National Instruments software license agreement (Linux driver software)

LICENSE.TXT (text/plain), 19.13 KB, created by Andreas K. Hüttel on 2013-05-17 14:18:14 UTC

NATIONAL INSTRUMENTS SOFTWARE LICENSE AGREEMENT (LINUX DRIVER SOFTWARE)


INSTALLATION NOTICE: THIS IS A CONTRACT. BEFORE YOU DOWNLOAD THE SOFTWARE AND/OR
COMPLETE THE INSTALLATION PROCESS, CAREFULLY READ THIS AGREEMENT. BY DOWNLOADING
THE SOFTWARE AND/OR ENTERING 'y' TO COMPLETE THE INSTALLATION PROCESS, YOU
CONSENT TO THE TERMS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THIS
AGREEMENT. IF YOU DO NOT WISH TO BECOME A PARTY TO THIS AGREEMENT AND BE BOUND
BY ALL OF ITS TERMS AND CONDITIONS, ENTER 'n' OR 'q' TO CANCEL THE INSTALLATION
PROCESS, DO NOT INSTALL OR USE THE SOFTWARE, AND RETURN THE SOFTWARE (INCLUDING,
IF APPLICABLE, ALL ACCOMPANYING WRITTEN MATERIALS, ALONG WITH THEIR CONTAINERS)
WITHIN THIRTY (30) DAYS OF RECEIPT OF THE SOFTWARE TO THE PLACE YOU OBTAINED
THEM. ALL RETURNS SHALL BE SUBJECT TO NI'S THEN CURRENT RETURN POLICY.


1. Definitions. As used in this Agreement, the following terms have the
following meanings:

A. "You." Means you the individual using the SOFTWARE as well as your employer
if you are using the SOFTWARE within the scope of your employment.

B. "NI." Means (i) National Instruments Corporation, a company organized under
the laws of the State of Delaware, U.S.A., if the SOFTWARE is manufactured in
the U.S.A.; (ii) National Instruments Ireland Resources Ltd., a company
organized under the laws of the Republic of Ireland, if the SOFTWARE is
manufactured in the Republic of Ireland; and (iii) National Instruments Europe
Kft, a limited liability company organized under the laws of Hungary, if the
SOFTWARE is manufactured in Hungary. If you are not sure where the SOFTWARE is
manufactured, please contact National Instruments Corporation, 11500 N. Mopac
Expressway, Austin, Texas, U.S.A. 78759-3504 (Attention: Legal Department).

C. "Software." Means all files (including, but not limited to, libraries,
modules, and programs) provided with this Agreement and which are being
installed or otherwise used. SOFTWARE includes all Upgrades that may be provided
by NI in its discretion.

D. "Upgrade." Means any supplemental or replacement code for computer software
you have previously licensed from NI.


2. Grant of License. In consideration of payment of the applicable fees to NI,
NI is willing to provide you with a limited, non-exclusive right to use the
SOFTWARE, but only pursuant to the terms and conditions of this Agreement. The
SOFTWARE is in "use" when loaded into temporary memory (i.e., RAM) or installed
into permanent memory (e.g., hard disk, CD-ROM, network storage device, or other
storage device). Floating, concurrent, or shared use is not permitted under this
Agreement (i.e., allocating an individual license or one seat of a volume
license to non-simultaneous use of the SOFTWARE (in whole or part) on multiple
machines). The specific use rights granted you are as follows:

You may install and use the SOFTWARE on as many computers in your workplace as
you desire; provided, however, that you separately install the SOFTWARE (using
the accompanying installer) on each such machine.

Notes. The following applies:

Source Code Component. One component of the SOFTWARE, the Kernel Abstraction
Layer ("KAL"), is provided to you in source code form. All other components of
the SOFTWARE are provided to you in object code form. You understand that you
must configure and compile the KAL for use under this Agreement. This
configuration and compilation process, however, will be completed on your behalf
by the installer.


3. Restrictions. You may not: (i) for those components of the SOFTWARE
provided in object code form, reverse engineer, decompile, or disassemble the
SOFTWARE (except to the extent such foregoing restriction is expressly
prohibited by applicable law); (ii) sub-license, lease, or rent the SOFTWARE (in
whole or part); (iii) (other than as expressly permitted under this Agreement)
distribute in whole or part, modify, or create derivatives of the SOFTWARE; and
(iv) directly or indirectly, export, re-export, download, or ship the SOFTWARE
(in whole or part) in violation of the laws and regulations of the U.S.A. and
the laws and regulations of the applicable jurisdiction in which you use or are
downloading the SOFTWARE. Under no circumstance is "floating" or shared use
permitted under this Agreement. Nothing in this Agreement, however, is intended
to prevent you from creating your own driver interface software for use with
other NI software and third party hardware; provided, however, that in doing so
you do not modify or use (in whole or part) any of the SOFTWARE.


4. Transfer. The license rights granted hereunder are non-transferable. Except
for the installation rights granted above, you may not distribute or otherwise
provide the SOFTWARE to any third party.


5. Upgrades. If the SOFTWARE is an Upgrade, you may only use the SOFTWARE if
you have (at the time you receive the Upgrade) a valid license to use the
pre-existing SOFTWARE. Further, the license agreement accompanying the Upgrade
applies to your use of the Upgrade. While you may continue to use the
pre-existing SOFTWARE, you may only use it on the same machine upon which the
Upgrade is used and the license that accompanied the pre-existing SOFTWARE will
continue to apply to your use of the pre-existing SOFTWARE.


6. Copyright; No Other Licenses. The SOFTWARE is owned by NI or its suppliers
and is protected by applicable copyright laws and international treaty
provisions. Therefore, you must treat the SOFTWARE like any other copyrighted
material. You may, however, copy the SOFTWARE solely for backup or archival
purposes. All rights not expressly granted to you in this Agreement are reserved
to NI. Further, and without limiting the foregoing, no license or any right of
any kind (whether by express license, implied license, the doctrine of
exhaustion, or otherwise) is granted under any NI patents (whether identified
herein or not) or other intellectual property right of NI with respect to any
other product(s) of NI or of any third party, including without limitation, the
right to use any of these other products.


7. Patent and Trademark Notice. For patents covering National Instruments
products, refer to the appropriate location: Help>>Patents in your software, the
patents.txt file on your CD, or ni.com/patents. ComponentWorks, CVI, FieldPoint,
IMAQ, Lookout, LabVIEW, LabWindows/CVI, Measurement Studio, NI-488.2, NI-CAN,
NI-DAQ, NI-FBUS, NI-VISA, NI-VXI and TestStand are the trademarks of National
Instruments Corporation. DIAdem and DASYLab are the trademarks of National
Instruments Ireland Resources Ltd. Further, all other product and company names
used herein are (or may be) trademarks or trade names of their respective
companies.


8. Limited Warranty. NI warrants, for your benefit alone, that for a period of
ninety (90) days from the date the SOFTWARE is shipped to you (i) the SOFTWARE
will (when used with the applicable NI hardware) perform substantially in
accordance with the accompanying written materials, and (ii) the medium on which
the SOFTWARE is recorded will be free from defects in materials and workmanship
under normal use and service. Any replacement SOFTWARE will be warranted for the
remainder of the original warranty period or thirty (30) days, whichever is
longer. Some states/jurisdictions do not allow limitations on duration of an
express or implied warranty, so the above or any other limitation provided
herein may not apply to you. In such event, such warranties are limited to the
minimum warranty period allowed by applicable law. You must obtain a Return
Material Authorization number from NI before returning the SOFTWARE under
warranty to NI and you agree to pay expenses for shipment to and from NI. The
Limited Warranty is void if failure of the SOFTWARE has resulted from accident,
abuse, misapplication, improper calibration by you, third party products (i.e.,
hardware or software) used by you which are not intended by National Instruments
for use with the SOFTWARE, utilization of an improper hardware or software key
(if applicable), or unauthorized maintenance of the SOFTWARE.


9. Customer Remedies. NI's sole obligation (and your sole remedy) with respect
to the foregoing Limited Warranty shall be to, at NI's option, return the fees
paid or repair/replace the SOFTWARE, provided that NI receives written notice of
applicable defects during the warranty period. You may not bring an action to
enforce your remedies under the foregoing Limited Warranty more than one (1)
year after the accrual of such cause of action.


10. No Other Warranties. EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SOFTWARE IS
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND NO OTHER WARRANTIES, EITHER
EXPRESSED OR IMPLIED ARE MADE WITH RESPECT TO THE SOFTWARE, INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY OTHER WARRANTIES THAT MAY ARISE FROM
USAGE OF TRADE OR COURSE OF DEALING. NI DOES NOT WARRANT, GUARANTEE, OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE SOFTWARE
IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE AND DOES NOT
WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
NI EXPRESSLY DISCLAIMS ANY WARRANTIES NOT STATED HEREIN.


11. Intellectual Property Liability. NI shall, at its own expense, defend any
claim resulting from your use of the SOFTWARE as authorized by your license to
the extent that such claim alleges that the SOFTWARE infringes any patent,
copyright, or trademark protected by the laws of the U.S.A., Canada, Mexico,
Japan, Australia, Switzerland, Norway, or the European Union, provided that such
claim does not arise from your use of the SOFTWARE in combination with equipment
or devices not made by NI, or from any modification of the SOFTWARE not made by
NI, and further provided that you notify NI in writing immediately upon your
obtaining notice of such impending claim and your full cooperation with NI in
preparing a defense. If you provide to NI the authority, assistance, and
information NI needs to defend or settle such claim, NI shall pay any final
award of damages or settlement with respect to such claim and any expense you
incur at NI's written request, but NI shall not be liable for a settlement made
without its prior written consent. If the SOFTWARE is held to be infringing of
the rights stated above and the use thereof is enjoined or if NI believes the
SOFTWARE may be held to infringe a third party's intellectual property rights,
NI shall, at its option, either (i) procure for you the right to use the
SOFTWARE, (ii) replace or modify the SOFTWARE with other software which does not
infringe, or (iii) receive your return of the SOFTWARE and refund to you the
license fee payment(s) made by you to NI. The foregoing states your sole remedy
for, and NI's entire liability and responsibility for, infringement of any
patent, trademark, copyright, or other intellectual property right relating to
the SOFTWARE. THIS LIMITED INDEMNITY IS IN LIEU OF ANY OTHER STATUTORY OR
IMPLIED WARRANTY AGAINST INFRINGEMENT. THE FOREGOING INDEMNIFICATION OBLIGATIONS
SHALL NOT APPLY TO ANY THIRD PARTY PRODUCTS INCORPORATED IN OR OTHERWISE
PROVIDED WITH THE NI PRODUCTS, AND YOU AGREE TO LOOK TO THE APPLICABLE THIRD
PARTY MANUFACTURER WITH RESPECT TO ANY CLAIMS FOR INFRINGEMENT INVOLVING THIRD
PARTY PRODUCTS.


12. Limitation On Liability. The entire liability of NI and its licensors,
distributors, and suppliers (including its and their directors, officers,
employees, and agents) is set forth above. To the maximum extent permitted by
applicable law, in no event shall NI and its licensors, distributors, and
suppliers (including its and their directors, officers, employees, and agents)
be liable for any damages, including, but not limited to, any special, direct,
indirect, incidental, exemplary, or consequential damages, expenses, lost
profits, lost savings, business interruption, lost business information, or any
other damages arising out of the use or inability to use the SOFTWARE, any
technical support services relating to the SOFTWARE, or related hardware even if
NI or its licensors, distributors, and suppliers has been advised of the
possibility of such damages. You acknowledge that the applicable fees and prices
reflect this allocation of risk. Because some states/jurisdictions do not allow
the exclusion or limitation of liability for consequential or incidental
damages, the above limitation may not apply. If the foregoing limitation of
liability is not enforceable because the SOFTWARE, the services, or the hardware
is determined by a court of competent jurisdiction in a final, non-appealable
judgment to be defective and to have directly caused bodily injury, death, or
property damage, in no event shall NI's liability for property damage exceed
$500 (U.S.).


13. Warning. (1) NI PRODUCTS ARE NOT DESIGNED WITH COMPONENTS AND TESTING FOR
A LEVEL OF RELIABILITY SUITABLE FOR USE IN OR IN CONNECTION WITH SURGICAL
IMPLANTS OR AS CRITICAL COMPONENTS IN ANY LIFE SUPPORT SYSTEMS WHOSE FAILURE TO
PERFORM CAN REASONABLY BE EXPECTED TO CAUSE SIGNIFICANT INJURY TO A HUMAN. (2)
IN ANY APPLICATION, INCLUDING THE ABOVE, RELIABILITY OF OPERATION OF THE
SOFTWARE PRODUCTS CAN BE IMPAIRED BY ADVERSE FACTORS, INCLUDING BUT NOT LIMITED
TO FLUCTUATIONS IN ELECTRICAL POWER SUPPLY, COMPUTER HARDWARE MALFUNCTIONS,
COMPUTER OPERATING SYSTEM SOFTWARE FITNESS, FITNESS OF COMPILERS AND DEVELOPMENT
SOFTWARE USED TO DEVELOP AN APPLICATION, INSTALLATION ERRORS, SOFTWARE AND
HARDWARE COMPATIBILITY PROBLEMS, MALFUNCTIONS OR FAILURES OF ELECTRONIC
MONITORING OR CONTROL DEVICES, TRANSIENT FAILURES OF ELECTRONIC SYSTEMS
(HARDWARE AND/OR SOFTWARE), UNANTICIPATED USES OR MISUSES, OR ERRORS ON THE PART
OF THE USER OR APPLICATIONS DESIGNER (ADVERSE FACTORS SUCH AS THESE ARE
HEREAFTER COLLECTIVELY TERMED "SYSTEM FAILURES"). ANY APPLICATION WHERE A SYSTEM
FAILURE WOULD CREATE A RISK OF HARM TO PROPERTY OR PERSONS (INCLUDING THE RISK
OF BODILY INJURY AND DEATH) SHOULD NOT BE RELIANT SOLELY UPON ONE FORM OF
ELECTRONIC SYSTEM DUE TO THE RISK OF SYSTEM FAILURE. TO AVOID DAMAGE, INJURY, OR
DEATH, THE USER OR APPLICATION DESIGNER MUST TAKE REASONABLY PRUDENT STEPS TO
PROTECT AGAINST SYSTEM FAILURES, INCLUDING BUT NOT LIMITED TO BACK-UP OR SHUT
DOWN MECHANISMS. BECAUSE EACH END-USER SYSTEM IS CUSTOMIZED AND DIFFERS FROM
NI'S TESTING PLATFORMS AND BECAUSE A USER OR APPLICATION DESIGNER MAY USE NI
PRODUCTS IN COMBINATION WITH OTHER PRODUCTS IN A MANNER NOT EVALUATED OR
CONTEMPLATED BY NI, THE USER OR APPLICATION DESIGNER IS ULTIMATELY RESPONSIBLE
FOR VERIFYING AND VALIDATING THE SUITABILITY OF NI PRODUCTS WHENEVER NI PRODUCTS
ARE INCORPORATED IN A SYSTEM OR APPLICATION, INCLUDING, WITHOUT LIMITATION, THE
APPROPRIATE DESIGN, PROCESS, AND SAFETY LEVEL OF SUCH SYSTEM OR APPLICATION.


14. U.S. Government Restricted Rights. If you are an agency, department, or
other entity of the United States Government ("Government"), the use,
duplication, reproduction, release, modification, disclosure, or transfer of the
SOFTWARE, or any related documentation of any kind, including technical data or
manuals, is restricted in accordance with Federal Acquisition Regulation 12.212
(as amended or supplanted) for civilian agencies and Defense Federal Acquisition
Regulation Supplement 227.7202 (as amended or supplanted) for military agencies.
The SOFTWARE is commercial computer software and the related documentation is
commercial computer software documentation. The use of the SOFTWARE and related
documentation is further restricted in accordance with the terms of this
Agreement, or any modification hereto. The Contractor/Manufacturer is National
Instruments Corporation, 11500 North Mopac Expressway, Austin, Texas, U.S.A.,
78759-3504.


15. Compliance. You agree to make all applicable records available for review
by NI during your normal business hours so as to permit NI (upon reasonable
notice to you) to verify your compliance with the terms and conditions of this
Agreement. Further, if you are a business or other entity, you agree that upon
the request of NI or NI's authorized representative, you will promptly document
and certify in writing to NI that your and your employees' use of the SOFTWARE
complies with the terms and conditions of this Agreement. NI may (upon written
notice) inspect your use of the SOFTWARE during your normal business hours to
ensure your compliance with this Agreement. If the results of any such
inspection indicate the underpayment by you of applicable fees due and payable
to NI, you shall: (i) immediately pay such amounts to NI and (ii) reimburse NI
for the cost of such inspection.


16. Termination. This Agreement shall automatically terminate upon failure by
you to comply with its terms. Upon termination of this Agreement, regardless of
the reason, you must destroy all copies of the SOFTWARE.


17. General.

A. If the SOFTWARE is manufactured in the U.S.A., (i) this Agreement is
governed by the laws of the State of Texas, U.S.A., exclusive of any provisions
of the United Nations Convention on the International Sale of Goods, and without
regard to principles of conflicts of law and (ii) the non-exclusive venue for
all actions under this Agreement shall be in the courts located in Travis
County, Texas, U.S.A. and the parties agree to submit to the jurisdiction of
such courts.

B. If the SOFTWARE is manufactured in the Republic of Ireland or the SOFTWARE
is DIAdem, DIAdem Clip, DIAdem Insight, or DASYLab, (i) this Agreement is
governed by the laws of the Republic of Ireland, exclusive of any provisions of
the United Nations Convention on the International Sale of Goods, and without
regard to principles of conflicts of law and (ii) the non-exclusive venue for
all actions under this Agreement shall be in the courts located in Dublin, the
Republic of Ireland and the parties agree to submit to the jurisdiction of such
courts.

C. If the SOFTWARE is manufactured in Hungary, (i) this Agreement is governed
by the laws of Hungary, exclusive of any provisions of the United Nations
Convention on the International Sale of Goods, and without regard to principles
of conflicts of law and (ii) the non-exclusive venue for all actions under this
Agreement shall be in the courts located in Hungary and the parties agree to
submit to the jurisdiction of such courts.

D. This Agreement constitutes the complete agreement between you and NI
regarding the SOFTWARE and it supersedes any oral or written proposals, prior
agreements, purchase orders, or any other communication between you and NI
relating to the subject matter of this Agreement.

E. If any action is brought by either party to this Agreement against the
other regarding the subject matter hereof, the prevailing party shall be
entitled to recover, in addition to any relief granted, reasonable attorney fees
and court costs. If any provision of this Agreement is held invalid, the
offending clause will be modified so as to be enforceable and, as modified,
shall be fully enforced, and the remainder of this Agreement will continue in
full force and effect. If you are downloading the SOFTWARE, you represent and
warrant that you are not located in or under the control of any country which
the export laws and regulations of such country or of the United States prohibit
the exportation of the SOFTWARE to.


(c) 2004-2005 National Instruments Corporation. All Rights Reserved.
371460B-01
March 2005