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Terms of Use

IMPORTANT INFORMATION ON TERMS OF USE AND LEGAL RESTRICTIONS

NOTICE: PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU ACCEPT THESE TERMS AND CONDITIONS ("TERMS"). IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.

Use of Site. National Instruments ("NI") authorizes you to view and download the materials at this Web site ("Site") only for your personal, non-commercial use in accordance with the terms and conditions set forth herein, including without limitation the following restrictions: (a) you must retain all copyright and other proprietary notices contained in the original materials on any copies of the materials; (b) you may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and (c) you may not use any of these materials on any other Web site or networked computer environment for any purpose. Unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. Any rights not expressly granted herein are reserved to NI.

Use of Software. Use of all software that you download from this Site ("Software") is subject to the license terms of the applicable software license agreement for such Software. The applicable software license agreement will typically accompany or be provided at the time you download or otherwise access the Software. If not, then contact NI for the applicable Software License Agreement. You may not use the Software until you have read and accepted the terms of the applicable software license agreement.

Intellectual Property. NI respects the intellectual property of others, and we ask our users to do the same. NI software is protected by copyright and other intellectual property laws. Where NI software may be used to reproduce software or other materials belonging to others, you may use NI software only to reproduce materials that you are authorized to reproduce in accordance with the terms of any applicable license or other legal restrictions.

User Contributions. Any information or material ("Communications") that you transmit to this Site is considered non-confidential. NI has no obligations with respect to the Communications, and NI is free and you authorize NI to copy, disclose, distribute, incorporate, translate and otherwise use the Communications and all related data, images, sound, and text for any and all purposes. NI reserves the right, in its sole discretion on a case by case basis, to remove, reject, or otherwise modify any such Communications or any portion(s) thereof. NI may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications, including but not limited to discussion groups, bulletin boards or other user forums, and the content of any such Communications. NI, however, has no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. NI DISCLAIMS ANY AND ALL LIABILITIES FOR AND MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY SUCH COMMUNICATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

For information regarding NI's Copyright Infringement Policy, please see below.

Your Conduct. In the areas on the Site where users transmit or post Communications, you are prohibited from:

Uploading files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
Uploading files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertising or offering to sell or buy any goods or services.
Falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restricting or inhibiting any other user from transmitting or posting Communications.
Harvesting or otherwise collecting information about others, including e-mail addresses.

By transmitting any such Communications, you warrant that: (a) you have full authority to transmit such Communications; (b) you are the sole owner of the Communications and/or such Communications constitute material in the public domain; and (c) neither the Communications nor any part(s) of the Communications will (x) infringe any copyright or other intellectual property rights or violate any proprietary rights or rights of publicity or privacy; (y) contain any scandalous, libelous, or unlawful matter; or (z) contain any formula, process, instruction, or other material that is injurious to a person or property.

Links To Other Web Sites. Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. NI does not control and is not responsible for any of these sites or their content. Thus, NI does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Disclaimer. THE CONTENTS OF THIS SITE ARE PROVIDED "AS IS." NI DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. The contents of this Site could contain technical inaccuracies, typographical errors or out-of-date information. Information may be updated or changed at any time, without notice. Use of such information is therefore at your own risk. Warranties for products purchased from NI are provided in separate documents. Mention of non-NI products or services is for informational purposes only and constitutes neither an endorsement or a recommendation.

Additional Alliance Program Member Disclaimer. National Instruments Alliance Program members, including Alliance Program members who qualify for Select Integrator status, are business entities independent from NI and have no agency, partnership, or joint-venture relationship with NI. Information about the products and services available from Alliance Program members is created and maintained by the respective companies. NI believes these companies offer the types of products described and the support services indicated, but NI is not responsible for any errors or omissions in the descriptions. Further, although NI has a process to sponsor, qualify, and annually review Alliance Program members, NI does not warrant, endorse, or assume responsibility for the performance of any Alliance Program member. Further, although Alliance Program members may provide support and training in the general application of NI products, NI has not tested and does not endorse or certify Alliance Program member products or services. Alliance Program members are solely responsible for their products and services. NI DISCLAIMS ANY AND ALL LIABILITIES FOR AND MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THESE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

Limitation of Liability. NI WILL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENTS OF THIS SITE EVEN IF NI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Applicable Laws. NI administers this Site from its offices in Austin, Texas. NI makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations, including, without limitation, U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of laws.

Use of Press Materials. If you are a news publication agency, NI grants to you and you accept from NI a limited, nonexclusive, world-wide license and right to copy, distribute, publish, and display (collectively referred to as "Use") datasheets, images, press materials, white papers and FAQs that NI supplies to you through this Web site (collectively, "Copyrightable Works"). A "news publication agency" is defined as an organization whose primary function is summarizing and analyzing news and which publishes, on a regular periodic basis, media containing news articles of opinion, features, and advertising. All rights not expressly granted to you are reserved to NI. Your right to use the Copyrightable Works is limited to Use in trade journals, newspapers, magazines, news publishing websites, and other publications maintained by news publication agencies. Notwithstanding the rights granted to you above, in no event may you Use the Copyrighted Works in any manner that (in NI's opinion) defames, tarnishes, or otherwise injures the reputation of NI.

Use Limitation. If you are an entity other than a news publication agency, you agree to notify NI in writing of:

The name or description of the requested Copyrightable Work(s).
Your intended use of the requested Copyrightable Work(s).
The type and/or name of the publication you intend to create.
Any modifications or alterations you intend to make to the requested Copyrightable Works.

You agree not to use the Copyrightable Works without NI's prior written approval, which may be given or withheld by NI in its sole discretion on a case by case basis. NI may, in its sole discretion on a case by case basis, impose further limitations or restrictions on your use of such Copyrightable Works or require you to pay fees, costs, and/or royalties (collectively, "Fees") in connection with delivery or use of such Copyrightable Works.

For example, if you intend to alter one of the Copyrightable Works (creating a derivative work therefrom), NI may require that you submit your derivative work for NI's final approval before publishing such derivative work. NI may also request that you supply NI with a copy of your work for its review prior to supplying you with the requested Copyrightable Works. Finally, NI may limit the geographic scope of your use (i.e., to the United States).

Notwithstanding the rights that may be granted to you by NI, as described above, in no event may you use the Copyrighted Works in any manner that (in NI's opinion) defames, tarnishes, or otherwise injures the reputation of NI. NI reserves the right to impose further limitations or restrictions that NI feels are necessary on a case by case basis and you hereby agree to abide by such limitations or restrictions before using such Copyrightable Works.

General. NI may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Trademarks.
"NI" refers to National Instruments and all of its subsidiaries, business units, and divisions worldwide. "NI Trademarks" refers specifically to NI registered and nonregistered trademarks in the United States and other countries, including, but not limited to, the following:

ActiveMath, AutoCode, BioBench, BridgeVIEW, Citadel, CompactRIO, Crashbase, CVI, DAQCard, DAQ Designer, DAQPad, DAQ-STC, DASYLab, DIAdem, DIAdem CLIP, DIAdem-INSIGHT, DocumentIt!, Electronics Workbench, FieldPoint, Flex ADC, FlexDMM, FlexFrame, FlexMotion, HiQ, HS488, IMAQ, Instrumentation Newsletter, Instrupedia, LabVIEW, LabVIEW Player, Lookout, MANTIS, MATRIXx, Measure, Measurement Ready, Measurement Studio, MITE, MXI, Multisim, NAT4882, NAT7210, NAT9914, National Instruments, National Instruments Alliance Partner, NI, NI-488, ni.com, NI CompactDAQ, NI Developer Suite, NI-Motion, NI Motion Assistant, NI SoftMotion, NI TestStand, NIWeek, RIDE, RTSI, SCXI, Sensors Plug&Play, SignalExpress, SystemBuild, The Software is the Instrument, The Virtual Instrumentation Company, TNT4882, TNT4882C, Turbo488, Ultiboard,VAB, VirtualBench, VXIpc, Xmath

The "National Instruments" corporate logo consists, in part, of a stylized version of the letter "N" and the silhouette of an eagle. The "Eagle" logo consists of the letter "N" in stylized form and an eagle design. The mark LabWindows is used under a license from Microsoft Corporation.

Other names, logos, icons, and marks identifying NI products and services referenced herein, including all marks preceded by "NI," are either trademarks or registered trademarks of NI and may not be used without the prior written permission of NI. Other product and company names listed on the NI Web site or in printed materials are trademarks or trade names of their respective companies.

Logos and Linking
For information on National Instruments logo program or to request permission to link to ni.com, please contact Webmaster@ni.com.

Revised August 30, 2006.

Notice of Copyright Infringement Claims

National Instruments ("NI") is concerned about protecting the copyright and other intellectual property rights of others. We urge you to adhere to all applicable copyright laws. We may disable or terminate any user account and remove or modify any content on our website in our discretion.

You may notify NI in writing by providing the following information to our designated agent, as required by 17 U.S.C. § 512, if you believe you have a copyright infringement claim resulting from material posted on this website:

A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed;
Identification of the copyrighted work, or a representative listing of the copyrighted works, claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to allow the service provider to locate the material (preferably a copy of the relevant URL);
Information reasonably sufficient to allow us to contact you, including your address, telephone number, and if available, your electronic mail address;
A statement that you have a good-faith belief that the use of the material as described is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in your notification is accurate, and under the penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Please provide your written notification to our designated agent who may be contacted as follows:

copyrightagent@ni.com

Questions regarding the NI Copyright Infringement Policy may be directed to the NI Copyright Agent by email to copyrightagent@ni.com or by phone to (512) 683-3534.

Revised November 6, 2007.