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- END USER LICENSE AGREEMENT FOR USING SDK LIBRARIES WITH LABWINDOWS/CVI
-
- IMPORTANT - READ CAREFULLY: This End-User License Agreement ("EULA") is a
- legal agreement between you (either an individual or a single entity) and NATIONAL
- INSTRUMENTS CORPORATION for LabWindows/CVI, which includes computer sofware and
- associated media and printed materials, and "online" or electronic documentation
- ("SOFTWARE PRODUCT" or "SOFTWARE"). By installing, copying or otherwise using the
- SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not
- agree to the terms of this EULA, promptly return the unused SOFTWARE PRODUCT to
- the place from which you obtained it for a full refund.
-
- SOFTWARE PRODUCT LICENSE
-
- The SOFTWARE PRODUCT is protected by copyright laws and intemational copyright treaties,
- as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed,
- not sold.
-
- l.GRANT OF LICENSE. This EULA grants you the following limited, non-exclusive rights:
-
- SOFTWARE PRODUCT. You may install and use the enclosed SOFTWARE
- PRODUCT on a single computer to design, develop, and test software application products
- for use with Microsoft Windows or Windows NT ("Application").
-
- SAMPLE CODE. You may modify the sample source code located in the SOFTWARE
- PRODUCTs "samples" directories ("Sample Code") to design, develop and test your
- Application. You may also reproduce and distribute the Sample Code in object code form
- along with any modifications you make to the Sample Code, provided that you comply
- with the Distribution Requirements described below. For purposes of this Section,
- "modifications" shall mean enhancements to the functionality of the Sample Code.
-
- REDISTRIBUTABLE CODE. Portions of the SOFTWARE PRODUCT are designated
- as "Core Files" and "Redistributable Code". The text file REDIST.TXT
- describes the distribution rights associated with each file of the Redistributable Code and
- the Core Files, subject further to the Distribution Requirements described below.
-
- DISTRIBUTION REQUIREMENTS. You may copy and redistribute the Sample Code
- and/or Redistributable Code, (collectively "REDISTRIBUTABLE COMPONENTS") as
- described above provided that: (a) you distribute the REDISTRIBUTABLE
- COMPONENTS only in conjunction with and as a part ofyour Application; b) your
- Application adds significant and primary functionality to the REDISTRIBUTABLE
- COMPONENTS; (c) the REDISTRIBUTABLE COMPONENTS only operate in
- conjunction with Microsoft Windows or Windows NT; (d) you do not permit further
- redistribution of the REDISTRIBUTABLE COMPONENTS by your end-user customers;
- (e) any distribution of the Core Files identified in the file REDIST.TXT is only
- in conjunction with your Application and includes each and every Core File distributed as
- a single set; (f) you not use Microsoft's name, logo, or trademarks to market your
- Application; (g) you include a valid copyright notice on your Application; and (h) you
- agree to indemnify, hold harmless, and defend COMPANY and its suppliers from and
- against any claims or lawsuits, including attorney's fees, that arise or result from the use or
- distribution ofyour Application. Contact Microsoft Corporation for the applicable royalties
- due and other licensing terms for all other uses and/or distribution of the
- REDISTRIBUTABLE COMPONENTS.
-
- You may not distribute a version of your Application that executes any pre-release API
- without marking your Application "BETA". In order to determine whether an API is pre-
- release, you should do at least one of the following: (a) test your Application using the
- porting tool "porttool.exe" included in the SOFTWARE PRODUCT; (b) check the help
- file "win32sdk.mvb" for a listing of pre-release APIs which are marked as "preliminary-
- Windows 95" or "preliminary-Windows NT" (as applicable); or (c) test your Application
- using the Import Checker "impchk.ese" included in the SOFTWARE PRODUCT.
-
- NATIONAL INSTRUMENTS CORP and its suppliers reserve all rights not expressly granted to you.
-
- 2. COPYRIGHT. All right, title and copyrights in and to the SOFTWARE PRODUCT
- (including but not limited to any images, photogaphs, animations, video, audio, music,
- text and "applets," incorporated into the SOFTWARE PRODUCT), and any copies ofthe
- SOFTWARE PRODUCT, are owned by COMPANY or its suppliers. The SOFTWARE
- PRODUCT is protected by copyright laws and international treaty provisions. Therefore,
- you must treat the SOFTWARE PRODUCT like any other copyrighted material except
- that you may either (a) make one copy ofthe SOFTWARE PRODUCT solely for backup
- or archival purposes, or (b) install the SOFTWARE PRODUCT on a single computer
- provided you keep the original solely for backup or archival purposes. You may not copy
- the printed materials accompanying the SOFTWARE PRODUCT.
-
- 3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
-
- Limitations on Reverse Engineering, Decompilation and Disassembly. You may nor
- reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and
- only to the extent that such activity is expressly permitted by applicable law
- notwithstanding this limitation.
-
- Rental. You may not rent or lease the SOFTWARE PRODUCT.
-
-
- Software Transfer. You may permanently transfer all of your rights under this EULA,
- provided you retain no copies, you transfer all ofthe SOFTWARE PRODUCT
- (including all component parts, the media and printed materials, any upgrades, this
- EULA and, if applicable, the Certificate ofAuthenticity), and the recipient agrees to the
- terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must
- include all prior versions of the SOFTWARE PRODUCT.
-
- Termination. Without prejudice to any other rights, COMPANY may terminate this
- EULA if you fail to comply with the terms and conditions of this EULA. In such event,
- you must destroy all copies of the SOFTWARE PRODUCT and all of its
- componentparts.
-
- 4. EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or
- will, directly or indirectly, export or transmit (a) the SOFTWARE PRODUCT or related
- documentation and technical data or (b) your Application as described in Section 1 of
- this Agreement (or any part thereof), or process, or service that is the direct product of
- the SOFTWARE PRODUCT to any country to which such export or transmission is
- restricted by any applicable U.S. regulation or statute, without the prior written consent,
- if required, of the Bureau of Export Administration of the U.S. Department of
- Commerce, or such other governmental entity as may have jurisdiction over such export
- or transmission.
-
- NO WARRANTIES. To the maximum extent permitted by applicable law, COMPANY
- and its suppliers expressly disclaim any warranty for the SOFTWARE PRODUCT.
- The SOFTWARE PRODUCT and any related documentation is provided "as is"
- without warranty of any kind, either express or implied, including, without limitation,
- the implied warranties or merchantability or fitness for a particular purpose. The
- entire risk arising out of use or performance of the SOFTWARE PRODUCT remains
- with you.
-
- LIMITATION OF LIABILITY. COMPANY and its suppliers' entire liability and your
- exclusive remedy under this EULA shall not exceed one hundred dollars (US$IOO.00).
-
- NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent
- permitted by applicable law, in no event shall COMPANY or its suppliers be liable for
- any damages whatsoever (including, without limitation. damages for loss of business
- profit, business interruption, loss of business information, or any other pecuniary loss)
- arising out of the use or inability to use this product, even if COMPANY or its
- suppliers have been advised of the possibility of such damages. Because some
- states/jurisdictions do not allow the exclusion or limitation of liability for consequential
- or incidental damages, the above limitation may not apply to you.
-
- U.S. GOVERNMENT RESTRICTED RIGHTS
- The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS.
- Use, duplication, or disclosure by the Government is subject to restrictions as set forth in
- subparagraph (c)(l)(ii) of The Rights in Technical Data and Computer Software clause at DFARS
- 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted
- Rights at 48 CFR 52.227-19, as applicable. Manufacturer is [COMPANY/address].
-
- If you acquired this product in the United States, this Agreement is governed by the laws of the
- State of Washington.
-
- If this product was acquired outside the United States, then local law may apply.
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