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 |
1177 |
+TERMS AND CONDITIONS OF THIS AGREEMENT. IF DEVELOPER DOES NOT |
1178 |
+AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN DO |
1179 |
+NOT DOWNLOAD THE SOFTWARE AND MATERIALS. |
1180 |
+ |
1181 |
+The materials available for download to Developers may include |
1182 |
+software in both sample source ("Source Code") and object code |
1183 |
+("Object Code") versions, documentation ("Documentation"), |
1184 |
+certain art work ("Art Assets") and other materials |
1185 |
+(collectively, these materials referred to herein as |
1186 |
+"Materials"). Except as expressly indicated herein, all terms |
1187 |
+and conditions of this Agreement apply to all of the |
1188 |
+Materials. |
1189 |
+ |
1190 |
+Except as expressly set forth herein, NVIDIA owns all of the |
1191 |
+Materials and makes them available to Developer only under the |
1192 |
+terms and conditions set forth in this Agreement. |
1193 |
+ |
1194 |
+ |
1195 |
+2.1. License |
1196 |
+ |
1197 |
+Subject to the terms of this Agreement, NVIDIA hereby grants |
1198 |
+to Developer a royalty-free, non-exclusive license to possess |
1199 |
+and to use the Materials. Developer may install and use |
1200 |
+multiple copies of the Materials on a shared computer or |
1201 |
+concurrently on different computers, and make multiple back-up |
1202 |
+copies of the Materials, solely for Licensee's use within |
1203 |
+Licensee's Enterprise. "Enterprise" shall mean individual use |
1204 |
+by Licensee or any legal entity (such as a corporation or |
1205 |
+university) and the subsidiaries it owns by more than 50 |
1206 |
+percent. |
1207 |
+ |
1208 |
+The following terms apply to the specified type of Material. |
1209 |
+ |
1210 |
+ |
1211 |
+2.1.1. Source Code |
1212 |
+ |
1213 |
+Developer shall have the right to modify and create derivative |
1214 |
+works with the Source Code. Developer shall own any derivative |
1215 |
+works ("Derivatives") it creates to the Source Code, provided |
1216 |
+that Developer uses the Materials in accordance with the terms |
1217 |
+and conditions of this Agreement. Developer may distribute the |
1218 |
+Derivatives, provided that all NVIDIA copyright notices and |
1219 |
+trademarks are propagated and used properly and the |
1220 |
+Derivatives include the following statement: "This software |
1221 |
+contains source code provided by NVIDIA Corporation." |
1222 |
+ |
1223 |
+ |
1224 |
+2.1.2. Object Code |
1225 |
+ |
1226 |
+Developer agrees not to disassemble, decompile or reverse |
1227 |
+engineer the Object Code versions of any of the Materials. |
1228 |
+Developer acknowledges that certain of the Materials provided |
1229 |
+in Object Code version may contain third party components that |
1230 |
+may be subject to restrictions, and expressly agrees not to |
1231 |
+attempt to modify or distribute such Materials without first |
1232 |
+receiving consent from NVIDIA. |
1233 |
+ |
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 |
+------------------------------------------------------------- |