Totally agree. I don't think NI would go after the end user of the third party product, but just the potential liability I think will be enough to hold up adoption. Like you said very well, we wouldn't expose our companies/clients to a potential dangerous loophole. I am sure many others will follow this way of thinking also. Moreover, I do think NI would go after the vendor if their product starts making a wave; so there is the obvious risk of interruption of support in case the Company goes away. I was considering this HW, but always had in the back of my mind a funny feeling it was in violation of some IP/EULA somewhere. I am glad the specific EULA clauses were brought to light in this forum (I hate reading EULAs ).
The unfortunate thing is that this company could have elected to take the EULA free route to deploy LV to a cheaper FPGA target and have a much higher chance of success. Though that is a much (MUCH!) longer R&D road than the one they took; as my company felt first hand when we developed the Raspberry Pi Compiler product.