees of attorneys, accountants, and other professionals, suffered or incurred by Palmation or its agents or representatives, as a result of any action, suit, claims, arbitration or proceeding arising from or relating to any breach or claim of breach of any of the Licensee's covenants, warranties or representations hereunder, and not due to any violation or breach by Palmation of its obligations hereunder.

8.    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.

9.    ENTIRE AGREEMENT: This License Agreement sets forth the entire understanding and agreement between the Licensee and Palmation, 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.
 
 

1.    All products are offered in accordance without standard commercial policy.  Palmation's current policy for providing updates and upgrades is to provide them for all customers who are currently licensed.  This applies to all currently supported platforms only.

2.    The Software is currently frozen at the present release.  An enhanced replacement may currently be under development, which will include most of the functionality of the current version of the Software and will provide a more robust offering.  Existing customers of the Software will be automatically furnished the update when released formally in electronic format, unless alternatively advised by the Licensee.
 
 
 
 

This Product Attachment is an attachment to the Software License Agreement ("Agreement") between Palmation Limited ("Palmation") and the Licensee ("Licensee"). All Articles of the Agreement are extended to include this Product Attachment.

This program is shareware. You are entitled to evaluate the program for a period of 30 days, after which you are required to register if you wish to continue to use it.