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How the "End User License Agreement" enables the LabVIEW DIYer

Member Rick K
Member
‎06-10-2009 06:08 PM
‎06-10-2009 06:08 PM

Of course, NI has a general "End User License Agreement" for NI software. Whether you just click through all EULAs or read every word, you will be happy to know that there is some verbiage in our contract to specifically address using LabVIEW at home. Section 7 of the the Software EULA is entitled the "Home usage Exception." Lets be clear, I am no lawyer, and therefore not qualified to officially interpret legal documents. So before I say anything, here is the entire section unabridged (and as always I am sure... subject to change):

7. Home Usage Exception. Notwithstanding anything in this Agreement to the contrary, if you are a business or other entity, the designated Named User for the applicable license (or in the case of single seat license, the primary user of the single computer on which the SOFTWARE is installed and used) may also install and use the SOFTWARE on one (1) computer located in such user′s home, provided that (i) the use of the SOFTWARE is pursuant to one of the licenses enumerated in Section 2 above (other than a debug license, concurrent use license, or academic research license); and (ii) the use of the SOFTWARE on such home computer is limited to work performed in the scope of such person′s employment with you and complies with all terms and conditions of this Agreement other than as expressly set forth in this Section 7. The SOFTWARE must be promptly uninstalled from the home computer upon the termination of the designated Named User′s employment with you or the termination of this Agreement (whichever is earlier). Notwithstanding the foregoing, if you have a debug license, concurrent use license, or academic research license, this Home Usage Exception does not apply to you.

Amidst all the "Notwithstandings," "foregoings," and "pursuants," I think I am seeing that using an official copy of LabVIEW at home for your job is well within the bounds of the contract "expressly set forth in Section 7." Now, I would tend to believe, in my perhaps naive non-lawyer small mind, that training on a software package like LabVIEW would be well within the scope of your job which is set forth by your boss. Go with me here, but doesn't working with said software package within the bounds of its intended use constitute training just as simple drills constitute practice in sports? Certainly, programming a computer to do something small or large falls under the intended use of LabVIEW. Ipso Facto (awesome pseudo-lawyer term, don't worry about it) the lawful ability to program a sprinkler system, an MP3 playlist generator, or even an electronic chicken poop bingo board is really a contractual benefit afforded to us DIYers by the Home Usage Exception of the Software license agreement.

These are just my own observations (although astute) and should in no way be substituted for official interpretation and understanding the NI Software EULA. However, I think that I can boldly (although hesitantly and without any authority) say that that the DIY LabVIEW Crew is not just a fun set of people doing geeky things with LabVIEW in thier spare time but an intended use-case of the LabVIEW graphical programming language.

Rick Kuhlman, LabVIEW FPGA Product Manager

Comments
Member _gary_
Member

You found a nice (potential) loophole there Rick!

It would be great if someone could validate this in a legal sense.

Active Participant TroyK
Active Participant

Hear hear!

I'm using one of those home licenses for working at home and "training".

I must admit I did not read every word of the EULA, I just trusted what my sales rep told me. It doesn't seem like it needs to be a loophole.

Surely an EULA is written to protect the company(NI) in any legal matters that may arise, not prevent reasonable usage by license holders.

DIY LabVIEW Crew activities seem to fall well within the spirit of the EULA and the provision of a home license.

When I tell friends who do a bit programming that I program in LabVIEW it can be pretty hard to explain just how big a difference there is.

When they come to visit I can show them. I can't think of how you would abuse the 'home license' provision (I don't think like a criminal), but can see benefits to license holders.

(There used to be an online LabVIEW evaluation to show people but that seems to be gone now.)

Member The_Big_Lebowski
Member

Ummm… yea... Blindly agreeing to the EULA without reading it...  Not a good idea.

People, did we not learn anything from Kyle Broflovski on Southpark (Season 15, Episode 1) being made into a HUMANCENTiPad against his will, by Steve Jobs?

That episode scared the heck out of me, and after seeing it, I learned my lesson and now read every EULA word for word.

This is not to say that I agree or disagree with the EULA...

It simply means that I am making 100% sure that I do not end up as a biological component of some sort of sadistic NI creation, such as the FPGA/cDAQ/cRIO-Human hybrid.

Laugh if you want, but they're probably working on it right now...  Rumor has it, it will be called "cBIO" or "Soylent FPGA"

Active Participant TroyK
Active Participant

The_Big_Lebowski wrote:


                       

...Rumor has it, it will be called "cBIO" or "Soylent FPGA"...


                   

Lol, I love it.

Hmmm, this Soylent FPGA tastes funny.

Trusted Enthusiast
Trusted Enthusiast

TroyK wrote:                   

   
           Hmmm, this Soylent FPGA tastes funny.

The developer was a clown...