End-User License Agreement
Calculator Applications
IMPORTANT - Read this agreement ("Agreement") carefully before installing the software program(s) and/or calculator application(s). The software program(s) and/or calculator program(s) and any related documentation (collectively referred to as the Program) are licensed, not sold, by Texas Instruments Incorporated (TI) and/or any applicable licensors (collectively referred to as Licensor). By installing or otherwise using the Program, you agree to be bound by the terms of this license. If the Program was delivered to you on diskette(s) or CD and you do not agree with the terms of this license, return this package with all its contents to the place of purchase for a full refund of any license fee paid. If the Program was delivered to you over the Internet and you do not agree with the terms of this license, do not install or use the Program and contact TI for instructions on obtaining a refund of any license fee paid.
Specific details of the license granted depend upon the license fee you paid and are set forth below. For purposes of this Agreement, a site ("Site") consists of one entire physical campus of an educational institution accredited by an association recognized by the U.S. Department of Education or the State Board of Education, or by their equivalents in other countries. All additional terms of the Agreement apply regardless of the license granted.
SINGLE USER LICENSE
If you paid a license fee for a Single User License, Licensor grants to you a personal, non-exclusive, non-transferable license to install and use the Program on a single computer and calculator. You may make one copy of the Program for backup and archival purposes. You agree to reproduce all copyright and proprietary notices shown in the Program and on the media. Unless otherwise expressly stated in the documentation, you may not duplicate such documentation.
EDUCATIONAL MULTIPLE USER LICENSE
If you paid a license fee for an Educational Multiple User License, Licensor grants you a non-exclusive, non-transferable license to install and use the Program on the number of computers and calculators specified for the license fee you paid. You may make one copy of the Program for backup and archival purposes. You agree to reproduce all copyright and proprietary notices shown in the Program and on the media. Except as expressly stated herein or in the documentation, you may not duplicate such documentation. In cases where TI supplies the related documentation electronically, you may print the same number of copies of the documentation as the number of computers/calculators specified for the license fee you paid. All the computers and calculators on which the Program is used must be located at a single Site. Each member of the institution faculty may also use a copy of the Program on an additional computer/calculator for the sole purpose of preparing course materials.
EDUCATIONAL SITE LICENSE
If you paid a license fee for an Educational Site License, Licensor grants you a non-exclusive, non-transferable license to install and use the Program on all institution, teacher, or student owned, leased or rented computers and calculators located or used at the Site for which the Program is licensed. Teachers and students have the additional right to use the Program while away from the Site. You may make one copy of the Program for backup and archival purposes. You agree to reproduce all copyright and proprietary notices shown in the Program and on the media. Except as expressly stated herein or in the documentation, you may not duplicate such documentation. In cases where TI supplies the related documentation electronically, you may print one copy of such documentation for each computer or calculator on which the Program is installed. Each member of the institution faculty may also use a copy of the Program on an additional computer/calculator for the sole purpose of preparing course materials. Students must be instructed to remove the Program from student-owned computers and calculators upon the end of their enrollment in the institution.
Additional Terms:
WARRANTY DISCLAIMER AND DAMAGES EXCLUSIONS AND LIMITATIONS
Licensor does not warrant that the Program will be free from errors or will meet your specific requirements. Any statements made concerning the utility of the Program are not to be construed as express or implied warranties.
LICENSOR MAKES NO CONDITIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT REGARDING THE PROGRAM AND MAKES THE PROGRAM AVAILABLE ON AN "AS IS" BASIS.
Although no warranty is given for the Program, the media, if the Program was delivered to you on diskette(s) or CD, will be replaced if found to be defective during the first ninety (90) days of use, when the package is returned postage prepaid to TI. THIS PARAGRAPH EXPRESSES LICENSOR'S MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DEFECTIVE MEDIA.
LICENSOR SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES CAUSED BY THE USE OF THE PROGRAM, OR SUFFERED OR INCURRED BY YOU OR ANY OTHER PARTY INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS WHICH ALLOW TEXAS INSTRUMENTS TO LIMIT ITS LIABILITY, TI'S LIABILITY IS LIMITED TO THE APPLICABLE LICENSE FEE PAID BY YOU.
Because some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or limitation on how long an implied warranty lasts, the above limitations or exclusions may not apply to you.
GENERAL
This Agreement will immediately terminate if you fail to comply with its terms. Upon termination of this Agreement, 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.
The export and re-export of United States original software and documentation is subject to the Export Administration Act of 1969 as amended. Compliance 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 United States regulation or statute, without the proper written consent or license, if required of the Bureau of Export Administration of the United States Department of Commerce, or such other governmental entity as may have jurisdiction over such export, re-export or transmission.
If the Program is provided to the U.S. Government pursuant to a solicitation issued on or after December 1, 1995, the Program is provided with the commercial license rights and restrictions described elsewhere herein. If the Program is provided to the U.S. Government pursuant to a solicitation issued prior to December 1, 1995, the Program is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
Manufacturer is Texas Instruments Incorporated, 7800 Banner Drive, M/S 3962, Dallas, Texas 75251.