WEBSITE TERMS OF USE (AWR DOMAINS)

1. BINDING EFFECT. This is a binding agreement. By using the Internet sites located at awrcorp.com, awr.tv, or our downloads site at https://awrcorp.com/download (the "Site") or any services provided in connection with the Site (the "Services"), you agree to abide by these Terms of Use, as they may be amended by NI ("AWR") from time to time in its sole discretion. AWR will post a notice on the Site any time these Terms of Use have been updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Services and the Site. YOU AGREE THAT BY USING THE SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. ACKNOWLEDGEMENT. BY USING THE SERVICES OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

3. PRIVACY POLICY. AWR respects your privacy and permits you to control the use of your personal information. A complete statement of AWR's current privacy policy can be found by clicking here. AWR's privacy policy is expressly incorporated into this Agreement by this reference.

When you are required to open an account to use or access the Site or Services, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use another person's account, username, or password at any time. You agree to immediately notify AWR of any unauthorized use of your account, user name, or password. AWR shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by AWR, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.

4. USE OF SOFTWARE. AWR may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, "Software") are deemed to be licensed to you by AWR, for your personal, noncommercial use only. AWR does not transfer either the title or the intellectual property rights to the Software, and AWR retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.

5. USER CONTENT. You grant AWR a license to use the materials you post to the Site or Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") to the Site or Services, you are granting AWR, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of AWR, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. By posting User Content on the Site or Services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

6. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable local, state, national, or foreign law or regulation; (c) falsifies or deletes 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; or (d) advertises or otherwise solicits funds or is a solicitation for goods or services. AWR reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Services, and, if applicable, to delete any such material from its servers. AWR intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

7. PROHIBITED USES. AWR imposes certain restrictions on your permissible use of the Site and the Services. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Services, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Services to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) harvesting or otherwise collecting information about others, including email addresses; (f) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Services; or (g) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by AWR in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.

8. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Services, you agree to obey all applicable federal, state, and local laws, and to respect the intellectual property rights of others. Your use of the Services and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

9. COPYRIGHT INFRINGEMENT. AWR has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Services. AWR has adopted a policy that provides for the immediate suspension and/or termination of any Site or Services user who is found to have infringed on the rights of AWR or of a third party, or otherwise violated any intellectual property laws or regulations. AWR's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want AWR to delete, edit, or disable the material in question, you must provide AWR with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AWR to locate the material; (d) information reasonably sufficient to permit AWR to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to AWR's designated agent at:

Copyright Agent
c/o Legal Department
National Instruments
11500 N. Mopac Expressway
Austin, Texas 78759-3504
Fax: (512) 683-6913
copyrightagent@ni.com

Questions regarding the AWR Copyright Infringement Policy may be directed to the NI Copyright Agent by email to copyrightagent@ni.com or by phone to (512) 683-3534.

10. ALLEGED VIOLATIONS. AWR reserves the right to terminate your use of the Services and/or the Site. To ensure that AWR provides a high quality experience for you and for other users of the Site and the Services, you agree that AWR or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Services. AWR does not intend to disclose the existence or occurrence of such an investigation unless required by law, but AWR reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if AWR believes that you have violated any of the Terms of Use, furnished AWR with false or misleading information, or interfered with use of the Site or the Services by others.

11. NO WARRANTIES. THE CONTENTS OF THIS SITE ARE PROVIDED "AS IS." AWR DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. AWR DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION. 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 AWR are provided in separate documents. Mention of non-AWR products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

12. LIMITED LIABILITY. AWR 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 AWR 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.

13. AFFILIATED SITES. AWR has no control over, and no liability for any third party websites or materials. AWR works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither AWR nor the Site has control over the content and performance of these partner and affiliate sites, AWR makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and AWR assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that AWR makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk. Unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

14. INDEMNITY. You agree to indemnify, defend, and hold harmless AWR, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. AWR will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

15. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County, California, United States of America in all disputes arising out of or related to the use of the Site or Services. AWR administers this Site from its offices in the State of California. AWR 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 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 at your own initiative and are responsible for compliance with applicable local laws.

16. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

17. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by AWR or by any third party.

18. MODIFICATIONS. AWR may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Services; and (c) discontinue the Site and/or Services at any time. AWR shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

Last update on September 2014.