Question on "Use of Site" limitations

[Sconnor]

I am questioning the “non-commercial use” statement on your download site. It isn’t as if all users of your products are hobbyists, so how can any company legally use your products with this restriction?

<https://mcc.download.ni.com/#downloads/iotech_software/PersonalDaq50_Series/>

"Use of Site. National Instruments ("NI") authorizes you to view and download the materials at this Web/FTP site ("Site") only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any 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.“

We have several DAQ50 series units and am looking to update the DAQview software, but our IT department has flagged this usage restriction and is preventing the software update.

What other options do we have?

[JRys]

Hello,

I've reach out to our legal department for clarity on the Use of Site paragraph you've flagged. I'm thinking it was copied from our parent company website and either shouldn't be there or doesn't apply to programs like Personal DaqView. I'll update this post when I get more feedback.

Best regards,

John

[JRys]

Hello,

Here's the gist.

The paragraph in question has to do with customers that create products for resale. If your company has purchased one or more of our devices and are using the software in house, the paragraph doesn't apply to you. On the other hand, if you've created a product for resale and intend bundle our software with it then reach out to us for permission. 

Best regards,

John