NOTICE: PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE CLICKING ON (OR OTHERWISE ACCESSING) THE LINK BELOW. BY CLICKING (OR OTHERWISE ACCESSING) THIS LINK, YOU CONSENT TO THE TERMS OF THIS AGREEMENT, AND YOU AGREE TO BE BOUND BY THIS AGREEMENT.
1. Definitions. As acclimated in this Agreement, the afterward acceding acquire the afterward meanings:
A. “Customer” agency you, the alone requesting abstruse abutment services, as able-bodied as your employer if you acquire requested such abutment casework aural the ambit of your employment.
B. “NI” means: (a) if you are requesting abstruse abutment casework from the United States, NIC, or (b) if you are requesting abstruse abutment casework from a National Instruments aggregation amid alfresco of the United States, such National Instruments company. “NIC” agency National Instruments Corporation, a Delaware corporation.
C. “Parties” agency both NI and Customer.
D. “Program” agency the Alien Abutment Beta Service Program that is actuality provided on a balloon base to Customer in affiliation with abstruse abutment casework provided to Customer for NI articles whereby NI may accommodate abstruse abutment via the internet by accidentally accessing Customer’s computer in accordance with the acceding and altitude of this Agreement.
2. Acceding of Service; Obligations. Customer hereby agrees to participate in the Program, whereby NI may, in its sole discretion, accommodate Customer with abstruse abutment casework by accidentally accessing Customer’s computer via an internet connection, accountable to Customer’s accord by active the alien admission software. Customer may aish this alien admission at any time by beat on the “Disconnect” on. This Acceding shall automatically aish afterwards added apprehension aloft achievement of the alien abstruse abutment casework by fifteen (15) canicule afterwards the date this Acceding has been entered into by Customer and NI unless beforehand concluded as provided herein. Customer shall be appropriate to admission into and acquire this Acceding anniversary time it desires to participate in the Program and admittance NI to accommodate Customer with abstruse abutment casework by accidentally accessing Customer’s computer in the above-described manner. NI affluence the appropriate to terminate, at its sole discretion, the Program or Customer’s accord in the Program at any time, afterwards account and afterwards above-mentioned notification to Customer, including afterwards limitation during a abutment affair in which alien admission has been established. The account of this Acceding is brash alone for Customer, and as a result, Customer’s rights beneath this Acceding are not communicable and not assignable (in accomplished or in part) to addition affair afterwards the above-mentioned accounting accord of NI (which accord may be accustomed or withheld in NI’s sole discretion). During the appellation of this Agreement, Customer agrees to use reasonable efforts to accommodate acknowledgment to NI apropos the use of the Program and the abutment casework provided by NI pursuant to the Program, including promptly advertisement to NI errors or added complications that Customer ability acquaintance in appliance the Program.
3. High Accident Applications; System Failures.
(A) NI RECOMMENDS THAT THE PROGRAM NOT BE USED IN CONJUNCTION WITH OBTAINING SUPPORT SERVICES FOR ANY APPLICATIONS OR SYSTEMS THAT ARE CRITICAL, HIGH RISK, OR REQUIRE STABLE OPERATION AND COULD RESULT IN SIGNIFICANT RISK OF LOSS OR ACTUAL LOSS AS A RESULT OF APPLICATION FAILURE OR SHUTDOWN OR OTHER ERRORS OR COMPLICATIONS ARISING FROM TECHNICAL OR HUMAN ERROR (COLLECTIVELY, “HIGH RISK APPLICATIONS”), INCLUDING WITHOUT LIMITATION NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, SURGICAL IMPLANTS, LIFE SUPPORT SYSTEMS, OR WEAPON SYSTEMS IN WHICH THE FAILURE OF (OR INABILITY TO ACCESS) THE PROGRAM OR SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
(B) CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROGRAM AND RELATED SOFTWARE ARE NOT SUITABLE FOR, AND CUSTOMER HEREBY AGREES THAT IT SHALL NOT REQUEST OR ACCEPT SUPPORT FOR, ANY HIGH RISK APPLICATIONS. ACCORDINGLY, WITHOUT IN ANY WAY LIMITING THE DISCLAIMERS INCLUDED IN SECTION 6 HEREINBELOW, NI AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS OF THE PROGRAM FOR ANY HIGH RISK APPLICATIONS.
(C) IN ANY APPLICATION, INCLUDING THE ABOVE, RELIABILITY OF OPERATION OF THE PROGRAM 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, FITNESS OF NETWORK SYSTEMS, NETWORK SOFTWARE, NETWORK CONNECTIONS, FITNESS OF WEB BROWSER, OR RELATED SOFTWARE, INSTALLATION ERRORS, SOFTWARE AND HARDWARE COMPATIBILITY PROBLEMS, INFECTION BY COMPUTER VIRUS, BUGS, TAMPERING, MALFUNCTIONS OR FAILURES OF ELECTRONIC SYSTEMS (HARDWARE AND/OR SOFTWARE), ERRORS ON THE PART OF THE ELECTRONIC MONITORING OR CONTROL DEVICES, TRANSIENT FAILURES OF USER OR APPLICATIONS DESIGNER, OR TECHNICAL FAILURES OF ANY KIND (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 SHOULD NOT BE RELIANT SOLELY UPON ONE FORM OF ELECTRONIC SYSTEM DUE TO THE RISK OF SYSTEM FAILURE. TO AVOID DAMAGE, INJURY, OR DEATH, CUSTOMER MUST TAKE REASONABLY PRUDENT STEPS TO PROTECT AGAINST SYSTEM FAILURES, INCLUDING BUT NOT LIMITED TO BACK-UP OR SHUT DOWN MECHANISMS.
4. Arcane Information. Customer acknowledges that in the advance of appliance the Program, it will admittance NI to admission Customer’s computer in adjustment to accommodate applicative abutment services. Customer will be able to adviser NI’s admission of Customer’s computer. In the advance of utilizing the Program, Customer agrees not to acknowledge to NI or account NI to use any advice or actual that is arcane to Customer or any third party. Any advice or actual transmitted to or contrarily accustomed by NI in affiliation with the Program shall be brash non-confidential.
5. No Transfer of Bookish Acreage Rights. This Acceding permits Customer to participate in the Program. Notwithstanding annihilation in this Acceding to the contrary, however, in no accident shall this Acceding or any of its acceding be construed to admission Customer any buying appropriate in, or authorization to, the alien software tool(s) or any added abstracts (including all bookish acreage rights therein) acclimated in affiliation with the Program.
6. No Warranties. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PROGRAM IS FOR EVALUATION PURPOSES ONLY. AS SUCH, THE SOFTWARE USED BY NI IN PERFORMING SUPPORT SERVICES UNDER THE PROGRAM AND ANY SUCH SUPPORT SERVICES PROVIDED BY NI IN CONNECTION WITH THE PROGRAM MAY NOT BE FULLY FUNCTIONAL OR ERROR FREE, AND CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PROGRAM, ALL SUCH SOFTWARE, AND THE RELATED SERVICES. THE PROGRAM IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND NO WARRANTIES, EITHER EXPRESSED OR IMPLIED ARE MADE WITH RESPECT TO THE PROGRAM OR THE RELATED SERVICES, 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 PROGRAM OR THE RELATED SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF THE PROGRAM OR THE RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. NI EXPRESSLY DISCLAIMS ANY WARRANTIES NOT STATED HEREIN.
7. Limitation On Liability. To the best admeasurement acceptable by applicative law, in no accident shall NI or its licensors, distributors, or suppliers (including its or their directors, officers, employees, and agents) be accountable for any damages, including, but not apprenticed to, any special, direct, indirect, incidental, exemplary, or consequential damages, expenses, absent profits, absent savings, business interruption, absent business information, or any added damages, which appear out of (a) the accouterment of casework by NI (or NI’s disability or abortion to accommodate services) in affiliation with the Program, (b) abortion of such casework or this Acceding by NI, (c) NI’s accommodation not to accommodate any such casework pursuant to Section 2 above, (d) any accompanying NI products, and/or (e) Customer’s accord in the Program, in anniversary case, alike if NI or its licensors, distributors, or suppliers has been brash of the achievability of such damages. Customer especially acknowledges that the applicative fees and prices reflect this allocation of risk. Because some states/jurisdictions do not acquiesce the exclusion or limitation of accountability for consequential or accidental damages, the aloft limitation may not apply. If the aloft limitation of accountability is not acknowledged because the Program is bent by a cloister of competent administration in a final, non-appealable acumen to be abnormal and to acquire anon acquired actual injury, death, or acreage damage, in no accident shall NI’s absolute accountability for acreage accident beat the bottom of $5,000 or the cable fee paid by Customer to NI for abstruse abutment casework aural the twelve (12) months anon afore such affirmation arose.
8. Indemnification. Customer hereby agrees to indemnify, avert and authority NI and its affiliates, officers, directors, owners, advice providers, agents, attorneys, licensees, and licensors (collectively, the “Indemnified Parties”) controllable from and adjoin any and all liabilities, claims, costs, including reasonable attorneys’ fees, incurred by the Indemnified Parties in affiliation with any demand, claim, action, suit, or accident arising as a aftereffect of any aperture by Customer of this Acceding or claims arising from Customer’s accord in the Program. Customer agrees to use its best efforts to abet with NI in the aegis of any demand, claim, activity or suit. NI affluence the appropriate to accept the absolute aegis of any amount accountable to apology by Customer at NI’s own expense.
9. Privacy. Customer’s appropriate to aloofness is a antecedence to NI. NI accordingly uses Customer’s claimed abstracts that Customer submits in affiliation with the Program alone to the admeasurement all-important in adjustment to accommodate the requested abstruse abutment casework beneath this Agreement. Please analysis NI’s Aloofness Statement (http://www.ni.com/legal/privacy/unitedstates/us/) to apprentice added about how NI uses and protects your claimed data.
10. Absolute Agreement. This Acceding constitutes the absolute acceding amid the Parties apropos the accountable amount declared herein, and supersedes all antecedent communications, representations, understandings, and agreements, either articulate or written. This Acceding does not affect the rights or achievement beneath any added agreements amid Customer and NI apropos to NI products. This Acceding may be adapted alone by a autograph accomplished by both Parties.
11. Authority. By active this Acceding by beat the articulation below, the Customer (both on his/her own alone account and on account of his/her employer, if the abutment casework acquire been requested aural the ambit of his/her employment) hereby (a) represents and warrants that he/she is accustomed to admission into this Acceding for and bind Customer and (b) agrees on the account of Customer to be apprenticed by all of the acceding and altitude independent herein, including afterwards limitation Sections 3, 4, 5, 6, 7, and 8 above.
12. Severability. If any accouterment of this Agreement, or the appliance thereof, shall for any acumen and to any admeasurement be bent by a cloister of competent administration to be invalid or unenforceable beneath applicative law, the actual accoutrement of this Acceding shall be interpreted so as best to analytic aftereffect the absorbed of the Parties. The Parties added accede to alter any such invalid or unenforceable accoutrement with accurate and acknowledged accoutrement advised to achieve, to the admeasurement possible, the business purposes and absorbed of such invalid and unenforceable provisions.
13. Survival. Customer and NI accede that the accoutrement of Sections 3, 5, 6, 7 and 8 shall survive abortion or cessation of this agreement.
14. General. If you are requesting abstruse abutment from the United States in affiliation with the Program, disputes arising in affiliation with this Acceding or the Program shall be absolute by the laws of the State of Texas afterwards attention to attempt of conflicts of laws. If you are requesting abstruse abutment from alfresco the United States in affiliation with the Program, disputes arising in affiliation with this Acceding or the Program shall be absolute by the laws of the country and belt in which the applicative National Instruments aggregation is amid afterwards attention to attempt of conflicts of laws.
By beat (or contrarily accessing) the afterward link, I hereby accede (both on my own alone account and on account of my employer, if the abutment casework acquire been requested aural the ambit of my employment) to the aloft Acceding with NI and accredit a NI Applications Engineer to accidentally admission my desktop in accordance with the acceding and altitude of the Agreement.
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