License Agreement for 3rd Party Drivers on Instrument Driver Network (IDNet)

National Instruments Corporation (“NI”) hereby grants to you a license to its copyright rights to use, modify, and distribute every driver software that you download from NI’s Instrument Driver Network (“Software”) in source or binary forms or both, with or without modification. NI conditions this license on your compliance with the following:

 

  • Your modifications must add material features or functionality to the Software;

 

  • If you distribute unmodified Software in source form, you must (i) retain the filename of the unmodified Software, (ii) retain all NI markings and legal notices in the unmodified Software, and (iii) ensure that any materials you distribute with the unmodified Software comply with NI’s trademark and logo guidelines, available at http://www.ni.com/legal/trademarks/

 

  • If you distribute modified Software, you must (i) change the filename of the modified Software, (ii) remove all NI markings and legal notices from the modified Software, and (iii) ensure that any materials you distribute with the modified Software do not in any way associate the modified Software with NI; and,

 

  • You may not simultaneously distribute more than 100 drivers unless you have first obtained NI’s signed, written permission to do so.

 

To avoid any doubt, this agreement does not license any other proprietary right or interest, including, but not limited to, under any patent, trademark, service marks, trade name, or trade secret; and, NI reserves all of those rights.

 

DISCLAIMER OF ALL WARRANTIES AND SUPPORT, AND OF LIABILITY AND DAMAGES. This Software may contain in whole or in part pre-release, untested, or not fully tested works. This Software may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that your use of this Software, or any portion thereof, is at your sole and entire risk. THIS SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND THE NI EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. NI DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THIS SOFTWARE, THAT THIS SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THIS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THIS SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NI CREATES ANY WARRANTY.

 

You acknowledge that this Software is not tested by NI for use in the operation of nuclear facilities, aircraft navigation, communication systems, air traffic control machines, or medical devices (including surgical implants and life support systems) or applications in which case the failure of this Software could lead to death, personal injury, or severe physical or environmental damage. You expressly acknowledge and agree that you, solely, are responsible for verifying and validating the suitability of this Software for use in any particular system or application. IN NO EVENT SHALL THE NI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. You expressly acknowledge and agree that (i) this paragraph, to the maximum extent permitted by law, allocates to you all risk associated with your use, modification, and distribution of the Software, and (ii) this allocation is an essential condition of this license.

 

You indemnify NI and hold NI harmless for all claims arising out of or relating to your use, modification, or distribution of any Software.

 

This agreement (i) is the entire agreement between the parties relating to this Software, (ii) supersedes all prior agreements and communications between the parties relating to this Software, and (iii) may be modified only by a written agreement signed by both parties.  The laws of the State of Texas (without regard to its conflict of laws provisions) apply to all matters arising out of or relating to this agreement, and You consents to the non-exclusive jurisdiction of, and agree that venue is proper and convenient in, the state and federal courts sitting in the State of Texas.

 

NI’s failure to exercise any right or seek any remedy (at law or in equity) under this agreement does not waive that or any other right or remedy. A party may waive a right or remedy (at law or in equity) only in a signed, written instrument.