Common use of Initial Deliverables Clause in Contracts

Initial Deliverables. The parties hereby agree that, as of the SARSLA Execution Date, PalmSource has delivered to Licensee a complete and current set of the deliverables specified in Exhibit A (PalmSource Deliverables); provided, however, that (a) in no event will PalmSource be required to deliver any such items to Licensee before PalmSource has generally released such deliverables to its customers and (b) within ten (10) business days of the SARSLA Execution Date, PalmSource will deliver to Licensee a complete and current set of the deliverables specified in Exhibit A-1 (Additional PalmSource Deliverables) in object code or source code form, as specified therein, to the extent not previously provided to Licensee. Thereafter, PalmSource will not have any delivery obligations with respect to the deliverables specified in Exhibit A-1 (Additional PalmSource Deliverables) unless otherwise agreed by PalmSource. All deliveries shall be made electronically in accordance with Section 3.5 (Method of Delivery) and in a mutually agreed upon manner that does not cause sales tax to apply to the delivered items. Without in any way limiting Licensee’s obligation to make Minimum Annual Payments under Section II(A)(1)(b) of Exhibit D (Licensee Products, Royalties and Fees), PalmSource acknowledges that Licensee shall have no obligation under this Agreement to incorporate any PS Licensed Products in any Licensee products or otherwise distribute any PS Licensed Products.

Appears in 2 contracts

Sources: Software License Agreement (Palm Inc), Software License Agreement (Palmsource Inc)