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. Compliance with such regulations is your responsibility. The export and re-export of United States original software and documentation is subject to the Export Administration Act of 1969 as amended. 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. This Agreement will immediately terminate if you fail to comply with its terms. TO LICENSOR¿S GROSS NEGLIGENCE OR INTENT OR IF LICENSOR IS LIABLE UNDER MANDATORY PRODUCT LIABILITY LAWS. THE ABOVE LIMITATIONS OF LIABILITY FOR DAMAGES DO NOT APPLY IN CASE OF CAUSATION OF BODILY HARM DUE TO LICENSOR¿S FAULT, IN CASE OF DAMAGES DUE LICENSOR¿S TOTAL AGGREGATE LIABILITY UNDER THIS LICENSE IS LIMITED TO 500 (FIVE HUNDRED) US$. BECAUSE SOME STATES OR PROVINCES 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. 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. 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. Any statements made concerning the utility of the Program are not to be construed as express or implied warranties. Licensor does not warrant that the Program will be free from errors or will meet your WARRANTY DISCLAIMER AND DAMAGES EXCLUSIONS AND LIMITATIONS If you meet the terms of the single user license you are also authorized to use any THD application (App), for which you hold a valid license, with the Program.Īdditional Terms Applicable To The Holder Of A Single User License: You may not sell, rent, lease or otherwise transfer the Program or any copies, whether in whole or in part. This license shall automatically terminate in the event you attempt to reverseassemble or reverse-compile the software program portion of the Program or defeat any software protection mechanism contained within the software program portion of the Program. You agree that you will not reverse-assemble or reverse-compile the software program portion of the Program. Unless otherwise expressly stated in the documentation, you may not duplicate such documentation. You agree to reproduce all copyright and proprietary notices shown in the software and on the media. You may make one copy of the software for backup and archival purposes. SINGLE USER LICENSE Licensor grants to you a personal, non-exclusive, non-transferable license to install and use the Program on a THD. Specific details of the license granted are set forth below. The software program(s) in this installation 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). If you do not agree with the terms of this license, return the THD and its package with all its contents to the place of purchase for a full refund. By using the software program(s) contained on the THD, you agree to be bound by the terms of this license. The software program(s) installed on the THD and materials accompanying it are licensed, not sold. IMPORTANT - Read this agreement ("Agreement") carefully before using the Texas Instruments Handheld Device ("THD"). TI-Nspire™ 3.x/4.x Math and Science Learning Software for TI HandheldĪPPLICATION: This Single User License applies to TI-Nspire™ 3.x/4.x Math and Science Learning Software for TI Handheld obtained in the United States or Canada.
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