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 CLICKING THE APPLICABLE BUTTON 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, CLICK THE APPROPRIATE BUTTON TO CANCEL THE INSTALLATION
PROCESS, DO NOT INSTALL OR USE THE SOFTWARE, AND IMMEDIATELY DELETE ALL OF
THE SOFTWARE AND ANY APPLICABLE DOCUMENTATION.
1. Definitions. As used in this Agreement, the following terms have the following meanings:
(a) “Licensee” means you, the individual requesting access to and use of the Pre-Release
Product(s), as well as your employer if your access or use of the Pre-Release Product(s) is
within the scope of your employment. Licensee is also referred to herein as “you” or
“your.”
(b) “NI” means National Instruments Corporation, a Delaware corporation.
(c) “Program” means Licensee’s access and participation in the NI Labs portion of the
www.ni.com website.
(d) “Pre-Release Product” means any software or code you download and/or otherwise
access in connection with the Program, whether downloaded to your local computer or
accessed as a hosted service via www.ni.com, and all related documentation.
2. License; General Terms of Use.
(a) This Agreement covers your access and use of the Pre-Release Product(s). Because this software
is experimental and has not yet been released for large-scale commercial use or fully tested by NI,
the terms of this Agreement vary from the standard NI software end user license terms. Please
see www.ni.com/legal/termsofuse/unitedstates/us/ (the “Terms of Use”) for terms and conditions
relating to your use of www.ni.com.
(b) Licensee acknowledges and agrees that (i) the Pre-Release Product(s) are protected by applicable
copyright and other intellectual property laws and international treaty provisions and (ii) all right,
title, and interest in and to the Pre-Release Product(s), including associated intellectual property
rights, are and shall remain with NI and/or its licensors. All rights not expressly granted to
Licensee in this Agreement are reserved to NI.
(c) NI desires to have the Pre-Release Product(s) tested and evaluated on certain computer equipment
supplied by Licensee, and Licensee desires to accept a license, subject to the terms and conditions
herein, of such Pre-Release Product(s) for such purposes. NI hereby grants to Licensee a limited,
terminable, non-exclusive, non-transferable license to use and evaluate (for a limited period of
time) the Pre-Release Product(s) for internal evaluation and trial purposes only and subject to the
terms and conditions set forth in this Agreement.
(d) The provision of Pre-Release Product(s) to Licensee (including delivery and schedule) and
Licensee’s access to the Program is at NI’s sole discretion. If and when Licensee receives the Pre-
Release Product(s), it agrees to use the Pre-Release Product(s) in accordance with the terms of
this Agreement in order to test the quality of the Pre-Release Product(s) and to expeditiously
report problems and anomalies (including all errors or bugs that Licensee might find). NI
reserves the right in its sole discretion to terminate or suspend Licensee’s access to the Program
and/or terminate Licensee’s license to Pre-Release Product(s) at any time.
(e) Licensee understands and acknowledges that NI is under no obligation to (i) release Pre-release
Product(s) as a standard product or as part of any standard product, (ii) update or support
 Licensee’s use of the Pre-Release Product(s), or (iii) continue to allow the Licensee access to the
Program or any Pre-Release Product(s) update.
3. Restrictions. This license is for Licensee’s own internal use only. Therefore, the license is non-
transferable and Licensee may not distribute or otherwise provide the Pre-Release Product(s) to any third
party nor may Licensee distribute or transfer any applications it creates with the Pre-Release Product(s).
Licensee may not: (i) reverse engineer, decompile, or disassemble the Pre-release Product(s) (except to
the extent such foregoing restriction is expressly prohibited by applicable law); (ii) sub-license, lease, rent
or make available the Pre-release Product(s); (iii) distribute in whole or part, modify, or create derivatives
of the Pre-release Product(s); or (iv) directly or indirectly, export, re-export, download, or ship the Pre-
release Product(s) in violation of the laws and regulations of the U.S.A. or the laws and regulations of the
applicable jurisdiction in which Licensee uses the Pre-release Product(s). Pre-Release Product(s) may be
used in object code form only. Licensee may make a reasonable number of copies of the Pre-Release
Product(s) so long as (i) the use of such copies is internal to Licensee or Licensee’s organization and such
use is for evaluation and trial purposes only and (ii) all copies contain the copyright and other proprietary
notices that appear on or in the Pre-Release Product(s).
4. Confidential Information. Licensee agrees not to, in the course of utilizing the Pre-Release Product(s)
and its participation in the Program, disclose to NI or cause NI to use any information or material that is
confidential to Licensee or any third party. Any information or material transmitted to or otherwise
received by NI in connection with the Pre-Release Product(s) or the Program shall be considered non-
confidential and non-proprietary.
5. Feedback. One of the primary purposes why NI desires to provide the Pre-Release Product(s) to you
free of charge is to determine its usefulness to the public. Licensee shall, at its own expense, prepare and
maintain the test equipment to ensure that the physical environment is suitable for installation, operation,
and testing of the Pre-Release Product(s) and that proper utilities are in place. NI Labs provides a number
of forums for you to actively participate and provide NI with your feedback about the Pre-Release
Product(s). Any feedback disclosed by LICENSEE to NI, including but not limited to any changes or
suggested changes to NI’s current or future products and services you post to NI Labs (collectively
“Feedback”), shall be received and treated by NI on a non-confidential and unrestricted basis,
notwithstanding any restrictive or proprietary legends of Licensee to the contrary without further
compensation to you. Licensee hereby grants to NI a worldwide, royalty-free, non-exclusive, perpetual,
and irrevocable license to (i) use, copy, and modify Feedback for any purpose, including but not limited to
incorporation and/or implementation of such Feedback into NI products or services, and (ii) display,
market, sublicense and distribute Feedback as incorporated or embedded in any product or service
distributed or offered by NI.
6. High Risk Applications/System Failures. NI does not represent or warrant that the Pre-Release
Product(s) will meet Licensee’s requirements or that the use or operation thereof will be uninterrupted or
error-free. On the contrary, Licensee acknowledges that (a) the Pre-Release Product(s) have not been
fully tested, (b) the Pre-Release Product(s) may have bugs, errors, or other defects and (c) the purpose of
this Agreement is to test and evaluate the Pre-Release Product(s). Licensee understands that using the
Pre-Release Product(s) is risky and that among the risks are incorrect computational results, incorrect
program behavior, and corruption of computer storage media. Licensee agrees not to use Pre-Release
Product(s) in a production environment and to take precautions in using the Pre-Release Product(s), such
as not to use the Pre-Release Product(s) where personal or product damage may result and to maintain full
backups of storage media. THE PRE-RELEASE PRODUCT(S) ARE PROVIDED “AS IS WITH ALL
FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND NO OTHER WARRANTIES, EITHER
EXPRESSED OR IMPLIED, ARE MADE WITH RESPECT TO THE PRE-RELEASE PRODUCT(S),
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 PRE-RELEASE PRODUCT(S) IN TERMS OF
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE AND DOES NOT WARRANT
THAT THE OPERATION OF THE PRE-RELEASE PRODUCT(S) WILL BE UNINTERRUPTED OR
ERROR FREE. LICENSEE ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE OF THE PRE-RELEASE PRODUCT(S). NI EXPRESSLY DISCLAIMS ANY
WARRANTIES NOT EXPRESSLY STATED HEREIN. NI WILL NOT UPDATE THE PRE-RELEASE
PRODUCT(S) NOR WILL NI SUPPORT THE PRE-RELEASE PRODUCT(S).
7. Warning. (1) NI PRODUCTS, INCLUDING PRE-RELEASE PRODUCT(S), 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 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, LICENSEE 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.
8. Limitation on Liability. NI SHALL HAVE NO LIABILITY TO LICENSEE OR ANY OTHER
INDIVIDUAL OR ENTITY CONNECTED WITH LICENSEE FOR ANY CLAIM, LOSS, OR
DAMAGE OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION
WITH THE PERFORMANCE OF THIS AGREEMENT OR ARISING OUT OF OR IN CONNECTION
WITH (1) THE DEFICIENCY OR INADEQUACY OF THE PRE-RELEASE PRODUCT(S) FOR ANY
PURPOSE, WHETHER OR NOT KNOWN OR DISCLOSED TO LICENSOR; (2) THE USE OR
PERFORMANCE OF THE PRE-RELEASE PRODUCT(S) OR ANY FILES, DATA, OR COMPUTER
SYSTEMS RELATED THERETO OR USED IN CONNECTION THEREWITH; (3) ANY
INTERRUPTION OR LOSS OF SERVICE OR USE OF THE PRE-RELEASE PRODUCT(S), OR ANY
FILES, DATA, OR OTHER COMPUTER SYSTEMS; (4) ANY PRODUCT FAILURE; OR (5) ANY
LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR
SPECIAL LOSS OR DAMAGE OF ANY KIND OR NATURE RESULTING FROM THE
FOREGOING, EVEN IF NI OR ITS LICENSORS, DISTRIBUTORS, OR SUPPLIERS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Licensee acknowledges that, but for this
provision, NI would not make the Pre-release Product(s) available to Licensee. 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 Pre-release Product(s) are 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 the total sum of $50,000.
9. Indemnification. Licensee hereby agrees to indemnify, defend and hold NI and its affiliates, officers,
directors, owners, information providers, agents, attorneys, licensees, and licensors (collectively, the
“Indemnified Parties”) harmless from and against any and all liabilities, claims, costs, including
reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any demand, claim,
action, suit, or loss arising as a result of any breach by Licensee of this Agreement or claims arising from
Licensee’s participation in the Program or use of the Pre-Release Product(s). Licensee agrees to use its
best efforts to cooperate with NI in the defense of any demand, claim, action or suit. NI reserves the right
to assume the exclusive defense of any matter subject to indemnification by Licensee at NI’s own
expense.
10. Term. The term of this Agreement shall begin upon the date of your acceptance of this Agreement
and shall continue thereafter until the earliest of (1) the official release (if it occurs) of the Pre-Release
Product(s) as a standard National Instruments’ product or as a part of such a product, (2) deactivation of
the Pre-Release Products as described below, or (3) NI’s written request to Licensee that Licensee cease
testing the Pre-Release Product(s) (which NI may in its sole discretion make at any time). Licensee may
terminate this Agreement by immediately ceasing all use of the Pre-Release Product(s), returning the Pre-
Release Product(s), all copies thereof, and all related documentation to NI, or certifying to NI that
Licensee has destroyed the same. Further, this Agreement shall automatically terminate upon failure by
Licensee to comply with its terms. THE PRE-RELEASE PRODUCT(S) MAY CONTAIN CODE THAT
WILL, AFTER A CERTAIN TIME PERIOD, DEACTIVATE THE PRE-RELEASE PRODUCT(S) AND
RENDER THE PRE-RELEASE PRODUCT(S) UNUSABLE. ALTHOUGH THE PRE-RELEASE
PRODUCT(S) MAY ATTEMPT TO WARN LICENSEE OF THE TIME-FRAME IN WHICH IT WILL
BE DISABLED, LICENSEE ACKNOWLEDGES AND AGREES THAT THE PRE-RELEASE
PRODUCT(S) MAY BE DEACTIVATED OR RENDERED UNUSABLE WITH OR WITHOUT
WARNING. Upon such deactivation, this Agreement will be considered terminated. Upon expiration or
termination of this Agreement, the license granted to Licensee in Section 2 above will immediately
terminate, and Licensee agrees to immediately stop using the Pre-Release Product(s), return the Pre-
Release Product(s), all copies thereof, and all related documentation to NI, or certify that Licensee has
destroyed the same. Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 19 and 20 shall, however,
survive the termination of this Agreement.
11. Export. Licensee agrees that the Pre-Release Product(s) will not be downloaded, transferred, or
exported into any country or used in any manner prohibited by the United States Export Administration
Act, as amended from time to time (the “Act”), or any other export laws, restrictions, or regulations.
Licensee represents and warrants that it is not located in or under the control of any country (including
without limitation Cuba, Iran, North Korea, Sudan or Syria) that the Act prohibits the exportation of the
Pre-Release Product(s) to and that it is not otherwise prohibited under the export control laws from
receiving the Pre-Release Product(s).
12. Privacy. Licensee’s right to privacy is a priority to NI. NI uses data collected from Licensee, for
example, in connection with the operation and management of the Program and research and development
of its existing hardware and software products and hardware and software in various stages of research
and development, including without limitation the Pre-Release Product(s). Please review NI’s Privacy
Statement (http://www.ni.com/legal/privacy/unitedstates/us/) to learn more about how NI uses and
protects such data.
13. Relationship of Parties. Notwithstanding any provision hereof, for all purposes of this Agreement
each party shall be and act as an independent contractor and not as partner, joint venturer, agent,
employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
14. Authority. By clicking the “ACCEPT” button below, Licensee (both on his/her own individual behalf
and on behalf of his/her employer, if access to and use of Pre-Release Product(s) has been requested
within the scope of his/her employment) hereby (a) represents and warrants that he/she is authorized to
enter into this Agreement on behalf of and bind Licensee and (b) agrees, on the behalf of Licensee, to be
bound by all of the terms and conditions contained herein, including without limitation Sections 3, 4, 5, 6,
8, and 9 above.
15. Government Restricted Use. 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 Pre-release Product(s), or any related documentation of any kind, including technical data
or manuals, is restricted in accordance with Federal Acquisition Regulation 12.212 for civilian agencies
and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. The Pre-Release
Product(s) constitute commercial computer software and the related documentation are commercial
computer software documentation. The use of the Pre-Release Product(s) 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.
16. Choice of Law; No Other Agreements. THIS AGREEMENT IS GOVERNED BY THE LAWS OF
THE STATE OF TEXAS, 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 CONSTITUTES THE COMPLETE AGREEMENT
BETWEEN LICENSEE AND NI. It supersedes any oral or written proposals, prior agreements, purchase
orders or any other communication between Licensee and NI relating to the subject matter of this
Agreement.
17. Priority. In the event of an inconsistency between this Agreement and NI’s Terms of Use, this
Agreement shall control.
18. Severability. If any provision of this Agreement, or the application thereof, shall for any reason and
to any extent be determined by a court of competent jurisdiction to be invalid or unenforceable under
applicable law, the remaining provisions of this Agreement shall be interpreted so as best to reasonably
effect the intent of the parties. The parties further agree to replace any such invalid or unenforceable
provisions with valid and enforceable provisions designed to achieve, to the extent possible, the business
purposes and intent of such invalid and unenforceable provisions.
19. Section Headings. Section headings herein are included for convenience of reference only and shall
not affect the interpretation of this Agreement.
20. Attorneys’ Fees. 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.
By clicking the “ACCEPT” button below or by otherwise completing the installation process or
accessing any Pre-Release Product, I hereby agree (both on my own individual behalf and on behalf
of my employer, if I am participating in the Program and/or using the Pre-Release Product(s)
within the scope of my employment) to the foregoing Agreement with NI.