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TI-Nspire™ CX II CAS Handheld Operating System

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TI-Nspire™ 5.x Math and Science Learning Software for TI Handheld Single User License


APPLICATION: This Single User License applies to TI-Nspire™ 5.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-com- pile the Software or use any other technique to obtain the source code unless this is indispensable to obtain the information neces- sary 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 termi- nate 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 Pro- gram 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 war- ranty claim you must show proof of purchase.

(2.2) The Program shows a defect if it does not conform to the func- tional 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 reason- able period of time, you shall, notwithstanding your claims for dam- ages (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 deliv- ery 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 Lia- bility 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, liabili- ties or costs finally awarded against you, or agreed to by TI as set- tlement 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 pat- ent, 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 settle- ment or compromise, and (iv) you do not concede an infringement of intellectual property rights vis-à-vis third parties. If you discon- tinue 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 intellec- tual property rights.

(3.2) In the event of an allegation for which TI is obligated to indem- nify 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 commer- cially 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 prod- ucts remaining in your possession, custody or control. The forego- ing 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 noti- fied 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 dam- ages, 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 intellec- tual 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 fraudu- lently 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. Com- pliance 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 Secu- rity of the United States Department of Commerce.

(3) This License shall be governed by and interpreted in accor- dance 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 understand- ing 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, 12500 TI Blvd. Dallas, Texas 75243, U.S.A.



TI-Nspire™數學及科學學習軟件(用於TI便携式裝置)


單用戶許可

重要提示——在使用由德州儀器便携式裝置(“THD”)之前請仔細閱讀本協議(“本協議”)。通過使用在THD內包含的軟件程序,閣下即同意接受本許可條款的約束。如果閣下不同意本許可的條款,請將THD及其包裝連同其全部內容歸還至購買地點以獲得全額退款。

在THD上安裝的軟件程序及任何相關的文檔資料(合稱“電腦程序”)均是由德州儀器(“TI”)及/或任何適用的許可人(合稱“許可人”)授予許可使用而並非由其出售的。所授許可的具體細節詳述如下。

單用戶許可

許可人授予閣下一項個人的、非排他性的、不可轉讓的許可,許可閣下在THD上安裝和使用電腦程序。閣下可以為備份及存檔目的而複製一份軟件。閣下同意複製軟件和介質上所出現的全部版權通告和專有通告。除非文檔資料另行明確規定,否則閣下不得複製該等文檔資料。

閣下同意不複製任何與電腦程序相關的想法或商業秘密,不對電腦程序的軟件程序部分進行反向工程、反向匯編、反向編譯或分析(不論以何種方式)。閣下如試圖複製任何與電腦程序相關的想法或商業秘密,或者對電腦程序的軟件程序部分進行反向工程、反向匯編、反向編譯或分析,或者試圖使電腦程序的軟件程序部分內所包含的任何軟件保護方法變得無效,本許可得自動終止。閣下不得銷售、再分發、出租、租賃或以其他方式轉讓電腦程序或其任何複製件的全部或部分。閣下承認:對於任何違反或威脅違反本協議的行為而言,損害賠償可能並不構成充分的救濟,因此除了法律或衡平法下可獲得的任何其他救濟外,TI還有權就閣下或任何其他方的違約或威脅違約行為而尋求強制履行或禁止令救濟(視情況而定)。

閣下如遵守單用戶許可的條款,亦將獲得授權將閣下持有有效許可的任何THD應用程序(App)與電腦程序一起使用。

適用於單用戶許可持有人的其他條款:

有關保證的免責聲明、損害賠償的例外情況和限制

有限保證。在保證期內,許可人保證,如電腦程序適當地安裝,電腦程序將大致符合適用的用戶手册上所述的功能規格。許可人不保證電腦程序將符合閣下的要求,亦不保證電腦程序的操作將是不間斷的或無差錯的。電腦程序的保證期為兩(2)年,從根據上述單用戶許可條款授權的最終用戶取得許可之日起算。如在保證期內有任何不符之處,閣下必須書面通知許可人。如電腦程序被誤用、進行未經授權的修改或安裝,則本保證無效。閣下對電腦程序進行的任何修改不包括在本保證之內。

救濟。許可人的全部責任和閣下可獲得的唯一救濟按許可人的選擇應是:(a)向許可人退回電腦程序以獲得已付價款的返還;或(b)修改或置換不符合本有限保證的電腦程序;前提是閣下已遵守本許可。

本協議所述保證是全部的保證,並且僅適用於獲得許可使用電腦程序的最終用戶,即閣下。許可人對電腦程序不作出任何其他明示、默示或法定的保證。許可人尤其不對適銷性、正確性、完整性、適合特定用途及不侵犯知識產權的一切默示保證承擔任何責任。

許可人亦不對因使用電腦程序所造成的或閣下或任何其他方所遭受或產生的任何損害或損失(包括但不限於特殊的、間接的、附帶的或後果性的損害)承擔任何責任,即使許可人已被告知有發生該等損害或損失的可能性亦然。

在美國以外的司法管轄區內,前款所述有關損害賠償的例外情況可能不適用於閣下。但是,在任何此等情況下,許可人的責任僅限於因電腦程序的許可使用所造成的可預見的慣常性損害賠償,並且在適用法律允許的程度內排除一切特殊的、間接的、附帶的或後果性的損害賠償,即使許可人已被告知有發生該等損害賠償的可能性亦然。

本許可項下許可人的累計責任總額限於五百(500)美元。

如果因許可人的過錯造成人身傷害,或者因許可人重大疏忽或故意行為造成損害賠償,又或者許可人須根據强制性產品責任法律承擔責任,則上述有關損害賠償的責任限制不予適用。

一般規定

如果閣下未能遵守本協議條款,本協議將立即予以終止。本協議終止時,閣下同意將閣下所佔有的電腦程序的原包裝以及其全部或部分複製件一併歸還或銷毀,並以書面形式向TI加以證明。

美國原軟件和文檔資料的出口以及再出口須遵守美國1969年出口管理法(以修訂後為準)。閣下有責任遵守此等法規。閣下同意:未經美國商務部出口管理局或對電腦程序或技術數據出口、再出口或傳播可能具有管轄權的其他政府實體的正式書面同意或許可(如果要求的話),閣下不擬亦將不會直接或間接地將電腦程序或技術數據出口、再出口或傳播到任何適用的美國法律法規限制對其進行此等出口、再出口或傳播的任何國家。

如果電腦程序是根據於1995年12月1日或該日之後發出的徵求要約而提供給美國政府,電腦程序是與本協議其他內容所述的商業許可權和限制一併提供的。如果電腦程序是根據於1995年12月1日之前發出的徵求要約而提供給美國政府,電腦程序是與FAR, 48 CFR 52.227-14(1987年6月)或者DFAR, 48 CFR 252.227-7013(1988年10月)(以適用者為準)規定的“限制性權利”一併提供的。

本協議受瑞士法律管轄並按其解釋。不適用《聯合國國際貨物銷售合同公約》。

如果本協議的任何條款或任何條款之部分無效或成爲無效,其餘條款以及該條款之其餘部分仍應保持其有效性。

本協議構成閣下和TI之間的全部協議與諒解。對本協議的任何添加或修改必須採用書面形式並經TI正式授權的代表簽署。該規定也適用於對書面形式這一要求的棄權。

生產商是位於美國德克薩斯州達拉斯市的德州儀器(其詳細地址為:12500 TI Blvd. Dallas, Texas 75243, U.S.A.)。


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6. Redistributions of any form whatsoever must retain the following acknowledgment:
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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
------------------------------------------------------------------------------
LAPACK is free software distributed under the license set forth below. Additional files and licenses follow the License for LAPACK.
Copyright (c) 1992-2013 The University of Tennessee and The University of Tennessee Research Foundation. All rights reserved.
Copyright (c) 2000-2013 The University of California Berkeley. All rights reserved.
Copyright (c) 2006-2013 The University of Colorado Denver. All rights reserved.
COPYRIGHT
Additional copyrights may follow
HEADER
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
- Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer listed in this license in the documentation and/or other materials provided with the distribution.
- Neither the name of the copyright holders nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
The copyright holders provide no reassurances that the source code provided does not infringe any patent, copyright, or any other intellectual property rights of third parties. The copyright holders disclaim any liability to any recipient for claims brought against recipient by any third party for infringement of that parties intellectual property rights.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "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 COPYRIGHT OWNER 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.
End of LAPACK License
------------------------------------------------------------------------------
XML-RPC For C/C++ is distributed under the license set forth below.
XML-RPC For C/C++ License
Copyright (C) 2001 by First Peer, Inc. All rights reserved.
Copyright (C) 2001 by Eric Kidd. 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. The name of the author may not be used to endorse or promote products derived from this software without specific prior written permission.
End of XML-RPC For C/C++ License
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