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Texas Instruments Education Technology License Agreement

LICENSED PROGRAM: TI-Innovator™ Hub Sketch

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”). 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:

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

BSD License

/* --COPYRIGHT--,BSD

* Copyright (c) 2012-2021, Texas Instruments Incorporated

* All rights reserved.

*

* 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 in the documentation and/or other materials provided with the distribution.

* * Neither the name of Texas Instruments Incorporated nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

* 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.

* --/COPYRIGHT--*/

End of BSD license.

Rev20221110