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authorAndrew Ammerlaan <andrewammerlaan@riseup.net>2020-12-20 11:08:24 +0100
committerAisha Tammy <gentoo@aisha.cc>2020-12-20 23:29:37 +0000
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tree893c1a87eb76033bd5d8904ae0cfada52d8d49f5 /licenses
parentprofiles/pakcage.mask: cleanup (diff)
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Package-Manager: Portage-3.0.12, Repoman-3.0.2 Signed-off-by: Andrew Ammerlaan <andrewammerlaan@riseup.net> Closes: https://github.com/gentoo/sci/pull/998 Signed-off-by: Aisha Tammy <gentoo@aisha.cc>
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-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