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NOTIFICATION
On December 23, 2002 Metrowerks Corporation, a
wholly owned subsidiary of Motorola Inc., acquired
certain assetts of Embedix Inc., formerly Lineo Inc. As a
result of the acquisition, the Embedix
®
and Embedix
®
Plus PDA™ brand products have now become
Metrowerks Linux
®
and Metroworks OpenPDA™ brand
products. The Metrowerks Linux and Metrowerks
OpenPDA products are governed by the Metrowerks
Software License Agreement below. If you have
questions or would like more information on OpenPDA
products and other Metrowerks solutions, please visit the
following websites www.openpda.com
and
www.metrowerks.com
METROWERKS SOFTWARE LICENSE AGREEMENT
THIS METROWERKS SOFTWARE LICENSE
AGREEMENT (“LICENSE”) IS AN AGREEMENT
BETWEEN YOU AND METROWERKS
CORPORATION (“METROWERKS”).
METROWERKS IS WILLING TO LICENSE THE
ENCLOSED SOFTWARE TO YOU ONLY UPON THE
CONDITION THAT YOU ACCEPT ALL OF THE
TERMS CONTAINED IN THIS LICENSE. PLEASE
READ THIS LICENSE CAREFULLY BEFORE
USING THE SOFTWARE, AS BY USING THE
SOFTWARE YOU INDICATE THAT YOU AGREE
TO BE BOUND BY THE TERMS OF THIS LICENSE.
IF YOU DO NOT AGREE TO THE TERMS OF THIS
LICENSE, METROWERKS IS UNWILLING TO
LICENSE THE SOFTWARE TO YOU.
1. Grant of License. This software including
application, demonstration, system and all other
software accompanying this License, whether
electronically distributed or distributed on CD-ROM
or any other media (the “Software”) and the related
documentation are licensed to you by Metrowerks
according to the terms of this License. This License
allows you to use the Software on the product the
Software is distributed with (“Product”). If you have
purchased a concurrent uses license (i.e., Locating of
Server License), you may install the Software on a
common storage device that is accessible by multiple
devices provided that you have a software mechanism
that locks out any concurrent uses in excess of the
number of licensed copies of he Software. One
backup copy of the software may be made solely as a
part of the routine backup activities of your company
or business, you are not licensed to make additional
copies. You may transfer to another party all your
license rights in the Software and related
documentation by transferring to that party both the
original media on which the Software and related
documentation were provided, the Product and a copy
of this License, provided that the other party reads and
agrees to accept the terms and conditions of this
License. Immediately upon transfer, you have no
further rights to use or own copies of the Product,
Software or related documentation and must destroy
all copies in your possession or control. If this
Software is an update, patch, error correction or
upgrade to a prior version, then you must be licensed
to use the prior version of the Software in order to
exercise the license rights granted hereunder and you
agree all previous licenses are hereby replaced by this
license. If you are a corporation or other organization,
you must designate one individual to have the rights
provided herein. Certain components of the Software
is licensed pursuant to the GNU General Public
License Version 2. You may obtain a copy of the GPL
General Pubic License at http://www.fsf.org/
copyleft/gpl.html.Metrowerks will provide source
code for the components of the Software licensed
pursuant to the GNU General Public License. To
obtain such source code, send email to
support@openpda.com
2. Restrictions. The Software contains copyrighted
material, trade secrets, and other proprietary material
of Metrowerks and its licensors. You agree that in
order to protect those proprietary materials, except as
expressly permitted by applicable legislation, you
will not decompile, reverse engineer, disassemble or
otherwise reduce all or any part of the Software to
human-readable form unless Metrowerks provided it
to you in human-readable form. You may not modify,
rent, lease, loan, distribute or create derivative works
based upon the Software in whole or in part, except as
expressly permitted in Section 3. If the Software is
labeled as an academic version or is otherwise
licensed to you for academic use, you may not use the
Software for commercial product development, but
you may use the Software to develop freeware or
shareware within your academic community only. If
the Software licensed to you is part of the Discover