National instruments software license agreement

Help»Patents in the SOFTWARE, the patents.txt file on the CD-ROM, DVD-ROM, or ni.com/patents. National Instruments, NI, ni.com, and LabVIEW are trademarks of National Instruments Corporation. Refer to ni.com/trademarks for more information about National Instruments trademarks. Further, all other product and company names used herein are (or may be) trademarks or trade names of their respective companies.
13. Application Deployment. You may distribute or otherwise make available Authorized Applications (including applicable runtime engines for the SOFTWARE and applicable driver interface SOFTWARE that you may include as part of or together with your Authorized Applications), provided that you comply with each of the requirements set forth in sub-sections (A) and (B) below:
A. Distribution Requirements.
(1.) You include the following copyright notice "Copyright © [insert year] National Instruments Corporation. All Rights Reserved." in (a) the Authorized Application′s About Box (if applicable) and (b)(i) any applicable written documentation or, (ii) if no such documentation exists, in a "read me" or other .txt file distributed with each copy of the Authorized Application (you may include your own copyright notice with the notice(s) required above);
(2.) You do not use NI′s name, logo, or trademarks to market your Authorized Application without NI′s express prior written permission;
(3.) You shall indemnify, hold harmless, and defend NI from and against any claims or lawsuits, including attorneys′ fees, that arise or result from the use or distribution of your application, AND EVEN IF DUE IN PART TO NI′S CONCURRENT NEGLIGENCE OR OTHER FAULT OR STRICT LIABILITY WITHOUT REGARD TO FAULT; PROVIDED, HOWEVER, THAT YOUR CONTRACTUAL OBLIGATION OF INDEMNIFICATION SHALL NOT EXTEND TO THE PERCENTAGE OF THE CLAIMANT′S DAMAGES OR INJURIES OR THE SETTLEMENT AMOUNT ATTRIBUTABLE TO NI′S NEGLIGENCE OR OTHER FAULT OR TO STRICT LIABILITY IMPOSED UPON NI AS A MATTER OF LAW; and
(4.) You conform to the requirements described in the SDKLIC.TXT or the other applicable files if you are using Microsoft SDK files or other third party files.
(5.) If you distribute a run-time engine for the SOFTWARE or driver interface SOFTWARE with your Authorized Application, you must pass through to your end users either this Agreement, or your own license agreement, which is substantially in accordance with this Agreement, with restrictions against allowing your end users to (i) 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; (iii) distribute in part, modify, or create derivatives of the SOFTWARE; (iv) amend, modify, or supplement driver interface SOFTWARE with any additional code except for the purpose of further configuring the driver interface SOFTWARE for use with hardware of National Instruments Corporation or its affiliates; and (v) directly or indirectly, export, re-export, download, or ship the SOFTWARE in violation of the laws and regulations of the U.S.A.
(6.) If you distribute a bit file generated by the NI LabVIEW FPGA Module, you must pass through to your end users either this Agreement or your own license agreement, which is substantially in accordance with this Agreement, with restrictions against allowing your end users to (i) reverse engineer, decompile, or disassemble such bit file (except to the extent such foregoing restriction is expressly prohibited by applicable law); (ii) sub-license, lease, or rent such bit file; (iii) distribute in part, modify, or create derivatives of such bit file; (iv) use such bit file except for the purpose of customization of the FPGA functionality of applicable NI hardware; and (v) directly or indirectly, export, re-export, download, or ship such bit file in violation of the laws and regulations of the U.S.A.
B. Fees. Generally, you may distribute or otherwise make available Authorized Applications without paying additional fees to NI. If, however, the Authorized Application was created utilizing any of the following SOFTWARE: LabVIEW Real-Time Module, LabWindows/CVI Real-Time Module, LabVIEW Remote Panels, LabVIEW Datalogging and Supervisory Control Module, National Instruments Sound and Vibration Toolkit, National Instruments Modulation Toolkit, National Instruments Sound and Vibration Measurement Suite, LabVIEW Mobile Module, National Instruments Vision Development Module, National Instruments Vision Acquisition Software, National Instruments Vision Builder for Automated Inspection, National Instruments Switch Executive, National Instruments TestStand, National Instruments Test Executive, National Instruments Lookout, NI-Device, NI GPS Toolkit, or such other SOFTWARE as NI may from time to time designate, then you must (before distributing or otherwise making available the Authorized Application and applicable runtime engines for the SOFTWARE for use on any other computer) either: (i) verify that the recipient has a valid license to run the applicable Authorized Application on (or has a valid license for such SOFTWARE for) each computer on which the Authorized Application will be used; or (ii) obtain written distribution authorization from NI and (if required by NI) pay to NI a per copy distribution/development fee for each Authorized Application distributed. If the Authorized Application utilizes, calls, or otherwise accesses any driver interface SOFTWARE, then you must (before distributing the Authorized Application and applicable driver interface SOFTWARE) either: (i) verify that the recipient has a valid license to such driver interface SOFTWARE for each computer on which the Authorized Application will be used; or (ii) obtain written distribution authorization from NI and (if required by NI) pay to NI a per copy distribution/development fee for each Authorized Application distributed. Contact NI or, if applicable, the NI subsidiary serving your country, for the amount of the applicable per copy distribution/development fee.
14. Limited Warranty. Except for SOFTWARE provided under an evaluation license which SOFTWARE is provided without 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 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 ("Limited Warranty"). 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 NI for use with the SOFTWARE, utilization of an improper hardware or software key (if applicable), or unauthorized maintenance of the SOFTWARE.
15. 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 by you to NI 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.
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