Question about SOFTWARE LICENSE AGREEMENT of Open Layers(Data Translation)

[KSJ]

I don't know where to contact, so I asked here. I sent an inquiry to Measurement Computing. And then, I was told to post my question to "MCC Subforum".　Is contact information about this correct?

I am writing to ask for information about SOFTWARE LICENSE AGREEMENT of " Open Layers " provided by Data Translation Corporation from Japan.
I hear that Open Layers is Free License software.

Cound you please confirm the following and answer?
I'm looking forward to hearing from you.

Answer Due Date : 24th October 2022

==================================================================
【Our question to Data Translation Corporation】
Open Layers is used in software used in measuring equipment provided by a certain manufacturer.
When we install the software, the agreement of the attached word is displayed.
We need to agree to proceed with the install.
We confirmed the contents of attached file. I'd like to confirm the following four questions.

(Q1)
Clause 1. 
What is "performance test results"? Is this measurement result?

(Q2)
Clause 2.4
Am I correct in understanding that the number of installations is not particularly restricted? (high priority)

(Q3)
Clause 4. CONFIDENTIAL INFORMATION
I think the following flow.
We notify end of use to Data Translation => Data Translation ask us to erase data => We erase data and notify the content to Data Translation.
By this, Is it correct to understand that our confidentiality end?

(Q4)
Clause 8. TERM AND TERMINATION
If we no longer use and want to terminate, is it correct to understand that our confidentiality end by erasing and notify the content to Data Translation via agency(in case of via agency)?
==================================================================

SOFTWARE LICENSE AGREEMENT_DataTranslation.pdf

[DAQman]

Hello,

Legal mumbo-jumbo, we all agree to this stuff without a second thought, for the most part. The Data Translation OpenLayers support is free to use. What the license agreement is saying is, if you decide to make a commercial product for resale, we want to know about it. If this is your intent, I will need the information below and with it, our legal department will prepare the documents granting permission.

[Full Requester Name, and professional Title – full name and title of person making request ß NOTE: NI permission letters need to be directed to the “appropriate representative” bearing sufficient legal authority (e.g., manager; director; officer) with legally binding authority / responsibility for such acceptance] 

[Full Company Name] ß including corporate suffix]

[Full Physical Address] ß including country identifier

[Email Address] ß of “appropriate representative”

[DETAILED DESCRIPTION of NI CONTENT] (source examples: NI links; file names, etc.) ß specific references to cite in permission letter

[PURPOSE of using NI CONTENT] (use in electronic form and/or printed form?) ß elaborate with sufficient detail

[WEB ADDRESS / URL of content posting] (if applicable) ß actual location where NI content is to appear (specific location, not general)

[IF written form, Title of work being published]

I believe the ß symbol is a section mark that refers to a section of a document

 Best regards,
John - your not so legal legal adviser:-)

[KSJ]

Dear JRys san

Hello!

Thank you for your quick response. I'm sorry for confusing question.

I think this content is difficult for you to answer. 
First, I sent an inquiry to MCC Info Email <Info.Email@mccdaq.com>. Then, I got attached reply. So, I asked here. 
I’m not quite sure about inquiries of Data-Translation. 
From "https://www.mccdaq.com/Data-Translation", I found that ”Data Translation is now part of Measurement Computing Corp. ”
If there is proper inquiries about this, could you please tell me about the inquiries?

We don't sell product using Open Layer.  We use product using Open Layer we purchased.
When we need to install software within the company, if consent is displayed then, we need to confirm the content even if it's free software. Internal process is getting more severe. 
Open Layers is Free License software, but this attached consent is displayed.
I'm engineer, so I confirm with our legal department.  I was told to confirm the following content.
Especially, I'd like to confirm whether the number of installations is not particularly restricted or not because there's no mention of the number of installations in case of free software on the attached consent.

Let me confirm to make sure. Does NI stand for National Instruments?
What is the connection between Measurement Computing and National Instruments? 

Excuse me for asking but are you an employee of Data Translation?

[KSJ]

On 10/21/2022 at 10:51 PM, JRys said:

Hello,

Legal mumbo-jumbo, we all agree to this stuff without a second thought, for the most part. The Data Translation OpenLayers support is free to use. What the license agreement is saying is, if you decide to make a commercial product for resale, we want to know about it. If this is your intent, I will need the information below and with it, our legal department will prepare the documents granting permission.

[Full Requester Name, and professional Title – full name and title of person making request ß NOTE: NI permission letters need to be directed to the “appropriate representative” bearing sufficient legal authority (e.g., manager; director; officer) with legally binding authority / responsibility for such acceptance] 

[Full Company Name] ß including corporate suffix]

[Full Physical Address] ß including country identifier

[Email Address] ß of “appropriate representative”

[DETAILED DESCRIPTION of NI CONTENT] (source examples: NI links; file names, etc.) ß specific references to cite in permission letter

[PURPOSE of using NI CONTENT] (use in electronic form and/or printed form?) ß elaborate with sufficient detail

[WEB ADDRESS / URL of content posting] (if applicable) ß actual location where NI content is to appear (specific location, not general)

[IF written form, Title of work being published]

I believe the ß symbol is a section mark that refers to a section of a document

 Best regards,
John - your not so legal legal adviser:-)

Dear JRys san

Sorry, I wrote it in the answer by mistake. Could you please confirm the above content?

[DAQman]

Hello,

Data Translation became part of Measurement Computing six years ago and Measurement Computing is part of National Instruments (NI.com). 

OpenLayers is free to use and you are granted permission to use it within your company. This also applies to the QuickDAQ software and the DASYLab an LabVIEW support.

I hope this helps... 

Best regards.

John

[KSJ]

On 10/24/2022 at 9:12 PM, JRys said:

Hello,

Data Translation became part of Measurement Computing six years ago and Measurement Computing is part of National Instruments (NI.com). 

OpenLayers is free to use and you are granted permission to use it within your company. This also applies to the QuickDAQ software and the DASYLab an LabVIEW support.

I hope this helps... 

Best regards.

John

John san

Thank you for your response.

>Measurement Computing is part of National Instruments.

Sorry, I didn't know that. 

I understood.  Thank you for your support.