This firmware upgrade for the NI cDAQ-9191 adds support for connecting directly to smartphone and tablet devices. For installation instructions refer to the NI cDAQ-9191 Data Display User Manual for iOSor User Manual for Android.
SOFTWARE LICENSE AGREEMENT
INSTALLATION NOTICE: THIS IS A CONTRACT. BEFORE YOU DOWNLOAD THE SOFTWARE AND/OR COMPLETE THE INSTALLATION PROCESS, CAREFULLY READ THIS AGREEMENT. BY DOWNLOADING THE SOFTWARE AND/OR CLICKING THE APPLICABLE BUTTON TO COMPLETE THE INSTALLATION PROCESS, YOU CONSENT TO THE TERMS OF THIS 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, CLICK THE APPROPRIATE BUTTON TO CANCEL THE INSTALLATION PROCESS, DO NOT INSTALL OR USE THE SOFTWARE, AND IMMEDIATELY DELETE ALL OF THE SOFTWARE AND ANY APPLICABLE DOCUMENTATION.
Definitions. As used in this Agreement, the following terms have the following meanings:
(a) “Licensee” means you, the individual requesting access to and use of the Licensed Software, as well as your employer if your access or use of the Licensed Software is within the scope of your employment. Licensee is also referred to herein as “you” or “your.”
(b) “NI” means National Instruments Corporation, a Delaware corporation.
(c) “Program” means Licensee’s access and participation in the NI Labs portion of the www.ni.com website.
(d) “Licensed Software” means the NI cDAQ-9191 Non-volatile Firmware, NI cDAQ-9191 Volatile Firmware, NI cDAQ-9191 Module Firmware, NI Web API Examples and all related documentation, that you download or otherwise access in connection with the Program, and all related documentation.
(b) Licensee acknowledges and agrees that (i) the Licensed Software is protected by applicable copyright and other intellectual property laws and international treaty provisions and (ii) all right, title, and interest in and to the Licensed Software, including associated intellectual property rights, are and shall remain with NI and/or its licensors. All rights not expressly granted to Licensee in this Agreement are reserved to NI.
(c) NI hereby grants to Licensee a limited, terminable, non-exclusive, non-transferable license to use and evaluate the Licensed Software, subject to the terms and conditions set forth in this Agreement. This license includes the rights (i) to distribute the NI cDAQ-9191 Volatile Firmware and NI cDAQ-9191 Module Firmware object code together with the Licensee’s application, and (ii) to distribute the NI cDAQ-9191 Non-volatile Firmware installed in the NI cDAQ-9191.
(d) The provision of the Licensed Software to Licensee (including delivery and schedule) and Licensee’s access to the Program is at NI’s sole discretion. If and when Licensee receives the Licensed Software, it agrees to use the Licensed Software only in accordance with the terms of this Agreement and the Existing License Agreement and to expeditiously report problems and anomalies (including all errors or bugs that Licensee might find). NI reserves the right in its sole discretion to terminate or suspend Licensee’s access to the Program at any time. Upon termination of the Existing License Agreement or the breach by Licensee of any term or condition set forth herein, the license hereunder granted to Licensee for use of the Licensed Software shall immediately terminate without any further action on behalf of either party.
(e) Licensee understands and acknowledges that NI is under no obligation to (i) release the Licensed Software as a standard product or as part of any standard product, (ii) update or support Licensee’s use of the Licensed Software, or (iii) continue to allow the Licensee access to the Program or any Licensed Software update.
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Except as provided in 2.(c), this license is personal to Licensee and non-transferable, and Licensee may not distribute or otherwise make available the Licensed Software or any key or license file thereto to any third party.
Confidential Information. Licensee agrees not to, in the course of utilizing the Licensed Software and its participation in the Program, disclose to NI or cause NI to use any information or material that is confidential to Licensee or any third party. Any information or material transmitted to or otherwise received by NI in connection with the Licensed Software or the Program shall be considered non-confidential and non-proprietary.
Feedback. One of the primary purposes why NI desires to provide the Licensed Software to you free of charge is to determine its usefulness to the public. Licensee shall, at its own expense, prepare and maintain the test equipment to ensure that the physical environment is suitable for installation, operation, and testing of the Licensed Software and that proper utilities are in place. NI Labs provides a number of forums for Licensee to actively participate and provide NI with your feedback about the Licensed Software. Any feedback disclosed by Licensee to NI, including but not limited to any changes or suggested changes to NI’s current or future products and services you post to NI Labs (collectively “Feedback”), shall be received and treated by NI on a non-confidential and unrestricted basis, notwithstanding any restrictive or proprietary legends of Licensee to the contrary without further compensation to you. Licensee hereby grants to NI a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable license to (i) use, copy, and modify Feedback for any purpose, including but not limited to incorporation and/or implementation of such Feedback into NI products or services, and (ii) display, market, sublicense and distribute Feedback as incorporated or embedded in any product or service distributed or offered by NI.
High Risk Applications/System Failures. NI does not represent or warrant that the Licensed Software will meet Licensee’s requirements or that the use or operation thereof will be uninterrupted or error-free. On the contrary, Licensee acknowledges that (a) the Licensed Software has not been fully tested, (b) the Licensed Software may have bugs, errors, or other defects, and (c) the purpose of this Agreement is to test and evaluate the Licensed Software. Licensee understands that using the Licensed Software is risky and that among the risks are incorrect computational results, incorrect program behavior, and corruption of computer storage media. Licensee agrees to take precautions in using the Licensed Software, such as not to use the Licensed Software where personal or product damage may result and to maintain full backups of storage media. THE LICENSED SOFTWARE ARE PROVIDED “AS IS WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND NO OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE MADE WITH RESPECT TO THE LICENSED SOFTWARE, 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. NI DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE LICENSED SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. LICENSEE ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE LICENSED SOFTWARE. NI EXPRESSLY DISCLAIMS ANY WARRANTIES NOT EXPRESSLY STATED HEREIN.
Warning. (1) NI PRODUCTS AND THE LICENSED SOFTWARE 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 SUCH PRODUCTS AND THE LICENSED SOFTWARE CAN BE IMPAIRED BY ADVERSE FACTORS, INCLUDING BUT NOT LIMITED TO 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 BUT NOT LIMITED TO 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 AND/OR THE LICENSED SOFTWARE IN COMBINATION WITH OTHER PRODUCTS IN A MANNER NOT EVALUATED OR CONTEMPLATED BY NI, LICENSEE IS ULTIMATELY SOLELY RESPONSIBLE FOR VERIFYING AND VALIDATING THE SUITABILITY OF NI PRODUCTS WHENEVER NI PRODUCTS ARE INCORPORATED IN A SYSTEM OR APPLICATION, INCLUDING, WITHOUT LIMITATION, THE APPROPRIATE DESIGN, PROCESS AND SAFETY LEVEL OF SUCH SYSTEM OR APPLICATION.
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Indemnification. Licensee hereby agrees to indemnify, defend and hold NI and its affiliates, officers, directors, owners, information providers, agents, attorneys, licensees, and licensors (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities, claims, costs, including reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any demand, claim, action, suit, or loss arising as a result of any breach by Licensee of this Agreement or claims arising from Licensee’s participation in the Program or use of the Licensed Software. Licensee agrees to use its best efforts to cooperate with NI in the defense of any demand, claim, action or suit. NI reserves the right to assume the exclusive defense of any matter subject to indemnification by Licensee at NI’s own expense.
Term. The term of this Agreement shall begin upon the date of your acceptance of this Agreement and shall continue thereafter until the earliest of (1) notification that NI has, at its sole discretion, terminated or suspended Licensee’s access to the Program or (2) the termination of the applicable Existing License Agreement. Licensee may terminate this Agreement by immediately ceasing all use of the Licensed Software and deleting and destroying all copies of the Licensed Software, and all keys and license files for the Licensed Software, downloaded in connection with the Program, and all related documentation to NI. Further, this Agreement shall automatically terminate upon failure by Licensee to comply with its terms. Upon expiration or termination of this Agreement, the license granted to Licensee in Section 2 above will immediately terminate, and Licensee agrees to immediately stop using the Licensed Software and delete all copies of the Licensed Software, all copies thereof, and all related documentation. Sections 1, 2(b), 2(e), 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 19 and 20 shall, however, survive the termination of this Agreement.
Export. Licensee agrees that the Licensed Software will not be downloaded, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act, as amended from time to time (the “Act”), or any other export laws, restrictions, or regulations. Licensee represents and warrants that it is not located in or under the control of any country (including without limitation Cuba, Iran, North Korea, Sudan or Syria) that the Act prohibits the exportation of the Licensed Software to and that it is not otherwise prohibited under the export control laws from receiving the Licensed Software.
Privacy. Licensee’s right to privacy is a priority to NI. NI uses data collected from Licensee, for example, in connection with the operation and management of the Program and research and development of its existing hardware and software products and hardware and software in various stages of research and development, including without limitation the Licensed Software. Please review NI’s Privacy Statement (http://www.ni.com/legal/privacy/unitedstates/us/) to learn more about how NI uses and protects such data.
Relationship of Parties. Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
Authority. By clicking the “ACCEPT” button below, Licensee (both on his/her own individual behalf and on behalf of his/her employer, if access to and use of Licensed Software has been requested within the scope of his/her employment) hereby (a) represents and warrants that he/she is authorized to enter into this Agreement on behalf of and bind Licensee and (b) agrees, on the behalf of Licensee, to be bound by all of the terms and conditions contained herein, including without limitation Sections 3, 4, 5, 6, 7, 8, and 9 above.
Government Restricted Use. If you are an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the Licensed Software, or any related documentation of any kind, including technical data or manuals, is restricted in accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. The Licensed Software constitute commercial computer software and the related documentation are commercial computer software documentation. The use of the Licensed Software and related documentation is further restricted in accordance with the terms of this Agreement, or any modification hereto. The Contractor/Manufacturer is National Instruments Corporation, 11500 North Mopac Expressway, Austin, Texas, U.S.A., 78759-3504.
Choice of Law; No Other Agreements. 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, AND CONSTITUTES THE COMPLETE AGREEMENT BETWEEN LICENSEE AND NI REGARDING THE SUBJECT MATTER OF THIS AGREEMENT. It supersedes any oral or written proposals, prior agreements, purchase orders or any other communication between Licensee and NI relating to the subject matter of this Agreement.
Severability. If any provision of this Agreement, or the application thereof, shall for any reason and to any extent be determined by a court of competent jurisdiction to be invalid or unenforceable under applicable law, the remaining provisions of this Agreement shall be interpreted so as best to reasonably effect the intent of the parties. The parties further agree to replace any such invalid or unenforceable provisions with valid and enforceable provisions designed to achieve, to the extent possible, the business purposes and intent of such invalid and unenforceable provisions.
Section Headings. Section headings herein are included for convenience of reference only and shall not affect the interpretation of this Agreement.
Attorneys’ Fees. If any action is brought by either party to this Agreement against the other regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any relief granted, reasonable attorney fees and court costs.
Patents. For patents covering National Instruments products, refer to the appropriate location: Help»Patents in your software, the patents.txt file on your CD, or ni.com/patents.
By clicking the “ACCEPT” button below or by otherwise completing the installation process or accessing any Licensed Software, I hereby agree (both on my own individual behalf and on behalf of my employer, if I am participating in the Program and/or using the Licensed Software within the scope of my employment) to the foregoing Agreement with NI.