FW: More NI License Problems

[Jim K. <ji...@ji...>]

Hello OpenG Developers,

I just sent this email to the Info-LabVIEW mailing list.  This has many
implications for OpenG projects.  I'm not yet sure what NI's response is =
--
we'll have to wait and see.

-Jim

-----Original Message-----
From: Jim Kring=20
Sent: Tuesday, November 25, 2003 3:01 PM
To: 'info-labview'
Subject: More NI License Problems


Hello Info-LV'ers,

For those of you who haven't read your NISLA (NATIONAL INSTRUMENTS =
SOFTWARE
LICENSE AGREEMENT) lately, I suggest that you take a look.  The VISA =
Serial
issue (see thread: "Distributing built application with VISA =3D Not =
free") is
only the tip of the iceberg, it seems.  The definition of what is an
"Authorized Application" (the only type of application you are allowed =
to
create, per the NISLA) has grown to exclude *ANY* applications that =
compete
with *ANY* National Instruments software.  This seems to imply that if =
one
is developing a software product that NI finds valuable, it would be =
well
within NI's rights to start development of a similar product and then =
issue
the competitor a cease and desist order.  This is very troubling, in my
opinion, and seems to affect the rights of anyone who distributes *ANY*
software written in LabVIEW, for sale or for free.

Any thoughts?  Please, someone at NI, tell me that I am wrong.

Regards,

-Jim Kring


Section 1 Part E of the NATIONAL INSTRUMENTS SOFTWARE LICENSE AGREEMENT

-- August 2001 (circa LabVIEW 6.1) --
1.E.   "Authorized Applications." Means only those applications that: =
(i)
you create with development versions of the SOFTWARE that you have =
validly
licensed and (ii) are not in themselves general purpose tools that =
permit
the development of applications to acquire, display, or analyze data.
-------------------------------------

-- April 2003 (circa LabVIEW 7.0) --
1.E.	"Authorized Applications." Means only those applications that: (i)
you create with development versions of the SOFTWARE that you have =
validly
licensed and (ii) which do not, as solely determined by NI, perform (by
themselves or in combination with other products) the same or similar
functions as (or are otherwise intended to replace or supplant any =
component
of) the SOFTWARE or any other software of NI.  Notwithstanding the
foregoing, any application created with the SOFTWARE acquired under an
evaluation license is not an Authorized Application.
-------------------------------------