Common use of Obligations and Restrictions Clause in Contracts

Obligations and Restrictions. (1) Licensee shall not charge or receive any compensation specifically for the delivery of copies of the ROM Image. (2) Licensee shall not distribute any copies of the ROM Image that are designed for use with products other than Licensee Products. (3) Each copy of the ROM Image distributed by 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 XXXX. Licensee shall use reasonable efforts to have the written agreements be valid and enforceable, and shall use reasonable efforts to employ signed written agreements in jurisdictions where Licensee knows click through or other unsigned agreements are not valid and enforceable. (4) 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 XXXX. (5) Licensee shall include a link to the home page of PalmSource’s developer website, together with a caption that reads substantially as follows: “For more Palm OS tools and programs, click here <URL for XxxxXxxxxx.xxx’s current developer site>.” (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.