254 lines
13 KiB
Text
254 lines
13 KiB
Text
License Agreement for NVIDIA Performance Primitives Library
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IMPORTANT NOTICE -- READ CAREFULLY: This License Agreement ("License") for
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NVIDIA Performance Primitives Library, including computer software and
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associated documentation (“Software”), is the LICENSE which governs use of the
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SOFTWARE of NVIDIA Corporation and its subsidiaries ("NVIDIA") downloadable
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herefrom. By downloading, installing, copying, or otherwise using the SOFTWARE,
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You (as defined below) agree to be bound by the terms of this LICENSE. If You
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do not agree to the terms of this LICENSE, do not download the SOFTWARE.
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RECITALS
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Use of NVIDIA's products requires three elements: the SOFTWARE, the NVIDIA GPU,
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and a computer system. The SOFTWARE is protected by copyright laws and
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international copyright treaties, as well as other intellectual property laws
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and treaties. The SOFTWARE is not sold, and instead is only licensed for Your
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use, strictly in accordance with this document. The hardware is protected by
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various patents, and is sold, but this LICENSE does not cover that sale, since
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it may not necessarily be sold as a package with the SOFTWARE. This LICENSE
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sets forth the terms and conditions of the SOFTWARE LICENSE only.
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1. DEFINITIONS
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1.1 Licensee. “Licensee,” “You,” or “Your” shall mean the entity or individual
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that downloads and uses the SOFTWARE.
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2. GRANT OF LICENSE
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2.1 Rights and Limitations of Grant. NVIDIA hereby grants Licensee the
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following non-exclusive, non-transferable, non-sublicensable (except as stated
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otherwise below) right to use the SOFTWARE, with the following limitations:
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2.1.1 Usage Rights. Licensee may install and use multiple copies of the
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SOFTWARE on a shared computer or concurrently on different computers, and make
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multiple back-up copies of the SOFTWARE, solely for Licensee’s use within
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Licensee’s Enterprise. “Enterprise” shall mean individual use by Licensee or
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any legal entity (such as a corporation or university) and the subsidiaries it
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owns by more than 50 percent.
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2.1.2 Source Code Rights: Developer shall have the right to modify and create
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derivative works with the sample source code (“Source Code”) provided in
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connection with the Software. Developer shall own any derivative works (
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"Derivatives") it creates to the Source Code, provided that Developer uses the
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Source Code and derivative works thereof in accordance with the terms and
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conditions of this Agreement. Developer may distribute their derivative works
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of the Source Code, provided that all NVIDIA copyright notices and trademarks
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are used properly and such derivative works include the following statement:
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"This software contains source code provided by NVIDIA Corporation."
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2.1.3 Object Code: Developer agrees not to disassemble, decompile or reverse
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engineer the Object Code versions of any of the Software. Developer
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acknowledges that certain of the Software provided in Object Code version may
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contain third party components that may be subject to restrictions, and
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expressly agrees not to attempt to modify or distribute such Software without
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first receiving consent from NVIDIA.
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2.1.4 Redistribution Rights. Licensee may, transfer, redistribute and
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sublicense certain files of the SOFTWARE, as referenced in Attachment A of this
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Agreement; provided, however Licensee shall only install such files into a
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private (non-shared) directory location that is used only by Licensee’s
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product.
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2.1.5 Linux/FreeBSD Exception. Notwithstanding the foregoing terms of Section
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2.1.1, SOFTWARE designed exclusively for use on the Linux or FreeBSD operating
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systems, or other operating systems derived from the source code to these
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operating systems, may be copied and redistributed, provided that the binary
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files thereof are not modified in any way (except for unzipping of compressed
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files).
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2.1.6 Limitations.
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No Reverse Engineering. Licensee may not reverse engineer, decompile, or
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disassemble the SOFTWARE, nor attempt in any other manner to obtain the source
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code.
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No Separation of Components. The SOFTWARE is licensed as a single product.
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Except as authorized in this Agreement, Software component parts of the
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Software may not be separated for use on more than one computer, nor otherwise
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used separately from the other parts.
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No Rental. Licensee may not rent or lease the SOFTWARE to someone else.
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3. TERMINATION
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This LICENSE will automatically terminate if Licensee fails to comply with any
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of the terms and conditions hereof. In such event, Licensee must destroy all
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copies of the SOFTWARE and all of its component parts.
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Defensive Suspension. If Licensee commences or participates in any legal
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proceeding against NVIDIA, then NVIDIA may, in its sole discretion, suspend or
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terminate all license grants and any other rights provided under this LICENSE
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during the pendency of such legal proceedings.
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4. COPYRIGHT
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All rights, title, interest and copyrights in and to the SOFTWARE (including
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but not limited to all images, photographs, animations, video, audio, music,
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text, and other information incorporated into the SOFTWARE), the accompanying
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printed materials, and any copies of the SOFTWARE, are owned by NVIDIA, or its
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suppliers. The SOFTWARE is protected by copyright laws and international treaty
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provisions. Accordingly, Licensee is required to treat the SOFTWARE like any
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other copyrighted material, except as otherwise allowed pursuant to this
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LICENSE and that it may make one copy of the SOFTWARE solely for backup or
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archive purposes.
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RESTRICTED RIGHTS NOTICE. Software has been developed entirely at private
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expense and is commercial computer software provided with RESTRICTED RIGHTS.
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Use, duplication or 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 license agreement
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under which Software was obtained pursuant to DFARS 227.7202-3(a) or as set
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forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software -
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Restricted Rights clause at FAR 52.227-19, as applicable. Contractor/
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manufacturer is NVIDIA, 2701 San Tomas Expressway, Santa Clara, CA 95050
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5. APPLICABLE LAW
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This LICENSE shall be deemed to have been made in, and shall be construed
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pursuant to, the laws of the State of Delaware. The United Nations Convention
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on Contracts for the International Sale of Goods is specifically disclaimed.
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6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
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6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
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SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS DISCLAIM ALL
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WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
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WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
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6.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY
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APPLICABLE LAW, IN NO EVENT SHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY
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SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING,
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WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
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INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)
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ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS
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BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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6.3 No Support. NVIDIA has no obligation to support or to provide any updates
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of the Software.
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7. MISCELLANEOUS
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7.1 Feedback. In the event Licensee contacts NVIDIA to request Feedback (as
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defined below) on how to design, implement, or optimize Licensee’s product for
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use with the SOFTWARE, the following terms and conditions apply the Feedback:
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1. Exchange of Feedback. Both parties agree that neither party has an
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obligation to give the other party any suggestions, comments or other feedback,
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whether verbally or in code form (“Feedback”), relating to (i) the SOFTWARE;
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(ii) Licensee’s products; (iii) Licensee’s use of the SOFTWARE; or (iv)
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optimization of Licensee’s product with the SOFTWARE. In the event either
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party provides Feedback to the other party, the party receiving the Feedback
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may use and include any Feedback that the other party voluntarily provides to
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improve the (i) SOFTWARE or other related NVIDIA technologies, respectively for
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the benefit of NVIDIA; or (ii) Licensee’s product or other related Licensee
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technologies, respectively for the benefit of Licensee. Accordingly, if either
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party provides Feedback to the other party, both parties agree that the other
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party and its respective licensees may freely use, reproduce, license,
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distribute, and otherwise commercialize the Feedback in the (i) SOFTWARE or
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other related technologies; or (ii) Licensee’s products or other related
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technologies, respectively, without the payment of any royalties or fees.
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2. Residual Rights. Licensee agrees that NVIDIA shall be free to use any
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general knowledge, skills and experience, (including, but not limited to,
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ideas, concepts, know-how, or techniques) (“Residuals”), contained in the (i)
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Feedback provided by Licensee to NVIDIA; (ii) Licensee’s products shared or
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disclosed to NVIDIA in connection with the Feedback; or (c) Licensee’s
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confidential information voluntarily provided to NVIDIA in connection with the
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Feedback, which are retained in the memories of NVIDIA’s employees, agents, or
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contractors who have had access to such (i) Feedback provided by Licensee to
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NVIDIA; (ii) Licensee’s products; or (c) Licensee’s confidential information
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voluntarily provided to NVIDIA, in connection with the Feedback. Subject to
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the terms and conditions of this Agreement, NVIDIA’s employees, agents, or
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contractors shall not be prevented from using Residuals as part of such
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employee’s, agent’s or contractor’s general knowledge, skills, experience,
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talent, and/or expertise. NVIDIA shall not have any obligation to limit or
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restrict the assignment of such employees, agents or contractors or to pay
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royalties for any work resulting from the use of Residuals.
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3. Disclaimer of Warranty. FEEDBACK FROM EITHER PARTY IS PROVIDED FOR THE OTHER
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PARTY’S USE “AS IS” AND BOTH PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED
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AND STATUTORY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
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MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BOTH PARTIES DO NOT
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REPRESENT OR WARRANT THAT THE FEEDBACK WILL MEET THE OTHER PARTY’S REQUIREMENTS
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OR THAT THE OPERATION OR IMPLEMENTATION OF THE FEEDBACK WILL BE UNINTERRUPTED
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OR ERROR-FREE.
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4. No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY
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APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY OR ITS SUPPLIERS BE LIABLE FOR
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ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
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(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
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INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)
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ARISING OUT OF THE USE OF OR INABILITY TO USE THE FEEDBACK, EVEN IF THE OTHER
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PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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5. Freedom of Action. Licensee agrees that this Agreement is nonexclusive and
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NVIDIA may currently or in the future be developing software, other technology
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or confidential information internally, or receiving confidential information
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from other parties that maybe similar to the Feedback and Licensee’s
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confidential information (as provided in Section 7.1.2 above), which may be
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provided to NVIDIA in connection with Feedback by Licensee. Accordingly,
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Licensee agrees that nothing in this Agreement will be construed as a
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representation or inference that NVIDIA will not develop, design, manufacture,
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acquire, market products, or have products developed, designed, manufactured,
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acquired, or marketed for NVIDIA, that compete with the Licensee’s products or
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confidential information.
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6. No Implied Licenses. Under no circumstances should anything in this
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Agreement be construed as NVIDIA granting by implication, estoppel or
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otherwise, (i) a license to any NVIDIA product or technology other than the SOFTWARE; or
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(ii) any additional license rights for the SOFTWARE other than the licenses
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expressly granted in this Agreement.
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7.2 If any provision of this LICENSE is inconsistent with, or cannot be fully
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enforced under, the law, such provision will be construed as limited to the
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extent necessary to be consistent with and fully enforceable under the law.
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This LICENSE is the final, complete and exclusive agreement between the parties
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relating to the subject matter hereof, and supersedes all prior or
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contemporaneous understandings and agreements relating to such subject matter,
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whether oral or written. This LICENSE may only be modified in writing signed
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by an authorized officer of NVIDIA. Licensee agrees that it will not ship,
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transfer or export the SOFTWARE into any country, or use the SOFTWARE in any
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manner, prohibited by the United States Bureau of Industry and Security or
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any export laws, restrictions or regulations.
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ATTACHMENT A
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Redistributable Components
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The following files may be redistributed with software applications developed
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by Licensee.
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NPP headers npp.h, nppcore.h,
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nppdefs.h, nppi.h,
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nppversion.h
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Windows npp.lib,
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npp32_32_16.dll,
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npp64_32_16.dll,
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MacOS libnpp32.3.2.dylib,
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libnpp64.3.2.dylib,
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Linux libnpp64.so.3.2.16,
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libnpp32.so.3.2.16,
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The following terms and conditions apply to Licensee’s use of the components
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listed above (“Redistributable Components”) of the SOFTWARE:
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1. Customer may transfer, redistribute or sublicense, the license rights
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pursuant to Section 2.1.1 of this Agreement in connection with the
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Redistributable Components to end users of Licensee’s products.
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