NI LabVIEW MathScript Online Evaluation Beta

National Instruments LabVIEW MathScript adds math-oriented, textual programming to NI LabVIEW. You can use the
MathScript Online Evaluation to test your scripts in MathScript before you purchase the LabVIEW development system for work or school.
Free online utility generally compatible with widely used m-file script syntax
Easy-to-use interactive script prototyping environment
Streamlined algorithm development for Math, Signal Processing, and Control Design
Download fully featured LabVIEW and MathScript for a complete interactive experience
Click Accept to agree to the LabVIEW MathScript Online Evaluation Beta License Agreement below.
LabVIEW MathScript Online Evaluation Beta License Agreement
NOTICE:  PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE CLICKING ON THE “ACCEPT” BUTTON ABOVE. BY CLICKING THIS BUTTON, YOU CONSENT TO THE TERMS OF THIS AGREEMENT, AND YOU AGREE TO BE BOUND BY THIS AGREEMENT.

1. Definitions. As used in this Agreement, the following terms have the following meanings:
A. "Customer" means you, the individual requesting access to and use of the Program, as well as your employer if you are participating in the Program within the scope of your employment.
B. "NI" means National Instruments Corporation, a Delaware corporation. 
C. "Parties" means both NI and Customer.
D. "Program" means the  NI LabVIEW Mathscript Online Evaluation Beta program that is being provided on a trial basis to Customer. 
2. Terms of Participation; Obligations and Restrictions. Customer hereby agrees to participate in the Program solely for its internal use and in accordance with the other terms and conditions provided herein. This Agreement shall automatically terminate without further notice upon completion of the session by Customer. Customer shall be required to enter into and accept this Agreement each time it desires to access the Program. NI reserves the right to terminate, at its sole discretion, the Program or Customer’s participation in the Program at any time, without cause and without prior notification to Customer, including without limitation during a session in which Customer has established access to the Program. The benefit of this Agreement is intended only for Customer, and as a result, Customer's rights under this Agreement are not transferable and not assignable (in whole or in part) to another party without the prior written consent of NI (which consent may be given or withheld in NI’s sole discretion). During the term of this Agreement, Customer agrees to use reasonable efforts to provide feedback to NI regarding the use of the Program, including promptly reporting to NI errors or other complications that Customer might experience in using the Program.
Additionally, the use of the Program and related software is intended only for use with content owned by Customer, public domain content or properly licensed content. You may require a patent, copyright, or other license from a third party to create, copy, download, record or save content files for use with this Program or related software or to serve or distribute such files to be used with the Program or related software. You agree that you shall only use the Program, related software, and documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Program or such software or documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. You may not use the Program or related software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction. 
3. High Risk Applications; System Failures. 
(A) NI RECOMMENDS THAT THE PROGRAM AND RELATED SOFTWARE NOT BE USED IN CONJUNCTION WITH ANY APPLICATIONS OR SYSTEMS THAT ARE CRITICAL, HIGH RISK, OR REQUIRE STABLE OPERATION AND COULD RESULT IN SIGNIFICANT RISK OF LOSS OR ACTUAL LOSS AS A RESULT OF APPLICATION FAILURE OR SHUTDOWN OR OTHER ERRORS OR COMPLICATIONS ARISING FROM TECHNICAL OR HUMAN ERROR (COLLECTIVELY, "HIGH RISK APPLICATIONS"), INCLUDING WITHOUT LIMITATION NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, SURGICAL IMPLANTS, LIFE SUPPORT SYSTEMS, OR WEAPON SYSTEMS IN WHICH THE FAILURE OF (OR INABILITY TO ACCESS) THE PROGRAM OR SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. 
(B) CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROGRAM AND RELATED SOFTWARE ARE NOT SUITABLE FOR, AND CUSTOMER HEREBY AGREES THAT IT SHALL NOT REQUEST OR ACCEPT SUPPORT FOR, ANY HIGH RISK APPLICATIONS. ACCORDINGLY, WITHOUT IN ANY WAY LIMITING THE DISCLAIMERS INCLUDED IN SECTION 6 HEREINBELOW, NI AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS OF THE PROGRAM FOR ANY HIGH RISK APPLICATIONS. 
(C) IN ANY APPLICATION, INCLUDING THE ABOVE, RELIABILITY OF OPERATION OF THE PROGRAM AND RELATED SOFTWARE CAN BE IMPAIRED BY ADVERSE FACTORS, INCLUDING BUT NOT LIMITED TO FLUCTUATIONS IN ELECTRICAL POWER SUPPLY, COMPUTER HARDWARE MALFUNCTIONS, COMPUTER OPERATING SYSTEM SOFTWARE FITNESS, FITNESS OF COMPILERS AND DEVELOPMENT SOFTWARE USED TO DEVELOP AN APPLICATION, FITNESS OF NETWORK SYSTEMS, NETWORK SOFTWARE, NETWORK CONNECTIONS, FITNESS OF WEB BROWSER, OR RELATED SOFTWARE, INSTALLATION ERRORS, SOFTWARE AND HARDWARE COMPATIBILITY PROBLEMS, INFECTION BY COMPUTER VIRUS, BUGS, TAMPERING, MALFUNCTIONS OR FAILURES OF ELECTRONIC SYSTEMS (HARDWARE AND/OR SOFTWARE), ERRORS ON THE PART OF THE ELECTRONIC MONITORING OR CONTROL DEVICES, TRANSIENT FAILURES OF USER OR APPLICATIONS DESIGNER, OR TECHNICAL FAILURES OF ANY KIND (ADVERSE FACTORS SUCH AS THESE ARE HEREAFTER COLLECTIVELY TERMED "SYSTEM FAILURES"). ANY APPLICATION WHERE A SYSTEM FAILURE WOULD CREATE A RISK OF HARM TO PROPERTY OR PERSONS SHOULD NOT BE RELIANT SOLELY UPON ONE FORM OF ELECTRONIC SYSTEM DUE TO THE RISK OF SYSTEM FAILURE. TO AVOID DAMAGE, INJURY, OR DEATH, CUSTOMER MUST TAKE REASONABLY PRUDENT STEPS TO PROTECT AGAINST SYSTEM FAILURES, INCLUDING BUT NOT LIMITED TO BACK-UP OR SHUT DOWN MECHANISMS. 
4. Confidential Information. Customer agrees not to, in the course of utilizing the Program, disclose to NI or cause NI to use any information or material that is confidential to Customer or any third party. Any information or material transmitted to or otherwise received by NI in connection with the Program shall be considered non-confidential.  
5. No Transfer of Intellectual Property Rights. This Agreement permits Customer to participate in the Program.  Notwithstanding anything in this Agreement to the contrary, however, in no event shall this Agreement or any of its terms be construed to grant Customer any ownership right in, or license to, the software tool(s) or any other materials (including all intellectual property rights therein) used in connection with the Program.
6. No Warranties. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PROGRAM IS FOR EVALUATION PURPOSES ONLY. AS SUCH, THE SOFTWARE USED IN CONNECTION WITH THE PROGRAM MAY NOT BE FULLY FUNCTIONAL OR ERROR FREE, AND CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PROGRAM AND ALL SUCH SOFTWARE. THE PROGRAM AND RELATED SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND NO WARRANTIES, EITHER EXPRESSED OR IMPLIED ARE MADE WITH RESPECT TO THE PROGRAM OR RELATED SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY OTHER WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. NI DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE PROGRAM OR RELATED SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF THE PROGRAM OR RELATED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. NI EXPRESSLY DISCLAIMS ANY WARRANTIES NOT STATED HEREIN.
7. Limitation On Liability. To the maximum extent permitted by applicable law, in no event shall NI or its licensors, distributors, or suppliers (including its or their directors, officers, employees, and agents) be liable for any damages, including, but not limited to, any special, direct, indirect, incidental, exemplary, or consequential damages, expenses, lost profits, lost savings, business interruption, lost business information, or any other damages, which arise out of Customer's use of or participation in the Program and/or related software, in each case, even if NI or its licensors, distributors, or suppliers has been advised of the possibility of such damages. Customer expressly acknowledges that the applicable fees and prices reflect this allocation of risk. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. If the foregoing limitation of liability is not enforceable because the Program or related software is determined by a court of competent jurisdiction in a final, non-appealable judgment to be defective and to have directly caused bodily injury, death, or property damage, in no event shall NI's total liability for property damage exceed the $5,000 
8. Indemnification. Customer hereby agrees to indemnify, defend and hold NI and its affiliates, officers, directors, owners, information providers, agents, attorneys, licensees, and licensors (collectively, the "Indemnified Parties") harmless from and against any and all liabilities, claims, costs, including reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any demand, claim, action, suit, or loss arising as a result of any breach by Customer of this Agreement or claims arising from Customer's participation in the Program or use of related software. Customer agrees to use its best efforts to cooperate with NI in the defense of any demand, claim, action or suit. NI reserves the right to assume the exclusive defense of any matter subject to indemnification by Customer at NI's own expense.
9. Privacy.  Customer’s right to privacy is a priority to NI. NI uses Customer’s personal data of Customer, for example, in connection with the operation and management of the Program and research and development of its existing hardware and software products and hardware and software in various stages of research and development.   Please review NI’s Privacy Statement (http://www.ni.com/legal/privacy/unitedstates/us/) to learn more about how NI uses and protects your personal data.
10. Entire Agreement. This Agreement constitutes the entire agreement between the Parties regarding the subject matter stated herein, and supersedes all previous communications, representations, understandings, and agreements, either oral or written. This Agreement does not affect the rights or performance under any other agreements between Customer and NI relating to NI products. This Agreement may be amended only by a writing executed by both Parties. 
11. Authority. By executing this Agreement by clicking the “ACCEPT” button above, Customer (both on his/her own individual behalf and on behalf of his/her employer, if access to and use of the Program have been requested within the scope of his/her employment) hereby (a) represents and warrants that he/she is authorized to enter into this Agreement for and bind Customer and (b) agrees on the behalf of Customer to be bound by all of the terms and conditions contained herein, including without limitation Sections 3, 4, 5, 6, 7, and 8 above.
12. Severability. If any provision of this Agreement, or the application thereof, shall for any reason and to any extent be determined by a court of competent jurisdiction to be invalid or unenforceable under applicable law, the remaining provisions of this Agreement shall be interpreted so as best to reasonably affect the intent of the Parties. The Parties further agree to replace any such invalid or unenforceable provisions with valid and enforceable provisions designed to achieve, to the extent possible, the business purposes and intent of such invalid and unenforceable provisions.
13. Survival. Customer and NI agree that the provisions of Sections 3, 5, 6, 7 and 8 shall survive termination or expiration of this agreement.
14. General. THIS AGREEMENT SHALL FOR ALL PURPOSES BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.  CUSTOMER HEREBY (A) AGREES THAT ANY ACTION ARISING OUT OF THIS AGREEMENT SHALL BE LITIGATED UNDER THE LAWS OF THE STATE OF TEXAS AND (B) SUBMITS TO THE JURISDICTION OF THE COURTS OF THE STATE OF TEXAS, AND THAT SERVICE OF PROCESS BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, SHALL BE SUFFICIENT TO CONFER IN PERSONAM JURISDICTION OVER LICENSEE.
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By clicking (or otherwise accessing) the “ACCEPT” button above, I hereby agree (both on my own individual behalf and on behalf of my employer, if I am participating in the Program within the scope of my employment) to the foregoing Agreement with NI. 
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