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diff --git a/licenses/NILICENSE b/licenses/NILICENSE new file mode 100644 index 0000000..8936a08 --- /dev/null +++ b/licenses/NILICENSE @@ -0,0 +1,477 @@ +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. + + +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. + +Notes. The following applies: + +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 +by the installer. + + +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 +whole or part); (iii) (other than as expressly permitted under this Agreement) +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 +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 without limitation, the +right to use any of these other products. + + +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 +way not expressly permitted by this Agreement. Nothing in this Agreement +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 +the request of NI or NI's authorized representative, you will promptly document +and certify in writing to NI that your and your employees' use of the SOFTWARE +complies with the terms and conditions of this Agreement. NI may (upon written +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) +the non-exclusive venue for all actions under this Agreement shall be in +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 +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. + +B. 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. No delay or omission +by NI to exercise any right or power it has under this Agreement shall +impair or be construed as a waiver of such right or power. A waiver by +NI of any breach of any provision hereof shall not be construed to be a +waiver of any succeeding breach of that provision or of any breach of any +other provision. No modification of this Agreement shall be effective unless +set forth in a writing signed by a duly authorized representative of you +and NI. 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. If any provision of this Agreement is held invalid, the +offending clause will be modified so as to be enforceable and, as modified, +shall be fully enforced, and the remainder of this Agreement will continue in +full force and effect. + +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 +(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 any SOFTWARE or Third Party Software provided by NI with 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. NI reserves the right +not to ship or permit downloading of the SOFTWARE ordered if, at any time, +NI believes that such shipment or downloading of such SOFTWARE or any Third Party +Software provided by NI with such Software may violate U.S. and/or other +applicable export control laws. If you are downloading the SOFTWARE, you +hereby represent and warrant to NI as follows: (i) you are not located in, +or under the control of, any country the laws and regulations of which prohibit +importation of the SOFTWARE or any Third Party Software provided by NI with 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 or any such Thurd Party Software. +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 + +LICENSE AGREEMENT + +BEFORE YOU CLICK ON THE ACCEPT BUTTON AT THE END OF THIS DOCUMENT, CAREFULLY +READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE ACCEPT +BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS +AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE +"DO NOT ACCEPT" BUTTON AND DO NOT DOWNLOAD AND/OR USE THIS INTELLECTUAL +PROPERTY. + +Readers of this document are requested to submit to Interchangeable Virtual +Instruments, Inc. (Licensor), with their comments, notification of any relevant +patent rights or other intellectual property rights of which they may be aware +which might be infringed by any use of this intellectual property, software, or +specification (the Intellectual Property), as appropriate, and to provide +supporting documentation. + +Copyright (C) 2002, Interchangeable Virtual Instruments Foundation, Inc. All +Rights Reserved. IVI Foundation is the exclusive licensee of the IVI trademark +and the Interchangeable Virtual Instruments Foundation, Inc. logo. + +Attention is drawn to the possibility that some of the elements of this +Intellectual Property may be the subject of patent or other intellectual +property right (collectively, "IPR") of third parties. LICENSOR shall not be +responsible now or in the future for identifying any or all such IPR. + +Permission is hereby granted, free of charge and subject to the terms set forth +below, to any person obtaining a copy of this Intellectual Property and any +associated documentation, to deal in the Intellectual Property without +restriction (except as set forth below), including without limitation the +rights to implement, use, copy, modify, merge, publish, distribute, and/or +sublicense copies of the Intellectual Property, and to permit persons to whom +the Intellectual Property is furnished to do so, provided that the above +copyright notice(s) appear in all copies of the Intellectual Property and that +each person to whom the Intellectual Property is furnished agrees to the terms +of this Agreement. If you are not a member of LICENSOR, your license hereunder +is limited to the use of the object code of the Intellectual Property. If you +are a member of LICENSOR, your license extends to the source code of the +Intellectual Property. + +If you modify the Intellectual Property, all copies of the modified +Intellectual Property must include, in addition to the above copyright notice, +a notice that the Intellectual Property includes modifications that have not +been approved or adopted by LICENSOR. + +You may not charge for any sublicense of the Intellectual Property; provided +however, that the Intellectual Property may be sublicensed together with +another product so long as there is no separate charge for the Intellectual +Property. + +THE INTELLECTUAL PROPERTY IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, +EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF +MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD +PARTY RIGHTS. THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE DO NOT +WARRANT THAT THE FUNCTIONS CONTAINED IN THE INTELLECTUAL PROPERTY WILL MEET +YOUR REQUIREMENTS OR THAT THE OPERATION OF THE INTELLECTUAL PROPERTY WILL BE +UNINTERRUPTED OR ERROR FREE. ANY USE OF THE INTELLECTUAL PROPERTY SHALL BE MADE +ENTIRELY AT THE USERS OWN RISK. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR ANY +CONTRIBUTOR OF IPR TO THE INTELLECTUAL PROPERTY BE LIABLE FOR ANY CLAIM, OR ANY +DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER +RESULTING FROM ANY ALLEGED INFRINGEMENT OR ANY LOSS OF USE, DATA OR PROFITS, +WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER LEGAL THEORY, +ARISING OUT OF OR IN CONNECTION WITH THE IMPLEMENTATION, USE, COMMERCIALIZATION +OR PERFORMANCE OF THIS INTELLECTUAL PROPERTY. + +This license is effective until terminated. You may terminate it at any time by +destroying the Intellectual Property together with all copies in any form. It +will also terminate if you fail to comply with any term or condition of this +Agreement. Except as provided in the following sentence, no such termination of +this license shall require the termination of any third party end-user +sublicense to the Intellectual Property which is in force as of the date of +notice of such termination. In addition, should the Intellectual Property, or +the operation of the Intellectual Property, infringe, or in LICENSOR's sole +opinion be likely to infringe, any patent, copyright, trademark or other right +of a third party, you agree that LICENSOR, in its sole discretion, may +terminate this license without any compensation or liability to you, your +licensees or any other party. You agree upon termination of any kind to destroy +or cause to be destroyed the Intellectual Property together with all copies in +any form, whether held by you or by any third party. + +Except as contained in this notice, the name of a copyright holder shall not be +used in advertising or otherwise to promote the sale, use or other dealings in +this Intellectual Property without prior written authorization of the copyright +holder. LICENSOR is and shall at all times be the sole entity that may +authorize you or any third party to use certification marks, trademarks or +other special designations to indicate compliance with any LICENSOR standards +or specifications. + +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. + + |