Home About NI Legal Information Terms of Use

Terms of Use

Effective Date: January 23, 2020

IMPORTANT INFORMATION ON TERMS OF USE AND LEGAL RESTRICTIONS

 

NOTICE: PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU ACCEPT THESE TERMS AND CONDITIONS ("TERMS"). IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.

Use of Site. 

National Instruments ("NI") authorizes you to view and download the materials at this Web site ("Site") only for your personal, non-commercial use in accordance with the terms and conditions set forth herein, including without limitation the following restrictions: (a) you must retain all copyright and other proprietary notices contained in the original materials on any copies of the materials; (b) you may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and (c) you may not use any of these materials on any other Web site or networked computer environment for any purpose. Unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. Any rights not expressly granted herein are reserved to NI.

Use of Software. 

Notwithstanding the provisions set forth in the “Use of Site” section of these Terms, use of all software that you download from this Site ("Software") is subject to the license terms of the applicable software license agreement for such Software. The applicable software license agreement will typically accompany or be provided at the time you download or otherwise access the Software. If not, then contact NI for the applicable Software license agreement. You may not use the Software until you have read and accepted the terms of the applicable software license agreement. In addition, notwithstanding any term to the contrary contained in the applicable software license agreement, Software provided on this Site at no charge, with or without requiring an ni.com login, but without activation keys, purchase verification or time-based or other restrictions on public access to the Software, is “published” in accordance with Section 734.7(a)(4) of the U.S. Export Administration Regulations and is therefore not subject to the U.S. Export Administration Regulations.

Intellectual Property. 

Except as otherwise provided on the Site, all rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belong to NI or another party that has licensed its material to NI. Except as expressly provided above, nothing on the Site shall be construed as conferring any license or right under copyright, trademark or other intellectual property rights. More information about NI’s trademarks can be found at ni.com/trademarks, and more information about NI’s patents can be found at ni.com/patents.

User Contributions. 

Any information or material ("Communications") that you transmit to this Site is considered non-confidential. NI has no obligations with respect to the Communications, and NI is free and you authorize NI to copy, disclose, distribute, incorporate, translate and otherwise use the Communications and all related data, images, sound, and text for any and all purposes. NI reserves the right, in its sole discretion on a case by case basis, to remove, reject, or otherwise modify any such Communications or any portion(s) thereof. NI may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications, including but not limited to discussion groups, bulletin boards or other user forums, and the content of any such Communications. NI, however, has no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. NI DISCLAIMS ANY AND ALL LIABILITIES FOR AND MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY SUCH COMMUNICATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

For information regarding NI's Copyright Infringement Policy, please see below.

Your Conduct. 

In the areas on the Site where users transmit or post Communications, you are prohibited from:

 

  • Uploading files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Uploading files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertising or offering to sell or buy any goods or services.
  • Falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restricting or inhibiting any other user from transmitting or posting Communications.
  • Harvesting or otherwise collecting information about others, including e-mail addresses.

 

By transmitting any such Communications, you warrant that: (a) you have full authority to transmit such Communications; (b) you are the sole owner of the Communications and/or such Communications constitute material in the public domain; and (c) neither the Communications nor any part(s) of the Communications will (x) infringe any copyright or other intellectual property rights or violate any proprietary rights or rights of publicity or privacy; (y) contain any scandalous, libelous, or unlawful matter; or (z) contain any formula, process, instruction, or other material that is injurious to a person or property.

Privacy. 

NI’s Privacy Policy, located at ni.com/privacy, will apply to your use of the Site. The terms of NI’s Privacy Policy are made a part of these terms. Please review NI’s Privacy Policy and related information about your privacy and NI’s use of your information. You acknowledge and agree that you are responsible at all times for maintaining the confidentiality and protection of your account and password information if such information is applicable to your use of the Site. You are also responsible for adequately restricting the use and access to your computer, smartphone, or other device used to access the Site and all activity that occurs under your account due to your failure to protect such information.

Links To Other Web Sites.

Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. NI does not control and is not responsible for any of these sites or their content. Thus, NI does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Third Party Providers.

Third Party Provider Pages. 

Certain portions of the Site feature information regarding the products or services of third party providers. Third party providers include, without limitation, third parties that make available Third-Party Add-On Products (as defined below) and National Instruments Alliance Partner program members. Information about such products and services is provided by the respective third party providers, who are solely responsible for such information and content, as well as for their respective products and services, including without limitation Third-Party Add-On Products. NI believes that the respective third party providers offer the types of products described and the support services indicated, but NI is not responsible for any errors or omissions in the descriptions. Links to third party provider websites provided on the Site are subject to the terms regarding "Links To Other Web Sites" provided above.

 

Third Party Provider Add-On Products Available for Purchase on ni.com. 

Certain third party add-on products made available for purchase on the LabVIEW Tools Network portion of the Site are sold to you by third parties, as indicated in the product pages of such third party products ("Third-Party Add-On Products"). NI is merely providing a service to you by facilitating the sale of these Add-Ons through the Site. When you purchase a Third-Party Add-On Product through the Site, you agree to make payment for the Third-Party Add On Product and that NI may charge you accordingly for any such product purchased as well as for any applicable taxes. All products sold on the Site are sold to you by NI subject to NI's Terms and Conditions of Sale.

 

Disclaimers Regarding National Instruments Alliance Partner Program Members, Other Third Party Providers, and Third-Party Add-On Products. 

National Instruments Alliance Partner program members (including without limitation those Alliance Program members who qualify for Select Integrator status), third parties that make available Third-Party Add-On Products, and other third party providers are business entities independent from NI and have no partnership or joint-venture relationship with NI; furthermore, none of the foregoing is an agent of NI’s. Although NI has a process to qualify and annually review Alliance Program members, neither the National Instruments Alliance Partner program members or any other third party providers themselves, nor any of the software programs, documentation, imagery, logos, materials, goods or services posted, provided or offered by any of them, including without limitation Third-Party Add-On Products, are affiliated with, endorsed, or sponsored by NI. NI has not fully tested, if at all, the third party provider products (including without limitation the Third-Party Add-On Products), and NI does not warrant or assume any responsibility for, and shall have no responsibility or liability associated with, the testing, sale, purchase, use, or support of third party provider products (including without limitation the Third-Party Add-On Products) or services or any other materials associated therewith. Any concerns, support requests, or questions you have regarding the products or services of third party providers (including without limitation the Third-Party Add-On Products) or related content should be addressed directly with the applicable third party provider. NI DISCLAIMS ANY AND ALL LIABILITIES FOR AND MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THIRD-PARTY PRODUCTS (INCLUDING WITHOUT LIMITATION THE THIRD-PARTY ADD-ON PRODUCTS MADE AVAILABLE THROUGH THE SITE) OR SERVICES PROVIDED BY THIRD-PARTY PROVIDERS, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

 

Some jurisdictions do not allow limitations on implied warranties, so these limitations may not apply to you. You may have other rights that vary by jurisdiction.

Use of Press Materials. 

If you are a news publication agency, NI grants to you and you accept from NI a limited, nonexclusive, world-wide license and right to copy, distribute, publish, and display (collectively referred to as "Use") datasheets, images, press materials, white papers and FAQs that NI supplies to you through this Site (collectively, "Copyrightable Works"). A "news publication agency" is defined as an organization whose primary function is summarizing and analyzing news and which publishes, on a regular periodic basis, media containing news articles of opinion, features, and advertising. All rights not expressly granted to you are reserved to NI. Your right to use the Copyrightable Works is limited to Use in trade journals, newspapers, magazines, news publishing websites, and other publications maintained by news publication agencies. Notwithstanding the rights granted to you above, in no event may you Use the Copyrighted Works in any manner that (in NI's opinion) defames, tarnishes, or otherwise injures the reputation of NI.

Use Limitation. 

NI respects the intellectual property of others, and we ask our users to do the same. If you are an entity other than a news publication agency, you agree to request permission to use the materials on the Site. The request must include the following.

 

  • The name or description of the requested Copyrightable Work(s).
  • Your intended use of the requested Copyrightable Work(s).
  • The type and/or name of the publication you intend to create.
  • Any modifications or alterations you intend to make to the requested Copyrightable Works.

 

You agree not to use the Copyrightable Works without NI's prior written approval, which may be given or withheld by NI in its sole discretion on a case by case basis and which may include further limitations or restrictions on your use of such Copyrightable Works.

 

In no event may you use the Copyrighted Works in any manner that (in NI's opinion) defames, tarnishes, or otherwise injures the reputation of NI.

Linking.

NI gives you a nonexclusive, nontransferable permission, revocable by NI in its sole discretion at any time, to display the word mark "National Instruments", in font and color that is nondistinctive from the font and color used to represent other html links to third party web sites on your web site, only to represent an html link to the National Instruments web site home page (www.ni.com), subject to the following terms and conditions, each of which you agree to comply with:

 

  • No linking from any websites or pages that are obscene, pornographic, illegal, is permitted.
  • No linking from any websites that disparage NI or any of its products or services is permitted.

Indemnity.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS NATIONAL INSTRUMENTS CORPORATION AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES), EVEN IF CAUSED OR CONTRIBUTED BY ANY NEGLIGENCE ON THE PART OF NATIONAL INSTRUMENTS CORPORATION, ANY OF ITS AFFILIATES, OR OTHERS, ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOLLOWING: ANY FAILURE TO COMPLY WITH THESE TERMS; YOUR WEB SITE OR WEB PAGE ON WHICH THE LINK APPEARS OR WITH WHICH THE LINK IS ASSOCIATED, INCLUDING WITHOUT LIMITATION ANY STATEMENTS OR CLAIMS MADE ON SUCH WEBSITE OR WEB PAGE; OR ANY PRODUCTS OR SERVICES SOLD OR MARKETED ON SUCH WEBSITE OR WEB PAGE.

Disclaimer. 

THE CONTENTS OF THIS SITE ARE PROVIDED "AS IS." NI DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

 

The contents of this Site could contain technical inaccuracies, typographical errors or out-of-date information. Information may be updated or changed at any time, without notice. Use of such information is therefore at your own risk. Warranties for products purchased from NI are provided in separate documents. Mention of non-NI products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation for specific purposes.

Limitation of Liability.

NI WILL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENTS OF THIS SITE EVEN IF NI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Applicable Laws.

NI administers this Site from its offices in Austin, Texas. NI makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptation thereof in violation of any applicable laws or regulations, including, without limitation, U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of laws.

General.

NI may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Questions regarding the NI Copyright Infringement Policy may be directed to the NI Copyright Agent by email to copyrightagent@ni.com.

 

For information on NI Trademarks click here.