TI-Innovator™ Hub Software Single User License
APPLICATION: This Single User License applies to TI-Innvator™ Hub 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 TI-Innovator™ Hub (“TIH”). By using the software program(s) pre-installed on the TIH, you agree to be bound by the terms of this License. If you do not agree with the terms of this License, return the TIH 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 TIH (the “Software”) and any related documentation (collectively referred to as the “Program”) are licensed, not sold, 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 TIH, 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 TIH 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 TIH 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 TIH
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 TIH 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 TIH 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 TIH 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 TIH 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.
Wire
Tone
BSD License follows:
/*
* Copyright (c) 2015, 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.
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* * 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
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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.
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End of BSD license.