7
ASSIGNMENT:
You may transfer the Software to another
party together with the transfer of any device, if such party
accepts the terms and conditions of this Agreement. If you
transfer the Software, you must at the same time either
transfer all copies of the Software as well as the supporting
documentation to the same party or destroy any such
materials not transferred.
REVERSE ENGINEERING
: You may not reverse engineer,
decompile, or disassemble the Software, except and only
to the extent that such activity is expressly permitted by
applicable law.
WARRANTY AND DISCLAIMERS: IF SOFTWARE IS BEING
PROVIDED TO YOU IN CONNECTION WITH A PALM
DEVICE WHICH YOU HAVE NEWLY PURCHASED FROM
PALM, INC. OR ITS AUTHORIZED DISTRIBUTORS, THE
SOFTWARE MAY BE UNDER A WARRANTY, AS PROVIDED
ON A LIMITED WARRANTY CARD PROVIDED WITH YOUR
NEW DEVICE.
PLEASE NOTE THAT IF YOU ARE DEALING
AS A CONSUMER IN THE EUROPEAN ECONOMIC AREA
OR SWITZERLAND, SUCH LIMITED WARRANTY DOES
NOT AFFECT YOUR STATUTORY RIGHTS. EXCEPT AS
MAY BE PROVIDED UNDER SUCH A WARRANTY FOR
NEWLY PURCHASED DEVICES, AND TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, YOU
EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF
THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE
SOFTWARE IS PROVIDED TO YOU ON AN “AS IS” AND
“AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY
OF ANY KIND OR NATURE. PALM DOES NOT WARRANT
THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED,
FAULT-TOLERANT OR ERROR FREE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, PALM AND
ITS SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED OR
STATUTORY WARRANTIES, INCLUDING WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, ACCURACY, CORRESPONDENCE WITH
DESCRIPTION, SATISFACTORY QUALITY AND NON-
INFRINGEMENT. PALM MAKES NO WARRANTY OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD
TO ANY THIRD PARTY SOFTWARE OR OPEN SOURCE
SOFTWARE. ALL THIRD PARTY SOFTWARE AND OPEN
SOURCE SOFTWARE IS PROVIDED “AS-IS,” WITHOUT
WARRANTIES OF ANY KIND BY PALM.
LIMITATION OF LIABILITY:
NOTHING IN THIS LIMITATION
OF LIABILITY LIMITS OR EXCLUDES PALM’S OR ITS
SUPPLIERS’ LIABILITY FOR DEATH OR PERSONAL INJURY
CAUSED BY NEGLIGENCE, FOR REPRESENTATIONS
MADE FRAUDULENTLY, OR FOR ANY OTHER LIABILITY
