2127 lines
85 KiB
Text
2127 lines
85 KiB
Text
End User License Agreement
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--------------------------
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Preface
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-------
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The following contains specific license terms and conditions
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for four separate NVIDIA products. By accepting this
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agreement, you agree to comply with all the terms and
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conditions applicable to the specific product(s) included
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herein.
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NVIDIA CUDA Toolkit
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Description
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The NVIDIA CUDA Toolkit provides command-line and graphical
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tools for building, debugging and optimizing the performance
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of applications accelerated by NVIDIA GPUs, runtime and math
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libraries, and documentation including programming guides,
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user manuals, and API references. The NVIDIA CUDA Toolkit
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License Agreement is available in Chapter 1.
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Default Install Location of CUDA Toolkit
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Windows platform:
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%ProgramFiles%\NVIDIA GPU Computing Toolkit\CUDA\v#.#
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Linux platform:
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/usr/local/cuda-#.#
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Mac platform:
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/Developer/NVIDIA/CUDA-#.#
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NVIDIA CUDA Samples
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Description
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This package includes over 100+ CUDA examples that demonstrate
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various CUDA programming principles, and efficient CUDA
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implementation of algorithms in specific application domains.
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The NVIDIA CUDA Samples License Agreement is available in
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Chapter 2.
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Default Install Location of CUDA Samples
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Windows platform:
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%ProgramData%\NVIDIA Corporation\CUDA Samples\v#.#
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Linux platform:
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/usr/local/cuda-#.#/samples
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and
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$HOME/NVIDIA_CUDA-#.#_Samples
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Mac platform:
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/Developer/NVIDIA/CUDA-#.#/samples
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NVIDIA Driver
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Description
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This package contains the operating system driver and
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fundamental system software components for NVIDIA GPUs. The
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NVIDIA Driver License for the Windows platform is available in
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Chapter 3, and the NVIDIA Driver License for the Linux and Mac
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OSX platforms is available in Chapter 4.
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NVIDIA Nsight Visual Studio Edition (Windows only)
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Description
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NVIDIA Nsight Development Platform, Visual Studio Edition is a
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development environment integrated into Microsoft Visual
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Studio that provides tools for debugging, profiling, analyzing
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and optimizing your GPU computing and graphics applications.
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The NVIDIA Nsight Visual Studio Edition License Agreement is
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available in Chapter 5.
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Default Install Location of Nsight Visual Studio Edition
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Windows platform:
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%ProgramFiles%\NVIDIA Corporation\Nsight Visual Studio Edition #.#
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NVIDIA CUDA General Terms
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Description
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General terms that apply to all of the software components are
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available in Chapter 6.
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1. NVIDIA CUDA Toolkit License Agreement
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----------------------------------------
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Important Notice
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----------------
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READ CAREFULLY: This Software License Agreement ("Agreement")
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for NVIDIA CUDA Toolkit, including computer software and
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associated documentation ("Software"), is the Agreement which
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governs use of the SOFTWARE of NVIDIA Corporation and its
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subsidiaries ("NVIDIA") downloadable herefrom. By downloading,
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installing, copying, or otherwise using the SOFTWARE, You (as
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defined below) agree to be bound by the terms of this
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Agreement. If You do not agree to the terms of this Agreement,
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do not download the SOFTWARE.
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Recitals
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--------
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Use of NVIDIA's SOFTWARE requires three elements: the
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SOFTWARE, an NVIDIA GPU or application processor ("NVIDIA
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Hardware"), and a computer system. The SOFTWARE is protected
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by copyright laws and international copyright treaties, as
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well as other intellectual property laws and treaties. The
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SOFTWARE is not sold, and instead is only licensed for Your
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use, strictly in accordance with this Agreement. The NVIDIA
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Hardware is protected by various patents, and is sold, but
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this Agreement does not cover the sale or use of such
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hardware, since it may not necessarily be sold as a package
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with the SOFTWARE. This Agreement sets forth the terms and
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conditions of the SOFTWARE only.
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1.1. Definitions
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1.1.1. Licensee
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"You", or "Your" shall mean the entity or individual that
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downloads and uses the SOFTWARE.
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1.1.2. Redistributable Software
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"Redistributable Software" shall mean the redistributable
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libraries referenced in Attachment A of this Agreement.
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1.1.3. Software
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"SOFTWARE" shall mean the deliverables provided pursuant to
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this Agreement. SOFTWARE may be provided in either source or
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binary form, at NVIDIA's discretion.
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1.2. Grant of License
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1.2.1. Rights and Limitations of Grant
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Provided that Licensee complies with the terms of this
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Agreement, NVIDIA hereby grants Licensee the following
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limited, non-exclusive, non-transferable, non-sublicensable
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(except as expressly permitted otherwise for Redistributable
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Software in Section 1.2.1.1 and Section 1.2.1.3 of this
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Agreement) right to use the SOFTWARE -- and, if the SOFTWARE
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is provided in source form, to compile the SOFTWARE -- with
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the following limitations:
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1.2.1.1. Redistribution Rights
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Licensee may transfer, redistribute, and sublicense certain
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files of the Redistributable SOFTWARE, as defined in
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Attachment A of this Agreement, provided, however, that (a)
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the Redistributable SOFTWARE shall be distributed solely in
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binary form to Licensee's licensees ("Customers") only as a
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component of Licensee's own software products (each, a
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"Licensee Application"); (b) Licensee shall design the
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Licensee Application such that the Redistributable SOFTWARE
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files are installed only in a private (non-shared) directory
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location that is used only by the Licensee Application; (c)
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Licensee shall obtain each Customer's written or clickwrap
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agreement to the license terms under a written, legally
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enforceable agreement that has the effect of protecting the
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SOFTWARE and the rights of NVIDIA under terms no less
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restrictive than this Agreement.
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1.2.1.2. Usage Rights
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Licensee may install and use multiple copies of the SOFTWARE
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on a shared computer or concurrently on different computers,
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and make multiple back-up copies of the SOFTWARE, solely for
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Licensee's use within Licensee's Enterprise. "Enterprise"
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shall mean individual use by Licensee or any legal entity
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(such as a corporation or university) and the subsidiaries it
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owns by more than 50 percent.
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1.2.1.3. Further Redistribution Rights
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Subject to the terms and conditions of the Agreement, Licensee
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may authorize Customers to further redistribute the
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Redistributable SOFTWARE that such Customers receive as part
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of the Licensee Application, solely in binary form, provided,
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however, that Licensee shall require in their standard
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software license agreements with Customers that all such
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redistributions must be made pursuant to a license agreement
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that has the effect of protecting the SOFTWARE and the rights
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of NVIDIA whose terms and conditions are at least as
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restrictive as those in the applicable Licensee software
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license agreement covering the Licensee Application. For
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avoidance of doubt, termination of this Agreement shall not
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affect rights previously granted by Licensee to its Customers
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under this Agreement to the extent validly granted to
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Customers under Section 1.2.1.1.
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1.2.1.4. Linux/FreeBSD Exception
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Notwithstanding the foregoing terms of Section 1.2.1.2,
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Section 1.2.1.1 and Section 1.2.1.3, SOFTWARE designed
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exclusively for use on the Linux or FreeBSD operating systems,
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or other operating systems derived from the source code to
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these operating systems, may be copied and redistributed,
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provided that the binary files thereof are not modified in any
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way (except for unzipping of compressed files).
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1.2.1.5. Additional Licensing Obligations
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Licensee acknowledges and agrees that its use of certain third
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party components included with the SOFTWARE may be subject to
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additional licensing terms and conditions as set forth or
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referenced in Attachment B of this Agreement.
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1.2.1.6. Limitations
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No Reverse Engineering
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If the SOFTWARE is provided in binary form, Licensee may not
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reverse engineer, decompile, or disassemble the SOFTWARE, nor
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attempt in any other manner to obtain the source code.
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No Separation of Components
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The SOFTWARE is licensed as a single product. Except as
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authorized in this Agreement, Software component parts of the
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Software may not be separated for use on more than one
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computer, nor otherwise used separately from the other parts.
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No Rental
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Licensee may not rent or lease the SOFTWARE to someone else.
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No Modifications
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If the SOFTWARE is provided in source form, Licensee may not
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modify or create derivative works of the SOFTWARE.
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1.3. Term and Termination
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This Agreement will continue in effect for two (2) years
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("Initial Term") after Your initial download and use of the
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SOFTWARE, subject to the exclusive right of NVIDIA to
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terminate as provided herein. The term of this Agreement will
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automatically renew for successive one (1) year renewal terms
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after the Initial Term, unless either party provides to the
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other party at least three (3) months prior written notice of
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termination before the end of the applicable renewal term.
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This Agreement will automatically terminate if Licensee fails
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to comply with any of the terms and conditions hereof. In such
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event, Licensee must destroy all copies of the SOFTWARE and
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all of its component parts.
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Defensive Suspension
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If Licensee commences or participates in any legal proceeding
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against NVIDIA, then NVIDIA may, in its sole discretion,
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suspend or terminate all license grants and any other rights
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provided under this Agreement during the pendency of such
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legal proceedings.
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1.4. Copyright
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All rights, title, interest and copyrights in and to the
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SOFTWARE (including but not limited to all images,
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photographs, animations, video, audio, music, text, and other
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information incorporated into the SOFTWARE), the accompanying
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printed materials, and any copies of the SOFTWARE, are owned
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by NVIDIA, or its suppliers. The SOFTWARE is protected by
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copyright laws and international treaty provisions.
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Accordingly, Licensee is required to treat the SOFTWARE like
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any other copyrighted material, except as otherwise allowed
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pursuant to this Agreement and that it may make one copy of
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the SOFTWARE solely for backup or archive purposes.
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RESTRICTED RIGHTS NOTICE. Software has been developed entirely
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at private expense and is commercial computer software
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provided with RESTRICTED RIGHTS. Use, duplication or
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disclosure by the U.S. Government or a U.S. Government
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subcontractor is subject to the restrictions set forth in the
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Agreement under which Software was obtained pursuant to DFARS
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227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2)
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of the Commercial Computer Software - Restricted Rights clause
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at FAR 52.227-19, as applicable. Contractor/manufacturer is
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NVIDIA, 2701 San Tomas Expressway, Santa Clara, CA 95050.
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1.5. Applicable Law
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This Agreement shall be deemed to have been made in, and shall
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be construed pursuant to, the laws of the State of Delaware.
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The United Nations Convention on Contracts for the
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International Sale of Goods is specifically disclaimed. The
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courts of Santa Clara County, California shall have exclusive
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jurisdiction and venue over any dispute arising out of or
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relating to this Agreement.
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1.6. Disclaimer of Warranties and Limitations on Liability
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1.6.1. No Warranties
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
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SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS
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DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING,
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BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
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FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
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1.6.2. No Liability for Consequential Damages
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
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SHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
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INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
|
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(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
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PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
|
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OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
|
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INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED
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OF THE POSSIBILITY OF SUCH DAMAGES.
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1.6.3. No Support
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NVIDIA has no obligation to support or to provide any updates
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of the Software.
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1.7. Miscellaneous
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1.7.1. Feedback
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Notwithstanding any Non-Disclosure Agreement executed by and
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between the parties, the parties agree that in the event
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Licensee or NVIDIA provides Feedback (as defined below) to the
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other party on how to design, implement, or improve the
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SOFTWARE or Licensee's product(s) for use with the SOFTWARE,
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the following terms and conditions apply the Feedback:
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1.7.1.1. Exchange of Feedback
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Both parties agree that neither party has an obligation to
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give the other party any suggestions, comments or other
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feedback, whether verbally or in written or source code form,
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relating to (i) the SOFTWARE; (ii) Licensee's products; (iii)
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Licensee's use of the SOFTWARE; or (iv)
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optimization/interoperability of Licensee's product with the
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SOFTWARE (collectively defined as "Feedback"). In the event
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either party provides Feedback to the other party, the party
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receiving the Feedback may use any Feedback that the other
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party voluntarily provides to improve the (i) SOFTWARE or
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other related NVIDIA technologies, respectively for the
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benefit of NVIDIA; or (ii) Licensee's product or other related
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Licensee technologies, respectively for the benefit of
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Licensee. Accordingly, if either party provides Feedback to
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the other party, both parties agree that the other party and
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its respective licensees may freely use, reproduce, license,
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distribute, and otherwise commercialize the Feedback in the
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(i) SOFTWARE or other related technologies; or (ii) Licensee's
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products or other related technologies, respectively, without
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the payment of any royalties or fees.
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1.7.1.2. Residual Rights
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Licensee agrees that NVIDIA shall be free to use any general
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knowledge, skills and experience, (including, but not limited
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to, ideas, concepts, know-how, or techniques) ("Residuals"),
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contained in the (i) Feedback provided by Licensee to NVIDIA;
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(ii) Licensee's products shared or disclosed to NVIDIA in
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connection with the Feedback; or (c) Licensee's confidential
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information voluntarily provided to NVIDIA in connection with
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the Feedback, which are retained in the memories of NVIDIA's
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employees, agents, or contractors who have had access to such
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Residuals. Subject to the terms and conditions of this
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Agreement, NVIDIA's employees, agents, or contractors shall
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not be prevented from using Residuals as part of such
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employee's, agent's or contractor's general knowledge, skills,
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experience, talent, and/or expertise. NVIDIA shall not have
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any obligation to limit or restrict the assignment of such
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employees, agents or contractors or to pay royalties for any
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work resulting from the use of Residuals.
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1.7.1.3. Disclaimer of Warranty
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FEEDBACK FROM EITHER PARTY IS PROVIDED FOR THE OTHER PARTY'S
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USE "AS IS" AND BOTH PARTIES DISCLAIM ALL WARRANTIES, EXPRESS,
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IMPLIED AND STATUTORY INCLUDING, WITHOUT LIMITATION, THE
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IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
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PARTICULAR PURPOSE, OR NONINFRINGEMENT. BOTH PARTIES DO NOT
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REPRESENT OR WARRANT THAT THE FEEDBACK WILL MEET THE OTHER
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PARTY'S REQUIREMENTS OR THAT THE OPERATION OR IMPLEMENTATION
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OF THE FEEDBACK WILL BE UNINTERRUPTED OR ERROR-FREE.
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1.7.1.4. No Liability for Consequential Damages
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
|
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SHALL EITHER PARTY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
|
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INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
|
|
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
|
|
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
|
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OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
|
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INABILITY TO USE THE FEEDBACK, EVEN IF THE OTHER PARTY HAS
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BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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1.7.2. Freedom of Action
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Licensee agrees that this Agreement is nonexclusive and NVIDIA
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may currently or in the future be developing software, other
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technology or confidential information internally, or
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receiving confidential information from other parties that
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maybe similar to the Feedback and Licensee's confidential
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information (as provided in Section 1.7.1.2 above), which may
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be provided to NVIDIA in connection with Feedback by Licensee.
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Accordingly, Licensee agrees that nothing in this Agreement
|
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will be construed as a representation or inference that NVIDIA
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will not develop, design, manufacture, acquire, market
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products, or have products developed, designed, manufactured,
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acquired, or marketed for NVIDIA, that compete with the
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Licensee's products or confidential information.
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1.7.3. No Implied Licenses
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Under no circumstances should anything in this Agreement be
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construed as NVIDIA granting by implication, estoppel or
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otherwise, (i) a license to any NVIDIA product or technology
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other than the SOFTWARE; or (ii) any additional license rights
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for the SOFTWARE other than the licenses expressly granted in
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this Agreement.
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1.7.4.
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If any provision of this Agreement is inconsistent with, or
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cannot be fully enforced under, the law, such provision will
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be construed as limited to the extent necessary to be
|
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consistent with and fully enforceable under the law. This
|
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Agreement is the final, complete and exclusive agreement
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between the parties relating to the subject matter hereof, and
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supersedes all prior or contemporaneous understandings and
|
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agreements relating to such subject matter, whether oral or
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written. This Agreement may only be modified in writing signed
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by an authorized officer of NVIDIA. Licensee agrees that it
|
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will not ship, transfer or export the SOFTWARE into any
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country, or use the SOFTWARE in any manner, prohibited by the
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United States Bureau of Industry and Security or any export
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laws, restrictions or regulations.
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1.7.5.
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The parties agree that the following sections of the Agreement
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will survive the termination of the License: Section 1.2.1.4,
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Section 1.4, Section 1.5, Section 1.6, and Section 1.7.
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1.8. Attachment A
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Redistributable Software
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In connection with Section 1.2.1.1 of this Agreement, the
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following files may be redistributed with software
|
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applications developed by Licensee, including certain
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variations of these files that have version number or
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architecture specific information embedded in the file name -
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as an example only, for release version 6.0 of the 64-bit
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Windows software, the file cudart64_60.dll is redistributable.
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Component : CUDA Runtime
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Windows : cudart.dll, cudart_static.lib
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MacOS : libcudart.dylib, libcudart_static.a
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Linux : libcudart.so, libcudart_static.a
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Android : libcudart.so, libcudart_static.a
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Component : CUDA FFT Library
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Windows : cufft.dll
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MacOS : libcufft.dylib
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Linux : libcufft.so
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Android : libcufft.so
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Component : CUDA BLAS Library
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Windows : cublas.dll
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MacOS : libcublas.dylib
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Linux : libcublas.so
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Android : libcublas.so
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Component : CUDA Sparse Matrix Library
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Windows : cusparse.dll
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MacOs : libcusparse.dylib
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Linux : libcusparse.so
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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
|
|
("DEVELOPER" or "LICENSEE") AGREE TO BE BOUND BY THE FOLLOWING
|
|
TERMS AND CONDITIONS OF THIS AGREEMENT. IF DEVELOPER DOES NOT
|
|
AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN DO
|
|
NOT DOWNLOAD THE SOFTWARE AND MATERIALS.
|
|
|
|
The materials available for download to Developers may include
|
|
software in both sample source ("Source Code") and object code
|
|
("Object Code") versions, documentation ("Documentation"),
|
|
certain art work ("Art Assets") and other materials
|
|
(collectively, these materials referred to herein as
|
|
"Materials"). Except as expressly indicated herein, all terms
|
|
and conditions of this Agreement apply to all of the
|
|
Materials.
|
|
|
|
Except as expressly set forth herein, NVIDIA owns all of the
|
|
Materials and makes them available to Developer only under the
|
|
terms and conditions set forth in this Agreement.
|
|
|
|
|
|
2.1. License
|
|
|
|
Subject to the terms of this Agreement, NVIDIA hereby grants
|
|
to Developer a royalty-free, non-exclusive license to possess
|
|
and to use the Materials. Developer may install and use
|
|
multiple copies of the Materials on a shared computer or
|
|
concurrently on different computers, and make multiple back-up
|
|
copies of the Materials, 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.
|
|
|
|
The following terms apply to the specified type of Material.
|
|
|
|
|
|
2.1.1. Source Code
|
|
|
|
Developer shall have the right to modify and create derivative
|
|
works with the Source Code. Developer shall own any derivative
|
|
works ("Derivatives") it creates to the Source Code, provided
|
|
that Developer uses the Materials in accordance with the terms
|
|
and conditions of this Agreement. Developer may distribute the
|
|
Derivatives, provided that all NVIDIA copyright notices and
|
|
trademarks are propagated and used properly and the
|
|
Derivatives include the following statement: "This software
|
|
contains source code provided by NVIDIA Corporation."
|
|
|
|
|
|
2.1.2. Object Code
|
|
|
|
Developer agrees not to disassemble, decompile or reverse
|
|
engineer the Object Code versions of any of the Materials.
|
|
Developer acknowledges that certain of the Materials provided
|
|
in Object Code version may contain third party components that
|
|
may be subject to restrictions, and expressly agrees not to
|
|
attempt to modify or distribute such Materials without first
|
|
receiving consent from NVIDIA.
|
|
|
|
|
|
2.1.3. Art Assets
|
|
|
|
Developer shall have the right to modify and create
|
|
Derivatives of the Art Assets, but may not distribute any of
|
|
the Art Assets or Derivatives created therefrom without
|
|
NVIDIA's prior written consent.
|
|
|
|
|
|
2.1.4. No Other License
|
|
|
|
No rights or licenses with respect to any proprietary
|
|
information or patent, copyright, trade secret or other
|
|
intellectual property right owned or controlled by NVIDIA are
|
|
granted by NVIDIA to Developer under this Agreement, expressly
|
|
or by implication, except as expressly provided in this
|
|
Agreement. 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.
|
|
|
|
|
|
2.1.5. Intellectual Property Ownership
|
|
|
|
All rights, title, interest and copyrights in and to the
|
|
Materials (including but not limited to all images,
|
|
photographs, animations, video, audio, music, text, and other
|
|
information incorporated into the Materials), are owned by
|
|
NVIDIA, or its suppliers. The Materials are protected by
|
|
copyright laws and international treaty provisions.
|
|
Accordingly, Developer is required to treat the Materials like
|
|
any other copyrighted material, except as otherwise allowed
|
|
pursuant to this Agreement.
|
|
|
|
|
|
2.2. Term of Agreement
|
|
|
|
This Agreement is effective until (i) automatically terminated
|
|
if Developer fails to comply with any of the terms and
|
|
conditions of this Agreement; or (ii) terminated by NVIDIA.
|
|
NVIDIA may terminate this Agreement (and with it, all of
|
|
Developer's right to the Materials) immediately upon written
|
|
notice (which may include email) to Developer, with or without
|
|
cause. For the sake of clarity, Licensee may continue to use
|
|
the Derivatives created pursuant to this Agreement, after the
|
|
termination or expiration of this Agreement.
|
|
|
|
|
|
2.3. Defensive Suspension
|
|
|
|
If Developer 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.
|
|
|
|
|
|
2.4. No Support
|
|
|
|
NVIDIA has no obligation to support or to continue providing
|
|
or updating any of the Materials.
|
|
|
|
|
|
2.5. No Warranty
|
|
|
|
THE SOFTWARE AND ANY OTHER MATERIALS PROVIDED BY NVIDIA TO
|
|
DEVELOPER HEREUNDER ARE PROVIDED "AS IS." NVIDIA DISCLAIMS ALL
|
|
WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT
|
|
LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
|
|
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
|
|
|
|
|
|
2.6. Limitation of Liability
|
|
|
|
NVIDIA SHALL NOT BE LIABLE TO DEVELOPER, DEVELOPER'S
|
|
CUSTOMERS, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH OR
|
|
UNDER DEVELOPER FOR ANY LOSS OF PROFITS, INCOME, SAVINGS, OR
|
|
ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT
|
|
OR INDIRECT DAMAGES (WHETHER IN AN ACTION IN CONTRACT, TORT OR
|
|
BASED ON A WARRANTY), EVEN IF NVIDIA HAS BEEN ADVISED OF THE
|
|
POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY
|
|
NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY
|
|
LIMITED REMEDY. IN NO EVENT SHALL NVIDIA'S AGGREGATE LIABILITY
|
|
TO DEVELOPER OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH OR
|
|
UNDER DEVELOPER EXCEED THE AMOUNT OF MONEY ACTUALLY PAID BY
|
|
DEVELOPER TO NVIDIA FOR THE SOFTWARE OR ANY OTHER MATERIALS.
|
|
|
|
|
|
2.7. 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.
|
|
|
|
|
|
2.8. 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:
|
|
|
|
|
|
2.8.1. 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.
|
|
|
|
|
|
2.8.2. 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.
|
|
|
|
|
|
2.8.3. 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.
|
|
|
|
|
|
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
|
|
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
|
|
|
|
|
2.9. Freedom of Action
|
|
|
|
Developer 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 Developer's confidential
|
|
information (as provided in subsection 2 above), which may be
|
|
provided to NVIDIA in connection with Feedback by Developer.
|
|
Accordingly, Developer 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
|
|
Developer's products or confidential information.
|
|
|
|
|
|
2.10. Restricted Rights Notice
|
|
|
|
Materials have 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 license agreement under which
|
|
Materials 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.
|
|
|
|
|
|
2.11. Miscellaneous
|
|
|
|
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. Developer agrees that it
|
|
will not ship, transfer or export the Materials into any
|
|
country, or use the Materials in any manner, prohibited by the
|
|
United States Bureau of Industry and Security or any export
|
|
laws, restrictions or regulations.
|
|
|
|
|
|
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,
|
|
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 LICENSE does not cover
|
|
that sale, since it may not necessarily be sold as a package
|
|
with the SOFTWARE. This LICENSE sets forth the terms and
|
|
conditions of the SOFTWARE LICENSE only.
|
|
|
|
|
|
3.1. Definitions
|
|
|
|
|
|
3.1.1. Customer
|
|
|
|
Customer means the entity or individual that downloads the
|
|
SOFTWARE.
|
|
|
|
|
|
3.2. Grant of License
|
|
|
|
|
|
3.2.1. Rights and Limitations of Grant
|
|
|
|
NVIDIA hereby grants Customer the following non-exclusive,
|
|
non-transferable right to use the SOFTWARE, with the following
|
|
limitations:
|
|
|
|
|
|
3.2.1.1. 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%).
|
|
|
|
|
|
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
|
|
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).
|
|
|
|
|
|
3.2.1.3. 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.
|
|
|
|
|
|
3.3. 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.
|
|
|
|
|
|
3.4. 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.
|
|
|
|
|
|
3.5. Applicable Law
|
|
|
|
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
|
|
EXPRESS, IMPLIED, OR STATUTORY, RELATING TO OR ARISING FROM
|
|
THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, IMPLIED
|
|
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
|
|
PURPOSE, TITLE, AND NON-INFRINGEMENT. Without limiting the
|
|
foregoing, you are solely responsible for determining and
|
|
verifying that the SOFTWARE that you obtain and install is the
|
|
appropriate version for your model of graphics controller
|
|
board, operating system, and computer hardware.
|
|
|
|
|
|
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
|
|
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
|
|
|
|
|
3.7. System Updates (for the Windows platform only)
|
|
|
|
Customer hereby agrees and acknowledges that the SOFTWARE may
|
|
access, collect non-personally identifiable information about,
|
|
update, and configure Customer's system in order to properly
|
|
optimize such system for use with the SOFTWARE. To the extent
|
|
that Customer uses the SOFTWARE, Customer hereby consents to
|
|
all of the foregoing, and represent and warrant that Customer
|
|
has the right to grant such consent. In addition, Customer
|
|
agrees that Customer is solely responsible for maintaining
|
|
appropriate data backups and system restore points for
|
|
Customer's system, and that NVIDIA will have no responsibility
|
|
for any damage or loss to such system (including loss of data
|
|
or access) arising from or relating to (a) any changes to the
|
|
configuration, application settings, environment variables,
|
|
registry, drivers, BIOS, or other attributes of the system (or
|
|
any part of such system) initiated through the SOFTWARE; or
|
|
(b) installation of any SOFTWARE or third party software
|
|
patches through the NVIDIA Update Service. The SOFTWARE may
|
|
contain links to websites and services. We encourage you to
|
|
review the privacy statements on those sites and services that
|
|
you choose to visit so that you can understand how they may
|
|
collect, use and share your personal information. NVIDIA is
|
|
not responsible for the privacy statements or practices of
|
|
sites and services controlled by other companies or
|
|
organizations.
|
|
|
|
Registration and Customer Information. Customer represents and
|
|
warrants that the non-personally identifiable information that
|
|
Customer has furnished in connection with its registration for
|
|
the SOFTWARE is complete and accurate. Customer also
|
|
acknowledges that from time to time, NVIDIA may collect, use,
|
|
and disclose such information about Customer and/or Customer's
|
|
system in connection with the SOFTWARE in accordance with
|
|
NVIDIA's privacy policy, available at URL
|
|
http://www.nvidia.com/object/privacy_policy.html. If Customer
|
|
does not wish the SOFTWARE to provide system updates as
|
|
described in this Section 3.7, uncheck "Automatically check
|
|
for updates" in the "Preferences" tab of the applicable NVIDIA
|
|
Update control panel for the SOFTWARE.
|
|
|
|
|
|
3.8. Miscellaneous
|
|
|
|
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
|
|
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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