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author | Andreas K. Huettel (dilfridge) <mail@akhuettel.de> | 2010-05-25 23:22:25 +0200 |
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committer | Andreas K. Huettel (dilfridge) <mail@akhuettel.de> | 2010-05-25 23:22:25 +0200 |
commit | a124ed12689998f32ba800fcb963e5fbe5cfd2b6 (patch) | |
tree | 1b59835fcc218afbf9d650edc2682570d20b8289 /licenses | |
parent | [media-gfx/openvrml] Initial import, version 0.18.5 and live ebuild (diff) | |
download | dilfridge-a124ed12689998f32ba800fcb963e5fbe5cfd2b6.tar.gz dilfridge-a124ed12689998f32ba800fcb963e5fbe5cfd2b6.tar.bz2 dilfridge-a124ed12689998f32ba800fcb963e5fbe5cfd2b6.zip |
[sci-libs/ni-visa] Added pseudo-ebuild...
Diffstat (limited to 'licenses')
-rw-r--r-- | licenses/ni-visa | 318 |
1 files changed, 318 insertions, 0 deletions
diff --git a/licenses/ni-visa b/licenses/ni-visa new file mode 100644 index 0000000..e295937 --- /dev/null +++ b/licenses/ni-visa @@ -0,0 +1,318 @@ +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. + +B. "NI." Means (i) National Instruments Corporation, a company organized under +the laws of the State of Delaware, U.S.A., if the SOFTWARE is manufactured in +the U.S.A.; (ii) National Instruments Ireland Resources Ltd., a company +organized under the laws of the Republic of Ireland, if the SOFTWARE is +manufactured in the Republic of Ireland; and (iii) National Instruments Europe +Kft, a limited liability company organized under the laws of Hungary, if the +SOFTWARE is manufactured in Hungary. 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. + +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, 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, 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; and +(iv) directly or indirectly, export, re-export, download, or ship the SOFTWARE +(in whole or part) in violation of the laws and regulations of the U.S.A. and +the laws and regulations of the applicable jurisdiction in which you use or are +downloading the SOFTWARE. Under no circumstance is "floating" or shared use +permitted under this Agreement. Nothing in this Agreement, however, is intended +to prevent you from creating your own driver interface software for use with +other NI software and third party hardware; provided, however, that in doing so +you do not modify or use (in whole or part) any of the SOFTWARE. + + +4. Transfer. The license rights granted hereunder are non-transferable. Except +for the installation rights granted above, 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 is owned by NI or its suppliers +and is protected by applicable copyright laws and international treaty +provisions. Therefore, you must treat the SOFTWARE like any other copyrighted +material. You may, however, copy the SOFTWARE solely for backup or archival +purposes. 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 your software, the +patents.txt file on your CD, or ni.com/patents. ComponentWorks, CVI, FieldPoint, +IMAQ, Lookout, LabVIEW, LabWindows/CVI, Measurement Studio, NI-488.2, NI-CAN, +NI-DAQ, NI-FBUS, NI-VISA, NI-VXI and TestStand are the trademarks of National +Instruments Corporation. DIAdem and DASYLab are the trademarks of National +Instruments Ireland Resources Ltd. Further, all other product and company names +used 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 (i) the SOFTWARE +will (when used with the applicable NI hardware) perform substantially in +accordance with the accompanying written materials, and (ii) the medium on which +the SOFTWARE is recorded will be free from defects in materials and workmanship +under normal use and service. 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 National Instruments +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 or repair/replace the SOFTWARE, provided that NI receives written notice of +applicable defects during the warranty period. You may not bring an action to +enforce your remedies under the foregoing Limited Warranty more than one (1) +year after the accrual of such cause of action. + + +10. No Other Warranties. EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SOFTWARE IS +PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND NO OTHER WARRANTIES, EITHER +EXPRESSED OR IMPLIED ARE MADE WITH RESPECT TO THE 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 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. +NI EXPRESSLY DISCLAIMS ANY WARRANTIES NOT STATED HEREIN. + + +11. Intellectual Property Liability. NI shall, at its own expense, defend any +claim 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 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 +or devices 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 your full cooperation 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 or if NI believes the +SOFTWARE may be held to infringe a third party's intellectual property rights, +NI shall, 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) receive your return of the SOFTWARE and refund to you the +license fee payment(s) made by you to NI. The foregoing states your sole remedy +for, and NI's entire liability and responsibility for, infringement of any +patent, trademark, copyright, or other intellectual property right relating to +the SOFTWARE. THIS LIMITED INDEMNITY IS IN LIEU OF ANY OTHER STATUTORY OR +IMPLIED WARRANTY AGAINST INFRINGEMENT. THE FOREGOING INDEMNIFICATION OBLIGATIONS +SHALL NOT APPLY TO ANY THIRD PARTY PRODUCTS INCORPORATED IN OR OTHERWISE +PROVIDED WITH THE NI PRODUCTS, AND YOU AGREE TO LOOK TO THE APPLICABLE THIRD +PARTY MANUFACTURER WITH RESPECT TO ANY CLAIMS FOR INFRINGEMENT INVOLVING 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 damages, including, but not limited to, any special, direct, +indirect, incidental, exemplary, or consequential damages, expenses, lost +profits, lost savings, business interruption, lost business information, or any +other damages arising out of the use or inability to use the SOFTWARE, any +technical support services relating to the SOFTWARE, or related hardware even if +NI or its licensors, distributors, and suppliers has been advised of the +possibility of such damages. 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 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 NI's liability for property damage exceed +$500 (U.S.). + + +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 Restricted Rights. 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 +SOFTWARE, or any related documentation of any kind, including technical data or +manuals, is restricted in accordance with Federal Acquisition Regulation 12.212 +(as amended or supplanted) for civilian agencies and Defense Federal Acquisition +Regulation Supplement 227.7202 (as amended or supplanted) for military agencies. +The SOFTWARE is commercial computer software and the related documentation is +commercial computer software documentation. The use of the 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. + + +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 U.S.A., (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. If the SOFTWARE is manufactured in the Republic of Ireland or the SOFTWARE +is DIAdem, DIAdem Clip, DIAdem Insight, or DASYLab, (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. + +C. If the SOFTWARE is manufactured in Hungary, (i) this Agreement is governed +by the laws of Hungary, 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 Hungary and the parties agree to +submit to the jurisdiction of such courts. + +D. This Agreement constitutes the complete agreement between you and NI +regarding the SOFTWARE and it 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. + +E. 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. If you are downloading the SOFTWARE, you represent and +warrant that you are not located in or under the control of any country which +the export laws and regulations of such country or of the United States prohibit +the exportation of the SOFTWARE to. + + +(c) 2004-2005 National Instruments Corporation. All Rights Reserved. +371460B-01 +March 2005 |