Common use of Obligations and Restrictions Clause in Contracts

Obligations and Restrictions. (1) PSI shall not charge or receive any compensation for the delivery of copies of the ROM Image; provided, however, that such restriction shall not be interpreted to restrict PSI’s right to charge or receive any compensation for the PS OS Software. (2) PSI shall not further modify any ROM Image for use with products other than Licensee Products; provided, however, that such restriction shall not be interpreted to restrict PSI’s right to modify the PS OS Software. (3) Each copy of the ROM Image distributed by PSI shall be distributed subject to the terms of a written agreement, the terms of which shall be at least as protective as the ROM Image E▇▇▇. PSI shall use commercially reasonable efforts to have the written agreements be valid and enforceable, and shall use commercially reasonable efforts to employ signed written agreements in jurisdictions where PSI knows click through or other unsigned agreements are not valid and enforceable. (4) PSI shall not permit the distribution or re-distribution of any ROM Image by any third party, including, but not limited to, persons who license the ROM Image under the ROM Image E▇▇▇; provided, however, that such restriction shall not be interpreted to restrict PSI’s right to distribute or re-distribute the PS OS Software. (5) If PalmSource decides to distribute the ROM Image from its developer website, PalmSource shall include a link to the home page of Licensee’s developer website, together with a caption that reads substantially as follows: “For more palmOne tools and programs, click here <URL for palmOne’s current developer site>.” PalmSource agrees to change such caption or URL (or both) as reasonably directed by Licensee in order to conform the caption to use current product names and a current corporate identifier, and (b) otherwise as reasonably directed by Licensee subject to the prior written approval of PalmSource (such approval not to be unreasonably withheld), in each case at any time upon thirty (30) days notice from Licensee.

Obligations and Restrictions. (1) PSI Licensee shall not charge or receive any compensation specifically for the delivery of copies of the ROM Image; provided, however, that such restriction shall not be interpreted to restrict PSI’s right to charge or receive any compensation for the PS OS Software. (2) PSI Licensee shall not further modify distribute any copies of the ROM Image that are designed for use with products other than Licensee Products; provided, however, that such restriction shall not be interpreted to restrict PSI’s right to modify the PS OS Software. (3) Each copy of the ROM Image distributed by PSI shall Licensee must be distributed subject to the terms of a written agreement, the terms of which shall be at least as protective as the ROM Image E▇▇▇▇. PSI Licensee shall use commercially reasonable efforts to have the written agreements be valid and enforceable, and shall use commercially reasonable efforts to employ signed written agreements in jurisdictions where PSI Licensee knows click through or other unsigned agreements are not valid and enforceable. (4) PSI Licensee shall not permit the distribution or re-distribution of any ROM Image by any third party, including, but not limited to, persons who license the ROM Image under the ROM Image E▇▇▇; provided, however, that such restriction shall not be interpreted to restrict PSI’s right to distribute or re-distribute the PS OS Software▇. (5) If PalmSource decides to distribute the ROM Image from its developer website, PalmSource Licensee shall include a link from the home page of Licensee’s developer website (or such other Licensee webpage as the parties may mutually agree) to the home page of LicenseePalmSource’s developer website, together with a caption that reads substantially as follows: “For more palmOne Palm OS tools and programs, click here <URL for palmOnePalmSource’s current developer site>.” PalmSource Licensee agrees to change such caption or URL (or both) (a) as reasonably directed by Licensee PalmSource in order to conform the caption to use current product names and a current corporate identifier, and (b) otherwise as reasonably directed by Licensee PalmSource subject to the prior written approval of PalmSource Licensee (such approval not to be unreasonably withheld), in each case at any time upon thirty (30) days notice from LicenseePalmSource. (6) Licensee shall deliver to PalmSource a copy of each version of the ROM Image promptly upon making the version available to third party developers.

Obligations and Restrictions. (1) PSI Licensee shall not charge or receive any compensation specifically for the delivery of copies of the ROM Image; provided, however, that such restriction shall not be interpreted to restrict PSI’s right to charge or receive any compensation for the PS OS Software. (2) PSI Licensee shall not further modify distribute any copies of the ROM Image that are designed for use with products other than Licensee Products; provided, however, that such restriction shall not be interpreted to restrict PSI’s right to modify the PS OS Software. (3) Each copy of the ROM Image distributed by PSI shall Licensee must be distributed subject to the terms of a written agreement, the terms of which shall be at least as protective as the ROM Image E▇▇▇. PSI Licensee shall use commercially reasonable efforts to have the written agreements be valid and enforceable, and shall use commercially reasonable efforts to employ signed written agreements in jurisdictions where PSI Licensee knows click through or other unsigned agreements are not valid and enforceable. (4) PSI Licensee shall not permit the distribution or re-distribution of any ROM Image by any third party, including, but not limited to, persons who license the ROM Image under the ROM Image E▇▇▇; provided, however, that such restriction shall not be interpreted to restrict PSI’s right to distribute or re-distribute the PS OS Software. (5) If PalmSource decides to distribute the ROM Image from its developer website, PalmSource Licensee shall include a link from the home page of Licensee’s developer website (or such other Licensee webpage as the parties may mutually agree) to the home page of LicenseePalmSource’s developer website, together with a caption that reads substantially as follows: “For more palmOne Palm OS tools and programs, click here <URL for palmOnePalmSource’s current developer site>.” PalmSource Licensee agrees to change such caption or URL (or both) (a) as reasonably directed by Licensee PalmSource in order to conform the caption to use current product names and a current corporate identifier, and (b) otherwise as reasonably directed by Licensee PalmSource subject to the prior written approval of PalmSource Licensee (such approval not to be unreasonably withheld), in each case at any time upon thirty (30) days notice from LicenseePalmSource. (6) Licensee shall deliver to PalmSource a copy of each version of the ROM Image promptly upon making the version available to third party developers.

Obligations and Restrictions. (1) PSI shall not charge or receive any compensation for the delivery of copies of the ROM Image; provided, however, that such restriction shall not be interpreted to restrict PSI’s right to charge or receive any compensation for the PS OS Software. (2) PSI shall not further modify any ROM Image for use with products other than Licensee Products; provided, however, that such restriction shall not be interpreted to restrict PSI’s right to modify the PS OS Software. (3) Each copy of the ROM Image distributed by PSI shall be distributed subject to the terms of a written agreement, the terms of which shall be at least as protective as the ROM Image E▇▇▇▇. PSI shall use commercially reasonable efforts to have the written agreements be valid and enforceable, and shall use commercially reasonable efforts to employ signed written agreements in jurisdictions where PSI knows click through or other unsigned agreements are not valid and enforceable. (4) PSI shall not permit the distribution or re-distribution of any ROM Image by any third party, including, but not limited to, persons who license the ROM Image under the ROM Image E▇▇▇▇; provided, however, that such restriction shall not be interpreted to restrict PSI’s right to distribute or re-distribute the PS OS Software. (5) If PalmSource decides to distribute the ROM Image from its developer website, PalmSource shall include a link to the home page of Licensee’s developer website, together with a caption that reads substantially as follows: “For more palmOne tools and programs, click here <URL for palmOne’s current developer site>.” PalmSource agrees to change such caption or URL (or both) as reasonably directed by Licensee in order to conform the caption to use current product names and a current corporate identifier, and (b) otherwise as reasonably directed by Licensee subject to the prior written approval of PalmSource (such approval not to be unreasonably withheld), in each case at any time upon thirty (30) days notice from Licensee.