End User License Agreement (Terms of Use)
The following End User License Agreement (“EULA”) and Terms of Use are applicable to all I.Q. Joe Zoom Math Calculator Software (“Software”). If you are using the Software free of charge under the terms of this Agreement, you are not entitled to hard-copy documentation, support or telephone assistance.
Zoom Math Starter Edition – App4Math (“App4Math”) is proprietary software made available free of charge. App4Math may not be modified, disassembled, or reverse engineered. Source code for App4Math will not be made available. However, App4Math can be redistributed in accordance with these Terms.
DISCLAIMER OF WARRANTY
This Software is provided on an “AS IS” basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not I.Q. Joe, LLC assume the entire cost of any service and repair. In addition, the security mechanisms implemented in the Software by I.Q. Joe have inherent limitations, and you must determine that the Software sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of the agreement. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
SCOPE OF GRANT
You may:
- redistribute App4Math in its freeware state to other individuals for the sole purpose of use on calculators, provided any copy must contain all of the original Software’s proprietary notices;
- distribute all I.Q. Joe Zoom Math Calculator Software in its demonstration (shareware) state to other compatible calculators; or
- copy all I.Q. Joe Zoom Math Calculator Software for archival purposes, provided any copy must contain all of the original Software’s proprietary notices.
You may not:
- permit other individuals to use the Software except under the terms listed above;
- modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software;
- rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or
- remove any proprietary notices or labels on the Software.
TITLE
Title, ownership rights, and intellectual property rights in the Software shall remain in I.Q. Joe, LLC. The Software is protected by copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This License gives you no rights to such content.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL I.Q. JOE, LLC OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL I.Q. JOE, LLC BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT I.Q. JOE, LLC RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF I.Q. JOE, LLC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
TERMINATION
The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software.
RESTRICTION
You may not reverse assemble or reverse compile the software program portion of the Licensed Materials that are provided in object code format. You may not sell, rent, or lease copies of the Licensed Materials. A registered z-code is only licensed for that calculator and is not transferable to any other device and/or calculator, all sales are final and no refunds are applicable.
GENERAL
I.Q. Joe, LLC is not affiliated with Texas Instruments Incorporated in any way. I.Q. Joe, LLC may revise these Terms at any time by updating this file. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
THIS SOFTWARE IS NOT FAULT-TOLERANT AND NOT FAIL-SAFE AND SHOULD NOT BE USED IN ANY ENVIRONMENT WHICH REQUIRES IT TO BE SO. THIS SOFTWARE IS TO BE USED RESPONSIBLY AND IT IS ULTIMATELY UP TO THE END USER TO ENSURE RESPONSIBLE USE. END USER MUST ABIDE BY ANY AND ALL LEGAL GUIDLINES AS REQUIRED BY ANY AND ALL PRIVATE, STATE, FEDERAL, COUNTRY AND/OR EDUCATIONAL REQUIREMENTS. ZOOM MATH BY IQ JOE, LLC. IS NOT LEGALLY RESPONSIBLE FOR ANY MISUSE BY THE END USER AND BY ACCEPTING THE TERMS OF USE YOU WAIVE ALL RIGHTS, MEDIATION PROCEEDINGS, LEGAL ACTIONS HERE AND FOREVER AGAINST ZOOM MATH BY IQ JOE, LLC, HOLDING HARMLESS AND UNACCOUNTABLE FOR ANY AND ALL MISUSE, NEGLECT, FAILURE TO UTILIZE IN A RESPONSIBLE MANNER AND/OR ANY OTHER PURPOSES WHICH COULD BE DEEMED INAPPROPROPRIATE FOR ANY AND ALL MEANS.