NI cDAQ-9191 Data Display for Android License Agreement

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NATIONAL INSTRUMENTS CORPORATION SOFTWARE LICENSE AGREEMENT

(NI cDAQ-9191 Data Display Software for Android^TM Mobile Technology Platform)

INSTALLATION NOTICE: THIS IS A CONTRACT. BEFORE YOU DOWNLOAD THE SOFTWARE IDENTIFIED ABOVE (THE “SOFTWARE”) AND/OR COMPLETE THE INSTALLATION PROCESS, CAREFULLY READ THIS AGREEMENT. BY DOWNLOADING THE SOFTWARE AND/OR SELECTING THE APPLICABLE BUTTON TO COMPLETE THE INSTALLATION PROCESS, YOU CONSENT TO THE TERMS OF THIS AGREEMENT (“AGREEMENT”) AND YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BECOME A PARTY TO THIS AGREEMENT AND BE BOUND BY ALL OF ITS TERMS AND CONDITIONS, SELECT THE APPROPRIATE BUTTON TO CANCEL THE INSTALLATION PROCESS AND DO NOT INSTALL OR USE THE SOFTWARE.

1. License. National Instruments Corporation (“NI”) grants you only a limited, non-exclusive, revocable, non-transferable license to use the SOFTWARE for its ordinary intended use, subject to the following restrictions: you may not (a) reverse engineer, decompile, or disassemble the SOFTWARE (except to the extent such foregoing restriction is expressly prohibited by applicable law), (b) use the SOFTWARE to gain access to data in a manner that defeats any digital content protection in the SOFTWARE, (c) use the SOFTWARE in a manner that violates any applicable law, including applicable restrictions concerning copyright and other intellectual property rights, (d) sublicense, distribute or provide the SOFTWARE to others, (e) modify or create derivative works of the SOFTWARE, or (f) copy the SOFTWARE except as necessary for your permitted use of the SOFTWARE and for backup or archival purposes. The use of the SOFTWARE is intended only for use with content owned by the user, public domain content or properly licensed content. You may require a patent, copyright, or other license from a third party to create, copy, download, record or save content files for use with this SOFTWARE or to serve or distribute such files to be used with the SOFTWARE. The SOFTWARE, and all copies of the SOFTWARE, are (a) owned by NI or its suppliers and are protected by applicable copyright laws and international treaty provisions, and (b) licensed only, and are not sold or leased. In no event may you remove or alter any copyright, patent, trademark, or other legal notices or disclaimers that exist in the SOFTWARE. All rights not expressly granted to you in this AGREEMENT are reserved to NI. Further, and without limiting the foregoing, no license or any right of any kind (whether by express license, implied license, the doctrine of exhaustion, or otherwise) is granted under any NI patents (whether identified herein or not) or other intellectual property right of NI with respect to any other product(s) of NI or of any third party, including the right to use any of these other products.
2. Termination. This AGREEMENT, and the license granted to you, will automatically terminate upon any failure by you to comply with its terms.
3. Warranty Disclaimer. THE SOFTWARE, AND ANY TECHNICAL SUPPORT SERVICES PROVIDED IN CONNECTION WITH THE SOFTWARE, ARE PROVIDED “AS IS WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE MADE WITH RESPECT TO THE SOFTWARE OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY OTHER WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING, AND NI DISCLAIMS ANY AND ALL IMPLIED WARRANTIES.  NI DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE SOFTWARE OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME THE ENTIRE RISK AS TO THE USE, RESULTS AND PERFORMANCE OF THE SOFTWARE. NI IS NOT OBLIGATED TO PROVIDE ANY TECHNICAL SUPPORT SERVICES FOR THE SOFTWARE.
4. Warning.  (1) NI PRODUCTS ARE NOT DESIGNED WITH COMPONENTS AND TESTING FOR A LEVEL OF RELIABILITY SUITABLE FOR USE IN OR IN CONNECTION WITH SURGICAL IMPLANTS OR AS CRITICAL COMPONENTS IN ANY LIFE SUPPORT SYSTEMS WHOSE FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO CAUSE SIGNIFICANT INJURY TO A HUMAN. (2) IN ANY APPLICATION, INCLUDING THE ABOVE, RELIABILITY OF OPERATION OF THE SOFTWARE PRODUCTS CAN BE IMPAIRED BY ADVERSE FACTORS, INCLUDING FLUCTUATIONS IN ELECTRICAL POWER SUPPLY, COMPUTER HARDWARE MALFUNCTIONS, COMPUTER OPERATING SYSTEM SOFTWARE FITNESS, FITNESS OF COMPILERS AND DEVELOPMENT SOFTWARE USED TO DEVELOP AN APPLICATION, INSTALLATION ERRORS, SOFTWARE AND HARDWARE COMPATIBILITY PROBLEMS, MALFUNCTIONS OR FAILURES OF ELECTRONIC MONITORING OR CONTROL DEVICES, TRANSIENT FAILURES OF ELECTRONIC SYSTEMS (HARDWARE AND/OR SOFTWARE), UNANTICIPATED USES OR MISUSES, OR ERRORS ON THE PART OF THE USER OR APPLICATIONS DESIGNER (ADVERSE FACTORS SUCH AS THESE ARE HEREAFTER COLLECTIVELY TERMED "SYSTEM FAILURES"). ANY APPLICATION WHERE A SYSTEM FAILURE WOULD CREATE A RISK OF HARM TO PROPERTY OR PERSONS (INCLUDING THE RISK OF BODILY INJURY AND DEATH) SHOULD NOT BE RELIANT SOLELY UPON ONE FORM OF ELECTRONIC SYSTEM DUE TO THE RISK OF SYSTEM FAILURE. TO AVOID DAMAGE, INJURY, OR DEATH, THE USER OR APPLICATION DESIGNER MUST TAKE REASONABLY PRUDENT STEPS TO PROTECT AGAINST SYSTEM FAILURES, INCLUDING BACK-UP OR SHUT DOWN MECHANISMS. BECAUSE EACH END-USER SYSTEM IS CUSTOMIZED AND DIFFERS FROM NI′S TESTING PLATFORMS AND BECAUSE A USER OR APPLICATION DESIGNER MAY USE NI PRODUCTS IN COMBINATION WITH OTHER PRODUCTS IN A MANNER NOT EVALUATED OR CONTEMPLATED BY NI, THE USER OR APPLICATION DESIGNER IS ULTIMATELY RESPONSIBLE FOR VERIFYING AND VALIDATING THE SUITABILITY OF NI PRODUCTS WHENEVER NI PRODUCTS ARE INCORPORATED IN A SYSTEM OR APPLICATION, INCLUDING THE APPROPRIATE DESIGN, PROCESS, AND SAFETY LEVEL OF SUCH SYSTEM OR APPLICATION.  
5. Limitation of Liability. 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 INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND; ANY EXPENSES, LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, OR LOST BUSINESS INFORMATION; OR ANY OTHER DAMAGES, EXCEPT DIRECT DAMAGES NOT EXCEEDING IN THE AGGREGATE THE GREATER OF (A) THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE OR (B) $10.00 (U.S.); ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ANY TECHNICAL SUPPORT SERVICES RELATING TO THE SOFTWARE, EVEN IF NI OR ITS LICENSORS, DISTRIBUTORS, AND SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND REGARDLESS OF WHETHER CAUSED OR CONTRIBUTED TO BY THE NEGLIGENCE OF NI OR OTHERS. 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 or  services are 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 the aggregate liability of NI, its licensors, distributors, and suppliers for property damage exceed the greater of $50,000 (U.S.) or the license fee paid by you for the SOFTWARE.
6. U.S. Government Rights.  The SOFTWARE is a "commercial item" developed exclusively at private expense, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are defined or used in the applicable U.S. acquisition regulations. If you are an agency, department, or other entity of the United States Government, the SOFTWARE is licensed hereunder  only as a commercial item and (ii) with only those rights as are granted to all other licensees pursuant to the terms and conditions of this AGREEMENT. You agree not to use, duplicate, or disclose the SOFTWARE in any way not expressly permitted by this AGREEMENT. Nothing in this AGREEMENT requires NI to produce or furnish technical data for or to you.
7. Export Compliance. The SOFTWARE is subject to control under the U.S. Export Administration Regulations (15 CFR Part 730 et. seq.), other applicable U.S. export control laws and regulations, and applicable global export control laws and regulations, including, for products exported from the European Union, the Council Regulation (EC) No. 428/2009 (the "Regulation") and the Hungarian Government Decree No. 50/2004 (III. 23.). You agree that you will not export, re-export or transfer the SOFTWARE via any means to any prohibited destination, entity or individual without the required export license(s) or authorization(s) from the U.S. Government and/or other applicable export licensing authority. If you are downloading the SOFTWARE, you hereby represent and warrant to NI as follows:  you are not located in, or under the control of, any country the laws and regulations of which prohibit importation of the SOFTWARE; and (ii) you are not located in, or under the control of, any country to which the laws and regulations of the U.S. and/or other applicable export control laws prohibit exportation of the SOFTWARE. For text of the relevant legal materials, see http://www.ni.com/legal/export-compliance.htm.
8. Patent and Trademark Notice. For patents covering NI products, refer to ni.com/patents. Android is a trademark of Google Inc. National Instruments, NI, ni.com, and LabVIEW are trademarks of National Instruments Corporation. Refer to ni.com/trademarks for more information about NI trademarks. Further, all other product and company names mentioned herein are (or may be) trademarks or trade names of their respective companies.
9. Choice of Law. This AGREEMENT is governed by the laws of the State of Texas, exclusive of any provisions of the United Nations Convention on the International Sale of Goods, and without regard to principles of conflicts of law. The non-exclusive venue for all actions under this Agreement shall be in the courts located in Travis County, Texas, U.S.A. and the parties agree to submit to the jurisdiction of such courts.
10. Entire Agreement. This AGREEMENT constitutes the complete agreement between you and NI regarding the SOFTWARE and supersedes any oral or written proposals, prior agreements, purchase orders, or any other communication between you and NI relating to the subject matter of this AGREEMENT.