End User License Agreement - palmOne Xiino 3.4E User Manual

Xiino 3.4E Manual

End User License Agreement

7
END USER LICENSE AGREEMENT FOR XIINO ™ SOFTWARE
Before using the following software and related software (hereinafter referred to as "Software"), please read the following
documentation carefully.
Xiino 3.4E
Software and incorporated software in Software are protected by the Copyright Law, other intellectual property laws and
international treaties. MOBIRUS™ Inc. (hereinafter referred to as "MOBIRUS") holds and owns the copyright and the right
to license Software. Software includes third party's (hereinafter referred to as "Vendor") software that MOBIRUS has
legitimately been granted a license to use.
The Software is licensed, not sold to you as long as you comply with the terms and conditions set forth in this Agreement.
Please note that you are not permitted to use Software if you don't agree to any and all provisions of this Agreement.
1. GRANT OF LICENSE
MOBIRUS grants the right to use Software, in accordance to the provisions under this Agreement, to the first user who
installs Software on a Personal Digital Assistant (hereinafter referred to as "PDA") or to the first user of the PDA on which
Software is pre-installed.
2. RESTRICTIONS
2.1 You may install and use Software on only one PDA for ordinary use and in the form of object code.
2.2 You shall not make copies of Software in either electronic or hardware form except for initial installation on PDA,
loading into temporary memory or peripheral devices for ordinary use, or making backup copies. You shall not install on
two or more PDAs at the same time.
2.3 You shall not modify, translate or merge Software, analyze it by reverse engineering, decompile, disassemble, or
create derivative works in any form or by any means from the object code of Software.
2.4 This license Agreement does not permit the use of MOBIRUS's trademark or service mark; therefore you may not
remove, change or obscure MOBIRUS's indication or notice of copyright, trademark, or other proprietary rights.
3. OTHER RIGHTS GRANTED
You are not granted any patent, copyright, trademark, or other proprietary rights in whole or in part that MOBIRUS owns
on Software, and shall not lease, transfer, distribute (including transmission through the Internet or other networks, and
also recording on the servers connected to the networks to make such transmission possible), or sublicense Software to a
third party.
4. TRANSFER OF LICENSE
4.1 You may transfer the right to use Software to a third party by assigning any and all rights and obligations under this
Agreement and 1) transferring in whole all types of medium, all copies in any form and documentations, or 2) transferring
them in part and completely destroying whatever was not transferred whether tangible or electrical. However, you agree
and certify that Software will not be exported except as authorized and as permitted by the laws and regulations of the
United States and other country in which you obtained Software and to which you intend to export and/or import the
Software. The same rule shall apply to the next third party who is in line to receive the transferred right.
4.2 In no way shall the copyright notice be changed or removed from Software and documentation be transferred.
4.3 If any condition in this Article is not fulfilled, the transfer of the right shall not be in effect.
5. TERM OF LICENSE
Your first use of any part of Software shall be regarded as your acceptance of the terms and conditions under this
Agreement and shall validate it at the same time.
6. YOUR PERSONAL DATA
You shall confirm and agree that MOBIRUS may access to your personal data you have provided and registered to the
Web site from which you have downloaded the Software (hereinafter referred to as "Web site") to the extent of being
necessary for MOBIRUS to provide you some kinds of services related to the Software. Web site may disclose such
information to MOBIRUS and MOBIRUS may register it as its "Customer Information". Based on registered Customer
Information, MOBIRUS may provide you support service and/or any other services specified by MOBIRUS. You may
request to confirm, revise or delete your personal data registered to MOBIRUS, subject to proving your identification.
7. LIMITED WARRANTY ON PAID-UP SOFTWARE
MOBIRUS's warranty and liability on the Software you have paid up for shall be as follows:
7.1 MOBIRUS warrants that for a period of ninety (90) days from the date of delivery of the licensed Software, it will
replace or repair within its discretion, the media and related documentations provided by MOBIRUS , if there are any
defects on them.
THESE WARRANTIES REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE.
Xiino 3.4E User's Manual ver.1.0.0
26
© 2005 MOBIRUS, Inc.