Waveforms SDK: Request for clarification of the Digilent Software Agreement

[Stephen Creswell]

I have been asked, by a colleague, to seek clarification of a point in your Software License Agreement they consider to be ambiguous.

Digilent Software Agreement

It is our intention, having purchased an initial number (5) of your Digital Discovery devices, to extend the data capture capabilities of an in-house Automated Test application to use this hardware.

At present:

• Our application can perform function X without one of your devices attached.

In the future, having incorporated your Waveforms SDK into our application:

• Our application would still be able to perform function X without one of your devices attached.
• Our application would now be able to perform functions X and Y with one of your devices attached.

The perceived ambiguity is in use of the word ONLY in Section 8 of the DSA (link above). It can be interpretted as preventing us from extending and deploying our application such that it can operate with and without a Digilent Discovery device attached.

Would you confirm that both of our future use-cases are permitted.

Edited August 30, 2022 by Stephen Creswell
Grammar

[attila]

Hi @Stephen Creswell

The restrictions in the agreement are only to prohibit the use of free Digilent software with cloned hardware.
There is no restriction for your application to be used without Digilent product or other products, only the Digilent provided software (application, libraries...) should be used together with Digilent hardware.

[Stephen Creswell]

Attila,

Many thanks for your response. However, my original question had ommitted some important detail.

Quote

It is our intention, having purchased an initial number (5) of your Digital Discovery devices, to extend the data capture capabilities of an in-house developed Automated Test application to use this hardware. Importantly, this application is deployed both internally and externally to our commercial partners.

May I ask you to reconsider my revised question and indicate if your original response still stands.

[attila]

Hi @Stephen Creswell

I've forwarded your question to the legal team. Hope to have a reply soon.

Regarding the technical side, see the following post:

 

[attila]

Hi @Stephen Creswell

Your use case is acceptable and will not violate the license agreement.
Here is the newer  eula license.txt that is/will be included in newer sw releases.

PS: In the new license agreement 'The Software' specifically means Digilent's software component (Adept, WaveForms, etc) not the customer program.

Edited August 31, 2022 by attila

[Stephen Creswell]

Attila,

Thank you again for the update. The new eula is what we needed.

Regards,

Stephen