IMPORTANT INFORMATION ON TERMS AND CONDITIONS AND LEGAL RESTRICTIONS

NOTICE: PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU EXPRESSLY ACCEPT THESE TERMS AND CONDITIONS ("TERMS").

Use of Site.National Instruments ("NI") authorizes you to view and download the materials at this K12Lab website ("Site") only for your personal and classroom use in a non-commercial manner in accordance with the Terms set forth herein, including without limitation the following restrictions: (a) you must retain all copyright and other proprietary notices contained in the original materials on any copies of the materials; and (b) with the exception of curriculum portals and other teacher resource-related websites, you may not use any of these materials on any other website or networked computer environment without the express written consent of NI, where such consent will not be reasonably refused. 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.  In such instance, upon NI’s request, you must immediately destroy any downloaded or printed materials. Any rights not expressly granted herein are reserved to NI. NI respects the intellectual property of others, and we ask our users to do the same.

User Contributions.  “Communications” means, individually and collectively, data, software, code, photographs, images, video, sound, text and other materials and content, and information contained therein.  The term “Communications” includes, without limitation, lesson plans and related materials, and any and all school and institution names, trade names, trademarks, service marks, logos, and other commercial symbols identifying or referring to you, your school or others or any of their respective goods and services, and the names, likenesses, photographs and screenshots (and modifications and alterations thereof), depictions, and affiliations of their respective employees, personnel and others identified or depicted, which appear in the lesson plans and/or related materials. NI has no obligations with respect to the Communications transmitted or provided to this Site or the K12Lab team by you or others. You irrevocably authorize and permit NI (including each of NI’s affiliates), and NI’s assigns, successors, licensees and contractors, to use, copy, display, reproduce, publicly disclose, publish, modify, translate, create derivative works of, and distribute, worldwide and perpetually, either separately or as part of a collective work, for any purposes, in any and all media, now known or hereafter developed, and to grant permissions, authorizations and licenses to others to do so, all without obligation to pay royalties or other amounts to you or others, Communications transmitted or provided by you to this Site or the K12Lab team. This permission and authorization from you includes, without limitation, permission and authorization for NI to make your submitted lesson plans and related materials available to teachers and others for teaching, classroom and related uses and copying.  NI reserves the right, in its sole discretion on a case by case basis, to remove, reject, or otherwise modify any Communications or any portion(s) thereof. NI may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications and the content of any such Communications. NI 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. NI DISCLAIMS ANY AND ALL LIABILITIES FOR AND MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY COMMUNICATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

For information regarding NI'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.
  • Knowingly 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, submitting or providing, directly or indirectly, any 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 your transmitting, submitting and providing of the Communications, nor NI’s exercise of the permissions and authorizations in these Terms with respect to the Communications, violates any applicable law, rule or regulation; or any agreement, obligation or policy to or by which you are bound (including without limitation any policy of any school or other academic institution with which you are employed or otherwise associated). 

With respect to such Communications, you additionally warrant that:  (a) neither the Communications nor any part(s) of the Communications will (b) infringe any copyright or other intellectual property rights or violate any proprietary rights or rights of publicity or privacy; (c) contain any scandalous, libelous, or unlawful matter; (d) contain any formula, process, instruction, or other material that is injurious to a person or property; or (e) depict any person under the age of 18 years without prior express written consent from such person’s parent or legal guardian.  NI reserves the right to audit the existence of such consent forms at any time without prior notice to you.   In the event that a consent form is not on file for any such person under the age of 18 years, your authorization to use this Site automatically terminates and NI  will require that all content depicting the individual in question be immediately removed from the Site.

You agree not to transmit, submit or provide, directly or indirectly, any Communications which violate any of these warranties, to the K12Lab website, for use or display on the K12Lab website, or for linking to from the K12Lab website.

Use Limitation.  Except as expressly provided below with respect to lesson plan materials, you agree not to use or copy any of the copyrightable materials appearing on the Site without NI's prior written consent, which consent will not be reasonably withheld by NI. You may use lesson plan materials made available by NI at the Site for only the following purpose:  your teaching of classes in any of grades K-12 at the school at which you are a teacher. In no event may you use any such lesson plan materials in any manner that in NI's opinion defames, tarnishes, or otherwise injures the reputation of NI or others. NI reserves the right to impose further necessary limitations or restrictions on a case by case basis and you hereby agree to abide by such limitations and restrictions before using such lesson plan materials.  

Software Downloads.   You may be allowed to download trial versions of LabVIEW for Education and LabVIEW for LEGO MINDSTORMS (collectively, "the Software") through links, specifically described as "Guestbooks," available on the NI.com Site.  By doing so, you expressly consent to NI passing business leads to Third Party Providers, as defined in these "Terms & Conditions," including, but not limited to K12Lab partners.   The Disclaimer, Limitation of Liability, and all other provisions defined and described in these "Terms & Conditions" apply to the Software that you may download.  If you do not wish NI to make the lead distributions described in this paragraph, do not download the Software.

Links To Other Websites. Links to third party websites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. NI does not control and is not responsible for any of these sites or their content. Thus, NI 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.

Disclaimer.THE CONTENTS OF THIS SITE ARE PROVIDED "AS IS." NI 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 NI are provided in separate documents. Mention of non-NI products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation by NI.

Third Party Providers.

Certain portions of the Site may feature information regarding the products or services of third party providers. Third party providers may include, without limitation, K12Lab partners. 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. NI believes that the respective third party providers offer the types of products described and the support services indicated, but NI 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 Websites" provided above.

K12Lab partners and third party providers are business entities independent from NI and have no agency, partnership, or joint-venture relationship with NI. Neither the K12Lab partners nor any other third-party providers themselves, nor any of the software programs, documentation, materials, goods or services posted, provided or offered by any of them, are affiliated with, or endorsed, sponsored or approved by NI. NI has not fully tested or evaluated third party provider products, and NI does not warrant or assume any responsibility for, and shall have no responsibility or liability associated with, the testing, sale, purchase, use, or support of third party provider products or services or any other materials associated therewith. Any concerns, support requests, or questions you have regarding the products or services of third party providers or related content should be addressed directly with the applicable third party provider. NI DISCLAIMS ANY AND ALL LIABILITIES FOR AND MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THIRD-PARTY PRODUCTS OR SERVICES PROVIDED BY THIRD-PARTY PROVIDERS, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

Some states do not allow limitations on implied warranties, so these limitations may not apply to you. You may have other rights that vary from state to state.

Limitation of Liability.NI WILL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENTS OF THIS SITE EVEN IF NI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Applicable state or local law may not allow the exclusion or limitation of incidental or consequential damages, so that exclusion or limitation may not apply to you.

Applicable Laws.NI administers this Site from its offices in Austin, Texas. NI 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, export or re-export the materials at this Site or any copy or adaptation of such materials 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.NI may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the current Terms because they are binding on you regardless of whether you have reviewed any modifications to these Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Linking.NI gives you a nonexclusive, nontransferable permission, revocable by NI in its sole discretion at any time, to display the word mark "K12Lab," in font and color that is nondistinctive from the font and color used to represent other html links to third party websites on your website, only to represent an html link to the K12Lab website home page (www.K12Lab.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 or illegal, is permitted.

No linking from any websites that disparage NI or any of its products or services is permitted.

INDEMNIFICATION.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS NATIONAL INSTRUMENTS 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 NATIONAL INSTRUMENTS 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 AND CONDITIONS; YOUR WEBSITE OR WEB PAGE ON WHICH A LINK TO THE SITE APPEARS OR WITH WHICH THE LINK IS ASSOCIATED, INCLUDING WITHOUT LIMITATION ANY STATEMENTS OR CLAIMS MADE ON SUCH WEBSITE OR WEB PAGE; ANY PRODUCTS OR SERVICES SOLD OR MARKETED ON SUCH WEBSITE OR WEB PAGE; OR THE VIOLATION OR FALSITY OF ANY WARRANTY WITH RESPECT TO ANY COMMUNICATIONS TRANSMITTED, SUBMITTED OR PROVIDED DIRECTLY OR INDIRECTLY BY YOU.

Notice of Copyright Infringement Claims

National Instruments ("NI") is concerned about protecting the copyright and other intellectual property rights of others. We urge you to adhere to all applicable copyright laws.  In the event that NI believes you have violated any applicable copyright laws, we may disable or terminate any user account and remove or modify any content on our website in our discretion.

You may notify NI in writing by providing the following information to our designated agent, as required by 17 U.S.C. § 512, if you believe you have a copyright infringement claim resulting from material posted on this Site:

  1. A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work, or a representative listing of the copyrighted works, claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to allow the service provider to locate the material (preferably a copy of the relevant URL);
  4. Information reasonably sufficient to allow us to contact you, including your address, telephone number, and if available, your electronic mail address;
  5. A statement that you have a good-faith belief that the use of the material as described is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in your notification is accurate, and under the penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Please provide your written notification to our designated agent who may be contacted as follows:

Copyright Agent—K12Lab
c/o Legal Department
National Instruments
11500 N. Mopac Expressway
Austin, Texas 78759-3504
Fax: (512) 683-6913
copyrightagent@ni.com

Questions regarding the NI Copyright Infringement Policy may be directed to the NI Copyright Agent by email to copyrightagent@ni.com.

For information on NI Trademarks click here.

Revised October 2011

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Link to be Included

http://k12lab.com/terms