TI-Nspire™ License Agreement
United States and Canada
TI-Nspire™ 3.x/4.x Math and Science Learning Software for TI Handheld
Single User License
APPLICATION: This Single User License applies to TI-Nspire™ 3.x/4.x Math and Science Learning Software for TI Handheld obtained in the United States or Canada.
IMPORTANT - Read this agreement ("Agreement") carefully before using the Texas Instruments Handheld Device ("THD"). The software program(s) installed on the THD and materials accompanying it are licensed, not sold. By using the software program(s) contained on the THD, you agree to be bound by the terms of this license. If you do not agree with the terms of this license, return the THD and its package with all its contents to the place of purchase for a full refund.
The software program(s) in this installation and any related documentation (collectively referred to as the Program) are licensed, not sold, by Texas Instruments Incorporated (TI) and/or any applicable licensors (collectively referred to as Licensor). Specific details of the license granted are set forth below.
SINGLE USER LICENSE
Licensor grants to you a personal, non-exclusive, non-transferable license to install and use the Program on a THD. You may make one copy of the software for backup and archival purposes. You agree to reproduce all copyright and proprietary notices shown in the software and on the media. Unless otherwise expressly stated in the documentation, you may not duplicate such documentation.
You agree that you will not reverse-assemble or reverse-compile the software program portion of the Program. This license shall automatically terminate in the event you attempt to reverseassemble or reverse-compile the software program portion of the Program or defeat any software protection mechanism contained within the software program portion of the Program. You may not sell, rent, lease or otherwise transfer the Program or any copies, whether in whole or in part.
If you meet the terms of the single user license you are also authorized to use any THD application (App), for which you hold a valid license, with the Program.
Additional Terms Applicable To The Holder Of A Single User License:
WARRANTY DISCLAIMER AND DAMAGES EXCLUSIONS AND LIMITATIONS
Warranty. Licensor does not warrant that the Program will be free from errors or will meet your
specific requirements. Any statements made concerning the utility of the Program are not to be construed as express or implied warranties.
LICENSOR MAKES NO CONDITIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT REGARDING THE PROGRAM AND MAKES THE PROGRAM AVAILABLE ON AN "AS IS" BASIS.
LICENSOR SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES CAUSED BY THE USE OF THE PROGRAM, OR SUFFERED OR INCURRED BY YOU OR ANY OTHER PARTY INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. LICENSOR¿S TOTAL AGGREGATE LIABILITY UNDER THIS LICENSE IS LIMITED TO 500 (FIVE HUNDRED) US$.
THE ABOVE LIMITATIONS OF LIABILITY FOR DAMAGES DO NOT APPLY IN CASE OF CAUSATION OF BODILY HARM DUE TO LICENSOR¿S FAULT, IN CASE OF DAMAGES DUE
TO LICENSOR¿S GROSS NEGLIGENCE OR INTENT OR IF LICENSOR IS LIABLE UNDER MANDATORY PRODUCT LIABILITY LAWS.
GENERAL
This Agreement will immediately terminate if you fail to comply with its terms. Upon termination
of this Agreement, you agree to return or destroy the original package and all whole or partial copies of the Program in your possession and so certify in writing to TI.
The export and re-export of United States original software and documentation is subject to the Export Administration Act of 1969 as amended. Compliance with such regulations is your responsibility.
You agree that you do not intend to nor will you, directly or indirectly, export, re-export or transmit the Program or technical data to any country to which such export, re-export or transmission is restricted by any applicable United States regulation or statute, without the proper written consent or license, if required of the Bureau of Export Administration of the United States Department of Commerce, or such other governmental entity as may have jurisdiction over such export, re-export or transmission.
If the Program is provided to the U.S. Government pursuant to a solicitation issued on or after December 1, 1995, the Program is provided with the commercial license rights and restrictions described elsewhere herein. If the Program is provided to the U.S. Government pursuant to a solicitation issued prior to December 1, 1995, the Program is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
Manufacturer is Texas Instruments Incorporated, 7800 Banner Drive, M/S 3962, Dallas, Texas 75251, U.S.A.
______________________________________
Also see the OpenSSL license.
All other countries
TI-Nspire™ 3.x Math and Science Learning Software for TI Handheld
Single User License
APPLICATION: This Single User License applies to TI-Nspire™ 3.x Math and Science
Learning Software for TI Handheld obtained in any country for which no specific set of license terms is provided herein.
IMPORTANT - Read this license ("License") carefully before using the Texas Instruments Handheld Device ("THD"). By using the software program(s) pre-installed on the THD, you
agree to be bound by the terms of this License. If you do not agree with the terms of this License, return the THD and its original package with all its contents to the place of purchase for a full refund. The package must be returned within 14 days from the date of purchase.
The software program(s) pre-installed on the THD (the "Software") and any related
documentation (collectively referred to as the "Program") are licensed by Texas Instruments Incorporated (TI). Specific details of the license granted are set forth below.
SINGLE USER LICENSE
(1) License
(1.1) TI grants to you a personal, non-exclusive license to use the Program on a THD, transferable only as set forth in paragraph (1.3) below. Unless otherwise expressly stated in the documentation, you may not duplicate such documentation.
(1.2) You agree that you will not reverse-assemble or reverse-compile the Software or use any
other technique to obtain the source code unless this is indispensable to obtain the information necessary to achieve the interoperability of an independently created computer program and provided that: (1) these acts are performed by you or on your behalf, (2) the information necessary
to achieve interoperability has not previously been made available to you by TI within a reasonable
time upon your request, and (3) these acts are confined to the parts of the Software which are necessary to achieve interoperability. The information thus obtained may only be used by you to achieve interoperability. TI shall be entitled to terminate this License for good cause with
immediate effect in the event you breach the foregoing provisions or attempt any action that would constitute a breach of the foregoing provisions.
(1.3) You may not rent, lease or otherwise transfer the Program or any copies, whether in whole or in part to third parties. You may only sell the Program as part of the THD and only if you cause
your purchaser to confirm in writing that the terms of the license set forth herein are binding upon the purchaser and if you keep no copies of the Program.
(1.4) If you meet the terms of this License you are also authorized to use any THD application ("Application"), for which you hold a valid license, with the Program.
(2) Limited Claims in Case of Defects
(2.1) If during the limitation period in paragraph (2.5) below the Program shows a defect which already existed at the time of transfer of risk, TI will at its option and expense repair the defect or supply a replacement ("Subsequent Performance") or take back the THD and refund the purchase price to you. Subsequent Performance shall be effected without a legal obligation.
When
bringing a warranty claim you must show proof of purchase.
(2.2) The Program shows a defect if it does not conform to the functional specification set forth in the applicable user manual.
(2.3) TI shall not be liable for any defects that are caused by neglect, misuse or mistreatment, including improper installation, operation, use, maintenance or testing, use in fields of application and environmental conditions other than those expressly specified by TI; and use in combination
with other products not approved by TI for this purpose, or if the Program has been altered or modified in any way.
(2.4) If Subsequent Performance is not successful within a reasonable period of time, you shall, notwithstanding your claims for damages (which are subject to the Limitation of Liability Clause
below), if any, be entitled to rescind the agreement for the purchase of the THD or to claim a price reduction.
(2.5) The limitation period for warranty claims is one (1) year. For repaired Programs the remainder of the original limitation period shall run from the return of the repaired Program to you. For replaced Programs the limitation period shall start anew upon delivery of the replaced Program to
you.
(2.6) If the analysis of an alleged defect shows that no defect exists, TI is entitled to charge for
the failure analysis at TI¿s then applicable rates. In this case, shipment of the Program will be at your expense and risk.
(3) Intellectual Property Indemnification, Defects in Title
(3.1) Subject to paragraphs (3.2) and (3.3) and the Limitation of Liability Clause below and during the limitation period for warranty claims (paragraph (2.5) of the Limited Claims in Case of Defects Clause above), TI will indemnify you against any damages, liabilities or costs finally awarded against you, or agreed to by TI as settlement or compromise, insofar as such claim is based on an allegation that the Program directly infringes any United States, Canadian, Japanese, Swiss or European Union member state patent, copyright, or other intellectual property right; provided (i) TI is promptly informed and, where applicable, furnished a copy of such claim, (ii) TI is given all evidence in your possession, (iii) TI is given reasonable assistance in and sole control of the defense thereof, to which TI is entitled but not obliged, and all negotiations for its settlement or compromise, and (iv) you do not concede an infringement of intellectual property rights vis-à-vis third parties. If you discontinue the use of the Program for mitigation of damages or other important reasons, you are obligated to point out to the third party claimant that the discontinuation of use does not constitute an acknowledgement of an infringement of such third party's intellectual property rights.
(3.2) In the event of an allegation for which TI is obligated to indemnify you pursuant to paragraph
(3.1) above, TI shall at its option: (i) obtain a license that allows you to continue the use of the Program, or (ii) replace or modify the Program so as to be non-infringing, but in a manner that does not materially affect the functionality of the Program, or (iii) if neither (i) nor (ii) is available to TI at a commercially reasonable expense then refund to you the purchase price and the transportation
costs of the Program. If TI elects the option set forth in clause (iii) above, you shall return to TI any and all products remaining in your possession, custody or control. The foregoing shall be TI's exclusive liability safe for any restricted claims for damages in accordance with the Limitation of Liability Clause below.
(3.3) TI shall have no liability for any costs, losses or damages resulting from your willful acts, or any settlement or compromise incurred or made by you without TI¿s prior written consent. TI shall have no obligation to defend and no liability for any costs, losses or damages, to the extent that an infringement allegation is based upon: (i) your use of the Program in combination with any other product, software or equipment; (ii) your use of the Program in a manner or for an application other than for which it was designed or intended, regardless of whether TI was aware of or had been notified of such use (unless TI has approved such use in writing); or (iii) your modifications
to the Program (the actions set forth in (i) through (iii) above entitle TI to respective claims against you which are individually and collectively referred to herein as "Other Claims").
(3.4) You shall indemnify and hold TI harmless against any damages, liabilities or costs finally awarded against TI or agreed to by you as settlement or compromise, and will defend any claim
brought against TI insofar as such claim is based on an allegation arising from Other Claims.
(3.5) This Clause states the sole liability of TI and you for intellectual property rights infringement.
(4) Limitation of Liability
(4.1) TI shall be liable without restriction for damages caused by gross negligence and willful intent. Any further liability of TI shall be excluded.
(4.2) With the exception of liability under product liability law, for the breach of a guarantee for the
quality of the Program, for fraudulently concealed defects and for injury to life, body or health, the above limitations of liability shall apply to all claims for damages, irrespective of their legal basis.
(4.3) The above limitations of liability also apply in case you bring a claim against TI¿s employees or agents.
GENERAL
(1) TI may terminate this License for good cause with immediate effect if you fail to comply with its terms. Upon termination of this License, you agree to return or destroy the original package
and all whole or partial copies of the Program in your possession and so certify in writing to TI.
(2) The export and re-export of the Program is subject to the export control laws of the country in which you bought the THD and the United States Export Administration Act of 1969 as amended.
Compliance with such regulations is your responsibility. You agree that you do not intend to nor will you, directly or indirectly, export, re-export or transmit the Program or technical data to any country to which such export, re-export or transmission is restricted by any applicable regulation or statute of the country in which you bought the THD or of the United States, without the proper
written consent or license, if required of the competent authority in the country in which you bought the THD and/or the Bureau of Industry and Security of the United States Department of Commerce.
(3) This License shall be governed by and interpreted in accordance with Swiss law. The United
Nations Convention on Contracts for the International Sale of Goods shall not apply.
(4) If any provision in this License or part of any provision shall be or become invalid, the other provisions as well as the other part of the provision shall remain valid.
(5) This License constitutes the entire agreement and understanding of you and TI. Any additions or modifications hereto must be made in writing and signed by a duly authorized TI representative. This also applies to any waiver of this requirement of written form.
(6) Manufacturer is Texas Instruments Incorporated, 7800 Banner Drive, M/S 3962, Dallas, Texas 75251, U.S.A.
______________________________________
Also see the OpenSSL license below.
OpenSSL License
Portions of files from the following directories are covered by the OpenSSL License.
aes, des, engine, evp, rand, rsa, sha, src
OpenSSL License follows:
Copyright (c) 1998-2007 The OpenSSL Project. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must display the following acknowledgment:
"This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)"
4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact openssl-core@openssl.org.
5. Products derived from this software may not be called "OpenSSL" nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project.
6. Redistributions of any form whatsoever must retain the following acknowledgment:
"This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)"
THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
===================================================================
This product includes cryptographic software written by Eric Young (eay@cryptsoft.com). This
product includes software written by Tim Hudson (tjh@cryptsoft.com).
Original SSLeay License
-----------------------
Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com) All rights reserved.
This package is an SSL implementation written by Eric Young (eay@cryptsoft.com).
The implementation was written so as to conform with Netscapes SSL. This library is free for commercial and non-commercial use as long as the following conditions are adhered to. The following conditions apply to all code found in this distribution, be it the RC4, RSA, lhash, DES, etc., code; not just the SSL code. The SSL documentation included with this distribution is covered by the same copyright terms except that the holder is Tim Hudson (tjh@cryptsoft.com). Copyright remains Eric Young's, and as such any Copyright notices in the code are not to be removed.If this package is used in a product, Eric Young should be given attribution as the author of the
parts of the library used. This can be in the form of a textual message at program startup or in documentation (online or textual) provided with the package. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must display the following acknowledgement:
"This product includes cryptographic software written by Eric Young (eay@cryptsoft.com)" The
word 'cryptographic' can be left out if the routines from the library being used are not
cryptographic related.
4. If you include any Windows specific code (or a derivative thereof) from the apps directory (application code) you must include an acknowledgement:
"This product includes software written by Tim Hudson (tjh@cryptsoft.com)"
THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS * OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) * HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The licence and distribution terms for any publicly available version or derivative of this code cannot be changed, i.e., this code cannot simply be copied and put under another distribution licence [including the GNU Public Licence].
End of OpenSSL License
Warranty
For US and Canadian Customers Only
This warranty contains information that supersedes any other warranty that may accompany this product. One-Year Limited Warranty for Commercial Electronic Product This Texas Instruments electronic product warranty extends only to the original purchaser and user of the product.
Warranty Duration: This Texas Instruments electronic product is warranted to the original purchaser for a period of one (1) year from the original purchase date.
Warranty Coverage: This Texas Instruments electronic product is warranted against defective materials and construction.
THIS WARRANTY IS VOID IF THE PRODUCT HAS BEEN DAMAGED BY ACCIDENT OR UNREASONABLE USE, NEGLECT, IMPROPER SERVICE, OR OTHER CAUSES NOT ARISING OUT OF DEFECTS IN MATERIALS OR CONSTRUCTION.
Warranty Disclaimers: ANY IMPLIED WARRANTIES ARISING OUT OF THIS SALE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE ABOVE ONEYEAR PERIOD. TEXAS INSTRUMENTS SHALL NOT BE LIABLE FOR LOSS OF USE OF THE PRODUCT OR OTHER INCIDENTAL OR CONSEQUENTIAL COSTS, EXPENSES, OR DAMAGES INCURRED BY THE CONSUMER OR ANY OTHER USER.
Some states/provinces do not allow the exclusion or limitation of implied warranties or consequential damages, so the above limitations or exclusions may not apply to you.
Legal Remedies: This warranty gives you specific legal rights, and you may also have other rights that vary from state to state or province to province.
Warranty Performance: During the above one (1) year warranty period, your defective product will be either repaired or replaced with a reconditioned model of an equivalent quality (at TI¿s option) when the product is returned, postage prepaid, to Texas Instruments Service Facility. The
warranty of the repaired or replacement unit will continue for the warranty of the original unit or
six (6) months, whichever is longer. Other than the postage requirement, no charge will be made for such repair and/or replacement. TI strongly recommends that you insure the product for value prior to mailing.
Software: Software is licensed, not sold. TI and its licensors do not warrant that the software will be free from errors or meet your specific requirements.
All software is provided "AS IS." Copyright: The software and any documentation supplied with this product are protected by copyright.
For further information on warranty, service or repair, call: 1-800-TI-CARES.
This Class B digital apparatus meets all requirements of the Canadian Interference-Causing
Equipment Regulations.