National instruments software license agreement

No Other Warranties. EXCEPT AS EXPRESSLY SET FORTH ABOVE, NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED ARE MADE WITH RESPECT TO THE SOFTWARE OR SOFTWARE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THERE ARE NO 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 OR SOFTWARE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE OR SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
17. 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 that you fully cooperate 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 infringing 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.
18. 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 the greater of $50,000 (U.S.) or the license fee paid for the SOFTWARE.
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