License

TePhOS

Firmware Licence Agreement

 

    Licence

  1. Under this Firmware Licence Agreement (the “Agreement”), OPA Phoenix Technologies (the “Vendor”) grants to the user (the “Licensee”) a non-exclusive and non-transferable licence (the “Licence”) to use TePhOS – Texas Phoenix Operating System (the “Firmware”).
  2. “Firmware” includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.
  3. Title, copyright, intellectual property rights and distribution rights of the Firmware remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Firmware. This Agreement constitutes a licence for use only and is not in any way a transfer of ownership rights to the Firmware.
  4. The Firmware may be loaded only on Texas Instruments TI-99/4(a) Home Computers. A single copy may be made for backup purposes only. Usage on emulators such as; Classic99, MAME, JS99’er, V9T9 is allowed, but with no guarantee it will operate fully.
  5. The Firmware may not be bundled with any compatible devices or emulators, without full written permission with the Vendor, and any such agreement must be included with any compatible devices and emulators, along with this original license agreement.
  6. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Firmware for use by one or more third parties.
  7. The Firmware may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies, or create derivative works based upon the Firmware.
  8. Failure to comply with any of the terms under the Licence section will be considered a material breach of this Agreement.

    9. Licence Fee

  9. The original donation paid by the Licensee will constitute the entire licence fee and is the full consideration for this Agreement.

    10. Limitation of Liability

  10. The Software is provided by the Vendor and accepted by the Licensee “as is”. Liability of the Vendor will be limited to a maximum of the original purchase price of the Firmware. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Firmware.
  11. The Vendor makes no warranty expressed or implied regarding the fitness of the Firmware for a particular purpose or that the Firmware will be suitable or appropriate for the specific requirements of the Licensee.
  12. The Vendor does not warrant that use of the Firmware will be uninterrupted or error-free. The Licensee accepts that firmware in general is prone to bugs and flaws within an acceptable level as determined in the industry.

    13. Warrants and Representations

  13. The Vendor warrants and represents that it is the copyright holder of the Firmware. The Vendor warrants and represents that granting the licence to use this Firmware is not in violation of any other agreement, copyright or applicable statute.

    14. Acceptance

  14. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee (“Acceptance”) on installation of the Firmware.

    15. Term

  15. The term of this Agreement will begin on Acceptance and will continue for a period of (1 Month) “30 Day Trial Period”. At the end of the term of this Agreement the Licensee should out of the kindest of their human heart, donate a small one-time payment of $20 USD to the Vendor, for each installation of the Firmware, and failure to do so, must destroy all copies of the Firmware in their possession.

    16. Termination

  16. This Agreement will be terminated and the Licence forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Firmware or return the Firmware to the Vendor.

    17. Force Majeure

  17. The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.

    18. Governing Law

  18. The Parties to this Agreement submit to the jurisdiction of the courts of the Province of Ontario for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the Province of Ontario.

    19. Miscellaneous

  19. This Agreement can only be modified in writing signed by both the Vendor and the Licensee.
  20. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.
  21. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
  22. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
  23. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
  24. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor’s successors and assigns.

    25. Copyright

  25. The Firmware is owned by OPA Phoenix Technologies and is protected by Canada & United States copyright laws and international treaty provisions. You must treat the Firmware like any other copyrighted material.

    26. Notices

  26. All notices to the Vendor under this Agreement are to be provided at the following address:

OPA Phoenix Technologies

6D-7398 Yonge Street, Suite #2199

Thornhill, Ontario  CANADA  L4J-8J2

Telephone: +1-437-435-TI99

E-Mail: sales@opaphoenix.com

Website: TePhOS.com

Last Revision: May 18th, 2025