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authorAstroFloyd <AstroFloyd@gmail.com>2015-11-29 12:01:53 +0100
committerAstroFloyd <AstroFloyd@gmail.com>2015-11-29 12:01:53 +0100
commita15f95a57c5938323cf13c6a1faa6d328dac3c45 (patch)
tree7112f155b78cc4c948b7b39e53af478cf17307a8 /licenses
parentsys-kernel/gentoo-sources: added stable version to my repo (diff)
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+This document contains the following licenses:
+1. National Instruments Software License Agreement (Linux Driver Software)
+2. IVI Foundation License Agreement
+
+
+
+______________________________________________________________________________
+1. National Instruments Software License Agreement
+
+NATIONAL INSTRUMENTS SOFTWARE LICENSE AGREEMENT (LINUX DRIVER SOFTWARE)
+
+
+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 ENTERING 'y' 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, ENTER 'n' OR 'q' TO CANCEL THE INSTALLATION
+PROCESS, DO NOT INSTALL OR USE THE SOFTWARE, AND RETURN THE SOFTWARE (INCLUDING,
+IF APPLICABLE, ALL ACCOMPANYING WRITTEN MATERIALS, ALONG WITH THEIR CONTAINERS)
+WITHIN THIRTY (30) DAYS OF RECEIPT OF THE SOFTWARE TO THE PLACE YOU OBTAINED
+THEM. ALL RETURNS SHALL BE SUBJECT TO NI'S THEN CURRENT RETURN POLICY.
+
+
+1. Definitions. As used in this Agreement, the following terms have the
+following meanings:
+
+A. "You." Means you the individual using the SOFTWARE as well as your employer
+if you are using the SOFTWARE within the scope of your employment. If you are
+using the SOFTWARE within the scope of your employment, then you represent that
+you are authorized to bind your employer to this Agreement.
+
+B. "NI." Means National Instruments Corporation, a company organized under the
+laws of the State of Delaware, U.S.A., unless the SOFTWARE is manufactured in
+the Republic of Ireland, in which event, "NI" shall mean National Instruments
+Ireland Resources Ltd., a company organized under the laws of the Republic of
+Ireland. If you are not sure where the SOFTWARE is manufactured, please contact
+National Instruments Corporation, 11500 N. Mopac Expressway, Austin, Texas, U.S.A.
+78759-3504 (Attention: Legal Department).
+
+C. "SOFTWARE." Means all files (including, but not limited to, libraries,
+modules, and programs) provided with this Agreement and which are being
+installed or otherwise used. SOFTWARE includes all Upgrades that may be provided
+by NI in its discretion. NI provides certain third party software subject
+to separate license terms either presented at the time of installation or
+otherwise provided with the SOFTWARE ("Third Party Software"). Such Third
+Party Software is not included in the definition of the term "SOFTWARE".
+
+
+D. "Upgrade." Means any supplemental or replacement code for computer software
+you have previously licensed from NI.
+
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+2. Grant of License. In consideration of payment of the applicable fees to NI,
+NI is willing to provide you with a limited, non-exclusive right to use the
+SOFTWARE, but only pursuant to the terms and conditions of this Agreement. The
+SOFTWARE is in "use" when loaded into temporary memory (i.e., RAM) or installed
+into permanent memory (e.g., hard disk, CD-ROM, DVD-ROM, network storage device,
+or other storage device). Floating, concurrent, or shared use is not permitted
+under this Agreement (i.e., allocating an individual license or one seat of a volume
+license to non-simultaneous use of the SOFTWARE (in whole or part) on multiple
+machines). The specific use rights granted you are as follows:
+
+You may install and use the SOFTWARE on as many computers in your workplace as
+you desire; provided, however, that you separately install the SOFTWARE (using
+the accompanying installer) on each such machine.
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+Notes. The following applies:
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+Source Code Component. One component of the SOFTWARE, the Kernel Abstraction
+Layer ("KAL"), is provided to you in source code form. All other components of
+the SOFTWARE are provided to you in object code form. You understand that you
+must configure and compile the KAL for use under this Agreement. This
+configuration and compilation process, however, will be completed on your behalf
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+3. Restrictions. You may not: (i) for those components of the SOFTWARE
+provided in object code form, reverse engineer, decompile, or disassemble the
+SOFTWARE (except to the extent such foregoing restriction is expressly
+prohibited by applicable law); (ii) sub-license, lease, lend or rent the SOFTWARE (in
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+distribute in whole or part, modify, or create derivatives of the SOFTWARE; or
+(iv) directly or indirectly, export, re-export, download, transmit, or ship the
+SOFTWARE in violation of Section 17.C. or otherwise in violation of any applicable
+laws or regulations, including those of the U.S., the European Union or the
+jurisdiction in which you use or are downloading the SOFTWARE. Further, all uses
+of the SOFTWARE shall be in accordance with the applicable documentation that
+accompanies the SOFTWARE and not in any manner intended to (or that) circumvents
+such documentation or the intent of this Agreement. Under no circumstance is
+"floating" or shared use permitted under this Agreement.
+
+
+4. Transfer. The license rights granted hereunder are non-transferable. You may not
+distribute or otherwise provide the SOFTWARE to any third party.
+
+
+5. Upgrades. If the SOFTWARE is an Upgrade, you may only use the SOFTWARE if
+you have (at the time you receive the Upgrade) a valid license to use the
+pre-existing SOFTWARE. Further, the license agreement accompanying the Upgrade
+applies to your use of the Upgrade. While you may continue to use the
+pre-existing SOFTWARE, you may only use it on the same machine upon which the
+Upgrade is used and the license that accompanied the pre-existing SOFTWARE will
+continue to apply to your use of the pre-existing SOFTWARE.
+
+
+6. Copyright; No Other Licenses. The SOFTWARE, and all copies of the SOFTWARE,
+are owned by NI or its suppliers and are protected by applicable copyright laws
+and international treaty provisions. The SOFTWARE, and copies thereof, are licensed
+only, and are not sold or leased. Therefore, you must treat the SOFTWARE like any
+other copyrighted material. You may, however, copy the SOFTWARE solely for backup
+or archival purposes. 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
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+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 without limitation, the
+right to use any of these other products.
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+7. Patent and Trademark Notice. For patents covering National Instruments products,
+refer to the appropriate location: Help>>Patents in the SOFTWARE, the patents.txt
+file on the CD-ROM, DVD-ROM, or ni.com/patents. National Instruments, NI, ni.com, and
+LabVIEW are trademarks of National Instruments Corporation. Refer to ni.com/trademarks
+for more information about National Instruments trademarks. Further, all other product
+and company names mentioned herein are (or may be) trademarks or trade names of their
+respective companies.
+
+
+8. Limited Warranty. NI warrants, for your benefit alone, that for a period of
+ninety (90) days from the date the SOFTWARE is shipped to you (or, if downloaded,
+from the date the SOFTWARE is first downloaded by you) (i) the SOFTWARE
+will (when used with the applicable NI hardware) perform substantially in
+accordance with the accompanying documentation, and (ii) the medium on which
+the SOFTWARE is recorded will be free from defects in materials and workmanship
+under normal use and service ("Limited Warranty"). Any replacement SOFTWARE will
+be warranted for the remainder of the original warranty period or thirty (30)
+days, whichever is longer. Some states/jurisdictions do not allow limitations on
+duration of an express or implied warranty, so the above or any other limitation
+provided herein may not apply to you. In such event, such warranties are limited
+to the minimum warranty period allowed by applicable law. You must obtain a Return
+Material Authorization number from NI before returning the SOFTWARE under
+warranty to NI and you agree to pay expenses for shipment to and from NI. The
+Limited Warranty is void if failure of the SOFTWARE has resulted from accident,
+abuse, misapplication, improper calibration by you, third party products (i.e.,
+hardware or software) used by you which are not intended by NI
+for use with the SOFTWARE, utilization of an improper hardware or software key
+(if applicable), or unauthorized maintenance of the SOFTWARE.
+
+
+9. Customer Remedies. NI's sole obligation (and your sole remedy) with respect
+to the foregoing Limited Warranty shall be to, at NI's option, return the fees
+paid by you to NI, in which case the license granted to you shall terminate without
+liability on the part of NI by reason of such termination, or repair or replace
+the SOFTWARE, provided that NI receives written notice of applicable defects
+during the warranty period. You hereby agree not to bring an action to enforce your
+remedies under the foregoing Limited Warranty, or for breach of warranty, more
+than one (1) year after the accrual of such cause of action.
+
+
+10. No Other Warranties. EXCEPT AS EXPRESSLY SET FORTH ABOVE, NO WARRANTIES,
+EITHER EXPRESS OR IMPLIED ARE MADE WITH RESPECT TO THE SOFTWARE, INCLUDING BUT
+NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
+PURPOSE OR NON-INFRINGEMENT. THERE ARE NO OTHER WARRANTIES THAT MAY ARISE FROM
+USAGE OF TRADE OR COURSE OF DEALING. NO WARRANTIES, EITHER EXPRESS OR IMPLIED,
+ARE MADE WITH RESPECT TO ANY THIRD PARTY SOFTWARE. NI DISCLAIMS ANY AND ALL
+IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
+MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT RELATING
+TO THE SOFTWARE AND THIRD PARTY SOFTWARE. NI DOES NOT WARRANT, GUARANTEE, OR
+MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE
+SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE AND DOES
+NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
+
+
+11. Intellectual Property Liability. NI shall, at its own expense, defend any
+claim brought against you by a third party resulting from your use of the
+SOFTWARE as authorized by your license, to the extent that such claim alleges
+that the SOFTWARE infringes any patent,copyright, or trademark of such third
+party protected by the laws of the U.S.A., Canada, Mexico, Japan, Australia,
+Switzerland, Norway, or the European Union, provided that such claim does not
+arise from your use of the SOFTWARE in combination with equipment,devices,
+software or code not made by NI, or from any modification of the SOFTWARE not
+made by NI, and further provided that you notify NI in writing immediately upon
+your obtaining notice of such impending claim and that you fully cooperate with
+NI in preparing a defense. If you provide to NI the authority, assistance, and
+information NI needs to defend or settle such claim, NI shall pay any final
+award of damages or settlement with respect to such claim and any expense you
+incur at NI's written request, but NI shall not be liable for a settlement made
+without its prior written consent. If the SOFTWARE is held to be infringing of
+the rights stated above and the use thereof is enjoined NI shall, or if NI believes
+the SOFTWARE may be held to infringe a third party's intellectual property
+rights, NI may, at its option, either (i) procure for you the right to use the
+SOFTWARE, (ii) replace or modify the SOFTWARE with other software which does not
+infringe, or (iii) require that you destroy all copies of the SOFTWARE and upon
+such destruction NI shall refund to you the license fee payment(s) made by you
+to NI for the SOFTWARE. NI'S LIABILITY UNDER THIS SECTION 11, (INCLUDING BUT NOT
+LIMITED TO THAT OF ITS LICENSORS AND SUPPLIERS AND ITS AND THEIR DIRECTORS,
+OFFICERS, EMPLOYEES, AND AGENTS, AND REGARDLESS OF THE REASON FOR SUCH LIABILITY)
+SHALL IN NO EVENT EXCEED IN THE AGGREGATE $50,000 (U.S.), AND IN NO EVENT SHALL
+NI BE OBLIGATED UNDER THIS SECTION 11 TO INCUR OR PAY, IN THE AGGREGATE, ANY
+AMOUNT IN EXCESS OF THE AMOUNT SET FORTH IN THIS SENTENCE. The foregoing states
+your sole remedy for, and NI's entire liability and responsibility for,
+infringement of any patent, trademark, copyright, or other intellectual or
+industrial property right relating to the SOFTWARE. THIS LIMITED INDEMNITY
+IS IN LIEU OF ANY OTHER STATUTORY OR IMPLIED WARRANTY AGAINST INFRINGEMENT.
+THE FOREGOING OBLIGATIONS SHALL NOT APPLY TO ANY THIRD PARTY SOFTWARE, OR TO
+ANY THIRD PARTY PRODUCTS INCORPORATED IN OR OTHERWISE PROVIDED WITH THE
+SOFTWARE, AND YOU AGREE TO LOOK TO THE APPLICABLE THIRD PARTY MANUFACTURER
+WITH RESPECT TO ANY CLAIMS FOR INFRINGEMENT INVOLVING THIRD PARTY SOFTWARE
+OR THIRD PARTY PRODUCTS.
+
+
+12. Limitation On Liability. The entire liability of NI and its licensors,
+distributors, and suppliers (including its and their directors, officers,
+employees, and agents) is set forth above. 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 LICENSE FEE PAID FOR
+THE SOFTWARE PRODUCT INVOLVED; ARISING OUT OF THE USE OR INABILITY TO USE THE
+SOFTWARE OR THIRD PARTY SOFTWARE, ANY TECHNICAL SUPPORT SERVICES RELATING TO
+THE SOFTWARE OR ANY THIRD PARTY SOFTWARE, OR RELATED HARDWARE, 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, the Third Party Software, the services, or
+the hardware is 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 paid for the SOFTWARE.
+
+
+13. 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 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 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, WITHOUT LIMITATION, THE
+APPROPRIATE DESIGN, PROCESS, AND SAFETY LEVEL OF SUCH SYSTEM OR APPLICATION.
+
+
+14. 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 (i) 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
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+requires NI to produce or furnish technical data for or to you.
+
+
+15. Compliance. You agree to make all applicable records available for review
+by NI during your normal business hours so as to permit NI (upon reasonable
+notice to you) to verify your compliance with the terms and conditions of this
+Agreement. Further, if you are a business or other entity, you agree that upon
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+and certify in writing to NI that your and your employees' use of the SOFTWARE
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+notice) inspect your use of the SOFTWARE during your normal business hours to
+ensure your compliance with this Agreement. If the results of any such
+inspection indicate the underpayment by you of applicable fees due and payable
+to NI, you shall (i) immediately pay such amounts to NI and (ii) reimburse NI
+for the cost of such inspection.
+
+
+16. Termination. This Agreement shall automatically terminate upon failure by
+you to comply with its terms. Upon termination of this Agreement, regardless of
+the reason, you must destroy all copies of the SOFTWARE.
+
+
+17. General.
+
+A. If the SOFTWARE is manufactured in the Republic of Ireland, (1) (i) this
+Agreement is governed by the laws of the Republic of Ireland, 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 (ii)
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+the courts located in Dublin, the Republic of Ireland and the parties agree
+to submit to the jurisdiction of such courts; otherwise (2) (i) this Agreement
+is governed by the laws of the State of Texas, U.S.A., 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 (ii) the
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+courts located in Travis County, Texas, U.S.A. and the parties agree to
+submit to the jurisdiction of such courts.
+
+B. This Agreement constitutes the complete agreement between you and NI
+regarding the SOFTWARE and supersedes any oral or written proposals, prior
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+NI relating to the subject matter of this Agreement. No delay or omission
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+
+C. The SOFTWARE is, and Third Party Software provided by NI with the SOFTWARE
+may be, subject to control under the U.S. Export Administration Regulations
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+regulations, and applicable global export control laws and regulations,
+including, for products exported from the European Union, the Council Regulation
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+For text of the relevant legal materials, see
+http://www.ni.com/legal/export-compliance.htm.
+
+
+(c) 2004-2011 National Instruments Corporation. All Rights Reserved.
+371460B-01
+May 2011
+
+______________________________________________________________________________
+2. IVI Foundation License Agreement
+
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+This Agreement is governed by the laws of the State of Delaware. The
+application to this Agreement of the United Nations Convention on Contracts for
+the International Sale of Goods is hereby expressly excluded. In the event any
+provision of this Agreement shall be deemed unenforceable, void or invalid,
+such provision shall be modified so as to make it valid and enforceable, and as
+so modified the entire Agreement shall remain in full force and effect. No
+decision, action or inaction by LICENSOR shall be construed to be a waiver of
+any rights or remedies available to it.
+
+The Intellectual Property is a "commercial item," as that term is defined in 48
+C.F.R. 12.101 (Oct. 1995), consisting of "commercial computer software" and
+"commercial computer software documentation," as such terms are used in 48
+C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
+227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users
+acquire the Intellectual Property with only those rights set forth herein.
+
+None of the Intellectual Property or underlying information or technology may
+be downloaded or otherwise exported or reexported in violation of U.S. export
+laws and regulations. In addition, you are responsible for complying with any
+local laws in your jurisdiction which may impact your right to import, export
+or use the Intellectual Property, and you represent that you have complied with
+any regulations or registration procedures required by applicable law to make
+this license enforceable.
+
+