Gentoo Archives: gentoo-commits

From: Marius Brehler <marbre@××××××××××××××.de>
To: gentoo-commits@l.g.o
Subject: [gentoo-commits] proj/sci:master commit in: licenses/
Date: Mon, 30 May 2016 08:52:20
Message-Id: 1464597858.8b11004681962c01d3ba620522c71597d8e28795.marbre@gentoo
1 commit: 8b11004681962c01d3ba620522c71597d8e28795
2 Author: Marius Brehler <marbre <AT> linux <DOT> sungazer <DOT> de>
3 AuthorDate: Mon May 30 08:44:18 2016 +0000
4 Commit: Marius Brehler <marbre <AT> linux <DOT> sungazer <DOT> de>
5 CommitDate: Mon May 30 08:44:18 2016 +0000
6 URL: https://gitweb.gentoo.org/proj/sci.git/commit/?id=8b110046
7
8 license: Add updates updated NVIDIA-CUDA license
9
10 licenses/NVIDIA-CUDA | 2297 ++++++++++++++++++++++++++++++++++++++++++++++++++
11 1 file changed, 2297 insertions(+)
12
13 diff --git a/licenses/NVIDIA-CUDA b/licenses/NVIDIA-CUDA
14 new file mode 100644
15 index 0000000..e101b27
16 --- /dev/null
17 +++ b/licenses/NVIDIA-CUDA
18 @@ -0,0 +1,2297 @@
19 +End User License Agreement
20 +--------------------------
21 +
22 +
23 +Preface
24 +-------
25 +
26 +The following contains specific license terms and conditions
27 +for four separate NVIDIA products. By accepting this
28 +agreement, you agree to comply with all the terms and
29 +conditions applicable to the specific product(s) included
30 +herein.
31 +
32 +
33 +NVIDIA CUDA Toolkit
34 +
35 +
36 +Description
37 +
38 +The NVIDIA CUDA Toolkit provides command-line and graphical
39 +tools for building, debugging and optimizing the performance
40 +of applications accelerated by NVIDIA GPUs, runtime and math
41 +libraries, and documentation including programming guides,
42 +user manuals, and API references. The NVIDIA CUDA Toolkit
43 +License Agreement is available in Chapter 1.
44 +
45 +
46 +Default Install Location of CUDA Toolkit
47 +
48 +Windows platform:
49 +
50 +%ProgramFiles%\NVIDIA GPU Computing Toolkit\CUDA\v#.#
51 +
52 +Linux platform:
53 +
54 +/usr/local/cuda-#.#
55 +
56 +Mac platform:
57 +
58 +/Developer/NVIDIA/CUDA-#.#
59 +
60 +
61 +NVIDIA CUDA Samples
62 +
63 +
64 +Description
65 +
66 +This package includes over 100+ CUDA examples that demonstrate
67 +various CUDA programming principles, and efficient CUDA
68 +implementation of algorithms in specific application domains.
69 +The NVIDIA CUDA Samples License Agreement is available in
70 +Chapter 2.
71 +
72 +
73 +Default Install Location of CUDA Samples
74 +
75 +Windows platform:
76 +
77 +%ProgramData%\NVIDIA Corporation\CUDA Samples\v#.#
78 +
79 +Linux platform:
80 +
81 +/usr/local/cuda-#.#/samples
82 +
83 +and
84 +
85 +$HOME/NVIDIA_CUDA-#.#_Samples
86 +
87 +Mac platform:
88 +
89 +/Developer/NVIDIA/CUDA-#.#/samples
90 +
91 +
92 +NVIDIA Driver
93 +
94 +
95 +Description
96 +
97 +This package contains the operating system driver and
98 +fundamental system software components for NVIDIA GPUs. The
99 +NVIDIA Driver License for the Windows platform is available in
100 +Chapter 3, and the NVIDIA Driver License for the Linux and Mac
101 +OSX platforms is available in Chapter 4.
102 +
103 +
104 +NVIDIA Nsight Visual Studio Edition (Windows only)
105 +
106 +
107 +Description
108 +
109 +NVIDIA Nsight Development Platform, Visual Studio Edition is a
110 +development environment integrated into Microsoft Visual
111 +Studio that provides tools for debugging, profiling, analyzing
112 +and optimizing your GPU computing and graphics applications.
113 +The NVIDIA Nsight Visual Studio Edition License Agreement is
114 +available in Chapter 5.
115 +
116 +
117 +Default Install Location of Nsight Visual Studio Edition
118 +
119 +Windows platform:
120 +
121 +%ProgramFiles(x86)%\NVIDIA Corporation\Nsight Visual Studio Edition #.#
122 +
123 +
124 +NVIDIA CUDA General Terms
125 +
126 +
127 +Description
128 +
129 +General terms that apply to all of the software components are
130 +available in Chapter 6.
131 +
132 +
133 +1. NVIDIA CUDA Toolkit License Agreement
134 +----------------------------------------
135 +
136 +
137 +Important Notice
138 +----------------
139 +
140 +READ CAREFULLY: This Software License Agreement ("Agreement")
141 +for NVIDIA CUDA Toolkit, including computer software and
142 +associated documentation ("Software"), is the Agreement which
143 +governs use of the SOFTWARE of NVIDIA Corporation and its
144 +subsidiaries ("NVIDIA") downloadable herefrom. By downloading,
145 +installing, copying, or otherwise using the SOFTWARE, You (as
146 +defined below) agree to be bound by the terms of this
147 +Agreement. If You do not agree to the terms of this Agreement,
148 +do not download the SOFTWARE.
149 +
150 +
151 +Recitals
152 +--------
153 +
154 +Use of NVIDIA's SOFTWARE requires three elements: the
155 +SOFTWARE, an NVIDIA GPU or application processor ("NVIDIA
156 +Hardware"), and a computer system. The SOFTWARE is protected
157 +by copyright laws and international copyright treaties, as
158 +well as other intellectual property laws and treaties. The
159 +SOFTWARE is not sold, and instead is only licensed for Your
160 +use, strictly in accordance with this Agreement. The NVIDIA
161 +Hardware is protected by various patents, and is sold, but
162 +this Agreement does not cover the sale or use of such
163 +hardware, since it may not necessarily be sold as a package
164 +with the SOFTWARE. This Agreement sets forth the terms and
165 +conditions of the SOFTWARE only.
166 +
167 +
168 +1.1. Definitions
169 +
170 +
171 +1.1.1. Licensee
172 +
173 +"You", or "Your" shall mean the entity or individual that
174 +downloads and uses the SOFTWARE.
175 +
176 +
177 +1.1.2. Redistributable Software
178 +
179 +"Redistributable Software" shall mean the redistributable
180 +libraries referenced in Attachment A of this Agreement.
181 +
182 +
183 +1.1.3. Software
184 +
185 +"SOFTWARE" shall mean the deliverables provided pursuant to
186 +this Agreement. SOFTWARE may be provided in either source or
187 +binary form, at NVIDIA's discretion.
188 +
189 +
190 +1.2. Grant of License
191 +
192 +
193 +1.2.1. Rights and Limitations of Grant
194 +
195 +Provided that Licensee complies with the terms of this
196 +Agreement, NVIDIA hereby grants Licensee the following
197 +limited, non-exclusive, non-transferable, non-sublicensable
198 +(except as expressly permitted otherwise for Redistributable
199 +Software in Section 1.2.1.1 and Section 1.2.1.3 of this
200 +Agreement) right to use the SOFTWARE -- and, if the SOFTWARE
201 +is provided in source form, to compile the SOFTWARE -- with
202 +the following limitations:
203 +
204 +
205 +1.2.1.1. Redistribution Rights
206 +
207 +Licensee may transfer, redistribute, and sublicense certain
208 +files of the Redistributable SOFTWARE, as defined in
209 +Attachment A of this Agreement, provided, however, that (a)
210 +the Redistributable SOFTWARE shall be distributed solely in
211 +binary form to Licensee's licensees ("Customers") only as a
212 +component of Licensee's own software products (each, a
213 +"Licensee Application"); (b) Licensee shall design the
214 +Licensee Application such that the Redistributable SOFTWARE
215 +files are installed only in a private (non-shared) directory
216 +location that is used only by the Licensee Application; (c)
217 +Licensee shall obtain each Customer's written or clickwrap
218 +agreement to the license terms under a written, legally
219 +enforceable agreement that has the effect of protecting the
220 +SOFTWARE and the rights of NVIDIA under terms no less
221 +restrictive than this Agreement.
222 +
223 +
224 +1.2.1.2. Usage Rights
225 +
226 +Licensee may install and use multiple copies of the SOFTWARE
227 +on a shared computer or concurrently on different computers,
228 +and make multiple back-up copies of the SOFTWARE, solely for
229 +Licensee's use within Licensee's Enterprise. "Enterprise"
230 +shall mean individual use by Licensee or any legal entity
231 +(such as a corporation or university) and the subsidiaries it
232 +owns by more than 50 percent.
233 +
234 +
235 +1.2.1.3. Further Redistribution Rights
236 +
237 +Subject to the terms and conditions of the Agreement, Licensee
238 +may authorize Customers to further redistribute the
239 +Redistributable SOFTWARE that such Customers receive as part
240 +of the Licensee Application, solely in binary form, provided,
241 +however, that Licensee shall require in their standard
242 +software license agreements with Customers that all such
243 +redistributions must be made pursuant to a license agreement
244 +that has the effect of protecting the SOFTWARE and the rights
245 +of NVIDIA whose terms and conditions are at least as
246 +restrictive as those in the applicable Licensee software
247 +license agreement covering the Licensee Application. For
248 +avoidance of doubt, termination of this Agreement shall not
249 +affect rights previously granted by Licensee to its Customers
250 +under this Agreement to the extent validly granted to
251 +Customers under Section 1.2.1.1.
252 +
253 +
254 +1.2.1.4. Linux/FreeBSD Exception
255 +
256 +Notwithstanding the foregoing terms of Section 1.2.1.2,
257 +Section 1.2.1.1 and Section 1.2.1.3, SOFTWARE designed
258 +exclusively for use on the Linux or FreeBSD operating systems,
259 +or other operating systems derived from the source code to
260 +these operating systems, may be copied and redistributed,
261 +provided that the binary files thereof are not modified in any
262 +way (except for unzipping of compressed files).
263 +
264 +
265 +1.2.1.5. Additional Licensing Obligations
266 +
267 +Licensee acknowledges and agrees that its use of certain third
268 +party components included with the SOFTWARE may be subject to
269 +additional licensing terms and conditions as set forth or
270 +referenced in Attachment B of this Agreement.
271 +
272 +
273 +1.2.1.6. Limitations
274 +
275 +No Reverse Engineering
276 +
277 +If the SOFTWARE is provided in binary form, Licensee may not
278 +reverse engineer, decompile, or disassemble the SOFTWARE, nor
279 +attempt in any other manner to obtain the source code.
280 +
281 +No Separation of Components
282 +
283 +The SOFTWARE is licensed as a single product. Except as
284 +authorized in this Agreement, Software component parts of the
285 +Software may not be separated for use on more than one
286 +computer, nor otherwise used separately from the other parts.
287 +
288 +No Rental
289 +
290 +Licensee may not rent or lease the SOFTWARE to someone else.
291 +
292 +No Modifications
293 +
294 +If the SOFTWARE is provided in source form, Licensee may not
295 +modify or create derivative works of the SOFTWARE.
296 +
297 +
298 +1.3. Term and Termination
299 +
300 +This Agreement will continue in effect for two (2) years
301 +("Initial Term") after Your initial download and use of the
302 +SOFTWARE, subject to the exclusive right of NVIDIA to
303 +terminate as provided herein. The term of this Agreement will
304 +automatically renew for successive one (1) year renewal terms
305 +after the Initial Term, unless either party provides to the
306 +other party at least three (3) months prior written notice of
307 +termination before the end of the applicable renewal term.
308 +
309 +This Agreement will automatically terminate if Licensee fails
310 +to comply with any of the terms and conditions hereof. In such
311 +event, Licensee must destroy all copies of the SOFTWARE and
312 +all of its component parts.
313 +
314 +
315 +Defensive Suspension
316 +
317 +If Licensee commences or participates in any legal proceeding
318 +against NVIDIA, then NVIDIA may, in its sole discretion,
319 +suspend or terminate all license grants and any other rights
320 +provided under this Agreement during the pendency of such
321 +legal proceedings.
322 +
323 +
324 +1.4. Copyright
325 +
326 +All rights, title, interest and copyrights in and to the
327 +SOFTWARE (including but not limited to all images,
328 +photographs, animations, video, audio, music, text, and other
329 +information incorporated into the SOFTWARE), the accompanying
330 +printed materials, and any copies of the SOFTWARE, are owned
331 +by NVIDIA, or its suppliers. The SOFTWARE is protected by
332 +copyright laws and international treaty provisions.
333 +Accordingly, Licensee is required to treat the SOFTWARE like
334 +any other copyrighted material, except as otherwise allowed
335 +pursuant to this Agreement and that it may make one copy of
336 +the SOFTWARE solely for backup or archive purposes.
337 +
338 +RESTRICTED RIGHTS NOTICE. Software has been developed entirely
339 +at private expense and is commercial computer software
340 +provided with RESTRICTED RIGHTS. Use, duplication or
341 +disclosure by the U.S. Government or a U.S. Government
342 +subcontractor is subject to the restrictions set forth in the
343 +Agreement under which Software was obtained pursuant to DFARS
344 +227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2)
345 +of the Commercial Computer Software - Restricted Rights clause
346 +at FAR 52.227-19, as applicable. Contractor/manufacturer is
347 +NVIDIA, 2701 San Tomas Expressway, Santa Clara, CA 95050.
348 +
349 +
350 +1.5. Applicable Law
351 +
352 +This Agreement shall be deemed to have been made in, and shall
353 +be construed pursuant to, the laws of the State of Delaware.
354 +The United Nations Convention on Contracts for the
355 +International Sale of Goods is specifically disclaimed. The
356 +courts of Santa Clara County, California shall have exclusive
357 +jurisdiction and venue over any dispute arising out of or
358 +relating to this Agreement.
359 +
360 +
361 +1.6. Disclaimer of Warranties and Limitations on Liability
362 +
363 +
364 +1.6.1. No Warranties
365 +
366 +TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
367 +SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS
368 +DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING,
369 +BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
370 +FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
371 +
372 +
373 +1.6.2. No Liability for Consequential Damages
374 +
375 +TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
376 +SHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
377 +INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
378 +(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
379 +PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
380 +OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
381 +INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED
382 +OF THE POSSIBILITY OF SUCH DAMAGES.
383 +
384 +
385 +1.6.3. No Support
386 +
387 +NVIDIA has no obligation to support or to provide any updates
388 +of the Software.
389 +
390 +
391 +1.7. Miscellaneous
392 +
393 +
394 +1.7.1. Feedback
395 +
396 +Notwithstanding any Non-Disclosure Agreement executed by and
397 +between the parties, the parties agree that in the event
398 +Licensee or NVIDIA provides Feedback (as defined below) to the
399 +other party on how to design, implement, or improve the
400 +SOFTWARE or Licensee's product(s) for use with the SOFTWARE,
401 +the following terms and conditions apply the Feedback:
402 +
403 +
404 +1.7.1.1. Exchange of Feedback
405 +
406 +Both parties agree that neither party has an obligation to
407 +give the other party any suggestions, comments or other
408 +feedback, whether verbally or in written or source code form,
409 +relating to (i) the SOFTWARE; (ii) Licensee's products; (iii)
410 +Licensee's use of the SOFTWARE; or (iv)
411 +optimization/interoperability of Licensee's product with the
412 +SOFTWARE (collectively defined as "Feedback"). In the event
413 +either party provides Feedback to the other party, the party
414 +receiving the Feedback may use any Feedback that the other
415 +party voluntarily provides to improve the (i) SOFTWARE or
416 +other related NVIDIA technologies, respectively for the
417 +benefit of NVIDIA; or (ii) Licensee's product or other related
418 +Licensee technologies, respectively for the benefit of
419 +Licensee. Accordingly, if either party provides Feedback to
420 +the other party, both parties agree that the other party and
421 +its respective licensees may freely use, reproduce, license,
422 +distribute, and otherwise commercialize the Feedback in the
423 +(i) SOFTWARE or other related technologies; or (ii) Licensee's
424 +products or other related technologies, respectively, without
425 +the payment of any royalties or fees.
426 +
427 +
428 +1.7.1.2. Residual Rights
429 +
430 +Licensee agrees that NVIDIA shall be free to use any general
431 +knowledge, skills and experience, (including, but not limited
432 +to, ideas, concepts, know-how, or techniques) ("Residuals"),
433 +contained in the (i) Feedback provided by Licensee to NVIDIA;
434 +(ii) Licensee's products shared or disclosed to NVIDIA in
435 +connection with the Feedback; or (c) Licensee's confidential
436 +information voluntarily provided to NVIDIA in connection with
437 +the Feedback, which are retained in the memories of NVIDIA's
438 +employees, agents, or contractors who have had access to such
439 +Residuals. Subject to the terms and conditions of this
440 +Agreement, NVIDIA's employees, agents, or contractors shall
441 +not be prevented from using Residuals as part of such
442 +employee's, agent's or contractor's general knowledge, skills,
443 +experience, talent, and/or expertise. NVIDIA shall not have
444 +any obligation to limit or restrict the assignment of such
445 +employees, agents or contractors or to pay royalties for any
446 +work resulting from the use of Residuals.
447 +
448 +
449 +1.7.1.3. Disclaimer of Warranty
450 +
451 +FEEDBACK FROM EITHER PARTY IS PROVIDED FOR THE OTHER PARTY'S
452 +USE "AS IS" AND BOTH PARTIES DISCLAIM ALL WARRANTIES, EXPRESS,
453 +IMPLIED AND STATUTORY INCLUDING, WITHOUT LIMITATION, THE
454 +IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
455 +PARTICULAR PURPOSE, OR NONINFRINGEMENT. BOTH PARTIES DO NOT
456 +REPRESENT OR WARRANT THAT THE FEEDBACK WILL MEET THE OTHER
457 +PARTY'S REQUIREMENTS OR THAT THE OPERATION OR IMPLEMENTATION
458 +OF THE FEEDBACK WILL BE UNINTERRUPTED OR ERROR-FREE.
459 +
460 +
461 +1.7.1.4. No Liability for Consequential Damages
462 +
463 +TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
464 +SHALL EITHER PARTY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
465 +INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
466 +(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
467 +PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
468 +OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
469 +INABILITY TO USE THE FEEDBACK, EVEN IF THE OTHER PARTY HAS
470 +BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
471 +
472 +
473 +1.7.2. Freedom of Action
474 +
475 +Licensee agrees that this Agreement is nonexclusive and NVIDIA
476 +may currently or in the future be developing software, other
477 +technology or confidential information internally, or
478 +receiving confidential information from other parties that
479 +maybe similar to the Feedback and Licensee's confidential
480 +information (as provided in Section 1.7.1.2 above), which may
481 +be provided to NVIDIA in connection with Feedback by Licensee.
482 +Accordingly, Licensee agrees that nothing in this Agreement
483 +will be construed as a representation or inference that NVIDIA
484 +will not develop, design, manufacture, acquire, market
485 +products, or have products developed, designed, manufactured,
486 +acquired, or marketed for NVIDIA, that compete with the
487 +Licensee's products or confidential information.
488 +
489 +
490 +1.7.3. No Implied Licenses
491 +
492 +Under no circumstances should anything in this Agreement be
493 +construed as NVIDIA granting by implication, estoppel or
494 +otherwise, (i) a license to any NVIDIA product or technology
495 +other than the SOFTWARE; or (ii) any additional license rights
496 +for the SOFTWARE other than the licenses expressly granted in
497 +this Agreement.
498 +
499 +
500 +1.7.4.
501 +
502 +If any provision of this Agreement is inconsistent with, or
503 +cannot be fully enforced under, the law, such provision will
504 +be construed as limited to the extent necessary to be
505 +consistent with and fully enforceable under the law. This
506 +Agreement is the final, complete and exclusive agreement
507 +between the parties relating to the subject matter hereof, and
508 +supersedes all prior or contemporaneous understandings and
509 +agreements relating to such subject matter, whether oral or
510 +written. This Agreement may only be modified in writing signed
511 +by an authorized officer of NVIDIA. Licensee agrees that it
512 +will not ship, transfer or export the SOFTWARE into any
513 +country, or use the SOFTWARE in any manner, prohibited by the
514 +United States Bureau of Industry and Security or any export
515 +laws, restrictions or regulations.
516 +
517 +
518 +1.7.5.
519 +
520 +The parties agree that the following sections of the Agreement
521 +will survive the termination of the License: Section 1.2.1.4,
522 +Section 1.4, Section 1.5, Section 1.6, and Section 1.7.
523 +
524 +
525 +1.8. Attachment A
526 +
527 +
528 +Redistributable Software
529 +
530 +In connection with Section 1.2.1.1 of this Agreement, the
531 +following files may be redistributed with software
532 +applications developed by Licensee, including certain
533 +variations of these files that have version number or
534 +architecture specific information embedded in the file name -
535 +as an example only, for release version 6.0 of the 64-bit
536 +Windows software, the file cudart64_60.dll is redistributable.
537 +
538 +Component : CUDA Runtime
539 + Windows : cudart.dll, cudart_static.lib, cudadevrt.lib
540 + Mac OSX : libcudart.dylib, libcudart_static.a, libcudadevrt.a
541 + Linux : libcudart.so, libcudart_static.a, libcudadevrt.a
542 + Android : libcudart.so, libcudart_static.a, libcudadevrt.a
543 +
544 +Component : CUDA FFT Library
545 + Windows : cufft.dll, cufftw.dll
546 + Mac OSX : libcufft.dylib, libcufft_static.a, libcufftw.dylib, libcufftw_static.a
547 + Linux : libcufft.so, libcufft_static.a, libcufftw.so, libcufftw_static.a
548 + Android : libcufft.so, libcufft_static.a, libcufftw.so, libcufftw_static.a
549 +
550 +Component : CUDA BLAS Library
551 + Windows : cublas.dll, cublas_device.lib
552 + Mac OSX : libcublas.dylib, libcublas_static.a, libcublas_device.a
553 + Linux : libcublas.so, libcublas_static.a, libcublas_device.a
554 + Android : libcublas.so, libcublas_static.a, libcublas_device.a
555 +
556 +Component : NVIDIA "Drop-in" BLAS Library
557 + Windows : nvblas.dll
558 + Mac OSX : libnvblas.dylib
559 + Linux : libnvblas.so
560 +
561 +Component : CUDA Sparse Matrix Library
562 + Windows : cusparse.dll
563 + Mac OSX : libcusparse.dylib, libcusparse_static.a
564 + Linux : libcusparse.so, libcusparse_static.a
565 + Android : libcusparse.so, libcusparse_static.a
566 +
567 +Component : CUDA Linear Solver Library
568 + Windows : cusolver.dll
569 + Mac OSX : libcusolver.dylib, libcusolver_static.a
570 + Linux : libcusolver.so, libcusolver_static.a
571 + Android : libcusolver.so, libcusolver_static.a
572 +
573 +Component : CUDA Random Number Generation Library
574 + Windows : curand.dll
575 + Mac OSX : libcurand.dylib, libcurand_static.a
576 + Linux : libcurand.so, libcurand_static.a
577 + Android : libcurand.so, libcurand_static.a
578 +
579 +Component : NVIDIA Performance Primitives Library
580 + Windows : nppc.dll, nppi.dll, npps.dll
581 + Mac OSX : libnppc.dylib, libnppi.dylib, libnpps.dylib, libnppc_static.a, libnpps_static.a, libnppi_static.a
582 + Linux : libnppc.so, libnppi.so, libnpps.so, libnppc_static.a, libnpps_static.a, libnppi_static.a
583 + Android : libnppc.so, libnppi.so, libnpps.so, libnppc_static.a, libnpps_static.a, libnppi_static.a
584 +
585 +Component : Internal common library required for statically linking to cuBLAS, cuSPARSE, cuFFT, cuRAND and NPP
586 + Mac OSX : libculibos.a
587 + Linux : libculibos.a
588 +
589 +Component : NVIDIA Runtime Compilation Library
590 + Windows : nvrtc.dll, nvrtc-builtins.dll
591 + Mac OSX : libnvrtc.dylib, libnvrtc-builtins.dylib
592 + Linux : libnvrtc.so, libnvrtc-builtins.so
593 +
594 +Component : NVIDIA Optimizing Compiler Library
595 + Windows : nvvm.dll
596 + Mac OSX : libnvvm.dylib
597 + Linux : libnvvm.so
598 +
599 +Component : NVIDIA Common Device Math Functions Library
600 + Windows : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc
601 + Mac OSX : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc
602 + Linux : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc
603 +
604 +Component : CUDA Occupancy Calculation Header Library
605 + All : cuda_occupancy.h
606 +
607 +Component : Profiling Tools Interface Library
608 + Windows : cupti.dll
609 + Mac OSX : libcupti.dylib
610 + Linux : libcupti.so
611 +
612 +
613 +
614 +1.9. Attachment B
615 +
616 +
617 +Additional Licensing Obligations
618 +
619 +The following third party components included in the SOFTWARE
620 +are licensed to Licensee pursuant to the following terms and
621 +conditions:
622 +
623 + 1. Licensee's use of the GDB third party component is
624 + subject to the terms and conditions of GNU GPL v3:
625 +
626 + This product includes copyrighted third-party software licensed
627 + under the terms of the GNU General Public License v3 ("GPL v3").
628 + All third-party software packages are copyright by their respective
629 + authors. GPL v3 terms and conditions are hereby incorporated into
630 + the Agreement by this reference: http://www.gnu.org/licenses/gpl.txt
631 +
632 + Consistent with these licensing requirements, the software
633 + listed below is provided under the terms of the specified
634 + open source software licenses. To obtain source code for
635 + software provided under licenses that require
636 + redistribution of source code, including the GNU General
637 + Public License (GPL) and GNU Lesser General Public License
638 + (LGPL), contact oss-requests@××××××.com. This offer is
639 + valid for a period of three (3) years from the date of the
640 + distribution of this product by NVIDIA CORPORATION.
641 +
642 + Component License
643 + CUDA-GDB GPL v3
644 +
645 + 2. Licensee represents and warrants that any and all third
646 + party licensing and/or royalty payment obligations in
647 + connection with Licensee's use of the H.264 video codecs
648 + are solely the responsibility of Licensee.
649 +
650 + 3. Licensee's use of the Thrust library is subject to the
651 + terms and conditions of the Apache License Version 2.0.
652 + All third-party software packages are copyright by their
653 + respective authors. Apache License Version 2.0 terms and
654 + conditions are hereby incorporated into the Agreement by
655 + this reference.
656 + http://www.apache.org/licenses/LICENSE-2.0.html
657 +
658 + In addition, Licensee acknowledges the following notice:
659 + Thrust includes source code from the Boost Iterator,
660 + Tuple, System, and Random Number libraries.
661 +
662 + Boost Software License - Version 1.0 - August 17th, 2003
663 + . . . .
664 +
665 + Permission is hereby granted, free of charge, to any person or
666 + organization obtaining a copy of the software and accompanying
667 + documentation covered by this license (the "Software") to use,
668 + reproduce, display, distribute, execute, and transmit the Software,
669 + and to prepare derivative works of the Software, and to permit
670 + third-parties to whom the Software is furnished to do so, all
671 + subject to the following:
672 +
673 + The copyright notices in the Software and this entire statement,
674 + including the above license grant, this restriction and the following
675 + disclaimer, must be included in all copies of the Software, in whole
676 + or in part, and all derivative works of the Software, unless such
677 + copies or derivative works are solely in the form of machine-executable
678 + object code generated by a source language processor.
679 +
680 + THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
681 + EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
682 + MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
683 + NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR
684 + ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR
685 + OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING
686 + FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
687 + OTHER DEALINGS IN THE SOFTWARE.
688 +
689 + 4. Licensee's use of the LLVM third party component is
690 + subject to the following terms and conditions:
691 +
692 + ======================================================
693 + LLVM Release License
694 + ======================================================
695 + University of Illinois/NCSA
696 + Open Source License
697 +
698 + Copyright (c) 2003-2010 University of Illinois at Urbana-Champaign.
699 + All rights reserved.
700 +
701 + Developed by:
702 +
703 + LLVM Team
704 +
705 + University of Illinois at Urbana-Champaign
706 +
707 + http://llvm.org
708 +
709 + Permission is hereby granted, free of charge, to any person obtaining a copy
710 + of this software and associated documentation files (the "Software"), to
711 + deal with the Software without restriction, including without limitation the
712 + rights to use, copy, modify, merge, publish, distribute, sublicense, and/or
713 + sell copies of the Software, and to permit persons to whom the Software is
714 + furnished to do so, subject to the following conditions:
715 +
716 + * Redistributions of source code must retain the above copyright notice,
717 + this list of conditions and the following disclaimers.
718 +
719 + * Redistributions in binary form must reproduce the above copyright
720 + notice, this list of conditions and the following disclaimers in the
721 + documentation and/or other materials provided with the distribution.
722 +
723 + * Neither the names of the LLVM Team, University of Illinois at Urbana-
724 + Champaign, nor the names of its contributors may be used to endorse or
725 + promote products derived from this Software without specific prior
726 + written permission.
727 +
728 + THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
729 + IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
730 + FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL
731 + THE CONTRIBUTORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR
732 + OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,
733 + ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
734 + DEALINGS WITH THE SOFTWARE.
735 +
736 + 5. Licensee's use of the PCRE third party component is
737 + subject to the following terms and conditions:
738 +
739 + ------------
740 + PCRE LICENCE
741 + ------------
742 + PCRE is a library of functions to support regular expressions whose syntax
743 + and semantics are as close as possible to those of the Perl 5 language.
744 + Release 8 of PCRE is distributed under the terms of the "BSD" licence, as
745 + specified below. The documentation for PCRE, supplied in the "doc"
746 + directory, is distributed under the same terms as the software itself. The
747 + basic library functions are written in C and are freestanding. Also
748 + included in the distribution is a set of C++ wrapper functions, and a just-
749 + in-time compiler that can be used to optimize pattern matching. These are
750 + both optional features that can be omitted when the library is built.
751 +
752 + THE BASIC LIBRARY FUNCTIONS
753 + ---------------------------
754 + Written by: Philip Hazel
755 + Email local part: ph10
756 + Email domain: cam.ac.uk
757 + University of Cambridge Computing Service,
758 + Cambridge, England.
759 + Copyright (c) 1997-2012 University of Cambridge
760 + All rights reserved.
761 +
762 + PCRE JUST-IN-TIME COMPILATION SUPPORT
763 + -------------------------------------
764 + Written by: Zoltan Herczeg
765 + Email local part: hzmester
766 + Emain domain: freemail.hu
767 + Copyright(c) 2010-2012 Zoltan Herczeg
768 + All rights reserved.
769 +
770 + STACK-LESS JUST-IN-TIME COMPILER
771 + --------------------------------
772 + Written by: Zoltan Herczeg
773 + Email local part: hzmester
774 + Emain domain: freemail.hu
775 + Copyright(c) 2009-2012 Zoltan Herczeg
776 + All rights reserved.
777 +
778 + THE C++ WRAPPER FUNCTIONS
779 + -------------------------
780 + Contributed by: Google Inc.
781 + Copyright (c) 2007-2012, Google Inc.
782 + All rights reserved.
783 +
784 + THE "BSD" LICENCE
785 + -----------------
786 + Redistribution and use in source and binary forms, with or without
787 + modification, are permitted provided that the following conditions are met:
788 +
789 + * Redistributions of source code must retain the above copyright notice,
790 + this list of conditions and the following disclaimer.
791 +
792 + * Redistributions in binary form must reproduce the above copyright
793 + notice, this list of conditions and the following disclaimer in the
794 + documentation and/or other materials provided with the distribution.
795 +
796 + * Neither the name of the University of Cambridge nor the name of Google
797 + Inc. nor the names of their contributors may be used to endorse or
798 + promote products derived from this software without specific prior
799 + written permission.
800 +
801 + THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
802 + AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
803 + IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
804 + ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE
805 + LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
806 + CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
807 + SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
808 + INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
809 + CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
810 + ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
811 + POSSIBILITY OF SUCH DAMAGE.
812 +
813 + 6. Some of the cuBLAS library routines were written by or
814 + derived from code written by Vasily Volkov and are subject
815 + to the Modified Berkeley Software Distribution License as
816 + follows:
817 +
818 + Copyright (c) 2007-2009, Regents of the University of California
819 +
820 + All rights reserved.
821 +
822 + Redistribution and use in source and binary forms, with or without
823 + modification, are permitted provided that the following conditions are
824 + met:
825 + * Redistributions of source code must retain the above copyright
826 + notice, this list of conditions and the following disclaimer.
827 + * Redistributions in binary form must reproduce the above
828 + copyright notice, this list of conditions and the following
829 + disclaimer in the documentation and/or other materials provided
830 + with the distribution.
831 + * Neither the name of the University of California, Berkeley nor
832 + the names of its contributors may be used to endorse or promote
833 + products derived from this software without specific prior
834 + written permission.
835 +
836 + THIS SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS" AND ANY EXPRESS OR
837 + IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
838 + WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
839 + DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT,
840 + INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
841 + (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
842 + SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
843 + HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
844 + STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
845 + IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
846 + POSSIBILITY OF SUCH DAMAGE.
847 +
848 + 7. Some of the cuBLAS library routines were written by or
849 + derived from code written by Davide Barbieri and are
850 + subject to the Modified Berkeley Software Distribution
851 + License as follows:
852 +
853 + Copyright (c) 2008-2009 Davide Barbieri @ University of Rome Tor Vergata.
854 +
855 + All rights reserved.
856 +
857 + Redistribution and use in source and binary forms, with or without
858 + modification, are permitted provided that the following conditions are
859 + met:
860 + * Redistributions of source code must retain the above copyright
861 + notice, this list of conditions and the following disclaimer.
862 + * Redistributions in binary form must reproduce the above
863 + copyright notice, this list of conditions and the following
864 + disclaimer in the documentation and/or other materials provided
865 + with the distribution.
866 + * The name of the author may not be used to endorse or promote
867 + products derived from this software without specific prior
868 + written permission.
869 +
870 + THIS SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS" AND ANY EXPRESS OR
871 + IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
872 + WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
873 + DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT,
874 + INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
875 + (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
876 + SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
877 + HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
878 + STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
879 + IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
880 + POSSIBILITY OF SUCH DAMAGE.
881 +
882 + 8. Some of the cuBLAS library routines were derived from
883 + code developed by the University of Tennessee and are
884 + subject to the Modified Berkeley Software Distribution
885 + License as follows:
886 +
887 + Copyright (c) 2010 The University of Tennessee.
888 +
889 + All rights reserved.
890 +
891 + Redistribution and use in source and binary forms, with or without
892 + modification, are permitted provided that the following conditions are
893 + met:
894 + * Redistributions of source code must retain the above copyright
895 + notice, this list of conditions and the following disclaimer.
896 + * Redistributions in binary form must reproduce the above
897 + copyright notice, this list of conditions and the following
898 + disclaimer listed in this license in the documentation and/or
899 + other materials provided with the distribution.
900 + * Neither the name of the copyright holders nor the names of its
901 + contributors may be used to endorse or promote products derived
902 + from this software without specific prior written permission.
903 +
904 + THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
905 + "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
906 + LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
907 + A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
908 + OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
909 + SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
910 + LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
911 + DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
912 + THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
913 + (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
914 + OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
915 +
916 + 9. Some of the cuBLAS library routines were written by or
917 + derived from code written by Jonathan Hogg and are subject
918 + to the Modified Berkeley Software Distribution License as
919 + follows:
920 +
921 + Copyright (c) 2012, The Science and Technology Facilities Council (STFC).
922 +
923 + All rights reserved.
924 +
925 + Redistribution and use in source and binary forms, with or without
926 + modification, are permitted provided that the following conditions are
927 + met:
928 + * Redistributions of source code must retain the above copyright
929 + notice, this list of conditions and the following disclaimer.
930 + * Redistributions in binary form must reproduce the above
931 + copyright notice, this list of conditions and the following
932 + disclaimer in the documentation and/or other materials provided
933 + with the distribution.
934 + * Neither the name of the STFC nor the names of its contributors
935 + may be used to endorse or promote products derived from this
936 + software without specific prior written permission.
937 +
938 + THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
939 + "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
940 + LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
941 + A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE STFC BE
942 + LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
943 + CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
944 + SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
945 + BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
946 + WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
947 + OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN
948 + IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
949 +
950 + 10. Some of the cuBLAS library routines were written by or
951 + derived from code written by Ahmad M. Abdelfattah, David
952 + Keyes, and Hatem Ltaief, and are subject to the Apache
953 + License, Version 2.0, as follows:
954 +
955 + -- (C) Copyright 2013 King Abdullah University of Science and Technology
956 + Authors:
957 + Ahmad Abdelfattah (ahmad.ahmad@×××××××××.sa)
958 + David Keyes (david.keyes@×××××××××.sa)
959 + Hatem Ltaief (hatem.ltaief@×××××××××.sa)
960 +
961 + Redistribution and use in source and binary forms, with or without
962 + modification, are permitted provided that the following conditions
963 + are met:
964 +
965 + * Redistributions of source code must retain the above copyright
966 + notice, this list of conditions and the following disclaimer.
967 + * Redistributions in binary form must reproduce the above copyright
968 + notice, this list of conditions and the following disclaimer in the
969 + documentation and/or other materials provided with the distribution.
970 + * Neither the name of the King Abdullah University of Science and
971 + Technology nor the names of its contributors may be used to endorse
972 + or promote products derived from this software without specific prior
973 + written permission.
974 +
975 + THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
976 + ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
977 + LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
978 + A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
979 + HOLDERS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
980 + SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
981 + LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
982 + DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
983 + THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
984 + (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
985 + OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE
986 +
987 + 11. Some of the cuSPARSE library routines were written by or
988 + derived from code written by Li-Wen Chang and are subject
989 + to the NCSA Open Source License as follows:
990 +
991 + Copyright (c) 2012, University of Illinois.
992 +
993 + All rights reserved.
994 +
995 + Developed by: IMPACT Group, University of Illinois, http://impact.crhc.illinois.edu
996 +
997 + Permission is hereby granted, free of charge, to any person obtaining
998 + a copy of this software and associated documentation files (the
999 + "Software"), to deal with the Software without restriction, including
1000 + without limitation the rights to use, copy, modify, merge, publish,
1001 + distribute, sublicense, and/or sell copies of the Software, and to
1002 + permit persons to whom the Software is furnished to do so, subject to
1003 + the following conditions:
1004 + * Redistributions of source code must retain the above copyright
1005 + notice, this list of conditions and the following disclaimer.
1006 + * Redistributions in binary form must reproduce the above
1007 + copyright notice, this list of conditions and the following
1008 + disclaimers in the documentation and/or other materials provided
1009 + with the distribution.
1010 + * Neither the names of IMPACT Group, University of Illinois, nor
1011 + the names of its contributors may be used to endorse or promote
1012 + products derived from this Software without specific prior
1013 + written permission.
1014 +
1015 + THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
1016 + EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
1017 + MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
1018 + NONINFRINGEMENT. IN NO EVENT SHALL THE CONTRIBUTORS OR COPYRIGHT
1019 + HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER
1020 + IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR
1021 + IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS WITH THE
1022 + SOFTWARE.
1023 +
1024 + 12. Some of the cuRAND library routines were written by or
1025 + derived from code written by Mutsuo Saito and Makoto
1026 + Matsumoto and are subject to the following license:
1027 +
1028 + Copyright (c) 2009, 2010 Mutsuo Saito, Makoto Matsumoto and Hiroshima
1029 + University. All rights reserved.
1030 +
1031 + Copyright (c) 2011 Mutsuo Saito, Makoto Matsumoto, Hiroshima
1032 + University and University of Tokyo. All rights reserved.
1033 +
1034 + Redistribution and use in source and binary forms, with or without
1035 + modification, are permitted provided that the following conditions are
1036 + met:
1037 + * Redistributions of source code must retain the above copyright
1038 + notice, this list of conditions and the following disclaimer.
1039 + * Redistributions in binary form must reproduce the above
1040 + copyright notice, this list of conditions and the following
1041 + disclaimer in the documentation and/or other materials provided
1042 + with the distribution.
1043 + * Neither the name of the Hiroshima University nor the names of
1044 + its contributors may be used to endorse or promote products
1045 + derived from this software without specific prior written
1046 + permission.
1047 +
1048 + THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
1049 + "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
1050 + LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
1051 + A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
1052 + OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
1053 + SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
1054 + LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
1055 + DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
1056 + THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
1057 + (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
1058 + OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
1059 +
1060 + 13. Some of the cuRAND library routines were derived from
1061 + code developed by D. E. Shaw Research and are subject to
1062 + the following license:
1063 +
1064 + Copyright 2010-2011, D. E. Shaw Research.
1065 +
1066 + All rights reserved.
1067 +
1068 + Redistribution and use in source and binary forms, with or without
1069 + modification, are permitted provided that the following conditions are
1070 + met:
1071 + * Redistributions of source code must retain the above copyright
1072 + notice, this list of conditions, and the following disclaimer.
1073 + * Redistributions in binary form must reproduce the above
1074 + copyright notice, this list of conditions, and the following
1075 + disclaimer in the documentation and/or other materials provided
1076 + with the distribution.
1077 + * Neither the name of D. E. Shaw Research nor the names of its
1078 + contributors may be used to endorse or promote products derived
1079 + from this software without specific prior written permission.
1080 +
1081 + THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
1082 + "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
1083 + LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
1084 + A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
1085 + OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
1086 + SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
1087 + LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
1088 + DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
1089 + THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
1090 + (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
1091 + OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
1092 +
1093 + 14. Licensee's use of the lz4 third party component is
1094 + subject to the following terms and conditions:
1095 +
1096 + Copyright (C) 2011-2013, Yann Collet.
1097 + BSD 2-Clause License (http://www.opensource.org/licenses/bsd-license.php)
1098 +
1099 + Redistribution and use in source and binary forms, with or without
1100 + modification, are permitted provided that the following conditions are
1101 + met:
1102 +
1103 + * Redistributions of source code must retain the above copyright
1104 + notice, this list of conditions and the following disclaimer.
1105 + * Redistributions in binary form must reproduce the above
1106 + copyright notice, this list of conditions and the following disclaimer
1107 + in the documentation and/or other materials provided with the
1108 + distribution.
1109 +
1110 + THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
1111 + "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
1112 + LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
1113 + A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
1114 + OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
1115 + SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
1116 + LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
1117 + DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
1118 + THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
1119 + (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
1120 + OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
1121 +
1122 + 15. The NPP library uses code from the Boost Math Toolkit,
1123 + and is subject to the following license:
1124 +
1125 + Boost Software License - Version 1.0 - August 17th, 2003
1126 + . . . .
1127 +
1128 + Permission is hereby granted, free of charge, to any person or
1129 + organization obtaining a copy of the software and accompanying
1130 + documentation covered by this license (the "Software") to use,
1131 + reproduce, display, distribute, execute, and transmit the Software,
1132 + and to prepare derivative works of the Software, and to permit
1133 + third-parties to whom the Software is furnished to do so, all
1134 + subject to the following:
1135 +
1136 + The copyright notices in the Software and this entire statement,
1137 + including the above license grant, this restriction and the following
1138 + disclaimer, must be included in all copies of the Software, in whole
1139 + or in part, and all derivative works of the Software, unless such
1140 + copies or derivative works are solely in the form of machine-executable
1141 + object code generated by a source language processor.
1142 +
1143 + THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
1144 + EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
1145 + MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
1146 + NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR
1147 + ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR
1148 + OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING
1149 + FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
1150 + OTHER DEALINGS IN THE SOFTWARE.
1151 +
1152 + 16. Portions of the Nsight Eclipse Edition is subject to the
1153 + following license:
1154 +
1155 + The Eclipse Foundation makes available all content in this plug-in
1156 + ("Content"). Unless otherwise indicated below, the Content is provided
1157 + to you under the terms and conditions of the Eclipse Public License
1158 + Version 1.0 ("EPL"). A copy of the EPL is available at http://
1159 + www.eclipse.org/legal/epl-v10.html. For purposes of the EPL, "Program"
1160 + will mean the Content.
1161 +
1162 + If you did not receive this Content directly from the Eclipse
1163 + Foundation, the Content is being redistributed by another party
1164 + ("Redistributor") and different terms and conditions may apply to your
1165 + use of any object code in the Content. Check the Redistributor's
1166 + license that was provided with the Content. If no such license exists,
1167 + contact the Redistributor. Unless otherwise indicated below, the terms
1168 + and conditions of the EPL still apply to any source code in the
1169 + Content and such source code may be obtained at http://www.eclipse.org.
1170 +
1171 +
1172 +2. NVIDIA Corporation CUDA Samples End User License Agreement
1173 +-------------------------------------------------------------
1174 +
1175 +BY DOWNLOADING THE SOFTWARE AND OTHER AVAILABLE MATERIALS, YOU
1176 +("DEVELOPER" or "LICENSEE") AGREE TO BE BOUND BY THE FOLLOWING
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1181 +The materials available for download to Developers may include
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1190 +Except as expressly set forth herein, NVIDIA owns all of the
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1193 +
1194 +
1195 +2.1. License
1196 +
1197 +Subject to the terms of this Agreement, NVIDIA hereby grants
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1211 +2.1.1. Source Code
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1223 +
1224 +2.1.2. Object Code
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1226 +Developer agrees not to disassemble, decompile or reverse
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1234 +
1235 +2.1.3. Art Assets
1236 +
1237 +Developer shall have the right to modify and create
1238 +Derivatives of the Art Assets, but may not distribute any of
1239 +the Art Assets or Derivatives created therefrom without
1240 +NVIDIA's prior written consent.
1241 +
1242 +
1243 +2.1.4. Additional Licensing Obligations
1244 +
1245 +Licensee acknowledges and agrees that its use of certain third
1246 +party components included with the SOFTWARE may be subject to
1247 +additional licensing terms and conditions as set forth or
1248 +referenced in Attachment C of this Agreement.
1249 +
1250 +
1251 +2.1.5. No Other License
1252 +
1253 +No rights or licenses with respect to any proprietary
1254 +information or patent, copyright, trade secret or other
1255 +intellectual property right owned or controlled by NVIDIA are
1256 +granted by NVIDIA to Developer under this Agreement, expressly
1257 +or by implication, except as expressly provided in this
1258 +Agreement. Licensee represents and warrants that any and all
1259 +third party licensing and/or royalty payment obligations in
1260 +connection with Licensee's use of the H.264 video codecs are
1261 +solely the responsibility of Licensee.
1262 +
1263 +
1264 +2.1.6. Intellectual Property Ownership
1265 +
1266 +All rights, title, interest and copyrights in and to the
1267 +Materials (including but not limited to all images,
1268 +photographs, animations, video, audio, music, text, and other
1269 +information incorporated into the Materials), are owned by
1270 +NVIDIA, or its suppliers. The Materials are protected by
1271 +copyright laws and international treaty provisions.
1272 +Accordingly, Developer is required to treat the Materials like
1273 +any other copyrighted material, except as otherwise allowed
1274 +pursuant to this Agreement.
1275 +
1276 +
1277 +2.2. Term of Agreement
1278 +
1279 +This Agreement is effective until (i) automatically terminated
1280 +if Developer fails to comply with any of the terms and
1281 +conditions of this Agreement; or (ii) terminated by NVIDIA.
1282 +NVIDIA may terminate this Agreement (and with it, all of
1283 +Developer's right to the Materials) immediately upon written
1284 +notice (which may include email) to Developer, with or without
1285 +cause. For the sake of clarity, Licensee may continue to use
1286 +the Derivatives created pursuant to this Agreement, after the
1287 +termination or expiration of this Agreement.
1288 +
1289 +
1290 +2.3. Defensive Suspension
1291 +
1292 +If Developer commences or participates in any legal proceeding
1293 +against NVIDIA, then NVIDIA may, in its sole discretion,
1294 +suspend or terminate all license grants and any other rights
1295 +provided under this Agreement during the pendency of such
1296 +legal proceedings.
1297 +
1298 +
1299 +2.4. No Support
1300 +
1301 +NVIDIA has no obligation to support or to continue providing
1302 +or updating any of the Materials.
1303 +
1304 +
1305 +2.5. No Warranty
1306 +
1307 +THE SOFTWARE AND ANY OTHER MATERIALS PROVIDED BY NVIDIA TO
1308 +DEVELOPER HEREUNDER ARE PROVIDED "AS IS." NVIDIA DISCLAIMS ALL
1309 +WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT
1310 +LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
1311 +FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
1312 +
1313 +
1314 +2.6. Limitation of Liability
1315 +
1316 +NVIDIA SHALL NOT BE LIABLE TO DEVELOPER, DEVELOPER'S
1317 +CUSTOMERS, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH OR
1318 +UNDER DEVELOPER FOR ANY LOSS OF PROFITS, INCOME, SAVINGS, OR
1319 +ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT
1320 +OR INDIRECT DAMAGES (WHETHER IN AN ACTION IN CONTRACT, TORT OR
1321 +BASED ON A WARRANTY), EVEN IF NVIDIA HAS BEEN ADVISED OF THE
1322 +POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY
1323 +NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY
1324 +LIMITED REMEDY. IN NO EVENT SHALL NVIDIA'S AGGREGATE LIABILITY
1325 +TO DEVELOPER OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH OR
1326 +UNDER DEVELOPER EXCEED THE AMOUNT OF MONEY ACTUALLY PAID BY
1327 +DEVELOPER TO NVIDIA FOR THE SOFTWARE OR ANY OTHER MATERIALS.
1328 +
1329 +
1330 +2.7. Applicable Law
1331 +
1332 +This Agreement shall be deemed to have been made in, and shall
1333 +be construed pursuant to, the laws of the State of Delaware.
1334 +The United Nations Convention on Contracts for the
1335 +International Sale of Goods is specifically disclaimed.
1336 +
1337 +
1338 +2.8. Feedback
1339 +
1340 +Notwithstanding any Non-Disclosure Agreement executed by and
1341 +between the parties, the parties agree that in the event
1342 +Licensee or NVIDIA provides Feedback (as defined below) to the
1343 +other party on how to design, implement, or improve the
1344 +SOFTWARE or Licensee's product(s) for use with the SOFTWARE,
1345 +the following terms and conditions apply the Feedback:
1346 +
1347 +
1348 +2.8.1. Exchange of Feedback
1349 +
1350 +Both parties agree that neither party has an obligation to
1351 +give the other party any suggestions, comments or other
1352 +feedback, whether verbally or in written or source code form,
1353 +relating to (i) the SOFTWARE; (ii) Licensee's products; (iii)
1354 +Licensee's use of the SOFTWARE; or (iv)
1355 +optimization/interoperability of Licensee's product with the
1356 +SOFTWARE (collectively defined as "Feedback"). In the event
1357 +either party provides Feedback to the other party, the party
1358 +receiving the Feedback may use any Feedback that the other
1359 +party voluntarily provides to improve the (i) SOFTWARE or
1360 +other related NVIDIA technologies, respectively for the
1361 +benefit of NVIDIA; or (ii) Licensee's product or other related
1362 +Licensee technologies, respectively for the benefit of
1363 +Licensee. Accordingly, if either party provides Feedback to
1364 +the other party, both parties agree that the other party and
1365 +its respective licensees may freely use, reproduce, license,
1366 +distribute, and otherwise commercialize the Feedback in the
1367 +(i) SOFTWARE or other related technologies; or (ii) Licensee's
1368 +products or other related technologies, respectively, without
1369 +the payment of any royalties or fees.
1370 +
1371 +
1372 +2.8.2. Residual Rights
1373 +
1374 +Licensee agrees that NVIDIA shall be free to use any general
1375 +knowledge, skills and experience, (including, but not limited
1376 +to, ideas, concepts, know-how, or techniques) ("Residuals"),
1377 +contained in the (i) Feedback provided by Licensee to NVIDIA;
1378 +(ii) Licensee's products shared or disclosed to NVIDIA in
1379 +connection with the Feedback; or (c) Licensee's confidential
1380 +information voluntarily provided to NVIDIA in connection with
1381 +the Feedback, which are retained in the memories of NVIDIA's
1382 +employees, agents, or contractors who have had access to such
1383 +Residuals. Subject to the terms and conditions of this
1384 +Agreement, NVIDIA's employees, agents, or contractors shall
1385 +not be prevented from using Residuals as part of such
1386 +employee's, agent's or contractor's general knowledge, skills,
1387 +experience, talent, and/or expertise. NVIDIA shall not have
1388 +any obligation to limit or restrict the assignment of such
1389 +employees, agents or contractors or to pay royalties for any
1390 +work resulting from the use of Residuals.
1391 +
1392 +
1393 +2.8.3. Disclaimer of Warranty
1394 +
1395 +FEEDBACK FROM EITHER PARTY IS PROVIDED FOR THE OTHER PARTY'S
1396 +USE "AS IS" AND BOTH PARTIES DISCLAIM ALL WARRANTIES, EXPRESS,
1397 +IMPLIED AND STATUTORY INCLUDING, WITHOUT LIMITATION, THE
1398 +IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
1399 +PARTICULAR PURPOSE, OR NONINFRINGEMENT. BOTH PARTIES DO NOT
1400 +REPRESENT OR WARRANT THAT THE FEEDBACK WILL MEET THE OTHER
1401 +PARTY'S REQUIREMENTS OR THAT THE OPERATION OR IMPLEMENTATION
1402 +OF THE FEEDBACK WILL BE UNINTERRUPTED OR ERROR-FREE.
1403 +
1404 +
1405 +2.8.4. No Liability for Consequential Damages
1406 +
1407 +TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
1408 +SHALL EITHER PARTY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
1409 +INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
1410 +(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
1411 +PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
1412 +OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
1413 +INABILITY TO USE THE FEEDBACK, EVEN IF THE OTHER PARTY HAS
1414 +BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
1415 +
1416 +
1417 +2.9. Freedom of Action
1418 +
1419 +Developer agrees that this Agreement is nonexclusive and
1420 +NVIDIA may currently or in the future be developing software,
1421 +other technology or confidential information internally, or
1422 +receiving confidential information from other parties that
1423 +maybe similar to the Feedback and Developer's confidential
1424 +information (as provided in subsection 2 above), which may be
1425 +provided to NVIDIA in connection with Feedback by Developer.
1426 +Accordingly, Developer agrees that nothing in this Agreement
1427 +will be construed as a representation or inference that NVIDIA
1428 +will not develop, design, manufacture, acquire, market
1429 +products, or have products developed, designed, manufactured,
1430 +acquired, or marketed for NVIDIA, that compete with the
1431 +Developer's products or confidential information.
1432 +
1433 +
1434 +2.10. Restricted Rights Notice
1435 +
1436 +Materials have been developed entirely at private expense and
1437 +is commercial computer software provided with RESTRICTED
1438 +RIGHTS. Use, duplication or disclosure by the U.S. Government
1439 +or a U.S. Government subcontractor is subject to the
1440 +restrictions set forth in the license agreement under which
1441 +Materials was obtained pursuant to DFARS 227.7202-3(a) or as
1442 +set forth in subparagraphs (c)(1) and (2) of the Commercial
1443 +Computer Software - Restricted Rights clause at FAR 52.227-19,
1444 +as applicable. Contractor/manufacturer is NVIDIA, 2701 San
1445 +Tomas Expressway, Santa Clara, CA 95050.
1446 +
1447 +
1448 +2.11. Miscellaneous
1449 +
1450 +If any provision of this Agreement is inconsistent with, or
1451 +cannot be fully enforced under, the law, such provision will
1452 +be construed as limited to the extent necessary to be
1453 +consistent with and fully enforceable under the law. This
1454 +Agreement is the final, complete and exclusive agreement
1455 +between the parties relating to the subject matter hereof, and
1456 +supersedes all prior or contemporaneous understandings and
1457 +agreements relating to such subject matter, whether oral or
1458 +written. This Agreement may only be modified in writing signed
1459 +by an authorized officer of NVIDIA. Developer agrees that it
1460 +will not ship, transfer or export the Materials into any
1461 +country, or use the Materials in any manner, prohibited by the
1462 +United States Bureau of Industry and Security or any export
1463 +laws, restrictions or regulations.
1464 +
1465 +
1466 +2.12. Attachment C
1467 +
1468 +
1469 +Additional Licensing Obligations
1470 +
1471 +Licensee's use of the "libfreeimage" third party component is
1472 +subject to the following terms and conditions:
1473 +
1474 +The contents of this file are subject to the FreeImage Public
1475 +License Version 1.0 (the "License"); you may not use this file
1476 +except in compliance with the License. You may obtain a copy
1477 +of the License at
1478 +http://freeimage.sourceforge.net/freeimage-license.txt.
1479 +
1480 +Software distributed under the License is distributed on an
1481 +"AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or
1482 +implied. See the License for the specific language governing
1483 +rights and limitations under the License.
1484 +
1485 +
1486 +3. NVIDIA Driver License for Customer Use of NVIDIA Software
1487 +on Windows
1488 +------------------------------------------------------------
1489 +
1490 +
1491 +IMPORTANT NOTICE -- READ CAREFULLY:
1492 +-----------------------------------
1493 +
1494 +This License For Customer Use of NVIDIA Software ("LICENSE")
1495 +is the agreement which governs use of the software of NVIDIA
1496 +Corporation and its subsidiaries ("NVIDIA") downloadable
1497 +herefrom, including GeForce Experience, computer software
1498 +(including drivers downloaded in connection with GeForce
1499 +Experience) and associated printed materials ("SOFTWARE"). By
1500 +downloading, installing, copying, or otherwise using the
1501 +SOFTWARE, you agree to be bound by the terms of this LICENSE.
1502 +If you do not agree to the terms of this LICENSE, do not
1503 +download the SOFTWARE.
1504 +
1505 +
1506 +RECITALS:
1507 +---------
1508 +
1509 +Use of NVIDIA's products requires three elements: the
1510 +SOFTWARE, the hardware on a graphics controller board, and a
1511 +personal computer (collectively, such hardware and personal
1512 +computer is defined herein as "CUSTOMER SYSTEM"). The SOFTWARE
1513 +is protected by copyright laws and international copyright
1514 +treaties, as well as other intellectual property laws and
1515 +treaties. The SOFTWARE is not sold, and instead is only
1516 +licensed for use, strictly in accordance with this document.
1517 +The hardware is protected by various patents, and is sold, but
1518 +this LICENSE does not cover that sale, since it may not
1519 +necessarily be sold as a package with the SOFTWARE. This
1520 +LICENSE sets forth the terms and conditions of the SOFTWARE
1521 +LICENSE only.
1522 +
1523 +
1524 +3.1. Definitions
1525 +
1526 +
1527 +3.1.1. Customer
1528 +
1529 +Customer means the entity or individual that downloads and/or
1530 +installs the SOFTWARE.
1531 +
1532 +
1533 +3.2. Grant of License
1534 +
1535 +
1536 +3.2.1. Rights and Limitations of Grant
1537 +
1538 +Provided Customer complies with the terms in this LICENSE,
1539 +NVIDIA hereby grants Customer the following non-exclusive,
1540 +non-transferable right to use the SOFTWARE in the manner and
1541 +for the purposes described in the associated printed
1542 +materials, with the following limitations:
1543 +
1544 +
1545 +3.2.1.1. Rights
1546 +
1547 +Customer may install and use multiple copies of the SOFTWARE
1548 +on a shared computer or concurrently on different computers,
1549 +and make multiple back-up copies of the SOFTWARE, solely for
1550 +Customer's use within Customer's Enterprise. "Enterprise"
1551 +shall mean individual use by Customer or any legal entity
1552 +(such as a corporation or university) and the subsidiaries it
1553 +owns by more than fifty percent (50%).
1554 +
1555 +
1556 +3.2.1.2. Limitations
1557 +
1558 +No Reverse Engineering
1559 +
1560 +Customer may not reverse engineer, decompile, or disassemble
1561 +the SOFTWARE, nor attempt in any other manner to obtain the
1562 +source code. You may not remove any copyright notices from the
1563 +SOFTWARE. The SOFTWARE is licensed as a single product. Its
1564 +component parts may not be separated for use on more than one
1565 +computer, nor otherwise used separately from the other parts.
1566 +
1567 +No Rental
1568 +
1569 +Customer may not rent or lease the SOFTWARE to someone else.
1570 +
1571 +
1572 +3.2.2. Additional Information
1573 +
1574 +7-Zip. The SOFTWARE includes the 7-Zip software program
1575 +("7-Zip"). Use of the source code for 7-Zip is subject to the
1576 +terms and conditions at www.7-zip.org.
1577 +
1578 +
1579 +3.3. Consent to Collection and Use of Information
1580 +
1581 +Customer hereby acknowledges that the SOFTWARE accesses and
1582 +collects non-personally identifiable information about
1583 +Customer and CUSTOMER SYSTEM as well as configures CUSTOMER
1584 +SYSTEM in order to (a) properly optimize such system for use
1585 +with the SOFTWARE, (b) deliver content through the SOFTWARE,
1586 +and (c) improve NVIDIA products and services. Information
1587 +collected by the SOFTWARE includes, but is not limited to,
1588 +CUSTOMER SYSTEM'S (a) hardware configuration and ID, (b)
1589 +operating system and driver configuration, (c) installed games
1590 +and applications, (d) games and applications settings,
1591 +performance, and usage data, and (e) usage metrics of the
1592 +SOFTWARE. To the extent that Customer uses the SOFTWARE,
1593 +Customer hereby consents to all of the foregoing, and
1594 +represents and warrants that Customer has the right to grant
1595 +such consent. In addition, Customer agrees that Customer is
1596 +solely responsible for maintaining appropriate data backups
1597 +and system restore points for CUSTOMER SYSTEM, and that NVIDIA
1598 +will have no responsibility for any damage or loss to CUSTOMER
1599 +SYSTEM (including loss of data or access) arising from or
1600 +relating to (a) any changes to the configuration, application
1601 +settings, environment variables, registry, drivers, BIOS, or
1602 +other attributes of CUSTOMER SYSTEM (or any part of CUSTOMER
1603 +SYSTEM) initiated through the SOFTWARE; or (b) installation of
1604 +any SOFTWARE or third party software patches initiated through
1605 +the SOFTWARE. The SOFTWARE may contain links to websites and
1606 +services. We encourage you to review the privacy statements on
1607 +those sites and services that you choose to visit so that you
1608 +can understand how they may collect, use and share your
1609 +personal information. NVIDIA is not responsible for the
1610 +privacy statements or practices of sites and services
1611 +controlled by other companies or organizations.
1612 +
1613 +Customer and CUSTOMER SYSTEM information collection rules can
1614 +be configured on the "Preferences" tab of GeForce Experience.
1615 +For more information on NVIDIA's collection and use of
1616 +information policies for this SOFTWARE, visit
1617 +http://www.geforce.com/drivers/geforce-experience/faq.
1618 +
1619 +Customer represents and warrants that the non-personally
1620 +identifiable information that Customer has furnished in
1621 +connection with its registration for the SOFTWARE is complete
1622 +and accurate. Customer also acknowledges that from time to
1623 +time, NVIDIA may collect, use, and disclose such information
1624 +about Customer and/or Customer's system in connection with the
1625 +SOFTWARE in accordance with NVIDIA's privacy policy, available
1626 +at URL http://www.nvidia.com/object/privacy_policy.html.
1627 +
1628 +
1629 +3.4. Termination
1630 +
1631 +This LICENSE will automatically terminate if Customer fails to
1632 +comply with any of the terms and conditions hereof. In such
1633 +event, Customer must destroy all copies of the SOFTWARE and
1634 +all of its component parts.
1635 +
1636 +Defensive Suspension. If Customer commences or participates in
1637 +any legal proceeding against NVIDIA, then NVIDIA may, in its
1638 +sole discretion, suspend or terminate all license grants and
1639 +any other rights provided under this LICENSE during the
1640 +pendency of such legal proceedings.
1641 +
1642 +
1643 +3.5. Copyright
1644 +
1645 +All title and copyrights in and to the SOFTWARE (including but
1646 +not limited to all images, photographs, animations, video,
1647 +audio, music, text, and other information incorporated into
1648 +the SOFTWARE), the accompanying printed materials, and any
1649 +copies of the SOFTWARE, are owned by NVIDIA, or its licensors
1650 +or suppliers. The SOFTWARE is protected by copyright laws and
1651 +international treaty provisions. Accordingly, Customer is
1652 +required to treat the SOFTWARE like any other copyrighted
1653 +material, except as otherwise allowed pursuant to this LICENSE
1654 +and that it may make one copy of the SOFTWARE solely for
1655 +backup or archive purposes. The algorithms, structure,
1656 +organization and source code of the Software are the valuable
1657 +trade secrets and confidential information of NVIDIA. Except
1658 +as otherwise expressly provided herein, neither this LICENSE
1659 +nor NVIDIA grants Customer any express or implied right under
1660 +any NVIDIA patents, copyrights, trademarks, or other
1661 +intellectual property rights in the SOFTWARE, and all rights,
1662 +title and interest in and to the SOFTWARE not expressly
1663 +granted are reserved by NVIDIA or its licensors or suppliers.
1664 +
1665 +
1666 +3.6. Applicable Law
1667 +
1668 +This LICENSE shall be deemed to have been made in, and shall
1669 +be construed pursuant to, the laws of the State of Delaware.
1670 +The United Nations Convention on Contracts for the
1671 +International Sale of Goods is specifically disclaimed. The
1672 +state and/or federal courts residing in Santa Clara County,
1673 +California shall have exclusive jurisdiction over any dispute
1674 +or claim arising out of this Agreement. Customer may not
1675 +export the SOFTWARE in violation of applicable export laws and
1676 +regulations.
1677 +
1678 +
1679 +3.7. Disclaimer of Warranties and Limitations on Liability
1680 +
1681 +
1682 +3.7.1. No Warranties
1683 +
1684 +THE SOFTWARE IS PROVIDED "AS IS" AND TO THE MAXIMUM EXTENT
1685 +PERMITTED BY APPLICABLE LAW, NVIDIA AND ITS SUPPLIERS DISCLAIM
1686 +ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
1687 +LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
1688 +NONINFRINGEMENT, TITLE AND FITNESS FOR A PARTICULAR PURPOSE.
1689 +Without limiting the foregoing, you are solely responsible for
1690 +determining and verifying that the SOFTWARE that you obtain
1691 +and install is the appropriate version for your model of
1692 +graphics controller board, operating system, and computer
1693 +hardware.
1694 +
1695 +
1696 +3.7.2. No Liability for Consequential Damages
1697 +
1698 +TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
1699 +SHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
1700 +SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
1701 +WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
1702 +BUSINESS PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF
1703 +BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT
1704 +OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA
1705 +HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
1706 +JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY
1707 +FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
1708 +SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO
1709 +HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO
1710 +JURISDICTION. NOTWITHSTANDING THE FOREGOING, NVIDIA'S
1711 +AGGREGATE LIABILITY ARISING OUT OF THIS LICENSE AGREEMENT
1712 +SHALL NOT EXCEED ONE THOUSAND UNITED STATES DOLLARS
1713 +(USD$1000).
1714 +
1715 +
1716 +3.8. Miscellaneous
1717 +
1718 +If any provision of this LICENSE is inconsistent with, or
1719 +cannot be fully enforced under, the law, such provision will
1720 +be construed as limited to the extent necessary to be
1721 +consistent with and fully enforceable under the law. This
1722 +LICENSE is the final, complete and exclusive agreement between
1723 +the parties relating to the subject matter hereof, and
1724 +supersedes all prior or contemporaneous understandings and
1725 +agreements relating to such subject matter, whether oral or
1726 +written. This LICENSE may only be modified in writing signed
1727 +by an authorized officer of NVIDIA. Customer agrees that it
1728 +will not ship, transfer or export the SOFTWARE into any
1729 +country, or use the SOFTWARE in any manner, prohibited by the
1730 +United States Bureau of Industry and Security or any export
1731 +laws, restrictions or regulations.
1732 +
1733 +
1734 +4. NVIDIA Driver License for Customer Use of NVIDIA Software
1735 +on Linux and Mac OSX
1736 +------------------------------------------------------------
1737 +
1738 +
1739 +IMPORTANT NOTICE -- READ CAREFULLY:
1740 +-----------------------------------
1741 +
1742 +This License For Customer Use of NVIDIA Software ("LICENSE")
1743 +is the agreement which governs use of the software of NVIDIA
1744 +Corporation and its subsidiaries ("NVIDIA") downloadable
1745 +herefrom, including computer software and associated printed
1746 +materials ("SOFTWARE"). By downloading, installing, copying,
1747 +or otherwise using the SOFTWARE, you agree to be bound by the
1748 +terms of this LICENSE. If you do not agree to the terms of
1749 +this LICENSE, do not download the SOFTWARE.
1750 +
1751 +
1752 +RECITALS:
1753 +---------
1754 +
1755 +Use of NVIDIA's products requires three elements: the
1756 +SOFTWARE, the hardware on a graphics controller board, and a
1757 +personal computer. The SOFTWARE is protected by copyright laws
1758 +and international copyright treaties, as well as other
1759 +intellectual property laws and treaties. The SOFTWARE is not
1760 +sold, and instead is only licensed for use, strictly in
1761 +accordance with this document. The hardware is protected by
1762 +various patents, and is sold, but this agreement does not
1763 +cover that sale, since it may not necessarily be sold as a
1764 +package with the SOFTWARE. This agreement sets forth the terms
1765 +and conditions of the SOFTWARE LICENSE only.
1766 +
1767 +
1768 +4.1. DEFINITIONS
1769 +
1770 +
1771 +4.1.1. Customer
1772 +
1773 +Customer means the entity or individual that downloads the
1774 +SOFTWARE.
1775 +
1776 +
1777 +4.2. GRANT OF LICENSE
1778 +
1779 +
1780 +4.2.1. Rights and Limitations of Grant
1781 +
1782 +NVIDIA hereby grants Customer the following non-exclusive,
1783 +non-transferable right to use the SOFTWARE, with the following
1784 +limitations:
1785 +
1786 +
1787 +4.2.1.1. Rights
1788 +
1789 +Customer may install and use multiple copies of the SOFTWARE
1790 +on a shared computer or concurrently on different computers,
1791 +and make multiple back-up copies of the SOFTWARE, solely for
1792 +Customer's use within Customer's Enterprise. "Enterprise"
1793 +shall mean individual use by Customer or any legal entity
1794 +(such as a corporation or university) and the subsidiaries it
1795 +owns by more than fifty percent (50%).
1796 +
1797 +
1798 +4.2.1.2. Linux/FreeBSD Exception
1799 +
1800 +Notwithstanding the foregoing terms of Section 4.2.1.1,
1801 +SOFTWARE designed exclusively for use on the Linux or FreeBSD
1802 +operating systems, or other operating systems derived from the
1803 +source code to these operating systems, may be copied and
1804 +redistributed, provided that the binary files thereof are not
1805 +modified in any way (except for unzipping of compressed
1806 +files).
1807 +
1808 +
1809 +4.2.1.3. Limitations
1810 +
1811 +No Reverse Engineering
1812 +
1813 +Customer may not reverse engineer, decompile, or disassemble
1814 +the SOFTWARE, nor attempt in any other manner to obtain the
1815 +source code.
1816 +
1817 +No Separation of Components
1818 +
1819 +The SOFTWARE is licensed as a single product. Its component
1820 +parts may not be separated for use on more than one computer,
1821 +nor otherwise used separately from the other parts.
1822 +
1823 +No Rental
1824 +
1825 +Customer may not rent or lease the SOFTWARE to someone else.
1826 +
1827 +
1828 +4.3. TERMINATION
1829 +
1830 +This LICENSE will automatically terminate if Customer fails to
1831 +comply with any of the terms and conditions hereof. In such
1832 +event, Customer must destroy all copies of the SOFTWARE and
1833 +all of its component parts.
1834 +
1835 +Defensive Suspension. If Customer commences or participates in
1836 +any legal proceeding against NVIDIA, then NVIDIA may, in its
1837 +sole discretion, suspend or terminate all license grants and
1838 +any other rights provided under this LICENSE during the
1839 +pendency of such legal proceedings.
1840 +
1841 +
1842 +4.4. COPYRIGHT
1843 +
1844 +All title and copyrights in and to the SOFTWARE (including but
1845 +not limited to all images, photographs, animations, video,
1846 +audio, music, text, and other information incorporated into
1847 +the SOFTWARE), the accompanying printed materials, and any
1848 +copies of the SOFTWARE, are owned by NVIDIA, or its suppliers.
1849 +The SOFTWARE is protected by copyright laws and international
1850 +treaty provisions. Accordingly, Customer is required to treat
1851 +the SOFTWARE like any other copyrighted material, except as
1852 +otherwise allowed pursuant to this LICENSE and that it may
1853 +make one copy of the SOFTWARE solely for backup or archive
1854 +purposes.
1855 +
1856 +
1857 +4.5. APPLICABLE LAW
1858 +
1859 +This agreement shall be deemed to have been made in, and shall
1860 +be construed pursuant to, the laws of the State of California.
1861 +
1862 +
1863 +4.6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
1864 +
1865 +
1866 +4.6.1. No Warranties
1867 +
1868 +TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
1869 +SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS
1870 +DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING,
1871 +BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
1872 +FITNESS FOR A PARTICULAR PURPOSE.
1873 +
1874 +
1875 +4.6.2. No Liability for Consequential Damages
1876 +
1877 +TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
1878 +SHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
1879 +INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
1880 +(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
1881 +PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
1882 +OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
1883 +INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED
1884 +OF THE POSSIBILITY OF SUCH DAMAGES.
1885 +
1886 +
1887 +4.7. MISCELLANEOUS
1888 +
1889 +The United Nations Convention on Contracts for the
1890 +International Sale of Goods is specifically disclaimed. If any
1891 +provision of this LICENSE is inconsistent with, or cannot be
1892 +fully enforced under, the law, such provision will be
1893 +construed as limited to the extent necessary to be consistent
1894 +with and fully enforceable under the law. This agreement is
1895 +the final, complete and exclusive agreement between the
1896 +parties relating to the subject matter hereof, and supersedes
1897 +all prior or contemporaneous understandings and agreements
1898 +relating to such subject matter, whether oral or written.
1899 +Customer agrees that it will not ship, transfer or export the
1900 +SOFTWARE into any country, or use the SOFTWARE in any manner,
1901 +prohibited by the United States Bureau of Export
1902 +Administration or any export laws, restrictions or
1903 +regulations. This LICENSE may only be modified in writing
1904 +signed by an authorized officer of NVIDIA.
1905 +
1906 +
1907 +5. NVIDIA Nsight Development Platform, Visual Studio Edition
1908 +Software License Agreement (Windows only)
1909 +------------------------------------------------------------
1910 +
1911 +
1912 +IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING
1913 +----------------------------------------------------
1914 +
1915 +Do not use or load this software and any associated materials
1916 +provided by NVIDIA on its extranet (collectively the
1917 +"Software") until You have carefully read the following terms
1918 +and conditions. By loading or using the Software, You agree to
1919 +fully comply with the terms and conditions of this Software
1920 +License Agreement ("Agreement") by and between NVIDIA
1921 +Corporation, a Delaware corporation with its principal place
1922 +of business at 2701 San Tomas Expressway, Santa Clara,
1923 +California 95050 U.S.A. ("NVIDIA"), and You. If You do not
1924 +wish to so agree, do not install or use the Software.
1925 +
1926 +For the purposes of this Agreement:
1927 +
1928 +"Licensee," "You" and/or "Your" shall mean, collectively and
1929 +individually, Original Equipment Manufacturers, Independent
1930 +Hardware Vendors, Independent Software Vendors, and End-Users
1931 +of the Software pursuant to the terms and conditions of this
1932 +Agreement.
1933 +
1934 +"Intellectual Property Rights" shall mean all proprietary
1935 +rights, including all patents, trademarks, copyrights,
1936 +know-how, trade secrets, mask works, including all
1937 +applications and registrations thereto, and any other similar
1938 +protected rights in any country.
1939 +
1940 +
1941 +5.1. Grant of License
1942 +
1943 +NVIDIA agrees to provide the Software and any associated
1944 +materials pursuant to this Agreement. Subject to the terms of
1945 +this Agreement, NVIDIA grants to You a nonexclusive,
1946 +transferable, worldwide, revocable, limited, royalty-free,
1947 +fully paid-up license under NVIDIA's copyrights to install,
1948 +deploy, use, have used execute, reproduce, display, perform,
1949 +run, the object code of the Software, to create Your products
1950 +to interoperate with NVIDIA hardware and software.
1951 +
1952 +Unless otherwise authorized in the Agreement, You shall not
1953 +otherwise assign, sublicense, lease, or in any other way
1954 +transfer or disclose Software to any third party. Unless
1955 +otherwise authorized in the Agreement, You shall not reverse-
1956 +compile, disassemble, reverse-engineer, or in any manner
1957 +attempt to derive the source code of the Software from the
1958 +object code portions of the Software.
1959 +
1960 +Except as expressly stated in this Agreement, no license or
1961 +right is granted to You directly or by implication,
1962 +inducement, estoppels or otherwise. NVIDIA shall have the
1963 +right to inspect or have an independent auditor inspect Your
1964 +relevant records to verify Your compliance with the terms and
1965 +conditions of this Agreement.
1966 +
1967 +
1968 +5.2. Confidentiality
1969 +
1970 +If applicable, any exchange of Confidential Information (as
1971 +defined in the NDA) shall be made pursuant to the terms and
1972 +conditions of a separately signed Non-Disclosure Agreement
1973 +("NDA") by and between NVIDIA and You. For the sake of
1974 +clarity, You agree that (a) the Software; and (b) Your use of
1975 +the Software/participation in the Software's pre-production
1976 +release is considered Confidential Information of NVIDIA.
1977 +
1978 +If You wish to have a third party consultant or subcontractor
1979 +("Contractor") perform work on Your behalf which involves
1980 +access to or use of Software, You shall obtain a written
1981 +confidentiality agreement from the Contractor which contains
1982 +terms and obligations with respect to access to or use of
1983 +Software no less restrictive than those set forth in this
1984 +Agreement and excluding any distribution or sublicense rights,
1985 +and use for any other purpose than permitted in this
1986 +Agreement. Otherwise, You shall not disclose the terms or
1987 +existence of this Agreement or use NVIDIA's name in any
1988 +publications, advertisements, or other announcements without
1989 +NVIDIA's prior written consent. Unless otherwise provided in
1990 +this Agreement, You do not have any rights to use any NVIDIA
1991 +trademarks or logos.
1992 +
1993 +
1994 +5.3. Ownership of Software and Intellectual Property Rights
1995 +
1996 +All rights, title and interest to all copies of the Software
1997 +remain with NVIDIA, subsidiaries, licensors, or its suppliers.
1998 +The Software is copyrighted and protected by the laws of the
1999 +United States and other countries, and international treaty
2000 +provisions. You may not remove any copyright notices from the
2001 +Software. NVIDIA may make changes to the Software, or to items
2002 +referenced therein, at any time and without notice, but is not
2003 +obligated to support or update the Software. Except as
2004 +otherwise expressly provided, NVIDIA grants no express or
2005 +implied right under any NVIDIA patents, copyrights,
2006 +trademarks, or other intellectual property rights.
2007 +
2008 +You have no obligation to give NVIDIA any suggestions,
2009 +comments or other feedback ("Feedback") relating to the
2010 +Software. However, NVIDIA may use and include any Feedback
2011 +that You voluntarily provide to improve the Software or other
2012 +related NVIDIA technologies. Accordingly, if You provide
2013 +Feedback, You agree NVIDIA and its licensees may freely use,
2014 +reproduce, license, distribute, and otherwise commercialize
2015 +the Feedback in the Software or other related technologies
2016 +without the payment of any royalties or fees. You also agree
2017 +that the Software may collect application specific session
2018 +data and target device information that shall be sent to
2019 +NVIDIA, solely for use by NVIDIA in improving the Software.
2020 +
2021 +
2022 +5.4. No Warranties
2023 +
2024 +THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR
2025 +IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF
2026 +MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR
2027 +PURPOSE. NVIDIA does not warrant or assume responsibility for
2028 +the accuracy or completeness of any information, text,
2029 +graphics, links or other items contained within the Software.
2030 +NVIDIA does not represent that errors or other defects will be
2031 +identified or corrected.
2032 +
2033 +
2034 +5.5. Limitation of Liability
2035 +
2036 +EXCEPT WITH RESPECT TO THE MISUSE OF THE OTHER PARTY'S
2037 +INTELLECTUAL PROPERTY OR DISCLOSURE OF THE OTHER PARTY'S
2038 +CONFIDENTIAL INFORMATION IN BREACH OF THIS AGREEMENT, IN NO
2039 +EVENT SHALL NVIDIA, SUBSIDIARIES, LICENSORS, OR ITS SUPPLIERS
2040 +BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
2041 +LIMITATION, INDIRECT, LOST PROFITS, CONSEQUENTIAL, BUSINESS
2042 +INTERRUPTION OR LOST INFORMATION) ARISING OUT OF THE USE OF OR
2043 +INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED
2044 +OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
2045 +PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED
2046 +WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE
2047 +ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER
2048 +LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
2049 +NOTWITHSTANDING THE FOREGOING, NVIDIA'S AGGREGATE LIABILITY
2050 +ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED
2051 +UNITED STATES DOLLARS (USD$100).
2052 +
2053 +
2054 +5.6. Term
2055 +
2056 +This Agreement and the licenses granted hereunder shall be
2057 +effective as of the date You install/download the Software
2058 +("Effective Date") and continue perpetually, unless terminated
2059 +earlier in accordance with the "Termination" provision of this
2060 +Agreement.
2061 +
2062 +
2063 +5.7. Termination
2064 +
2065 +NVIDIA may terminate this Agreement at any time if You violate
2066 +its terms. Upon termination, You will immediately destroy the
2067 +Software or return all copies of the Software to NVIDIA, and
2068 +certify to NVIDIA in writing that such actions have been
2069 +completed.
2070 +
2071 +
2072 +5.8. Miscellaneous
2073 +
2074 +
2075 +5.8.1. Survival
2076 +
2077 +Those provisions in this Agreement, which by their nature need
2078 +to survive the termination or expiration of this Agreement,
2079 +shall survive termination or expiration of the Agreement,
2080 +including but not limited to Section 5.2, Section 5.3,
2081 +Section 5.4, Section 5.5, Section 5.7, and Section 5.8.
2082 +
2083 +
2084 +5.8.2. Applicable Laws
2085 +
2086 +Claims arising under this Agreement shall be governed by the
2087 +laws of Delaware, excluding its principles of conflict of laws
2088 +and the United Nations Convention on Contracts for the Sale of
2089 +Goods. The state and/or federal courts residing in Santa Clara
2090 +County, California shall have exclusive jurisdiction over any
2091 +dispute or claim arising out of this Agreement. You may not
2092 +export the Software in violation of applicable export laws and
2093 +regulations.
2094 +
2095 +
2096 +5.8.3. Amendment
2097 +
2098 +The Agreement shall not be modified except by a written
2099 +agreement that names this Agreement and any provision to be
2100 +modified, is dated subsequent to the Effective Date, and is
2101 +signed by duly authorized representatives of both parties.
2102 +
2103 +
2104 +5.8.4. No Waiver
2105 +
2106 +No failure or delay on the part of either party in the
2107 +exercise of any right, power or remedy under this Agreement or
2108 +under law, or to insist upon or enforce performance by the
2109 +other party of any of the provisions of this Agreement or
2110 +under law, shall operate as a waiver thereof, nor shall any
2111 +single or partial exercise of any right, power or remedy
2112 +preclude other or further exercise thereof, or the exercise of
2113 +any other right, power or remedy; rather the provision, right,
2114 +or remedy shall be and remain in full force and effect.
2115 +
2116 +
2117 +5.8.5. No Assignment
2118 +
2119 +This Agreement and Licensee's rights and obligations herein,
2120 +may not be assigned, subcontracted, delegated, or otherwise
2121 +transferred by Licensee without NVIDIA's prior written
2122 +consent, and any attempted assignment, subcontract,
2123 +delegation, or transfer in violation of the foregoing will be
2124 +null and void. The terms of this Agreement shall be binding
2125 +upon Licensee's assignees.
2126 +
2127 +
2128 +5.8.6. Government Restricted Rights
2129 +
2130 +The parties acknowledge that the Software is subject to U.S.
2131 +export control laws and regulations. The parties agree to
2132 +comply with all applicable international and national laws
2133 +that apply to the Software, including the U.S. Export
2134 +Administration Regulations, as well as end-user, end-use and
2135 +destination restrictions issued by U.S. and other governments.
2136 +
2137 +The Software has been developed entirely at private expense
2138 +and is commercial computer software provided with RESTRICTED
2139 +RIGHTS. Use, duplication or disclosure of the Software by the
2140 +U.S. Government or a U.S. Government subcontractor is subject
2141 +to the restrictions set forth in the Agreement under which the
2142 +Software was obtained pursuant to DFARS 227.7202-3(a) or as
2143 +set forth in subparagraphs (c)(1) and (2) of the Commercial
2144 +Computer Software - Restricted Rights clause at FAR 52.227-19,
2145 +as applicable. Contractor/manufacturer is NVIDIA, 2701 San
2146 +Tomas Expressway, Santa Clara, CA 95050. Use of the Software
2147 +by the Government constitutes acknowledgment of NVIDIA's
2148 +proprietary rights therein.
2149 +
2150 +
2151 +5.8.7. Independent Contractors
2152 +
2153 +Licensee's relationship to NVIDIA is that of an independent
2154 +contractor, and neither party is an agent or partner of the
2155 +other. Licensee will not have, and will not represent to any
2156 +third party that it has, any authority to act on behalf of
2157 +NVIDIA.
2158 +
2159 +
2160 +5.8.8. Severability
2161 +
2162 +If for any reason a court of competent jurisdiction finds any
2163 +provision of this Agreement, or portion thereof, to be
2164 +unenforceable, that provision of the Agreement will be
2165 +enforced to the maximum extent permissible so as to affect the
2166 +intent of the parties, and the remainder of this Agreement
2167 +will continue in full force and effect. This Agreement has
2168 +been negotiated by the parties and their respective counsel
2169 +and will be interpreted fairly in accordance with its terms
2170 +and without any strict construction in favor of or against
2171 +either party.
2172 +
2173 +
2174 +5.8.9. Entire Agreement
2175 +
2176 +This Agreement and NDA constitute the entire agreement between
2177 +the parties with respect to the subject matter contemplated
2178 +herein, and merges all prior and contemporaneous
2179 +communications.
2180 +
2181 +MICROSOFT SOFTWARE LICENSE TERMS
2182 +MICROSOFT DIRECTX END USER RUNTIME
2183 +
2184 +These license terms are an agreement between Microsoft Corporation (or based on
2185 +where you live, one of its affiliates) and you. Please read them. They apply
2186 +to the software named above, which includes the media on which you received it,
2187 +if any. The terms also apply to any Microsoft
2188 +
2189 +* updates,
2190 +* supplements,
2191 +* Internet-based services, and
2192 +* support services
2193 +
2194 +for this software, unless other terms accompany those items. If so, those
2195 +terms apply.
2196 +
2197 +BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO
2198 +NOT USE THE SOFTWARE.
2199 +
2200 +If you comply with these license terms, you have the rights below.
2201 +
2202 +1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies
2203 +of the software on your devices.
2204 +
2205 +2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only
2206 +gives you some rights to use the software. Microsoft reserves all other
2207 +rights. Unless applicable law gives you more rights despite this limitation,
2208 +you may use the software only as expressly permitted in this agreement. In
2209 +doing so, you must comply with any technical limitations in the software that
2210 +only allow you to use it in certain ways. You may not
2211 +
2212 +* work around any technical limitations in the software;
2213 +* reverse engineer, decompile or disassemble the software, except and only to
2214 + the extent that applicable law expressly permits, despite this limitation;
2215 +* make more copies of the software than specified in this agreement or allowed
2216 + by applicable law, despite this limitation;
2217 +* publish the software for others to copy;
2218 +* rent, lease or lend the software;
2219 +* transfer the software or this agreement to any third party; or
2220 +* use the software for commercial software hosting services.
2221 +
2222 +3. BACKUP COPY. You may make one backup copy of the software. You may use it
2223 +only to reinstall the software.
2224 +
2225 +4. DOCUMENTATION. Any person that has valid access to your computer or
2226 +internal network may copy and use the documentation for your internal,
2227 +reference purposes.
2228 +
2229 +5. EXPORT RESTRICTIONS. The software is subject to United States export laws
2230 +and regulations. You must comply with all domestic and international export
2231 +laws and regulations that apply to the software. These laws include
2232 +restrictions on destinations, end users and end use. For additional
2233 +information, see www.microsoft.com/exporting.
2234 +
2235 +6. SUPPORT SERVICES. Because this software is "as is," we may not provide
2236 +support services for it.
2237 +
2238 +7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates,
2239 +Internet-based services and support services that you use, are the entire
2240 +agreement for the software and support services.
2241 +
2242 +8. APPLICABLE LAW.
2243 +
2244 +a. United States. If you acquired the software in the United States,
2245 +Washington state law governs the interpretation of this agreement and applies
2246 +to claims for breach of it, regardless of conflict of laws principles. The
2247 +laws of the state where you live govern all other claims, including claims
2248 +under state consumer protection laws, unfair competition laws, and in tort.
2249 +
2250 +b. Outside the United States. If you acquired the software in any other
2251 +country, the laws of that country apply.
2252 +
2253 +9. LEGAL EFFECT. This agreement describes certain legal rights. You may have
2254 +other rights under the laws of your country. You may also have rights with
2255 +respect to the party from whom you acquired the software. This agreement does
2256 +not change your rights under the laws of your country if the laws of your
2257 +country do not permit it to do so.
2258 +
2259 +10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE
2260 +RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR
2261 +CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS
2262 +WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL
2263 +LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
2264 +A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2265 +
2266 +11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM
2267 +MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT
2268 +RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL,
2269 +INDIRECT OR INCIDENTAL DAMAGES.
2270 +
2271 +This limitation applies to
2272 +
2273 +* anything related to the software, services, content (including code) on third
2274 + party Internet sites, or third party programs; and
2275 +* claims for breach of contract, breach of warranty, guarantee or condition,
2276 + strict liability, negligence, or other tort to the extent permitted by
2277 + applicable law.
2278 +
2279 +It also applies even if Microsoft knew or should have known about the
2280 +possibility of the damages. The above limitation or exclusion may not apply to
2281 +you because your country may not allow the exclusion or limitation of
2282 +incidental, consequential or other damages.
2283 +
2284 +The Software contains components, as listed below that are
2285 +licensed to Licensee pursuant to the terms and conditions of
2286 +their respective End User License Agreements:
2287 +
2288 + * NVIDIA CUDA Samples
2289 +
2290 + * NVIDIA CUDA Toolkit
2291 +
2292 + * NVIDIA DirectX SDK
2293 +
2294 +More information, including licensing information, about the
2295 +NVIDIA CUDA Toolkit and the NVIDIA CUDA Samples can be found
2296 +at: http://www.nvidia.com/getcuda
2297 +
2298 +More information, including licensing information, about the
2299 +NVIDIA DirectX SDK can be found at:
2300 +http://developer.nvidia.com/object/sdk_home.html
2301 +
2302 +
2303 +6. NVIDIA CUDA General Terms
2304 +----------------------------
2305 +
2306 +The Software, on the Windows platform, may collect
2307 +non-personally identifiable information for the purposes of
2308 +customizing information delivered to you and improving future
2309 +versions of the Software. Such information, including IP
2310 +address and system configuration, will only be collected on an
2311 +anonymous basis and cannot be linked to any personally
2312 +identifiable information. Personally identifiable information
2313 +such as your username or hostname is not collected.
2314 +
2315 +-------------------------------------------------------------