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any updates to such software provided to you through
any means, including but not limited to downloads or
over-the-air updates (the “
Software
”), subject to the terms
and conditions set forth in this Agreement, as well as any
other terms that may be incorporated by reference herein
or otherwise presented to you prior to your use of the
Software. You are not permitted to use the Software in any
manner not expressly authorized by this Agreement. You
acknowledge and agree that ownership of the Software and
all subsequent copies thereof, regardless of the form or
media, is retained by Palm or its suppliers.
SOFTWARE UPDATES:
From time to time, you may receive
Software updates for your Palm device through either
tangible media, download or over the air (a “
Software
Update
”). Such Software Updates either will be mandatory
and free of additional charge (“
Mandatory Software
Update
”)
or may require an additional fee (“
Paid Software
Update
”). Mandatory Software Updates will provide patches
or error corrections or enable new functionality for your Palm
device. In many cases, Mandatory Software Updates will be
pushed to you during periods of decreased usage, e.g., at
night or early morning. You hereby acknowledge and agree
that such Mandatory Software Updates may be installed on
your Palm device without any further notification to you or
consent from you. Upon installation, the Mandatory Software
Update shall be deemed Software under this Agreement,
and all the same terms and conditions shall apply as they
would to any Software under this Agreement. Occasionally,
you may also be asked if you would like to accept a Paid
Software Update, which may provide additional functionality.
These updates will not be mandatory and you will always be
asked for your consent. Upon your consent and installation
of any Paid Software Update, the update shall be deemed
Software under this Agreement, and all the same terms and
conditions shall apply as they would to any Software under
this Agreement.
RESTRICTIONS:
The Software is licensed for use only on