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Use of Site. Digilent, Inc. authorizes you to use, contribute, post, view and download materials on Digilent’s web sites, which include, by are not limited to Digilent’s store, forum, blog, and learn sites, ("Site") in accordance with the terms and conditions set forth herein. Unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. Any rights not expressly granted herein are reserved to Digilent.
Use of Software. Notwithstanding the provisions set forth in the “Use of Site” section of these Terms, use of all software that you download from this Site ("Software") is subject to the license terms of the applicable software license agreement for such Software. The applicable software license agreement will typically accompany or be provided at the time you download or otherwise access the Software. If not, then contact Digilent for the applicable Software license agreement. You may not use the Software until you have read and accepted the terms of the applicable software license agreement.
Intellectual Property. Except as otherwise provided on the Site, all rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belong to Digilent or another party that has licensed its material to Digilent. Except as expressly provided above, nothing on the Site shall be construed as conferring any license or right under copyright, trademark or other intellectual property rights. More information about Digilent's trademarks can be found at ni.com/trademarks.
User Contributions. Any information or material ("Communications") that you transmit to this Site is considered non-confidential. Digilent has no obligations with respect to the Communications, and Digilent is free and you authorize Digilent to copy, disclose, distribute, incorporate, translate and otherwise use the Communications and all related data, images, sound, and text for any and all purposes. Digilent reserves the right, in its sole discretion on a case by case basis, to remove, reject, or otherwise modify any such Communications or any portion(s) thereof. Digilent may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications, including but not limited to discussion groups, bulletin boards or other user forums, and the content of any such Communications. Digilent, however, has no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. DIGILENT DISCLAIMS ANY AND ALL LIABILITIES FOR AND MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY SUCH COMMUNICATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
For information regarding DIGILENT’s Copyright Infringement Policy, please see below.
Your Conduct. In the areas on the Site where users transmit or post Communications, you are prohibited from:
- Uploading files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
- Uploading files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertising or offering to sell or buy any goods or services.
- Falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restricting or inhibiting any other user from transmitting or posting Communications.
- Harvesting or otherwise collecting information about others, including e-mail addresses.
By transmitting any such Communications, you warrant that: (a) you have full authority to transmit such Communications; (b) you are the sole owner of the Communications and/or such Communications constitute material in the public domain; and (c) neither the Communications nor any part(s) of the Communications will (x) infringe any copyright or other intellectual property rights or violate any proprietary rights or rights of publicity or privacy; (y) contain any scandalous, libelous, or unlawful matter; or (z) contain any formula, process, instruction, or other material that is injurious to a person or property.
Links To Other Web Sites. Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. DIGILENT does not control and is not responsible for any of these sites or their content. Thus, DIGILENT does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Third Party Providers.
Third Party Provider Pages. Certain portions of the Site feature information regarding the products or services of third party providers. Third party providers include, without limitation, third parties that make available Third-Party Add-On Products (as defined below) and Digilent Alliance Partner program members. Information about such products and services is provided by the respective third party providers, who are solely responsible for such information and content, as well as for their respective products and services, including without limitation Third-Party Add-On Products. DIGILENT believes that the respective third party providers offer the types of products described and the support services indicated, but DIGILENT is not responsible for any errors or omissions in the descriptions. Links to third party provider websites provided on the Site are subject to the terms regarding "Links To Other Web Sites" provided above.
Use Limitation. Digilent respects the intellectual property of others, and we ask our users to do the same. You agree to request permission to use the materials on the Site. The request must include the following.
The name or description of the requested Copyrightable Work(s).
Your intended use of the requested Copyrightable Work(s).
The type and/or name of the publication you intend to create.
Any modifications or alterations you intend to make to the requested Copyrightable Works.
You agree not to use the Copyrightable Works without DIGILENT’s prior written approval, which may be given or withheld by DIGILENT in its sole discretion on a case by case basis and which may include further limitations or restrictions on your use of such Copyrightable Works.
In no event may you use the Copyrighted Works in any manner that (in DIGILENT’s opinion) defames, tarnishes, or otherwise injures the reputation of Digilent or National InstrumentsI.
Linking. DIGILENT gives you a nonexclusive, nontransferable permission, revocable by DIGILENT in its sole discretion at any time, to display the word mark "Digilent", in font and color that is nondistinctive from the font and color used to represent other html links to third party web sites on your web site, only to represent an html link to the Digilent web site home page (www.digilent.com), subject to the following terms and conditions, each of which you agree to comply with:
No linking from any websites or pages that are obscene, pornographic, illegal, is permitted.
No linking from any websites that disparage DIGILENT or any of its products or services is permitted.
Indemnity. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS DIGILENT CORPORATION AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES), EVEN IF CAUSED OR CONTRIBUTED BY ANY NEGLIGENCE ON THE PART OF DIGILENT CORPORATION, ANY OF ITS AFFILIATES, OR OTHERS, ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOLLOWING: ANY FAILURE TO COMPLY WITH THESE TERMS; YOUR WEB SITE OR WEB PAGE ON WHICH THE LINK APPEARS OR WITH WHICH THE LINK IS ASSOCIATED, INCLUDING WITHOUT LIMITATION ANY STATEMENTS OR CLAIMS MADE ON SUCH WEBSITE OR WEB PAGE; OR ANY PRODUCTS OR SERVICES SOLD OR MARKETED ON SUCH WEBSITE OR WEB PAGE.
Disclaimer. THE CONTENTS OF THIS SITE ARE PROVIDED "AS IS." DIGILENT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
The contents of this Site could contain technical inaccuracies, typographical errors or out-of-date information. Information may be updated or changed at any time, without notice. Use of such information is therefore at your own risk. Warranties for products purchased from DIGILENT are provided in separate documents. Mention of non-DIGILENT products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation for specific purposes.
Limitation of Liability. DIGILENT WILL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENTS OF THIS SITE EVEN IF DIGILENT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Applicable Laws. DIGILENT administers this Site from its offices in Austin, Texas. DIGILENT makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptation thereof in violation of any applicable laws or regulations, including, without limitation, U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of laws.
General. DIGILENT may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Revised Oct 2, 2015.