This is a Specific Product Addendum to the National Instruments Software License Agreement which references Specific Product Addenda (the "License Agreement"), and modifies, with respect to the SOFTWARE identified above, the License Agreement. By downloading the SOFTWARE and/or clicking the applicable button to complete the installation process, you consent to the terms of, and agree to be bound by, the License Agreement, including this Product Addendum. If you do not wish to become a party to, and be bound by, the License Agreement, including this Product Addendum, do not install or use the SOFTWARE, and return the SOFTWARE in accordance with the Installation Notice of the License Agreement.
1. Unless otherwise expressly stated in this Product Addendum, terms that are defined in the License Agreement shall have the same meaning when used in this Product Addendum.
2. Except as otherwise expressly permitted by NI in writing, if the SOFTWARE is the NI LabVIEW FPGA Module, toolkits for the NI LabVIEW FPGA Module, NI-RIO software or the NI FlexRIO Adapter Module Support software (collectively, the "NI FPGA Support Tools"), you (a) may only use the intermediate code representations (e.g., hardware description files) or object or bit files, in each case, generated by, or included with, the SOFTWARE for the purpose of customization of the FPGA functionality of applicable NI FPGA-enabled hardware, including CompactRIO, CompactDAQ, Single-Board RIO, NI R Series, NI FlexRIO, EtherCAT, the RIO IF Transceiver, and the Software-Defined Radio IF Transceiver hardware, or other hardware targets specifically designated by NI in writing (collectively, the "Hardware Supported by NI for Use with LabVIEW FPGA Module") and (b) may not modify or distribute any of the intermediate code representations (e.g., hardware description files) generated by the SOFTWARE. Notwithstanding the foregoing sentence, you may modify the intermediate code representations that are listed in the applicable text files ending in "modifiablefiles.txt" (if any) provided with the NI FPGA Support Tools (the "Modifiable Files"), solely for the purpose of customization of the FPGA functionality of Hardware Supported by NI for Use with LabVIEW FPGA Module. Further, you may only distribute those modified Modifiable Files provided that you comply with each of the following requirements:
A. you verify that your end user has a valid license for the NI-RIO software, the NI LabVIEW FPGA Module, and the applicable toolkits for the NI LabVIEW FPGA Module;
B. you retain all copyright and other proprietary notices included in such files and include prominent notices stating that you changed specified portions of the Modifiable Files;
C. you shall indemnify, hold harmless, and defend NI from and against any claims or lawsuits, including attorneys′ fees, that arise or result from the use or distribution of such modified Modifiable Files, AND EVEN IF DUE IN PART TO NI′S CONCURRENT NEGLIGENCE OR OTHER FAULT OR STRICT LIABILITY WITHOUT REGARD TO FAULT; PROVIDED, HOWEVER, THAT YOUR CONTRACTUAL OBLIGATION OF INDEMNIFICATION SHALL NOT EXTEND TO THE PERCENTAGE OF THE CLAIMANT′S DAMAGES OR INJURIES OR THE SETTLEMENT AMOUNT ATTRIBUTABLE TO NI′S NEGLIGENCE OR OTHER FAULT OR TO STRICT LIABILITY IMPOSED UPON NI AS A MATTER OF LAW; and
D. you pass through to your end users a license agreement with (i) a disclaimer of implied warranties and consequential damages in favor of you and your licensors; and (ii) a restricted rights provision substantially similar to the Section of the License Agreement entitled "U.S. Government Rights"; and (iii) restrictions against allowing your end users to (a) reverse engineer such Modifiable Files (except to the extent such foregoing restriction is expressly prohibited by applicable law); (b) sub-license, lease, or rent such Modifiable Files; (c) distribute in part, modify, or create derivatives of such Modifiable Files; (d) use the Modifiable Files for any purpose other than the customization of the FPGA functionality of Hardware Supported by NI for Use with LabVIEW FPGA Module; and (e) take any action that results in any Modifiable Files being subject to an Excluded License; and (f) directly or indirectly, export, re-export, download, transmit or ship the Modifiable Files in violation of Section 21.D. of the License Agreement or otherwise in violation of any applicable laws or regulations, including those of the U.S., the European Union or the jurisdiction in which the Modifiable Files are used or downloaded.
3. Section 2(C) above shall survive any termination of the License Agreement.
4. If you distribute a bit file generated by the NI LabVIEW FPGA Module, in addition to complying with your other obligations relating to Authorized Applications set forth in the License Agreement, you must pass through to your end users either the License Agreement or your own license agreement that is substantially in accordance with the License Agreement and with at least the following provisions: (i) a disclaimer of implied warranties and consequential damages in favor of you and your licensors; (ii) a restricted rights provision substantially similar to the Section of the License Agreement entitled "U.S. Government Rights"; and (iii) restrictions against (a) reverse engineering, decompiling, or disassembling such bit file (except to the extent such foregoing restriction is expressly prohibited by applicable law); (b) sub-licensing, leasing, lending or renting such bit file; (c) distributing in part, modifying, or creating derivatives of such bit file; (d) using such bit file except for the purpose of customization of the FPGA functionality of Hardware Supported by NI for Use with LabVIEW FPGA Module; (e) taking any action that results in the bit file being subject to an Excluded License; and, (f) directly or indirectly, exporting, re-exporting, downloading, transmitting or shipping the bit file in violation of Section 21.D. of the License Agreement or otherwise in violation of any applicable laws or regulations, including those of the U.S., the European Union or the jurisdiction in which the bit file is used or downloaded.
5. The terms of this Product Addendum (i) are incorporated into, and part of, the License Agreement, and (ii) only apply to the National Instruments SOFTWARE products identified above in the title of this Product Addendum. To the extent there is any conflict between the terms of this Product Addendum and the License Agreement, as such terms apply to the SOFTWARE products identified above, this Product Addendum shall control.
(c) 2011 National Instruments Corporation
372673B-01
May 2011
kiarolz