TI-Nspire™ CX II Connect v5.x Web Tool
IMPORTANT - Read carefully: This TI-Nspire™ CX II Connect v5.x Web Tool License Agreement (“Agreement”) is a legal agreement between you (either an individual or entity) and Texas Instruments Incorporated (“TI”). The “Licensed Materials” subject to this Agreement include the software programs (in whole or in part) that accompany this Agreement and are made available to you as part of the TI-Nspire™ Web Tool (the “Services”), as well as any “online” or electronic documentation (in whole or in part) associated with these software programs and any updates to such software programs and documentation, if any, provided at TI’s sole discretion. By using the Licensed Materials you agree to abide by the provisions set forth herein. This Agreement is displayed for you to read prior to using the Licensed Materials. If you choose not to accept or agree with these provisions, do not use the Licensed Materials or the Services.
1. LICENSE GRANT AND USE RESTRICTIONS
Subject to the terms of this Agreement, TI grants to you a personal, non-exclusive, non-transferable license to use the Licensed Materials solely and exclusively with handheld calculators manufactured by TI.
You agree that you will not modify, reverse-assemble or reverse-compile the software program portion of the Licensed Materials. This license shall automatically terminate in the event you attempt to modify, reverse-assemble or reverse-compile the software program portion of the Licensed Materials or defeat any software protection mechanism contained within the software program portion of the Licensed Materials. You may not sell, rent, lease, distribute or otherwise transfer the Licensed Materials or any copies, whether in whole or in part. EXCEPT AS PROVIDED HEREIN, NO OTHER LICENSE, EXPRESS OR IMPLIED, BY ESTOPPEL OR OTHERWISE, TO ANY OTHER TI INTELLECTUAL PROPERTY RIGHTS IS GRANTED HEREIN.
TI may deliver the Licensed Materials with other software not subject to the terms of this Agreement. Your use of other software is subject to the terms of the applicable software license(s) listed in the accompanying software manifest, header files, text files, or other location customarily used for licensing terms. You must agree to the terms of each applicable license, or you cannot use the other software. TI provides other software on an “as is” basis, without any representation, warranty, or liability to TI of any kind.
2. LICENSED MATERIALS OWNERSHIP
The Licensed Materials are licensed, not sold to you, and can only be used in accordance with the terms of this Agreement. Subject to the licenses granted to you pursuant to this Agreement, TI and TI’s licensors own and shall continue to own all right, title and interest in and to the Licensed Materials. You agree that all fixes, modifications and improvements to the Licensed Materials conceived of or made by TI that are based, either in whole or in part, on your feedback, suggestions or recommendations are the exclusive property of TI and all right, title and interest in and to such fixes, modifications or improvements to the Licensed Materials will vest solely in TI. You acknowledge and agree that regardless of the changes made to the Licensed Materials, your right to use any and all derivatives of the Licensed Materials shall remain subject to the terms and conditions of this Agreement.
The Licensed Materials are provided to you as part of the Services. Your access to and use of the Licensed Materials under this Agreement and in conjunction with the Services may be terminated, in whole or in part, at any time and for any reason. You acknowledge and understand that upon termination by TI, which may be immediate and without notice, all applications, data and content generated in conjunction with the Licensed Materials may be deleted from the Services site and may not be recoverable.
This Agreement will immediately terminate if you fail to comply with its terms. You may terminate this Agreement at any time by written notice to TI. Upon expiration or termination of this Agreement, you will destroy any and all copies of the Licensed Materials, including any derivatives thereof, in your possession, custody or control, if any, and provide to TI a written statement signed by your authorized representative certifying such destruction. Except for Section 1, all provisions of this Agreement shall survive expiration or termination of this Agreement.
TI reserves the right, in its sole discretion, to terminate, suspend, or modify your access to, all or any part of the Licensed Materials or Services, without notice, at any time and for any reason.
4. WARRANTY DISCLAIMER AND DAMAGES EXCLUSIONS AND LIMITATIONS
TI DOES NOT WARRANT THAT LICENSED MATERIALS OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEIR OPERATION WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED. TI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE LICENSED MATERIALS AND SERVICES IN TERMS OF ITS ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE LICENSED MATERIALS AND SERVICES, LOSS OF DATA, OR LOSS OF USE OR INTERRUPTION OF LICENSED MATERIALS AND SERVICES.
THE LICENSED MATERIALS AND SERVICES ARE PROVIDED STRICTLY “AS IS” AND WITH “ALL FAULTS”. TI MAKES NO WARRANTIES OR REPRESENTATIONS WITH REGARD TO THE LICENSED MATERIALS AND SERVICES OR USE THEREOF, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING FOR ACCURACY, COMPLETENESS, OR SECURITY. TO THE FULL EXTENT PERMISSIBLE BY LAW, TI DISCLAIMS ANY WARRANTY OF TITLE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUIET POSSESSION, AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS WITH REGARD TO THE LICENSED MATERIALS AND SERVICES OR USE THEREOF.
TI WILL NOT BE LIABLE FOR AND WILL NOT DEFEND OR INDEMNIFY YOU AGAINST ANY THIRD PARTY INFRINGEMENT CLAIM THAT RELATES TO OR IS BASED ON A COMBINATION OF ANY ITEMS OR PRODUCTS PROVIDED IN THE LICENSED MATERIALS AND SERVICES. TO THE FULL EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL TI BE LIABLE FOR ANY ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY AND WHETHER OR NOT TI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN ANY WAY OUT OF THE LICENSED MATERIALS AND SERVICES OR YOUR USE THEREOF.
You will fully indemnify TI and its representatives against any damages, costs, losses, and/or liabilities arising out of your non-compliance with the terms and provisions of this Agreement.
TI reserves the right to discontinue or to make corrections, enhancements, improvements, and other changes to the Licensed Materials or the Services at any time and in its sole discretion.
5. EXPORT CONTROL
Exports, re-exports, and transfers of Licensed Materials and Services may be subject to U.S. export controls and sanctions. You acknowledge and agree that: i) you will comply with all applicable laws and regulations; ii) Licensed Materials may not be exported, re-exported, sold or transferred to U.S. embargoed, sanctioned, or restricted destinations, persons, or entities without first obtaining any necessary governmental authorization; and iii) you will provide notice of these compliance obligations to any party obtaining Licensed Materials from you.
Unless any necessary U.S. and other applicable government authorizations are obtained in advance, you may not export, re-export, transfer, purchase, or sell (including, without limitation, by permitting the Licensed Materials to be downloaded) any Licensed Materials: (i) for a military end use; (ii) to a military end user; or (iii) for the design, development, fabrication, or use of nuclear, chemical, or biological weapons or missile technology. For additional information, see Part 744 of the U.S. Export Administration Regulations.
You will indemnify and hold TI (including its agents and representatives) harmless against any damages, costs, losses, and/or liabilities arising out of any non-compliance by you with this section. If any required authorization cannot be obtained, or in the event you breach this section, TI may terminate, cancel, or otherwise be excused from any obligations that it may have under this Agreement. Licensed Materials classifications are for TI convenience only and shall not be construed as a representation or warranty of any kind; you are responsible for your own compliance obligations. This section will survive any termination or expiration of this Agreement.
Any claim relating to the Licensed Materials or the Services will be governed by and interpreted in accordance with the laws of the State of Texas, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Licensed Materials or the Services will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the state and federal courts sitting in Dallas County, Texas. You agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule.
TI operates or manages the Licensed Materials and Services from its offices within the United States. TI makes no representations that the Licensed Materials and Services are appropriate or available for use in other areas of the world. Those who access the Licensed Materials and Services from locations outside the United States are responsible for compliance with applicable local laws.
TI reserves the right to make changes to this Agreement at any time without prior notice to you. When you use the Licensed Materials or Services you are accepting the current version of this Agreement. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Manufacturer is Texas Instruments Incorporated, 12500 TI Blvd., Dallas, Texas 75243, U.S.A.
The following program files are covered under the MIT License.
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