Thank You Crossrulz!
I am attaching the text of section 12 here for future reference. I know this question may pop up now and then.
Best regards
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12. Application Deployment. You may distribute, deploy or otherwise make available Authorized Applications (along
with applicable runtime engines for the SOFTWARE and applicable Driver Interface Software that you may
include as part of or together with your Authorized Applications; and along with the Microsoft Silverlight software
which may be provided by NI as Third Party Software if the Authorized Application is one created using such
Microsoft Silverlight software) provided that you comply with each of the requirements set forth in sub-sections
(A.) and (B.) below:
A. Deployment and Distribution Requirements.
(1.) You include the following copyright notice "Copyright © [insert year] National Instruments Corporation.
All Rights Reserved." in the Authorized Application′s About Box (if applicable) and in (i) any applicable
written documentation or, (ii) if no such documentation exists, in a "read me" or other .txt file distributed
with each copy of the Authorized Application; (you may instead, or in addition, include your own
copyright notice with the notice(s) required above, but in no event may you remove or alter any
copyright, patent, trademark, or other legal notices or disclaimers that exist in the SOFTWARE; and,
with respect to any runtime engines for the SOFTWARE and any Driver Interface Software that you may
include as part of or together with your Authorized Application, your copyright notice shall be
understood as protecting NI’s copyrights in the SOFTWARE and shall not be understood as meaning
that you have any copyright in or with respect to any SOFTWARE);
(2.) You do not use NI′s name, logo, or trademarks to market your Authorized Application without NI′s
express prior written permission;
(3.) You shall indemnify, hold harmless, and defend NI from and against any and all claims, demands,
lawsuits, liabilities, losses, damages, costs and expenses, including attorneys′ fees, that arise or result
from the use or distribution of your Authorized Application, AND EVEN IF DUE IN PART TO NI′S
CONCURRENT NEGLIGENCE OR OTHER FAULT OR STRICT LIABILITY WITHOUT REGARD TO
FAULT; PROVIDED, HOWEVER, THAT YOUR CONTRACTUAL OBLIGATION OF
INDEMNIFICATION SHALL NOT EXTEND TO THE PERCENTAGE OF THE CLAIMANT′S
DAMAGES OR INJURIES OR THE SETTLEMENT AMOUNT ATTRIBUTABLE TO NI′S
NEGLIGENCE OR OTHER FAULT OR TO STRICT LIABILITY IMPOSED UPON NI AS A MATTER
OF LAW;
(4.) You conform to all of the requirements of the Third Party Software license agreements provided with the
SOFTWARE, including complying with any provisions in the Third Party Software licenses regarding
copyright notices;
(5.) The Authorized Application is not and will not consist of or include any malicious, deceptive, or unlawful
programs; and
(6.) a. If you distribute to any third parties your Authorized Application with any run-time engine for the
SOFTWARE or Driver Interface Software, you either pass through to your end users this
Agreement, or license the Authorized Application and any run-time engine for the SOFTWARE and
Driver Interface Software distributed with the Authorized Application, subject to your own license
agreement that is substantially in accordance with this Agreement and with at least the following
provisions: (i) a disclaimer of implied warranties and consequential damages in favor of you and
your licensors; (ii) a restricted rights provision substantially similar to the Section of this Agreement
entitled "U.S. Government Rights"; and (iii) restrictions against (a) reverse engineering,
decompiling, or disassembling the SOFTWARE (except to the extent such foregoing restriction is
expressly prohibited by applicable law); (b) sub-licensing, leasing, lending or renting the
SOFTWARE; (c) distributing in whole or in part, modifying, or creating derivatives of the
SOFTWARE; (d) using any H.264/MPEG-4 AVC and/or VC-1 technology or codecs included in or
with Microsoft Silverlight software which may be provided by NI as Third Party Software, including
for the purpose of encoding or decoding video in compliance with, or making use of, the H.264/AVC
visual standard or the VC-1 video standard; (e) taking any action that results in any SOFTWARE
being subject to an Excluded License; (f) directly or indirectly, exporting, re-exporting, downloading,
transmitting or shipping the SOFTWARE in violation of Section 21.D. or otherwise in violation of
any applicable laws or regulations, including those of the U.S., the European Union or the
jurisdiction in which the SOFTWARE is used or downloaded; and (g) (if your Authorized Application
enables the use of Scripting) using the Scripting functionality to create applications which perform
the functionality of an editor for a graphical programming environment; and
b. If you distribute to any third parties your Authorized Application with Microsoft Silverlight software
which may be provided by NI as Third Party Software, then, in addition to complying with the other
requirements of this Section 12. A. (6.),
(i) you use the installer builder tool provided by NI with the SOFTWARE to create an installer for
your Authorized Application and you include the installer that NI provides for the Microsoft
Silverlight software in the installer for your Authorized Application, or you distribute your
Authorized Application with the installer that NI provides at the following URL:
http://digital.ni.com/express.nsf/bycode/InstallerForMicrosoftSilverlight, and, in either case,
you do not modify the installer that NI provides or the installer experience (including display of
the Microsoft Silverlight End User License Agreement and Privacy Statement);
(ii) you provide the "Notice About the H.264/AVC Visual Standard and The VC-1 Video Standard"
found in the Third Party Software license agreement for the Microsoft Silverlight software to
such third parties, and ensure that such Notice is provided to others who may receive a copy
of your Authorized Application with the Microsoft Silverlight software (such notice
automatically being installed via the installer that NI provides for the Microsoft Silverlight
software as described in Section 12. A. (6.) b. (i)); and
(iii) after 30 days of being notified by NI of a Critical Update to the Microsoft Silverlight s
