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PhatUpdate SDK for Windows Mobile

Overview

PhatUpdate SDK for Microsoft Windows Mobile offers an easy and convenient way to provide updates for installed software products and offer additional products compatible with the user's device. The PhatUpdate SDK comes complete with the PhatUpdate program, which is built into the most recent versions of PhatWare's PhatPad, PhatNotes, and CalliGrapher applications, and documentation that describes how it can be customized to be used with any software on a Classic, Standard or Professional device powered by Windows Mobile 5.0 or later. In addition to product updates, the application can also be configured to offer trial versions of other 1st and 3rd party software and provides links to download and purchase the software directly from the device. While no programming in necessary to add PhatUpdate application to an existing product, the SDK also offers two C++ samples that demonstrate how to share PhatUpdate among multiple products and create an optional user DLL that can modify PhatUpdate behavior and extend its functionality.

Pricing and Licensing Terms

The PhatUpdate SDK is available for $599 per royalty-free site license, includes one year maintenance and updates and two hours of engineering support via phone or email. The license allows developers to redistribute PhatUpdate application with one or more Windows Mobile software products. The maintenance plan can be renewed for $199 per year. Please refer to the License Agreement below for detailed information.

You can purchase the SDK online with credit card. Alternatively you can fax or mail company's Purchase Order to:

Attn: Sales
PhatWare Corp.
530 Showers Drive Suite 7 #333
Mountain View, CA 94040-1457
USA

FAX: +1-509-455-5641
Email: sales@phatware.com

PhatUpdate SDK License Agreement Copyright (c) 2007-2008 PhatWare Corp. THE FOLLOWING TERMS AND CONDITIONS CREATE A SOFTWARE LICENSE AGREEMENT ("LICENSE AGREEMENT") BETWEEN PHATWARE CORPORATION. (REFERRED TO AS "PHATWARE") AND THE INDIVIDUAL OR SINGLE ENTITY (REFERRED TO AS "LICENSEE") FOR THE "LICENSED SOFTWARE" (AS DEFINED BELOW). PLEASE READ THESE LICENSE TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING OR USING THE LICENSED SOFTWARE. IF THE LICENSED SOFTWARE IS AN UPDATED OR NEW VERSION OF ANY SOFTWARE FOR WHICH YOU HAVE PREVIOUSLY EXECUTED A WRITTEN SOFTWARE LICENSE AGREEMENT WITH PHATWARE ("ORIGINAL SOFTWARE LICENSE AGREEMENT"), THE TERMS AND CONDITIONS OF SUCH ORIGINAL SOFTWARE LICENSE AGREEMENT SHALL APPLY AND SUPERCEDE THE TERMS OF THIS LICENSE AGREEMENT. IN ALL OTHER CASES THE TERMS OF THIS LICENSE AGREEMENT SHALL APPLY AND THESE LICENSE TERMS AND CONDITIONS WILL CONSTITUTE THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN THE PARTIES AND SUPERSEDES ANY AND ALL PREVIOUS COMMUNICATIONS, REPRESENTATIONS OR AGREEMENTS, WHETHER WRITTEN OR ORAL, WITH RESPECT TO THE SUBJECT MATTER HEREOF. ANY TERM OR CONDITION IN ANY PURCHASE ORDER OR OTHER DOCUMENT FURNISHED BY LICENSEE THAT IS IN ADDITION TO OR INCONSISTENT WITH THIS LICENSE AGREEMENT IS HEREBY EXPRESSLY REJECTED. THE LICENSED SOFTWARE IS LICENSED AND NOT SOLD. 1. DEFINITIONS. "Application" means a software application that makes use of or incorporates the PHATWARE Binaries in its implementation without exposing any part of the Licensed Software application programming interface either directly or indirectly. "Licensed Developer" means an individual software developer, employed by or under contract to Licensee, whom Licensee has designated as a "Licensed Developer," and for whom Licensee has paid the applicable per product or per module license fees required to authorize such person to use such products or modules to develop Applications on Licensee's behalf. "Licensed Software" means the PHATWARE software components, in source code or binary form, for which Licensee has paid the applicable per product or per module license fees, together with the user guides, build guides, reference manuals and other documentation accompanying such software components or otherwise made available by PHATWARE (collectively, the "Documentation"), any executables delivered with the software components and any modified or updated versions of any of the foregoing made available to Licensee. "PHATWARE Binaries" means any Licensed Software binary or library files (.exe, .lib, .dll, etc.), in binary form, intended to be embedded in an Application or used in the execution of an Application. 2 LICENSE GRANTS. 2.1 Development License Grant. Subject to the terms and conditions of this License Agreement, PHATWARE grants to Licensee a nonexclusive, nontransferable, perpetual, limited right and license to: (a) permit Licensed Developers to install and use the Licensed Software, on a per product or per module basis, for the sole purpose of creating Applications; (b) permit a reasonable number of other persons employed by or under contract to Licensee to install and use the Licensed Software for the sole purpose of building the PHATWARE Libraries, and to use the PHATWARE Binaries for the sole purpose of linking, compiling or testing Applications created by Licensed Developers; and (c) copy or have copied the Licensed Software and PHATWARE Binaries as necessary for the purpose of exercising the rights granted under this Section or for back-up or disaster recovery purposes, provided, that PHATWARE's copyright notice and other proprietary rights notices are reproduced on each copy. 2.2 Deployment and Distribution Limitations. Subject to the terms and conditions of this License Agreement, Licensee PHATWARE grants to Licensee a nonexclusive, nontransferable, perpetual, royalty-free, limited right to redistribute PHATWARE Binaries incorporated into Licensee's applications. Redistribution of stand-alone versions of Licensed Software or any portion of it is prohibited. Licensee shall not modify, disassemble, decompile, reverse engineer, rent, lease, loan or transfer the Software. Licensee shall not make any copies of the Licensed Software except for these as specified in Sections 2.1 of this License Agreement. 3. LICENSE RESTRICTIONS AND LICENSEE RESPONSIBILITIES. 3.1 Development Restrictions. The development rights granted to Licensee in Section 2.1 may only be exercised by individual developers employed by or under contract to Licensee that Licensee has designated as "Licensed Developers" and for whom Licensee has paid the applicable per product or per module development license fees. If one Licensed Developer ceases to be employed by or under contract to Licensee or permanently ceases work on projects involving the Licensed Software, then Licensee may designate an alternate developer to replace such Licensed Developer at no additional cost. However, the development license is not a concurrent license that may be used by numerous developers in shifts. Licensee may not create a programmatic interface that makes use of the Licensed Software application programming interfaces for use by any party other than Licensed Developers and must ensure that persons other than Licensed Developers do not have programmatic access to the Licensed Software or PHATWARE Binaries either directly or indirectly. Nothing herein shall grant Licensee the right to grant its customers the right to programmatically use or grant others the right to programmatically use the Licensed Software or PHATWARE Binaries. 3.2 General Use Limitations. All rights not specifically granted herein are retained by PHATWARE. Licensee may not, nor may Licensee permit any other person or entity to use, copy, modify, or distribute the Licensed Software (electronically or otherwise), or any copy, adaptation, transcription, or merged portion thereof (including the PHATWARE Binaries), or the Documentation except as expressly authorized by PHATWARE. Licensee may not modify or port the Licensed Software or PHATWARE Binaries to operate on or deploy the PHATWARE Binaries or Applications on platforms other than those for which it has paid the appropriate fees. Licensee may not, nor may Licensee permit any other person or entity to, reverse assemble, reverse compile, or otherwise translate any binary forms of the Licensed Software, except to the extent applicable laws specifically prohibit such restriction. Licensee's rights may not be transferred, leased, assigned, or sublicensed except for a transfer of the License Agreement in its entirety to (1) a successor in interest of Licensee's entire business who assumes the obligations of this License Agreement or (2) any other party who is reasonably acceptable to Terms and Conditions of this License Agreement. No service bureau work, multiple-user license, or time-sharing arrangement is permitted, except as expressly authorized by PHATWARE. If Licensee uses, copies, or modifies the Licensed Software or PHATWARE Binaries or transfers possession of any copy, adaptation, transcription, or merged portion thereof to any other party in any way not expressly authorized by PHATWARE, all licenses under this License Agreement are automatically terminated. 3.3 Proprietary Protection. PHATWARE shall have sole and exclusive ownership of all right, title, and interest in and to the Licensed Software and all modifications and enhancements thereof (including ownership of all trade secrets and copyrights pertaining thereto), subject only to the rights and privileges expressly granted to Licensee herein by PHATWARE. This License Agreement does not provide Licensee with title or ownership of the Licensed Software, but only a right of limited use. Licensee must keep the Licensed Software free and clear of all claims, liens, and encumbrances. 3.4 Compliance Verification. Licensee must have a commercially-reasonable process in place to track the number of developers using the Licensed Software in order to ensure that the appropriate license fees have been paid. Licensee will, upon PHATWARE's request, certify in writing the number developers using the Licensed Software, on a per product or per module basis, as of the date of the request. In the event Licensee fails to provide such certification within thirty (30) days of PHATWARE's request, or, if PHATWARE reasonably believes that a certification provided by Licensee is inaccurate or that Licensee is otherwise not in compliance with the terms of this License Agreement, Licensee will permit PHATWARE, or a mutually-approved independent representative, to enter Licensee's premises, during regular business hours, to verify Licensee's compliance with the terms of this License Agreement. 3.5 Development of Applications. The Licensed Software is intended for use by sophisticated developers. Licensee is responsible for selecting persons who are qualified to use the Licensed Software on Licensee's own equipment and are familiar with the Licensed Software. Licensee is also responsible for ensuring a proper environment and proper utilities for the development and execution of Applications utilizing the Licensed Software. Licensee represents that it has the requisite expertise to evaluate the suitability of the Licensed Software and that it has undertaken its own investigation of the suitability of the Licensed Software in the Applications. Licensee represents that it has relied upon its own skill and judgment in selecting the Licensed Software and developing the Applications. 3.6 Relationship with End Users. There are no third party beneficiaries to this License Agreement. Consequently, PHATWARE provides no warranty at all to any person, other than the limited warranty provided to Licensee hereunder. Licensee will be solely responsible for the development of the Applications authorized by this License Agreement and for providing all support or services required or requested by end users of the Applications. Licensee will not make any representations or warranties to its employees, customers, end users or any other third party on PHATWARE's behalf. PHATWARE assumes no responsibility under this License Agreement, either directly or indirectly, for damages to Licensee or third parties resulting from the direct or indirect use of the Applications created by or on behalf of Licensee and Licensee shall defend and hold harmless PHATWARE from any such damages. Licensee hereby agrees to indemnify and hold harmless PHATWARE from and against any and all claims, actions, or demands arising with respect to Applications developed and/or distributed by Licensee, with the sole exception of those matters for which PHATWARE bears responsibility under Section 6 of this License Agreement. The foregoing indemnity shall be contingent upon PHATWARE: (1) giving written notice to the Licensee of any claim, demand, or action for which indemnity is sought; (2) fully cooperating in the defense or settlement of any such claim, demand, or action; and (3) obtaining the prior written agreement of the Licensee to any settlement or proposal of settlement. 3.7 Remedies. Licensee acknowledges that, in the event of Licensee's breach of any of the foregoing provisions, PHATWARE will not have an adequate remedy in money or damages. PHATWARE will therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request without posting a bond. PHATWARE's right to obtain injunctive relief shall not limit its right to seek further remedies. 4. FEES AND ENGINEERING SUPPORT The fee paid to PHATWARE for the Licensed Software includes two (2) hours of telephone or email engineering support on a best efforts basis provided during the first thirty (30) days after the purchase date of the Licensed Software. Telephone and email contact information will be provided to you. Additional engineering support is available at the then-current rate, subject to availability. 5. LIMITED WARRANTY, DISCLAIMER AND LIMITATION OF LIABILITY. 5.1 Limited Warranty. PHATWARE warrants to Licensee that the unaltered Licensed Software, when used as permitted under the License Agreement and in accordance with the instructions in the Documentation, will operate substantially as described in the Documentation for a period of ninety (90) days from the date of delivery (the "Software Warranty Period"). The Licensed Software is provided to Licensee as binary code and is for use by sophisticated software developers, and PHATWARE does not warrant that use of the Licensed Software will be uninterrupted or error-free, that all errors will be corrected, or that use of the Licensed Software will meet Licensee's needs. PHATWARE will, at its own expense and as its sole obligation and Licensee's sole and exclusive remedy for any breach of this warranty, use commercially reasonable efforts to correct any reproducible error in the Licensed Software reported to PHATWARE by Licensee in writing during the Software Warranty Period; provided, however, that no such error correction provided to Licensee will extend the original Software Warranty Period. If PHATWARE determines that it is unable to correct the error, PHATWARE may, upon approval by Licensee, refund to Licensee the fees paid by the Licensee for the defective Licensed Software and terminate the License Agreement and all licenses granted herein. In the event Licensee does not approve of such refund and termination of the License Agreement, Licensee will be entitled to keep the Licensed Software and use it pursuant to the licenses granted herein; provided, however, that PHATWARE will not be obligated to provide Maintenance and Support for the Licensed Software that is impacted by the reported defect. Exclusions. The limited warranty set forth above will not apply to defects resulting from, or because of, modifications made to the Licensed Software by anyone other than PHATWARE, misuse, failure of media not furnished by PHATWARE, operation with media, software or equipment not authorized by PHATWARE in the Documentation or not meeting or not maintained in accordance with the supplier's specifications, or causes other than ordinary use. The warranty set forth above will not be enlarged, diminished or affected by, and no obligation or liability will arise from, PHATWARE's rendering of technical advice, assistance or service in connection with Licensee's selection or use of the Licensed Software. 5.2 DISCLAIMER. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 5.1 ABOVE, THE LICENSED SOFTWARE IS PROVIDED "AS IS," WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. PHATWARE SPECIFICALLY DISCLAIMS ALL OTHER PROMISES, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE OR COURSE OF DEALING. 5.3 LIMITATION OF LIABILITY. THE CUMULATIVE LIABILITY OF PHATWARE TO LICENSEE FOR ALL CLAIMS RELATING TO THE LICENSED SOFTWARE AND THIS LICENSE AGREEMENT, INCLUDING ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL LICENSE FEES PAID TO PHATWARE HEREUNDER. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS LICENSE AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO THE INDEMNIFICATION PROVIDED IN SECTION 6 HEREOF. PHATWARE SHALL HAVE NO LIABILITY FOR LOSS OF DATA OR DOCUMENTATION, IT BEING UNDERSTOOD THAT LICENSEE IS RESPONSIBLE FOR REASONABLE BACK-UP PRECAUTIONS. IN NO EVENT SHALL PHATWARE BE LIABLE FOR ANY LOSS OF PROFITS; ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; OR ANY CLAIMS OR DEMANDS BROUGHT AGAINST LICENSEE, EVEN IF PHATWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DEMANDS. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS LICENSE AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. LICENSEE MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (E.G., CONSUMER LAWS) THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF SUCH LAWS APPLY, CERTAIN EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO LICENSEE; HOWEVER, ALL OTHER RESTRICTIONS AND LIMITATIONS SHALL REMAIN IN EFFECT. 5.4 INDEMNIFICATION. If a third party claims that the Licensed Software infringes its patent, copyright, or trade secret, or any similar intellectual property right, PHATWARE will defend Licensee against that claim at PHATWARE's expense and pay all damages that a court finally awards, provided that Licensee promptly notifies PHATWARE in writing of the claim, and allows PHATWARE to control, and cooperates with PHATWARE in, the defense or any related settlement negotiations. If such a claim is made or appears possible, Licensee agrees to permit PHATWARE to enable Licensee to continue to use the Licensed Software, or to modify or replace it. If PHATWARE determines that none of these alternatives is reasonably available, Licensee will agree to return the Licensed Software on PHATWARE's written request, and Licensee will then receive a credit equal to the net book value for the Licensed Software determined in accordance with generally accepted accounting principles. However, PHATWARE has no obligation for any claim based on Licensee's modification of the Licensed Software or its combination, operation, or use with any product, data, or apparatus not specified or provided by PHATWARE, provided that such claim solely and necessarily is based on such combination, operation, or use, and such claim would be avoided by combination, operation, or use with products, data, or apparatus specified or provided by PHATWARE. THIS PARAGRAPH STATES PHATWARE'S ENTIRE OBLIGATION TO LICENSEE WITH RESPECT TO ANY CLAIM OF INFRINGEMENT. 6. TERMINATION. 6.1 Term. The term of this License Agreement will begin as of the date that Licensee receives the Licensed Software and will remain in effect perpetually unless terminated under this Section 6. 6.2 Termination for Cause. PHATWARE may terminate this License Agreement if Licensee breaches its obligations hereunder. PHATWARE will effect such termination by giving Licensee notice of termination, specifying therein the alleged breach. If the breach is curable, Licensee will have a grace period of thirty (30) days after such notice is served to cure the breach described therein. If the breach is cured within the thirty (30) day grace period, then this License Agreement will remain in effect; otherwise, this License Agreement will automatically terminate upon the conclusion of the thirty (30) day grace period. 6.3 Effect of Termination. Upon termination of the License Agreement for any reason the following terms shall apply: (a) all rights granted under this License Agreement will immediately terminate and Licensee must immediately stop all use of the Licensed Software; (b) Licensee must return to PHATWARE or destroy all copies of the Licensed Software provided to or made by or on behalf of Licensee, and will, within ten (10) days after the effective date of termination, provide PHATWARE with written certification that all such copies have been returned or destroyed; and (c) all provisions of this License Agreement with the exception of the licenses granted in Section 2 and Maintenance and Support obligations set forth in Section 4 will survive termination of this License Agreement for any reason. Termination of the License Agreement will not affect Licensee's obligation to pay all amounts accrued hereunder prior to the effective date of termination. 7. MISCELLANEOUS 7.1 Severability. If any term or provision of the License Agreement is found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, the License Agreement will remain in full force and effect, and in such event, such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. 7.2 Governing Law/Forum Selection. The License Agreement and the parties' rights and obligations hereunder shall be solely and exclusively construed, interpreted and enforced under and in accordance with the laws of the State of California, United States of America, without any reference to conflicts of law principles. The parties agree that the U.N. Convention on the International Sale of Goods shall not apply to the License Agreement. Any and all disputes between the parties that cannot be amicably resolved, arising under, out of, or otherwise relating to the License Agreement, Licensed Software or any services provided by PHATWARE to Licensee shall be brought and resolved solely and exclusively in the state or federal courts located in the State of California, United States of America. Both parties hereby irrevocably consent to the jurisdiction of such courts and service of process in connection therewith. Any judgment rendered by such courts may be entered and enforced by any court having jurisdiction over the party against which an award is entered or its assets. Both parties hereby irrevocably waive any objections to the jurisdiction of such courts based on any ground, including without limitation improper venue or forum non conveniens. 7.3 No Joint Venture. Nothing contained in the License Agreement will be construed so as to make the parties partners or joint venturers or to permit either party to bind the other party to any agreement or purport to act on behalf of the other party in any respect. 7.4 Waiver and Modifications. Failure by either party to enforce any rights under this License Agreement will not be construed as a waiver of such rights, and a waiver by either party of a default hereunder in one or more instances will not be construed as constituting a continuing waiver or as a waiver in other instances. No modification of this License Agreement shall be binding unless it is in writing and is signed by an authorized representative of the party against whom enforcement of the modification is sought. 7.6 Import/Export Law. Licensee may not import, use or otherwise export or re-export the Licensed Software except as authorized by United States law and the laws of the jurisdiction in which the Licensed Software was obtained. 7.7 Taxes. License fees and Maintenance and Support fees are exclusive of, and Licensee will pay, all shipping charges and all taxes, duties and other charges or fees imposed by governmental authorities arising out of the License Agreement or the use of the Licensed Software by Licensee and its Licensed Developer(s). In addition, if any Licensed Software will be delivered to points outside of the United States, all export duties, import duties, tariffs, value added taxes, licenses and other similar taxes, duties and fees will be paid by Licensee. 7.8 U.S. Government Rights. The Licensed Software is a "commercial item" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Licensed Software with only those rights set forth in this License Agreement.

System Requirements

• Portable or desktop PC with Microsoft Windows XP or later.
• Microsoft Visual Studio 2005 or 2008 with support for Windows Mobile 5.0 or later development environment.
• 2MB hard disk space, additional 5MB is required during installation for temporary files.
• VGA monitor (Super VGA recommended)
• Mouse or other pointing device
• Monitor with a touch screen or a graphic tablet is recommended.

Download PhatUpdate application

You can download PhatUpdate application which is included with the SDK and test it on your device. PhatUpdate supports Windows Mobile Classic, Standard, and Professional version 5.0 or later.

• Download PhatUpdate for WM Classic/Professional
  
• Download PhatUpdate for WM Standard

Note: In addition to the PhatUpdate application the SDK also includes product documentation, samples, and royalty-free license that allows to redistribute PhatUpdate application with your products.

Using PhatUpdate SDK

You can add the PhatUpdate utility to any Windows Mobile application's distribution (CAB file) following these 6 simple steps:

• Rename the PhatUpdate.exe file as you wish. This name will be used for custom registry settings. When renaming the .exe file, use the whole or partial company and/or product name to ensure the uniqueness of the new file name; for example AcmeProductUpdate.exe.
  
• Add this file to your product installation (CAB) file. Optional: If you want to include the PhatUpdate utility with multiple products, modify the setup DLL as described in the Installing PhatUpdate section.
  
• Add a new registry key that matches the new product name to your installation project: HKEY_LOCAL_MACHINE\Software\PhatWare\AcmeProductUpdate (see the Quick Start Guide in the documentation section for the list of required registry variables).
  
• Add a new registry key that contains your product's version number in the format recognized by PhatUpdate: HKEY_LOCAL_MACHINE\Software\<your_comapny>\<product_name>. Note that the company name must match the name specified in the corresponding field in the product list on the update server, while the product name in the registry does not have to match the product name in the product list (see the Quick Start Guide in the documentation for the list of required registry variables).
  
• Create the product list (txt) file and place it onto the update server at the location (name) you specified in the registry. See the Product List File Format section in the documentation and the common\wmproductlist.txt sample file included with the SDK.
  
• Optional: create a user-defined DLL to extend and/or modify some of the PhatUpdate functions. See the User-Defined DLL section and the userdll_example for more information.