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 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 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 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 PalmSource’s developer website, together with a caption that reads substantially as follows: “For more Palm OS tools and programs, click here <URL for PalmSource’s current developer site>.” Licensee agrees to change such caption or URL (or both) (a) as reasonably directed by PalmSource in order to conform the caption to use current product names and a current corporate identifier, and (b) otherwise as reasonably directed by PalmSource subject to the prior written approval of Licensee (such approval not to be unreasonably withheld), in each case at any time upon thirty (30) days notice from PalmSource. (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) Licensee PSI 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) Licensee PSI shall not distribute further modify 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 Licensee must 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 XXXX. Licensee 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 Licensee PSI knows click through or other unsigned agreements are not valid and enforceable. (4) Licensee 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 XXXX; provided, however, that such restriction shall not be interpreted to restrict PSI’s right to distribute or re-distribute the PS OS Software. (5) Licensee If PalmSource decides to distribute the ROM Image from its developer website, PalmSource shall include a link from to the home page of Licensee’s developer website (or such other Licensee webpage as the parties may mutually agree) to the home page of PalmSource’s developer website, together with a caption that reads substantially as follows: “For more Palm OS palmOne tools and programs, click here <URL for PalmSourcepalmOne’s current developer site>.” Licensee PalmSource agrees to change such caption or URL (or both) (a) as reasonably directed by PalmSource Licensee in order to conform the caption to use current product names and a current corporate identifier, and (b) otherwise as reasonably directed by PalmSource Licensee subject to the prior written approval of Licensee PalmSource (such approval not to be unreasonably withheld), in each case at any time upon thirty (30) days notice from PalmSourceLicensee. (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) 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 XXXXEXXX. 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 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 XXXXEXXX. (5) 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 PalmSource’s developer website, together with a caption that reads substantially as follows: “For more Palm OS tools and programs, click here <URL for PalmSource’s current developer site>.” Licensee agrees to change such caption or URL (or both) (a) as reasonably directed by PalmSource in order to conform the caption to use current product names and a current corporate identifier, and (b) otherwise as reasonably directed by PalmSource subject to the prior written approval of Licensee (such approval not to be unreasonably withheld), in each case at any time upon thirty (30) days notice from PalmSource. (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) Licensee PSI 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) Licensee PSI shall not distribute further modify 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 Licensee must 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 XXXXEXXX. Licensee 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 Licensee PSI knows click through or other unsigned agreements are not valid and enforceable. (4) Licensee 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 XXXXEXXX; provided, however, that such restriction shall not be interpreted to restrict PSI’s right to distribute or re-distribute the PS OS Software. (5) Licensee If PalmSource decides to distribute the ROM Image from its developer website, PalmSource shall include a link from to the home page of Licensee’s developer website (or such other Licensee webpage as the parties may mutually agree) to the home page of PalmSource’s developer website, together with a caption that reads substantially as follows: “For more Palm OS palmOne tools and programs, click here <URL for PalmSourcepalmOne’s current developer site>.” Licensee PalmSource agrees to change such caption or URL (or both) (a) as reasonably directed by PalmSource Licensee in order to conform the caption to use current product names and a current corporate identifier, and (b) otherwise as reasonably directed by PalmSource Licensee subject to the prior written approval of Licensee PalmSource (such approval not to be unreasonably withheld), in each case at any time upon thirty (30) days notice from PalmSourceLicensee. (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.