Texas Instruments Education Technology License Agreement
LICENSED PROGRAM: TI-Innovator™ Hub Update Software
IMPORTANT – By using the Licensed Program You agree to abide by the Texas Instruments Online Terms of Use and the provisions of this License Agreement (the “Agreement”). If You use Google API Services, such as Google Single Sign-on, to access a Google account to gain access to Licensed Program, You are also subject to Google APIs Terms of Service (and any other applicable Google terms) to the extent they pertain to Your activities.
Please read these documents carefully. If You do not agree to these terms, do not use the Licensed Program.
You confirm either: (1) that You have reached the age of 18; or (2) You are 13 or older but younger than 18 (“Minor”), that You have reviewed these terms with Your parent or guardian, and that You and Your parent or guardian understand and consent to these terms. If you are a parent or guardian of a Minor who is using the License Program, you accept and agree to (i) supervise the Minor’s use of the Licensed Program; (ii) assume all risks and liability associated with the Minor’s use of the Licensed Program: (iii) ensure the accuracy and truthfulness of all information submitted by you or the Minor; and (iv) assume responsibility and are bound by these terms for the Minor’s access and use of the License Program.
Definitions:
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Hardware Device |
Computer systems supported by TI. Go to Minimum System Requirements for TI Software and select Your country and Licensed Program. |
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Institution |
Commercial enterprise, government organization or educational institution. |
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Licensed Program |
The software program, specified above, You have selected from TI’s Educational Technology website for download or on-line use, and any related documentation. This also includes any upgrades that replace or supplement the original Licensed Program. |
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Other Licensed Material |
Software and other electronic documentation bundled with the Licensed Program which is licensed under terms other than the terms of this Agreement, including, without limitation, open source software or third-party proprietary software. |
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You |
“You” or “Your” means You personally if You will exercise the rights granted herein for Your own benefit, but it means Your Institution, if You are entering into this Agreement to exercise the rights granted herein for the benefit of such Institution. |
Licensed Programs are licensed, not sold, by Texas Instruments Incorporated (“TI”) and/or any applicable licensors (collectively called “Licensor”) under the license granted below. If by accepting this Agreement, You gain access to Other Licensed Material, that material will be listed in the applicable software manifest provided with the Licensed Program. Your use of the Other Licensed Material is subject to the applicable other licensing terms, acknowledgements, and disclaimers as specified in the applicable software manifest and/or identified or included with the Other Licensed Material in the software bundle. For clarification, this Agreement does not limit Your rights under, or grant You rights that supersede, the terms of any applicable license agreement for the Other Licensed Material.
SINGLE USER LICENSE
For the Single User License, Licensor grants to You a personal, non-exclusive, non-transferable license to use (and to download and install, if applicable) the Licensed Program on supported Hardware Devices. Virtual use (i.e., simultaneous use of the Licensed Program by two or more users) is strictly prohibited. You may make one copy of the Licensed Program 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.
Additional Terms Applicable to All Licenses:
1. Restrictions.
You may not reverse-assemble or reverse-compile, or attempt to derive the source code of the Licensed Program. You may not modify, publish, disclose, display, provide, transfer, sell, rent, lease or otherwise make available the Licensed Program or any portion thereof. You may not transfer, redistribute or sublicense the Licensed Programs except as expressly permitted in this Agreement, and if you sell your Hardware Device to a third party, You must remove the Licensed Program from the Hardware Device before doing so. Licensor reserves all rights in and to the Licensed Program not expressly granted to You under this Agreement.
2. Support and Changes.
Support for the Licensed Program is provided by contacting TI at https://education.ti.com/ti-cares. TI reserves the right to discontinue or to make corrections, enhancements, improvements, and other changes to the Licensed Program at any time in its sole discretion.
3. Copyright.
The Licensed Program is subject to copyright and other applicable intellectual property protections. You must not remove, alter, cover, or obscure any confidentiality, trade secret, trade mark, patent, copyright or other proprietary notice or other identifying marks or designs from any component of the Licensed Program.
4. Warranty.
TI does not warrant that the Licensed Programs will be free from errors or will meet Your specific requirements. THE LICENSED PROGRAMS ARE PROVIDED “AS IS” AND WITH ALL FAULTS. TI AND ITS LICENSORS MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE LICENSED PROGRAMS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF ANY THIRD-PARTY PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER INTELLECTUAL PROPERTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TI WILL CREATE ANY WARRANTY.
5. Limitations.
IN NO EVENT SHALL TI OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF USE OR DATA, OR INTERRUPTION OF BUSINESS, WHETHER THE ALLEGED DAMAGES ARE LABELED IN TORT, CONTRACT OR INDEMNITY.
IN NO EVENT WILL TI’S OR ITS LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT OR ARISING OUT OF YOUR USE OF THE LICENSED PROGRAMS, OR ANY DATA BREACH INVOLVING STUDENT DATA COLLECTED BY TI, EXCEED THE GREATER OF (i) THE AMOUNTS PAID BY YOU FOR THE LICENSED PROGRAMS OR (ii) FIFTY U.S. DOLLARS (US$50).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or limitation on how long an implied warranty lasts, so the above limitation may not apply to You.
6. Your Content and Indemnity.
You represent and warrant any content You use with the Licensed Program or, if applicable, route into Google services such as Google Classroom and Google Drive will not infringe the intellectual property rights of others. You further represent and warrant such content will comply with applicable third-party terms including, without limitation, Google requirements related to content You route into Google services. You agree to indemnify and hold TI (including its agents and representatives) harmless against any damages, costs, losses, and/or liabilities arising out of Your non-compliance with the terms and provisions of this Agreement. This section will survive any termination or expiration of this Agreement.
7. Termination.
Without prejudice to any other rights, if You violate the terms of this Agreement, TI may terminate Your right to use the Licensed Program. Except for licenses granted above, all provisions of this Agreement shall survive expiration or termination of this Agreement.
8. Export Control.
The Licensed Program may be subject to U.S. export controls and sanctions. You agree to comply with all applicable laws and regulations. Licensed Program may not be exported, re-exported, transferred, or resold to U.S. embargoed, sanctioned, or restricted destinations, persons or entities (collectively, “Denied Persons”). Denied Persons include, but are not limited to, those individuals or entities listed on the Commerce Department’s Denied Persons List, the Commerce Department’s Entity List, the Directorate of Defense Trade Controls’ List of Statutorily Debarred Parties, and the Treasury Department’s List of Specially Designated Nationals. By using the Licensed Program, You represent and warrant that You are not located in any such country or on any such list, and that You will not provide the License Program to any Denied Persons. You may not use or otherwise export or re-export the Licensed Program except as authorized by United States law and the laws of the jurisdiction in which the Licensed Program were obtained. You also agree that You will not use the Licensed Program for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, chemical, or biological weapons or missile technology. For additional information, see Part 744 of the U.S. Export Administration Regulations.
9. Governing Law.
This Agreement will be governed by and interpreted under the laws of the State of Texas (USA), without reference to conflict of laws principles. If a court of competent jurisdiction finds any provision of the Agreement unenforceable, that provision will be enforced to the maximum extent possible to effectuate the intent of the parties, and the remainder of the Agreement shall continue in full force and effect. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, or by the Uniform Computer Information Transactions Act (UCITA). The parties agree that non-exclusive jurisdiction for any dispute arising out of or relating to this Agreement lies within the courts located in the State of Texas. Notwithstanding the foregoing, any judgment may be enforced in any United States or foreign court, and either party may seek injunctive relief in any United States or foreign court. Failure by TI to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision or any other agreement that may be in place between the parties.
10. Governing Language.
Where TI has provided You with a translation of the English language version of this Agreement, You agree that the translation is provided for Your convenience only and that the English language version will govern and control. If there is any contradiction between the English language version of this Agreement and a translation, the English language version will be authoritative and controlling.
11. Entire Agreement.
This is the entire agreement between You and TI, and this Agreement supersedes any prior agreement between the parties related to the subject matter of this Agreement. No amendment or modification of this Agreement will be effective unless in writing and signed by a duly authorized representative of TI. You warrant and represent that You have obtained all authorizations and other applicable consents required empowering You to enter into this Agreement.
Manufacturer is Texas Instruments Incorporated, 12500 TI Boulevard Dallas, Texas 75243, U.S.A.
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SOFTWARE MANIFEST
The following are Other Licensed Material (or portions thereof) that are distributed and/or used with the Licensed Program, and the corresponding copyright statements and licenses which apply thereto.
rev20230628
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SOFTWARE MANIFEST
The following are Other Licensed Material (or portions thereof) that are distributed and/or used with the Licensed Program, and the corresponding copyright statements and licenses which apply thereto.
Apache
The following components are covered by and distributed under the Apache License. Additional files and licenses follow the Apache 2.0 License.
Open Sans
Log4net
Swift 3 (Mac® only)
Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
End of Apache License
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The following components are covered by the Limited License agreement below.
Uniflash DebugServer and device support files
Uniflash Emulation components
TECHNOLOGY SOFTWARE PUBLICLY AVAILABLE
Copyright (c) 2016 Texas Instruments Incorporated
All rights reserved not granted herein.
Limited License Agreement.
This Limited License Agreement (“Agreement”) is a legal agreement between you (either an individual or entity) and Texas Instruments Incorporated (“TI”). The “Software” consists of the following materials: (a) the materials identified as TI proprietary software programs in the software manifest for the software subject to the terms herein, and any “on-line” or electronic documentation associated with these programs, or any portion thereof (the “Licensed Materials”), and (b) the materials identified as open source materials or third party proprietary software in the software manifest for the Software, or any portion thereof (“Public Software”). For clarification, your use of the Licensed Materials is subject to the licensing terms contained in this Agreement and your use of the Public Software is subject to the separate licensing terms specified in the applicable software manifest and/or identified or included with the materials to which they apply. This Agreement does not limit your rights under, or grant you rights that supersede, the license terms of any applicable Public Software license agreement. By installing, copying or otherwise using the Licensed Materials you agree to abide by the terms of this Agreement. If you choose not to accept or agree with these terms, do not download or install the Licensed Materials.
TI hereby grants you a world-wide, royalty-free, non-exclusive license under copyrights and patents it now or hereafter owns or controls to make, have made, use, import, offer to sell and sell ("Utilize") the Licensed Materials. With respect to the foregoing patent license, such license is granted solely to the extent that any such patent is necessary to Utilize the Licensed Materials alone. The patent license shall not apply to any combinations which include the Licensed Materials, other than combinations with devices manufactured by or for TI (“TI Devices”). No hardware patent is licensed hereunder.
Redistributions must preserve existing copyright notices and reproduce this Limited License (including the above copyright notice and the disclaimer and (if applicable) source code license limitations below) in the documentation and/or other materials provided with the distribution.
Redistribution and use in binary form, without modification, are permitted provided that the following conditions are met:
*No reverse engineering, decompilation, or disassembly of this software is permitted with respect to any software provided in binary form.
*any redistribution and use are licensed by TI for use only with TI Devices.
*Nothing shall obligate TI to provide you with source code for the software licensed and provided to you in object code.
If software source code is provided to you, modification and redistribution of the source code are permitted provided that the following conditions are met:
*any redistribution and use of the source code, including any resulting derivative works, are licensed by TI for use only with TI Devices.
*any redistribution and use of any object code compiled from the source code and any resulting derivative works, are licensed by TI for use only with TI Devices.
Neither the name of Texas Instruments Incorporated nor the names of its suppliers may be used to endorse or promote products derived from this software without specific prior written permission.
DISCLAIMER.
THIS SOFTWARE IS PROVIDED BY TI AND TI’S LICENSORS "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 TI AND TI’S LICENSORS 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.
END OF TERMS AND CONDITIONS
End of Limited License
Rev20221014