Palm CASC User Manual

GENERAL USER GUIDE:

FOLD

IMPORTANT SAFETY AND
LEGAL INFORMATION

ABOUT THIS GUIDE

This guide contains your End User License Agreement and
basic regulatory and safety information for your product. For
complete regulatory and safety information see your User
Guide, available from palm.com/support.

PALM LICENSE AGREEMENT

CAREFULLY READ THE FOLLOWING TERMS AND
CONDITIONS (“AGREEMENT”) BEFORE USING,
DOWNLOADING OR OTHERWISE ACCESSING THE
SOFTWARE OR SERVICES PROVIDED ON OR THROUGH
YOUR PALM DEVICE. THE SOFTWARE AND SERVICES
PROVIDED ON OR THROUGH YOUR PALM DEVICE
ARE LICENSED BY PALM, INC. (“PALM”) TO YOU, THE
ORIGINAL END USER, SOLELY FOR YOUR PERSONAL USE
AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE
TERMS AND CONDITIONS OF THIS AGREEMENT, DO
NOT USE, DOWNLOAD OR OTHERWISE ACCESS THE
SOFTWARE OR SERVICES. USING, DOWNLOADING, OR
OTHERWISE ACCESSING ANY PART OF THE SOFTWARE
OR SERVICES INDICATES THAT YOU ACCEPT THESE
TERMS.

PLEASE NOTE THAT IF YOU ARE A CONSUMER IN THE
EUROPEAN ECONOMIC AREA, SWITZERLAND OR
AUSTRALIA, THIS AGREEMENT DOES NOT AFFECT YOUR
STATUTORY RIGHTS. FOR FURTHER INFORMATION
AbOUT YOUR STATUTORY RIGHTS CONTACT YOUR
LOCAL AUTHORITY, TRADING STANDARDS DEPARTMENT
OR CITIZENS ADvICE bUREAU (OR LOCAL EQUIvALENT).

LICENSE: Palm grants you a limited, nonexclusive license
to use Palm proprietary software program(s) and services
found on your Palm device and/or packaged with, provided
with, or made accessible through your Palm device, or
provided by Palm for use with your Palm device, including

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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

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the single Palm device you originally purchased, and you
may not distribute or make the Software available over a
network or for use with multiple devices. The Software and
supporting documentation may be copied only as necessary
for backup or archive purposes in support of your use of
the Software. You must reproduce and include all copyright
notices and any other proprietary rights notices appearing
on the Software on any copies that you make. You may
not modify or alter the Software in any way, and may only
use the Software as expressly set forth above. You agree
that you will not attempt to, or assist or encourage any
other person or entity to circumvent, disable or modify any
security technology or software that is part of the Software
or is used on your Palm device. Except as set forth above,
Palm and its licensors reserve all other rights in or to the
Software. If applicable law permits you to copy or modify the
Software, then you may copy and modify the Software solely
to the extent, and for such purposes as, expressly permitted
by applicable law.

PALM HAS THE RIGHT TO MODIFY, CHANGE OR
TERMINATE YOUR USE OF ANY SOFTWARE OR
APPLICATIONS FOUND ON OR USED THROUGH THE
DEVICE: Palm reserves the right, at its sole discretion and

at any time, to add, remove, or modify any Software, and
to add, remove or modify any applications found on the
device or services accessed through the device. Palm may
be required to take these actions due to changes in the
obligations or restrictions from its third party licensors or
partners, or due to any governmental restriction or court
order.

PALM HAS THE RIGHT TO MODIFY THESE TERMS: Palm
reserves the right to modify the terms of this Agreement at
its sole discretion at any time. Any such modification will be
effective upon Palm’s sending notice to you by email, text
message, or postal mail. Your continued use of the Software
after such notice will constitute your binding acceptance
of the Agreement as revised. Additionally, some Software
may be subject to different or additional terms (including
fees) presented to you through a separate click-through or
other type of agreement or notice prior to your use of such
Software.

THIRD PARTY SOFTWARE AND SERVICES: Some of the
software or services which may be packaged with, provided
with, or made accessible through your Palm device, may
be provided by third parties (the “Third Party Software”)
and may be subject to different or additional terms and
conditions of use. Third Party Software may also be available
from application stores which can be accessed from your

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device. Third Party Software is not provided by Palm, and
the terms and conditions of use for Third Party Software
may be presented to you through click-through or another
type of agreement prior to your use of the Third Party
Software. Additionally, you should be aware that such Third
Party Software may implement third party technologies
in accordance with one or more industry standards
(“Standards-Based Software”). Such Standards-Based
Software may require licenses from one or more third party
entities. Such licenses are not provided by Palm and you
should contact the provider of such Third Party Software for
more information on how to obtain such licenses. You solely
are responsible for obtaining any such licenses.

USE OF THIRD PARTY WEB SITES AND SERVICES: The
Palm device will enable you to access data and information
from your new or existing third party websites and service
provider accounts, such as email, social networking, and
product purchasing accounts. Some of these services
or accounts may be made available to you through an
application on the Palm device, without having to use the
browser. You acknowledge and agree that by entering
your user name and password or account information to
access such accounts, you agree to abide by the terms and
conditions under which such services are made available
to you by the third party providing such services. If you do
not agree to the terms under which such services are made
available to you by such third parties, you should not access
such accounts or services through your Palm device.

DIGITAL CERTIFICATES: The Software contains functionality
that allows it to accept digital certificates issued from Palm
or third parties. YOU ARE SOLELY RESPONSIBLE FOR
DECIDING WHETHER TO RELY ON A CERTIFICATE ISSUED
BY PALM OR ANY THIRD PARTY. YOUR USE OF DIGITAL
CERTIFICATES IS AT YOUR SOLE RISK AND PALM MAKES
NO WARRANTIES OR REPRESENTATIONS, EXPRESS
OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, ACCURACY, SECURITY, OR
RELIABILITY OF SUCH DIGITAL CERTIFICATES.

OPEN SOURCE SOFTWARE: This device includes certain
open source software originating from third parties
(“Open Source Software”), which may be subject to the
GNU General Public License (“GPL”), GNU Library/Lesser
General Public License (“LGPL”) and/or other copyright
licenses, disclaimers and notices (“Open Source License
Terms”). The applicable Open Source License Terms for
the corresponding Open Source Software are reproduced
and available at http://opensource.palm.com. Please refer
to the Open Source License Terms regarding your rights

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under such licenses to the Open Source Software. To the
extent any such agreement requires that Palm provide you
the rights to copy, modify, distribute or otherwise use any
Open Source Software that are inconsistent with the limited
rights granted to you in this Agreement, then such rights
in the applicable Open Source License Terms shall take
precedence over the rights and restrictions granted in this
Agreement, but solely with respect to such Open Source
Software.

You can view the Open Source License terms on your
Palm device. To do so, drag up from the gesture area to
the screen to open the Launcher. Swipe left until the PDF
View icon appears. Tap PDF View, then tap Open Source
Information.pdf.

You can also view the file on your computer. To do so,
connect your phone to your computer with the USB cable.
On your phone, tap USB Drive. On your computer, open
Computer (Vista) or My Computer (XP) and double-click
the Palm Pre folder. Then double-click the file Open Source
Information.pdf.

Questions regarding Open Source Software included
or incorporated in the Software can be directed to
[e-mail]. You may also direct
questions or obtain a machine-readable copy of the Open
Source Software licensed under the GPL or LGPL upon
written request to Palm at:

Palm Inc.
Attention: Open Source Compliance
950 W. Maude Ave
Sunnyvale, CA 94085
USA

Palm may require an administrative fee to provide physical
copies of such Open Source Software. This offer is valid for
a period of three (3) years from the date of your acceptance
of this Agreement.

CONSENT TO USE OF DATA: You agree that Palm,
its affiliates and designated agent may collect and use
technical and related information, gathered in any manner,
as part of product support services related to the Software.
Palm, its affiliates and designated agent may use this
information solely to improve its products or to provide
customized services or technologies to you. Palm will collect
and use this information in accordance with its privacy
policy and in accordance with applicable data protection
laws. Palm, its affiliates and designated agent may disclose
this information to others, but not in a form that personally
identifies you.

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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 NON­INFRINGEMENT. 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

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WHICH CANNOT BE LIMITED OR EXCLUDED BY
APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, NEITHER PALM NOR ITS SUPPLIERS
SHALL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL,
INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY
KIND, LOSS OF INFORMATION OR DATA, LOSS OF
REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL
LOSS ARISING OUT OF OR IN CONNECTION WITH THE
LICENSE OR USE OF THE SOFTWARE, WHETHER BASED
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
PRODUCT LIABILITY OR ANY OTHER THEORY, EVEN
IF PALM HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY IS
DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
PALM’S ENTIRE LIABILITY SHALL BE LIMITED TO
REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE
PRICE PAID, AT PALM’S OPTION. IN NO EVENT WILL
PALM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT
OF THE THIRD PARTY SOFTWARE OR OPEN SOURCE
SOFTWARE, EVEN IF PALM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some
countries, states, or provinces do not allow the exclusion or
limitation of implied warranties or the limitation of incidental
or consequential damages so the above limitations and
exclusions may be limited in their application to you.

EXPORT RESTRICTIONS: You agree that you will not export
or re-export the Software or accompanying documentation
(or any copies thereof) or any products utilizing the Software
or such documentation in violation of any applicable laws or
regulations of the United States, the European Union or the
country in which you obtained them.

TERM AND TERMINATION: This Agreement is effective
until terminated. You 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 you fail to comply with any term
or condition of this Agreement. Upon such termination you
agree to destroy the Software and documentation, together
with all copies. Some countries, states, or provinces do not
allow the termination of this type of Agreement, so the
above provision may be limited in its application to you.

SPECIAL RIGHTS FOR THE LICENSE OR USE BY THE U.S.
GOVERNMENT: If this Software is being used by or licensed

to the United States Government, the following shall apply:
The Software licensed under this Agreement is “commercial
computer software” as the term is described in 48 C.F.R.

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252.227-7014(a)(1). If acquired by or on behalf of a civilian
agency, the U.S. Government acquires this commercial
computer software and/or commercial computer software
documentation subject to the terms of this Agreement as
specified in 48 C.F.R. 12.212 (Computer Software) and 48
C.F.R. 12.211 (Technical Data) of the Federal Acquisition
Regulations (“FAR”) and its successors. If acquired by or
on behalf of any agency within the Department of Defense
(“DOD”), the U.S. Government acquires this commercial
computer software and/ or commercial computer software
documentation subject to the terms of this Agreement
as specified in 48 C.F.R. 227.7202-3 of the DOD FAR
Supplement (“DFAR”) and its successors.

GOVERNING LAW: This Agreement shall be governed
by the laws of the State of California and by the federal
laws of the United States, excluding their conflicts of laws
provisions. The United Nations Convention on Contracts for
the International Sale of Goods (1980) is hereby excluded
in its entirety from application to this Agreement. If you
acquired this Software or the Palm device in the European
Economic Area or Switzerland, this Agreement shall be
governed by the law of the country in which you purchased
the Software or the Palm device.

SEVERABILITY: In the event any provision of this 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.

ENTIRE AGREEMENT: By accepting this Agreement and
the accompanying Limited Warranty (if any), you agree that
the Agreement and Limited Warranty set forth the entire
agreement between you and Palm, and supersede all prior
agreements, whether written or oral, with respect to the
Software, notwithstanding the terms or conditions of any
such prior agreements.

Palm, Inc.
950 W. Maude Ave.
Sunnyvale CA 94085-2801
United States of America

www.palm.com

February 13, 2009

PATENT INFORMATION

For information on applicable patents on this product,
please refer to your User Guide available from
palm.com/support.

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