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End User License Agreement
--------------------------
Preface
-------
The following contains specific license terms and conditions
for four separate NVIDIA products. By accepting this
agreement, you agree to comply with all the terms and
conditions applicable to the specific product(s) included
herein.
NVIDIA CUDA Toolkit
Description
The NVIDIA CUDA Toolkit provides command-line and graphical
tools for building, debugging and optimizing the performance
of applications accelerated by NVIDIA GPUs, runtime and math
libraries, and documentation including programming guides,
user manuals, and API references. The NVIDIA CUDA Toolkit
License Agreement is available in Chapter 1.
Default Install Location of CUDA Toolkit
Windows platform:
%ProgramFiles%\NVIDIA GPU Computing Toolkit\CUDA\v#.#
Linux platform:
/usr/local/cuda-#.#
Mac platform:
/Developer/NVIDIA/CUDA-#.#
NVIDIA CUDA Samples
Description
This package includes over 100+ CUDA examples that demonstrate
various CUDA programming principles, and efficient CUDA
implementation of algorithms in specific application domains.
The NVIDIA CUDA Samples License Agreement is available in
Chapter 2.
Default Install Location of CUDA Samples
Windows platform:
%ProgramData%\NVIDIA Corporation\CUDA Samples\v#.#
Linux platform:
/usr/local/cuda-#.#/samples
and
$HOME/NVIDIA_CUDA-#.#_Samples
Mac platform:
/Developer/NVIDIA/CUDA-#.#/samples
NVIDIA Driver
Description
This package contains the operating system driver and
fundamental system software components for NVIDIA GPUs. The
NVIDIA Driver License for the Windows platform is available in
Chapter 3, and the NVIDIA Driver License for the Linux and Mac
OSX platforms is available in Chapter 4.
NVIDIA Nsight Visual Studio Edition (Windows only)
Description
NVIDIA Nsight Development Platform, Visual Studio Edition is a
development environment integrated into Microsoft Visual
Studio that provides tools for debugging, profiling, analyzing
and optimizing your GPU computing and graphics applications.
The NVIDIA Nsight Visual Studio Edition License Agreement is
available in Chapter 5.
Default Install Location of Nsight Visual Studio Edition
Windows platform:
%ProgramFiles%\NVIDIA Corporation\Nsight Visual Studio Edition #.#
NVIDIA CUDA General Terms
Description
General terms that apply to all of the software components are
available in Chapter 6.
1. NVIDIA CUDA Toolkit License Agreement
----------------------------------------
Important Notice
----------------
READ CAREFULLY: This Software License Agreement ("Agreement")
for NVIDIA CUDA Toolkit, including computer software and
associated documentation ("Software"), is the Agreement which
governs use of the SOFTWARE of NVIDIA Corporation and its
subsidiaries ("NVIDIA") downloadable herefrom. By downloading,
installing, copying, or otherwise using the SOFTWARE, You (as
defined below) agree to be bound by the terms of this
Agreement. If You do not agree to the terms of this Agreement,
do not download the SOFTWARE.
Recitals
--------
Use of NVIDIA's SOFTWARE requires three elements: the
SOFTWARE, an NVIDIA GPU or application processor ("NVIDIA
Hardware"), and a computer system. The SOFTWARE is protected
by copyright laws and international copyright treaties, as
well as other intellectual property laws and treaties. The
SOFTWARE is not sold, and instead is only licensed for Your
use, strictly in accordance with this Agreement. The NVIDIA
Hardware is protected by various patents, and is sold, but
this Agreement does not cover the sale or use of such
hardware, since it may not necessarily be sold as a package
with the SOFTWARE. This Agreement sets forth the terms and
conditions of the SOFTWARE only.
1.1. Definitions
1.1.1. Licensee
"You", or "Your" shall mean the entity or individual that
downloads and uses the SOFTWARE.
1.1.2. Redistributable Software
"Redistributable Software" shall mean the redistributable
libraries referenced in Attachment A of this Agreement.
1.1.3. Software
"SOFTWARE" shall mean the deliverables provided pursuant to
this Agreement. SOFTWARE may be provided in either source or
binary form, at NVIDIA's discretion.
1.2. Grant of License
1.2.1. Rights and Limitations of Grant
Provided that Licensee complies with the terms of this
Agreement, NVIDIA hereby grants Licensee the following
limited, non-exclusive, non-transferable, non-sublicensable
(except as expressly permitted otherwise for Redistributable
Software in Section 1.2.1.1 and Section 1.2.1.3 of this
Agreement) right to use the SOFTWARE -- and, if the SOFTWARE
is provided in source form, to compile the SOFTWARE -- with
the following limitations:
1.2.1.1. Redistribution Rights
Licensee may transfer, redistribute, and sublicense certain
files of the Redistributable SOFTWARE, as defined in
Attachment A of this Agreement, provided, however, that (a)
the Redistributable SOFTWARE shall be distributed solely in
binary form to Licensee's licensees ("Customers") only as a
component of Licensee's own software products (each, a
"Licensee Application"); (b) Licensee shall design the
Licensee Application such that the Redistributable SOFTWARE
files are installed only in a private (non-shared) directory
location that is used only by the Licensee Application; (c)
Licensee shall obtain each Customer's written or clickwrap
agreement to the license terms under a written, legally
enforceable agreement that has the effect of protecting the
SOFTWARE and the rights of NVIDIA under terms no less
restrictive than this Agreement.
1.2.1.2. Usage Rights
Licensee may install and use multiple copies of the SOFTWARE
on a shared computer or concurrently on different computers,
and make multiple back-up copies of the SOFTWARE, solely for
Licensee's use within Licensee's Enterprise. "Enterprise"
shall mean individual use by Licensee or any legal entity
(such as a corporation or university) and the subsidiaries it
owns by more than 50 percent.
1.2.1.3. Further Redistribution Rights
Subject to the terms and conditions of the Agreement, Licensee
may authorize Customers to further redistribute the
Redistributable SOFTWARE that such Customers receive as part
of the Licensee Application, solely in binary form, provided,
however, that Licensee shall require in their standard
software license agreements with Customers that all such
redistributions must be made pursuant to a license agreement
that has the effect of protecting the SOFTWARE and the rights
of NVIDIA whose terms and conditions are at least as
restrictive as those in the applicable Licensee software
license agreement covering the Licensee Application. For
avoidance of doubt, termination of this Agreement shall not
affect rights previously granted by Licensee to its Customers
under this Agreement to the extent validly granted to
Customers under Section 1.2.1.1.
1.2.1.4. Linux/FreeBSD Exception
Notwithstanding the foregoing terms of Section 1.2.1.2,
Section 1.2.1.1 and Section 1.2.1.3, SOFTWARE designed
exclusively for use on the Linux or FreeBSD operating systems,
or other operating systems derived from the source code to
these operating systems, may be copied and redistributed,
provided that the binary files thereof are not modified in any
way (except for unzipping of compressed files).
1.2.1.5. Additional Licensing Obligations
Licensee acknowledges and agrees that its use of certain third
party components included with the SOFTWARE may be subject to
additional licensing terms and conditions as set forth or
referenced in Attachment B of this Agreement.
1.2.1.6. Limitations
No Reverse Engineering
If the SOFTWARE is provided in binary form, Licensee may not
reverse engineer, decompile, or disassemble the SOFTWARE, nor
attempt in any other manner to obtain the source code.
No Separation of Components
The SOFTWARE is licensed as a single product. Except as
authorized in this Agreement, Software component parts of the
Software may not be separated for use on more than one
computer, nor otherwise used separately from the other parts.
No Rental
Licensee may not rent or lease the SOFTWARE to someone else.
No Modifications
If the SOFTWARE is provided in source form, Licensee may not
modify or create derivative works of the SOFTWARE.
1.3. Term and Termination
This Agreement will continue in effect for two (2) years
("Initial Term") after Your initial download and use of the
SOFTWARE, subject to the exclusive right of NVIDIA to
terminate as provided herein. The term of this Agreement will
automatically renew for successive one (1) year renewal terms
after the Initial Term, unless either party provides to the
other party at least three (3) months prior written notice of
termination before the end of the applicable renewal term.
This Agreement will automatically terminate if Licensee fails
to comply with any of the terms and conditions hereof. In such
event, Licensee must destroy all copies of the SOFTWARE and
all of its component parts.
Defensive Suspension
If Licensee commences or participates in any legal proceeding
against NVIDIA, then NVIDIA may, in its sole discretion,
suspend or terminate all license grants and any other rights
provided under this Agreement during the pendency of such
legal proceedings.
1.4. Copyright
All rights, title, interest and copyrights in and to the
SOFTWARE (including but not limited to all images,
photographs, animations, video, audio, music, text, and other
information incorporated into the SOFTWARE), the accompanying
printed materials, and any copies of the SOFTWARE, are owned
by NVIDIA, or its suppliers. The SOFTWARE is protected by
copyright laws and international treaty provisions.
Accordingly, Licensee is required to treat the SOFTWARE like
any other copyrighted material, except as otherwise allowed
pursuant to this Agreement and that it may make one copy of
the SOFTWARE solely for backup or archive purposes.
RESTRICTED RIGHTS NOTICE. Software has been developed entirely
at private expense and is commercial computer software
provided with RESTRICTED RIGHTS. Use, duplication or
disclosure by the U.S. Government or a U.S. Government
subcontractor is subject to the restrictions set forth in the
Agreement under which Software was obtained pursuant to DFARS
227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2)
of the Commercial Computer Software - Restricted Rights clause
at FAR 52.227-19, as applicable. Contractor/manufacturer is
NVIDIA, 2701 San Tomas Expressway, Santa Clara, CA 95050.
1.5. Applicable Law
This Agreement shall be deemed to have been made in, and shall
be construed pursuant to, the laws of the State of Delaware.
The United Nations Convention on Contracts for the
International Sale of Goods is specifically disclaimed. The
courts of Santa Clara County, California shall have exclusive
jurisdiction and venue over any dispute arising out of or
relating to this Agreement.
1.6. Disclaimer of Warranties and Limitations on Liability
1.6.1. No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS
DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
1.6.2. No Liability for Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
1.6.3. No Support
NVIDIA has no obligation to support or to provide any updates
of the Software.
1.7. Miscellaneous
1.7.1. Feedback
Notwithstanding any Non-Disclosure Agreement executed by and
between the parties, the parties agree that in the event
Licensee or NVIDIA provides Feedback (as defined below) to the
other party on how to design, implement, or improve the
SOFTWARE or Licensee's product(s) for use with the SOFTWARE,
the following terms and conditions apply the Feedback:
1.7.1.1. Exchange of Feedback
Both parties agree that neither party has an obligation to
give the other party any suggestions, comments or other
feedback, whether verbally or in written or source code form,
relating to (i) the SOFTWARE; (ii) Licensee's products; (iii)
Licensee's use of the SOFTWARE; or (iv)
optimization/interoperability of Licensee's product with the
SOFTWARE (collectively defined as "Feedback"). In the event
either party provides Feedback to the other party, the party
receiving the Feedback may use any Feedback that the other
party voluntarily provides to improve the (i) SOFTWARE or
other related NVIDIA technologies, respectively for the
benefit of NVIDIA; or (ii) Licensee's product or other related
Licensee technologies, respectively for the benefit of
Licensee. Accordingly, if either party provides Feedback to
the other party, both parties agree that the other party and
its respective licensees may freely use, reproduce, license,
distribute, and otherwise commercialize the Feedback in the
(i) SOFTWARE or other related technologies; or (ii) Licensee's
products or other related technologies, respectively, without
the payment of any royalties or fees.
1.7.1.2. Residual Rights
Licensee agrees that NVIDIA shall be free to use any general
knowledge, skills and experience, (including, but not limited
to, ideas, concepts, know-how, or techniques) ("Residuals"),
contained in the (i) Feedback provided by Licensee to NVIDIA;
(ii) Licensee's products shared or disclosed to NVIDIA in
connection with the Feedback; or (c) Licensee's confidential
information voluntarily provided to NVIDIA in connection with
the Feedback, which are retained in the memories of NVIDIA's
employees, agents, or contractors who have had access to such
Residuals. Subject to the terms and conditions of this
Agreement, NVIDIA's employees, agents, or contractors shall
not be prevented from using Residuals as part of such
employee's, agent's or contractor's general knowledge, skills,
experience, talent, and/or expertise. NVIDIA shall not have
any obligation to limit or restrict the assignment of such
employees, agents or contractors or to pay royalties for any
work resulting from the use of Residuals.
1.7.1.3. Disclaimer of Warranty
FEEDBACK FROM EITHER PARTY IS PROVIDED FOR THE OTHER PARTY'S
USE "AS IS" AND BOTH PARTIES DISCLAIM ALL WARRANTIES, EXPRESS,
IMPLIED AND STATUTORY INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NONINFRINGEMENT. BOTH PARTIES DO NOT
REPRESENT OR WARRANT THAT THE FEEDBACK WILL MEET THE OTHER
PARTY'S REQUIREMENTS OR THAT THE OPERATION OR IMPLEMENTATION
OF THE FEEDBACK WILL BE UNINTERRUPTED OR ERROR-FREE.
1.7.1.4. No Liability for Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL EITHER PARTY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE FEEDBACK, EVEN IF THE OTHER PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
1.7.2. Freedom of Action
Licensee agrees that this Agreement is nonexclusive and NVIDIA
may currently or in the future be developing software, other
technology or confidential information internally, or
receiving confidential information from other parties that
maybe similar to the Feedback and Licensee's confidential
information (as provided in Section 1.7.1.2 above), which may
be provided to NVIDIA in connection with Feedback by Licensee.
Accordingly, Licensee agrees that nothing in this Agreement
will be construed as a representation or inference that NVIDIA
will not develop, design, manufacture, acquire, market
products, or have products developed, designed, manufactured,
acquired, or marketed for NVIDIA, that compete with the
Licensee's products or confidential information.
1.7.3. No Implied Licenses
Under no circumstances should anything in this Agreement be
construed as NVIDIA granting by implication, estoppel or
otherwise, (i) a license to any NVIDIA product or technology
other than the SOFTWARE; or (ii) any additional license rights
for the SOFTWARE other than the licenses expressly granted in
this Agreement.
1.7.4.
If any provision of this Agreement is inconsistent with, or
cannot be fully enforced under, the law, such provision will
be construed as limited to the extent necessary to be
consistent with and fully enforceable under the law. This
Agreement is the final, complete and exclusive agreement
between the parties relating to the subject matter hereof, and
supersedes all prior or contemporaneous understandings and
agreements relating to such subject matter, whether oral or
written. This Agreement may only be modified in writing signed
by an authorized officer of NVIDIA. Licensee agrees that it
will not ship, transfer or export the SOFTWARE into any
country, or use the SOFTWARE in any manner, prohibited by the
United States Bureau of Industry and Security or any export
laws, restrictions or regulations.
1.7.5.
The parties agree that the following sections of the Agreement
will survive the termination of the License: Section 1.2.1.4,
Section 1.4, Section 1.5, Section 1.6, and Section 1.7.
1.8. Attachment A
Redistributable Software
In connection with Section 1.2.1.1 of this Agreement, the
following files may be redistributed with software
applications developed by Licensee, including certain
variations of these files that have version number or
architecture specific information embedded in the file name -
as an example only, for release version 6.0 of the 64-bit
Windows software, the file cudart64_60.dll is redistributable.
Component : CUDA Runtime
Windows : cudart.dll, cudart_static.lib
MacOS : libcudart.dylib, libcudart_static.a
Linux : libcudart.so, libcudart_static.a
Android : libcudart.so, libcudart_static.a
Component : CUDA FFT Library
Windows : cufft.dll
MacOS : libcufft.dylib
Linux : libcufft.so
Android : libcufft.so
Component : CUDA BLAS Library
Windows : cublas.dll
MacOS : libcublas.dylib
Linux : libcublas.so
Android : libcublas.so
Component : CUDA Sparse Matrix Library
Windows : cusparse.dll
MacOs : libcusparse.dylib
Linux : libcusparse.so
Android : libcusparse.so
Component : CUDA Random Number Generation Library
Windows : curand.dll
MacOs : libcurand.dylib
Linux : libcurand.so
Android : libcurand.so
Component : NVIDIA Performance Primitives Library
Windows : nppc.dll, nppi.dll, npps.dll
MacOs : libnppc.dylib, libnppi.dylib, libnpps.dylib
Linux : libnppc.so, libnppi.so, libnpps.so
Android : libnppc.so, libnppi.so, libnpps.so
Component : NVIDIA Optimizing Compiler Library
Windows : nvvm.dll
MacOs : libnvvm.dylib
Linux : libnvvm.so
Component : NVIDIA Common Device Math Functions Library
Windows : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc
MacOs : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc
Linux : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc
Component : CUDA Occupancy Calculation Header Library
All : cuda_occupancy.h
1.9. Attachment B
Additional Licensing Obligations
The following third party components included in the SOFTWARE
are licensed to Licensee pursuant to the following terms and
conditions:
1. Licensee's use of the following third party components is
subject to the terms and conditions of GNU GPL v2.0:
a. gdb
b. Open64
This product includes copyrighted third-party software
licensed under the terms of the GNU General Public License
v2.0 ("GPL v2.0). All third-party software packages are
copyright by their respective authors. GPL v2.0 terms and
conditions are hereby incorporated into the Agreement by
this reference.
http://www.gnu.org/licenses/old-licenses/gpl-2.0.txt
2. Licensee's use of the following third party components is
subject to the terms and conditions of GNU GPL v3.0:
a. gcc front-end v2.2
This product includes copyrighted third-party software licensed under
the terms of the GNU General Public License v2.0 ("GPL v2.0). All
third-party software packages are copyright by their respective
authors. GPL v2.0 terms and conditions are hereby incorporated into
the Agreement by this reference.
http://www.gnu.org/licenses/gpl.html
3. Licensee represents and warrants that any and all third
party licensing and/or royalty payment obligations in
connection with Licensee's use of the H.264 video codecs
are solely the responsibility of Licensee.
4. Licensee's use of the Thrust library is subject to the
terms and conditions of the Apache License Version 2.0.
All third-party software packages are copyright by their
respective authors. Apache License Version 2.0 terms and
conditions are hereby incorporated into the Agreement by
this reference.
http://www.apache.org/licenses/LICENSE-2.0.html
In addition, Licensee acknowledges the following notice:
Thrust includes source code from the Boost Iterator, Tuple, System,
and Random Number libraries.
Boost Software License - Version 1.0 - August 17th, 2003
. . . .
Permission is hereby granted, free of charge, to any person or
organization obtaining a copy of the software and accompanying
documentation covered by this license (the "Software") to use,
reproduce, display, distribute, execute, and transmit the Software,
and to prepare derivative works of the Software, and to permit
third-parties to whom the Software is furnished to do so, all
subject to the following:
The copyright notices in the Software and this entire statement,
including the above license grant, this restriction and the following
disclaimer, must be included in all copies of the Software, in whole
or in part, and all derivative works of the Software, unless such
copies or derivative works are solely in the form of machine-executable
object code generated by a source language processor.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR
ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR
OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
OTHER DEALINGS IN THE SOFTWARE.
5. Licensee's use of the LLVM third party component is
subject to the following terms and conditions:
======================================================
LLVM Release License
======================================================
University of Illinois/NCSA
Open Source License
Copyright (c) 2003-2010 University of Illinois at Urbana-Champaign.
All rights reserved.
Developed by:
LLVM Team
University of Illinois at Urbana-Champaign
http://llvm.org
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to
deal with the Software without restriction, including without limitation the
rights to use, copy, modify, merge, publish, distribute, sublicense, and/or
sell copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
* Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimers.
* Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimers in the
documentation and/or other materials provided with the distribution.
* Neither the names of the LLVM Team, University of Illinois at Urbana-
Champaign, nor the names of its contributors may be used to endorse or
promote products derived from this Software without specific prior
written permission.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL
THE CONTRIBUTORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR
OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,
ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
DEALINGS WITH THE SOFTWARE.
6. Licensee's use of the PCRE third party component is
subject to the following terms and conditions:
------------
PCRE LICENCE
------------
PCRE is a library of functions to support regular expressions whose syntax
and semantics are as close as possible to those of the Perl 5 language.
Release 8 of PCRE is distributed under the terms of the "BSD" licence, as
specified below. The documentation for PCRE, supplied in the "doc"
directory, is distributed under the same terms as the software itself. The
basic library functions are written in C and are freestanding. Also
included in the distribution is a set of C++ wrapper functions, and a just-
in-time compiler that can be used to optimize pattern matching. These are
both optional features that can be omitted when the library is built.
THE BASIC LIBRARY FUNCTIONS
---------------------------
Written by: Philip Hazel
Email local part: ph10
Email domain: cam.ac.uk
University of Cambridge Computing Service,
Cambridge, England.
Copyright (c) 1997-2012 University of Cambridge
All rights reserved.
PCRE JUST-IN-TIME COMPILATION SUPPORT
-------------------------------------
Written by: Zoltan Herczeg
Email local part: hzmester
Emain domain: freemail.hu
Copyright(c) 2010-2012 Zoltan Herczeg
All rights reserved.
STACK-LESS JUST-IN-TIME COMPILER
--------------------------------
Written by: Zoltan Herczeg
Email local part: hzmester
Emain domain: freemail.hu
Copyright(c) 2009-2012 Zoltan Herczeg
All rights reserved.
THE C++ WRAPPER FUNCTIONS
-------------------------
Contributed by: Google Inc.
Copyright (c) 2007-2012, Google Inc.
All rights reserved.
THE "BSD" LICENCE
-----------------
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
* Neither the name of the University of Cambridge nor the name of Google
Inc. nor the names of their contributors may be used to endorse or
promote products derived from this software without specific prior
written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
7. Some of the cuBLAS library routines were written by or
derived from code written by Vasily Volkov and are subject
to the Modified Berkeley Software Distribution License as
follows:
Copyright (c) 2007-2009, Regents of the University of California
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
* Neither the name of the University of California, Berkeley nor
the names of its contributors may be used to endorse or promote
products derived from this software without specific prior
written permission.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS" AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
8. Some of the cuBLAS library routines were written by or
derived from code written by Davide Barbieri and are
subject to the Modified Berkeley Software Distribution
License as follows:
Copyright (c) 2008-2009 Davide Barbieri @ University of Rome Tor Vergata.
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
* The name of the author may not be used to endorse or promote
products derived from this software without specific prior
written permission.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS" AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
9. Some of the cuBLAS library routines were derived from
code developed by the University of Tennessee and are
subject to the Modified Berkeley Software Distribution
License as follows:
Copyright (c) 2010 The University of Tennessee.
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer listed in this license in the documentation and/or
other materials provided with the distribution.
* Neither the name of the copyright holders nor the names of its
contributors may be used to endorse or promote products derived
from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
10. Some of the cuBLAS library routines were written by or
derived from code written by Jonathan Hogg and are subject
to the Modified Berkeley Software Distribution License as
follows:
Copyright (c) 2012, The Science and Technology Facilities Council (STFC).
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
* Neither the name of the STFC nor the names of its contributors
may be used to endorse or promote products derived from this
software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE STFC BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
11. Some of the cuBLAS library routines were written by or
derived from code written by Ahmad M. Abdelfattah, David
Keyes, and Hatem Ltaief, and are subject to the Apache
License, Version 2.0, as follows:
Copyright 2013 King Abdullah University of Science and Technology-- Ahmad M. Abdelfattah, David Keyes, and Hatem Ltaief
Licensed under the Apache License, Version 2.0 (the "License");
you may not use this file except in compliance with the License.
You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and
limitations under the License.
12. Some of the cuSPARSE library routines were written by or
derived from code written by Li-Wen Chang and are subject
to the NCSA Open Source License as follows:
Copyright (c) 2012, University of Illinois.
All rights reserved.
Developed by: IMPACT Group, University of Illinois, http://impact.crhc.illinois.edu
Permission is hereby granted, free of charge, to any person obtaining
a copy of this software and associated documentation files (the
"Software"), to deal with the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so, subject to
the following conditions:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimers in the documentation and/or other materials provided
with the distribution.
* Neither the names of IMPACT Group, University of Illinois, nor
the names of its contributors may be used to endorse or promote
products derived from this Software without specific prior
written permission.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE CONTRIBUTORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER
IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR
IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS WITH THE
SOFTWARE.
13. Some of the cuRAND library routines were written by or
derived from code written by Mutsuo Saito and Makoto
Matsumoto and are subject to the following license:
Copyright (c) 2009, 2010 Mutsuo Saito, Makoto Matsumoto and Hiroshima
University. All rights reserved.
Copyright (c) 2011 Mutsuo Saito, Makoto Matsumoto, Hiroshima
University and University of Tokyo. All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
* Neither the name of the Hiroshima University nor the names of
its contributors may be used to endorse or promote products
derived from this software without specific prior written
permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
14. Some of the cuRAND library routines were derived from
code developed by D. E. Shaw Research and are subject to
the following license:
Copyright 2010-2011, D. E. Shaw Research.
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
* Redistributions of source code must retain the above copyright
notice, this list of conditions, and the following disclaimer.
* Redistributions in binary form must reproduce the above
copyright notice, this list of conditions, and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
* Neither the name of D. E. Shaw Research nor the names of its
contributors may be used to endorse or promote products derived
from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
2. NVIDIA Corporation CUDA Samples End User License Agreement
-------------------------------------------------------------
BY DOWNLOADING THE SOFTWARE AND OTHER AVAILABLE MATERIALS, YOU
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Notwithstanding any Non-Disclosure Agreement executed by and
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Both parties agree that neither party has an obligation to
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2.8.3. Disclaimer of Warranty
FEEDBACK FROM EITHER PARTY IS PROVIDED FOR THE OTHER PARTY'S
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PARTY'S REQUIREMENTS OR THAT THE OPERATION OR IMPLEMENTATION
OF THE FEEDBACK WILL BE UNINTERRUPTED OR ERROR-FREE.
2.8.4. No Liability for Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL EITHER PARTY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE FEEDBACK, EVEN IF THE OTHER PARTY HAS
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2.9. Freedom of Action
Developer agrees that this Agreement is nonexclusive and
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maybe similar to the Feedback and Developer's confidential
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Materials have been developed entirely at private expense and
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Computer Software - Restricted Rights clause at FAR 52.227-19,
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2.11. Miscellaneous
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3. NVIDIA Driver License for Customer Use of NVIDIA Software
on Windows
------------------------------------------------------------
IMPORTANT NOTICE -- READ CAREFULLY:
-----------------------------------
This License For Customer Use of NVIDIA Software ("LICENSE")
is the agreement which governs use of the software of NVIDIA
Corporation and its subsidiaries ("NVIDIA") downloadable
herefrom, including computer software and associated printed
materials ("SOFTWARE"). By downloading, installing, copying,
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RECITALS:
---------
Use of NVIDIA's products requires three elements: the
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NVIDIA hereby grants Customer the following non-exclusive,
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3.2.1.2. Linux/FreeBSD Exception
Notwithstanding the foregoing terms of Section 3.2.1.1,
SOFTWARE designed exclusively for use on the Linux or FreeBSD
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This LICENSE will automatically terminate if Customer fails to
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All title and copyrights in and to the SOFTWARE (including but
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This LICENSE shall be deemed to have been made in, and shall
be construed pursuant to, the laws of the State of Delaware.
The United Nations Convention on Contracts for the
International Sale of Goods is specifically disclaimed.
3.6. Disclaimer of Warranties and Limitations on Liability
3.6.1. No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS
DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER
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3.6.2. No Liability for Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL EITHER PARTY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE FEEDBACK, EVEN IF THE OTHER PARTY HAS
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Customer hereby agrees and acknowledges that the SOFTWARE may
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If any provision of this LICENSE is inconsistent with, or
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be construed as limited to the extent necessary to be
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LICENSE is the final, complete and exclusive agreement between
the parties relating to the subject matter hereof, and
supersedes all prior or contemporaneous understandings and
agreements relating to such subject matter, whether oral or
written. This LICENSE may only be modified in writing signed
by an authorized officer of NVIDIA. Customer agrees that it
will not ship, transfer or export the SOFTWARE into any
country, or use the SOFTWARE in any manner, prohibited by the
United States Bureau of Industry and Security or any export
laws, restrictions or regulations.
4. NVIDIA Driver License for Customer Use of NVIDIA Software
on Linux and Mac OSX
------------------------------------------------------------
IMPORTANT NOTICE -- READ CAREFULLY:
-----------------------------------
This License For Customer Use of NVIDIA Software ("LICENSE")
is the agreement which governs use of the software of NVIDIA
Corporation and its subsidiaries ("NVIDIA") downloadable
herefrom, including computer software and associated printed
materials ("SOFTWARE"). By downloading, installing, copying,
or otherwise using the SOFTWARE, you agree to be bound by the
terms of this LICENSE. If you do not agree to the terms of
this LICENSE, do not download the SOFTWARE.
RECITALS:
---------
Use of NVIDIA's products requires three elements: the
SOFTWARE, the hardware on a graphics controller board, and a
personal computer. The SOFTWARE is protected by copyright laws
and international copyright treaties, as well as other
intellectual property laws and treaties. The SOFTWARE is not
sold, and instead is only licensed for use, strictly in
accordance with this document. The hardware is protected by
various patents, and is sold, but this agreement does not
cover that sale, since it may not necessarily be sold as a
package with the SOFTWARE. This agreement sets forth the terms
and conditions of the SOFTWARE LICENSE only.
4.1. DEFINITIONS
4.1.1. Customer
Customer means the entity or individual that downloads the
SOFTWARE.
4.2. GRANT OF LICENSE
4.2.1. Rights and Limitations of Grant
NVIDIA hereby grants Customer the following non-exclusive,
non-transferable right to use the SOFTWARE, with the following
limitations:
4.2.1.1. Rights
Customer may install and use multiple copies of the SOFTWARE
on a shared computer or concurrently on different computers,
and make multiple back-up copies of the SOFTWARE, solely for
Customer's use within Customer's Enterprise. "Enterprise"
shall mean individual use by Customer or any legal entity
(such as a corporation or university) and the subsidiaries it
owns by more than fifty percent (50%).
4.2.1.2. Linux/FreeBSD Exception
Notwithstanding the foregoing terms of Section 4.2.1.1,
SOFTWARE designed exclusively for use on the Linux or FreeBSD
operating systems, or other operating systems derived from the
source code to these operating systems, may be copied and
redistributed, provided that the binary files thereof are not
modified in any way (except for unzipping of compressed
files).
4.2.1.3. Limitations
No Reverse Engineering
Customer may not reverse engineer, decompile, or disassemble
the SOFTWARE, nor attempt in any other manner to obtain the
source code.
No Separation of Components
The SOFTWARE is licensed as a single product. Its component
parts may not be separated for use on more than one computer,
nor otherwise used separately from the other parts.
No Rental
Customer may not rent or lease the SOFTWARE to someone else.
4.3. TERMINATION
This LICENSE will automatically terminate if Customer fails to
comply with any of the terms and conditions hereof. In such
event, Customer must destroy all copies of the SOFTWARE and
all of its component parts.
Defensive Suspension. If Customer commences or participates in
any legal proceeding against NVIDIA, then NVIDIA may, in its
sole discretion, suspend or terminate all license grants and
any other rights provided under this LICENSE during the
pendency of such legal proceedings.
4.4. COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but
not limited to all images, photographs, animations, video,
audio, music, text, and other information incorporated into
the SOFTWARE), the accompanying printed materials, and any
copies of the SOFTWARE, are owned by NVIDIA, or its suppliers.
The SOFTWARE is protected by copyright laws and international
treaty provisions. Accordingly, Customer is required to treat
the SOFTWARE like any other copyrighted material, except as
otherwise allowed pursuant to this LICENSE and that it may
make one copy of the SOFTWARE solely for backup or archive
purposes.
4.5. APPLICABLE LAW
This agreement shall be deemed to have been made in, and shall
be construed pursuant to, the laws of the State of California.
4.6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
4.6.1. No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS
DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
4.6.2. No Liability for Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
4.7. MISCELLANEOUS
The United Nations Convention on Contracts for the
International Sale of Goods is specifically disclaimed. If any
provision of this LICENSE is inconsistent with, or cannot be
fully enforced under, the law, such provision will be
construed as limited to the extent necessary to be consistent
with and fully enforceable under the law. This agreement is
the final, complete and exclusive agreement between the
parties relating to the subject matter hereof, and supersedes
all prior or contemporaneous understandings and agreements
relating to such subject matter, whether oral or written.
Customer agrees that it will not ship, transfer or export the
SOFTWARE into any country, or use the SOFTWARE in any manner,
prohibited by the United States Bureau of Export
Administration or any export laws, restrictions or
regulations. This LICENSE may only be modified in writing
signed by an authorized officer of NVIDIA.
5. NVIDIA Nsight Development Platform, Visual Studio Edition
Software License Agreement (Windows only)
------------------------------------------------------------
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING
----------------------------------------------------
Do not use or load this software and any associated materials
provided by NVIDIA on its extranet (collectively the
"Software") until You have carefully read the following terms
and conditions. By loading or using the Software, You agree to
fully comply with the terms and conditions of this Software
License Agreement ("Agreement") by and between NVIDIA
Corporation, a Delaware corporation with its principal place
of business at 2701 San Tomas Expressway, Santa Clara,
California 95050 U.S.A. ("NVIDIA"), and You. If You do not
wish to so agree, do not install or use the Software.
For the purposes of this Agreement:
"Licensee," "You" and/or "Your" shall mean, collectively and
individually, Original Equipment Manufacturers, Independent
Hardware Vendors, Independent Software Vendors, and End-Users
of the Software pursuant to the terms and conditions of this
Agreement.
"Intellectual Property Rights" shall mean all proprietary
rights, including all patents, trademarks, copyrights,
know-how, trade secrets, mask works, including all
applications and registrations thereto, and any other similar
protected rights in any country.
5.1. Grant of License
NVIDIA agrees to provide the Software and any associated
materials pursuant to this Agreement. Subject to the terms of
this Agreement, NVIDIA grants to You a nonexclusive,
transferable, worldwide, revocable, limited, royalty-free,
fully paid-up license under NVIDIA's copyrights to install,
deploy, use, have used execute, reproduce, display, perform,
run, the object code of the Software, to create Your products
to interoperate with NVIDIA hardware and software.
Unless otherwise authorized in the Agreement, You shall not
otherwise assign, sublicense, lease, or in any other way
transfer or disclose Software to any third party. Unless
otherwise authorized in the Agreement, You shall not reverse-
compile, disassemble, reverse-engineer, or in any manner
attempt to derive the source code of the Software from the
object code portions of the Software.
Except as expressly stated in this Agreement, no license or
right is granted to You directly or by implication,
inducement, estoppels or otherwise. NVIDIA shall have the
right to inspect or have an independent auditor inspect Your
relevant records to verify Your compliance with the terms and
conditions of this Agreement.
5.2. Confidentiality
If applicable, any exchange of Confidential Information (as
defined in the NDA) shall be made pursuant to the terms and
conditions of a separately signed Non-Disclosure Agreement
("NDA") by and between NVIDIA and You. For the sake of
clarity, You agree that (a) the Software; and (b) Your use of
the Software/participation in the Software's pre-production
release is considered Confidential Information of NVIDIA.
If You wish to have a third party consultant or subcontractor
("Contractor") perform work on Your behalf which involves
access to or use of Software, You shall obtain a written
confidentiality agreement from the Contractor which contains
terms and obligations with respect to access to or use of
Software no less restrictive than those set forth in this
Agreement and excluding any distribution or sublicense rights,
and use for any other purpose than permitted in this
Agreement. Otherwise, You shall not disclose the terms or
existence of this Agreement or use NVIDIA's name in any
publications, advertisements, or other announcements without
NVIDIA's prior written consent. Unless otherwise provided in
this Agreement, You do not have any rights to use any NVIDIA
trademarks or logos.
5.3. Ownership of Software and Intellectual Property Rights
All rights, title and interest to all copies of the Software
remain with NVIDIA, subsidiaries, licensors, or its suppliers.
The Software is copyrighted and protected by the laws of the
United States and other countries, and international treaty
provisions. You may not remove any copyright notices from the
Software. NVIDIA may make changes to the Software, or to items
referenced therein, at any time and without notice, but is not
obligated to support or update the Software. Except as
otherwise expressly provided, NVIDIA grants no express or
implied right under any NVIDIA patents, copyrights,
trademarks, or other intellectual property rights.
You have no obligation to give NVIDIA any suggestions,
comments or other feedback ("Feedback") relating to the
Software. However, NVIDIA may use and include any Feedback
that You voluntarily provide to improve the Software or other
related NVIDIA technologies. Accordingly, if You provide
Feedback, You agree NVIDIA and its licensees may freely use,
reproduce, license, distribute, and otherwise commercialize
the Feedback in the Software or other related technologies
without the payment of any royalties or fees. You also agree
that the Software may collect application specific session
data and target device information that shall be sent to
NVIDIA, solely for use by NVIDIA in improving the Software.
5.4. No Warranties
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR
IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF
MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR
PURPOSE. NVIDIA does not warrant or assume responsibility for
the accuracy or completeness of any information, text,
graphics, links or other items contained within the Software.
NVIDIA does not represent that errors or other defects will be
identified or corrected.
5.5. Limitation of Liability
EXCEPT WITH RESPECT TO THE MISUSE OF THE OTHER PARTY'S
INTELLECTUAL PROPERTY OR DISCLOSURE OF THE OTHER PARTY'S
CONFIDENTIAL INFORMATION IN BREACH OF THIS AGREEMENT, IN NO
EVENT SHALL NVIDIA, SUBSIDIARIES, LICENSORS, OR ITS SUPPLIERS
BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, INDIRECT, LOST PROFITS, CONSEQUENTIAL, BUSINESS
INTERRUPTION OR LOST INFORMATION) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED
WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER
LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
NOTWITHSTANDING THE FOREGOING, NVIDIA'S AGGREGATE LIABILITY
ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED
UNITED STATES DOLLARS (USD$100).
5.6. Term
This Agreement and the licenses granted hereunder shall be
effective as of the date You install/download the Software
("Effective Date") and continue perpetually, unless terminated
earlier in accordance with the "Termination" provision of this
Agreement.
5.7. Termination
NVIDIA may terminate this Agreement at any time if You violate
its terms. Upon termination, You will immediately destroy the
Software or return all copies of the Software to NVIDIA, and
certify to NVIDIA in writing that such actions have been
completed.
5.8. Miscellaneous
5.8.1. Survival
Those provisions in this Agreement, which by their nature need
to survive the termination or expiration of this Agreement,
shall survive termination or expiration of the Agreement,
including but not limited to Section 5.2, Section 5.3,
Section 5.4, Section 5.5, Section 5.7, and Section 5.8.
5.8.2. Applicable Laws
Claims arising under this Agreement shall be governed by the
laws of Delaware, excluding its principles of conflict of laws
and the United Nations Convention on Contracts for the Sale of
Goods. The state and/or federal courts residing in Santa Clara
County, California shall have exclusive jurisdiction over any
dispute or claim arising out of this Agreement. You may not
export the Software in violation of applicable export laws and
regulations.
5.8.3. Amendment
The Agreement shall not be modified except by a written
agreement that names this Agreement and any provision to be
modified, is dated subsequent to the Effective Date, and is
signed by duly authorized representatives of both parties.
5.8.4. No Waiver
No failure or delay on the part of either party in the
exercise of any right, power or remedy under this Agreement or
under law, or to insist upon or enforce performance by the
other party of any of the provisions of this Agreement or
under law, shall operate as a waiver thereof, nor shall any
single or partial exercise of any right, power or remedy
preclude other or further exercise thereof, or the exercise of
any other right, power or remedy; rather the provision, right,
or remedy shall be and remain in full force and effect.
5.8.5. No Assignment
This Agreement and Licensee's rights and obligations herein,
may not be assigned, subcontracted, delegated, or otherwise
transferred by Licensee without NVIDIA's prior written
consent, and any attempted assignment, subcontract,
delegation, or transfer in violation of the foregoing will be
null and void. The terms of this Agreement shall be binding
upon Licensee's assignees.
5.8.6. Government Restricted Rights
The parties acknowledge that the Software is subject to U.S.
export control laws and regulations. The parties agree to
comply with all applicable international and national laws
that apply to the Software, including the U.S. Export
Administration Regulations, as well as end-user, end-use and
destination restrictions issued by U.S. and other governments.
The Software has been developed entirely at private expense
and is commercial computer software provided with RESTRICTED
RIGHTS. Use, duplication or disclosure of the Software by the
U.S. Government or a U.S. Government subcontractor is subject
to the restrictions set forth in the Agreement under which the
Software was obtained pursuant to DFARS 227.7202-3(a) or as
set forth in subparagraphs (c)(1) and (2) of the Commercial
Computer Software - Restricted Rights clause at FAR 52.227-19,
as applicable. Contractor/manufacturer is NVIDIA, 2701 San
Tomas Expressway, Santa Clara, CA 95050. Use of the Software
by the Government constitutes acknowledgment of NVIDIA's
proprietary rights therein.
5.8.7. Independent Contractors
Licensee's relationship to NVIDIA is that of an independent
contractor, and neither party is an agent or partner of the
other. Licensee will not have, and will not represent to any
third party that it has, any authority to act on behalf of
NVIDIA.
5.8.8. Severability
If for any reason a court of competent jurisdiction finds any
provision of this Agreement, or portion thereof, to be
unenforceable, that provision of the Agreement will be
enforced to the maximum extent permissible so as to affect the
intent of the parties, and the remainder of this Agreement
will continue in full force and effect. This Agreement has
been negotiated by the parties and their respective counsel
and will be interpreted fairly in accordance with its terms
and without any strict construction in favor of or against
either party.
5.8.9. Entire Agreement
This Agreement and NDA constitute the entire agreement between
the parties with respect to the subject matter contemplated
herein, and merges all prior and contemporaneous
communications.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DIRECTX END USER RUNTIME
These license terms are an agreement between Microsoft Corporation (or based on
where you live, one of its affiliates) and you. Please read them. They apply
to the software named above, which includes the media on which you received it,
if any. The terms also apply to any Microsoft
* updates,
* supplements,
* Internet-based services, and
* support services
for this software, unless other terms accompany those items. If so, those
terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO
NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies
of the software on your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only
gives you some rights to use the software. Microsoft reserves all other
rights. Unless applicable law gives you more rights despite this limitation,
you may use the software only as expressly permitted in this agreement. In
doing so, you must comply with any technical limitations in the software that
only allow you to use it in certain ways. You may not
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, except and only to
the extent that applicable law expressly permits, despite this limitation;
* make more copies of the software than specified in this agreement or allowed
by applicable law, despite this limitation;
* publish the software for others to copy;
* rent, lease or lend the software;
* transfer the software or this agreement to any third party; or
* use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it
only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or
internal network may copy and use the documentation for your internal,
reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws
and regulations. You must comply with all domestic and international export
laws and regulations that apply to the software. These laws include
restrictions on destinations, end users and end use. For additional
information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is "as is," we may not provide
support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates,
Internet-based services and support services that you use, are the entire
agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States,
Washington state law governs the interpretation of this agreement and applies
to claims for breach of it, regardless of conflict of laws principles. The
laws of the state where you live govern all other claims, including claims
under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other
country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have
other rights under the laws of your country. You may also have rights with
respect to the party from whom you acquired the software. This agreement does
not change your rights under the laws of your country if the laws of your
country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE
RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR
CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS
WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL
LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM
MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT
RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL,
INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
* anything related to the software, services, content (including code) on third
party Internet sites, or third party programs; and
* claims for breach of contract, breach of warranty, guarantee or condition,
strict liability, negligence, or other tort to the extent permitted by
applicable law.
It also applies even if Microsoft knew or should have known about the
possibility of the damages. The above limitation or exclusion may not apply to
you because your country may not allow the exclusion or limitation of
incidental, consequential or other damages.
The Software contains components, as listed below that are
licensed to Licensee pursuant to the terms and conditions of
their respective End User License Agreements:
* NVIDIA CUDA Samples
* NVIDIA CUDA Toolkit
* NVIDIA DirectX SDK
More information, including licensing information, about the
NVIDIA CUDA Toolkit and the NVIDIA CUDA Samples can be found
at: http://www.nvidia.com/getcuda
More information, including licensing information, about the
NVIDIA DirectX SDK can be found at:
http://developer.nvidia.com/object/sdk_home.html
6. NVIDIA CUDA General Terms
----------------------------
The Software, on the Windows platform, may collect
non-personally identifiable information for the purposes of
customizing information delivered to you and improving future
versions of the Software. Such information, including IP
address and system configuration, will only be collected on an
anonymous basis and cannot be linked to any personally
identifiable information. Personally identifiable information
such as your username or hostname is not collected.
-------------------------------------------------------------
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