Gentoo Archives: gentoo-commits

From: Ionen Wolkens <ionen@g.o>
To: gentoo-commits@l.g.o
Subject: [gentoo-commits] repo/gentoo:master commit in: licenses/, profiles/
Date: Wed, 31 Aug 2022 09:58:15
Message-Id: 1661939634.2858ad389e5915858639f10c1b608d743a137f24.ionen@gentoo
1 commit: 2858ad389e5915858639f10c1b608d743a137f24
2 Author: Bernd Waibel <waebbl-gentoo <AT> posteo <DOT> net>
3 AuthorDate: Mon Jun 28 18:56:17 2021 +0000
4 Commit: Ionen Wolkens <ionen <AT> gentoo <DOT> org>
5 CommitDate: Wed Aug 31 09:53:54 2022 +0000
6 URL: https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=2858ad38
7
8 licenses: add NVIDIA-SDK
9
10 used by dev-libs/optix package
11 created from pdf included in the distribution by pdftotext
12
13 Signed-off-by: Bernd Waibel <waebbl-gentoo <AT> posteo.net>
14 Signed-off-by: Ionen Wolkens <ionen <AT> gentoo.org>
15
16 licenses/NVIDIA-SDK | 286 ++++++++++++++++++++++++++++++++++++++++++++++++
17 profiles/license_groups | 2 +-
18 2 files changed, 287 insertions(+), 1 deletion(-)
19
20 diff --git a/licenses/NVIDIA-SDK b/licenses/NVIDIA-SDK
21 new file mode 100644
22 index 000000000000..a0347beff44e
23 --- /dev/null
24 +++ b/licenses/NVIDIA-SDK
25 @@ -0,0 +1,286 @@
26 +SOFTWARE DEVELOPER KITS, SAMPLES AND TOOLS LICENSE AGREEMENT
27 +
28 +IMPORTANT – READ BEFORE DOWNLOADING, INSTALLING, COPYING OR USING THE LICENSED SOFTWARE
29 +
30 +READ CAREFULLY: This Software Developer Kits, Samples and Tools License Agreement ("Agreement”), made and entered into as of
31 +the time and date of click through action (“Effective Date”), is a legal agreement between you and NVIDIA Corporation ("NVIDIA")
32 +and governs the use of the following NVIDIA deliverables to the extent provided to you under this Agreement: API’s, sample source
33 +code, header files, binary software and/or documentation (collectively, "Licensed Software"). By downloading, installing, copying, or
34 +otherwise using the Licensed Software, you agree to be bound by the terms of this Agreement. If you do NOT AGREE TO THE TERMS
35 +OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, COPY OR USE THE NVIDIA LICENSED SOFTWARE. IF YOU ARE ENTERING INTO
36 +THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY
37 +TO BIND THE ENTITY TO THIS AGREEMENT, IN WHICH CASE “YOU” WILL MEAN THE ENTITY YOU REPRESENT. IF YOU DON’T HAVE
38 +SUCH AUTHORITY, OR IF YOU DON’T ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN NVIDIA IS UNWILLING
39 +TO LICENSE THE LICENSED SOFTWARE TO YOU, AND YOU MAY NOT DOWNLOAD, INSTALL, COPY OR USE IT.
40 +
41 +1. LICENSE.
42 +
43 +1.1 License Grant. Subject to the terms of this Agreement, NVIDIA hereby grants you a nonexclusive, non-transferable,
44 +worldwide, revocable, limited, royalty-free, fully paid-up license to during the term of this Agreement:
45 +(i) install, use and reproduce the software delivered by NVIDIA, make modifications and create derivative works of
46 +sample source code software delivered by NVIDIA and use documentation delivered by NVIDIA, provided that the software is
47 +executed only in supported NVIDIA GPU hardware products (as specified in the accompanying documentation, such as release
48 +notes) that you separately obtain from NVIDIA or its affiliates, all to develop, test and service your products (each, a “Customer
49 +Product”) that are interoperable with supported NVIDIA GPU hardware products; and
50 +(ii) sub-license and distribute in binary format the API library software and header files as delivered by NVIDIA and
51 +sample source code as delivered by NVIDIA or as modified by you, all as incorporated into a Customer Product for use by your
52 +recipients only in the supported NVIDIA GPU hardware products separately obtained, provided that: (a) all such distributions by you
53 +or your distribution channels are consistent with the terms of this Agreement; and (b) you must enter into enforceable agreements
54 +with your recipients that binds them to terms that are consistent with the terms set forth in this Agreement for their use of the
55 +software binaries, including (without limitation) terms relating to the license grant and license restrictions, confidentiality and
56 +protection of NVIDIA’s intellectual property rights in and to the software you distributed. You are liable for the distribution and the
57 +use of distributed software if you failed to comply or enforce the distribution requirements of this Agreement. You agree to notify
58 +NVIDIA in writing of any known or suspected use or distribution of the Licensed Software that are not in compliance with the terms
59 +of this Agreement.
60 +
61 +1.2 Enterprise and Contractor Usage. Under this Agreement you may allow (i) your Enterprise employees, and (ii) individuals
62 +who work primarily for your Enterprise on a contractor basis and from your secure network (each a "Contractor") to access and use
63 +the Licensed Software pursuant to the terms in Section 1 solely to perform work on your behalf, provided further that with respect
64 +to Contractors: (i) you obtain a written agreement from the Contractor which contains terms and obligations with respect to access
65 +to or use of Licensed Software no less protective of NVIDIA than those set forth in this Agreement, and (ii) such Contractor’s access
66 +and use expressly excludes any sublicensing or distribution rights for the Licensed Software. You are responsible for the compliance
67 +with the terms and conditions of this Agreement by your Enterprise and Contractors. Any act or omission that if committed by you
68 +would constitute a breach of this Agreement shall be deemed to constitute a breach of this Agreement if committed by your
69 +Enterprise or Contractors. “Enterprise” means you or any company or legal entity for which you accepted the terms of this
70 +Agreement, and their subsidiaries of which your company or legal entity owns more than fifty percent (50%) of the issued and
71 +outstanding equity.
72 +
73 +1.3 No Support. NVIDIA is under no obligation to provide support for the Licensed Software or to provide any error corrections
74 +or updates to the Licensed Software under this Agreement.
75 +
76 +2. LIMITATIONS.
77 +
78 +2.1 License Restrictions. Except as expressly authorized in this Agreement, you agree that you will not (nor allow third parties
79 +to): (i) copy and use software that was licensed to you for use in one or more devices in other unlicensed devices (provided that
80 +copies solely for backup purposes are allowed); (ii) reverse engineer, decompile, disassemble (except to the extent applicable laws
81 +specifically requires that such activities be permitted) or attempt to derive the source code, underlying ideas, algorithm or structure
82 +of software provided to you in object code form; (iii) sell, transfer, assign, distribute, rent, loan, lease, sublicense or otherwise make
83 +available the Licensed Software or its functionality to third parties (a) as an application services provider or service bureau, (b) by
84 +operating hosted/virtual system environments, (c) by hosting, time sharing or providing any other type of services, or (d) otherwise
85 +by means of the internet; (iv) modify, translate or otherwise create any modifications or derivative works of any of the Licensed
86 +Software; (v) remove, alter, cover or obscure any proprietary notice that appears on or with the Licensed Software or any copies
87 +thereof; (vi) use the Licensed Software, or allow its use, transfer, transmission or export in violation of any export control laws or
88 +regulations administered by the United States government; (vii) distribute, permit access to, or sublicense the Licensed Software as
89 +a stand-alone product; (viii) bypass, disable, circumvent or remove any form of copy protection, encryption, security or digital rights
90 +management or authentication mechanism used by NVIDIA in connection with the Licensed Software, or use the Licensed Software
91 +together with any authorization code, serial number, or other copy protection device not supplied by NVIDIA directly or through an
92 +authorized reseller; (ix) use the Licensed Software for the purpose of developing competing products or technologies or assisting a
93 +third party in such activities; (x) disclose the results of any benchmarking or other competitive analysis relating to the Licensed
94 +Software without the prior written permission from NVIDIA; (xi) distribute any modification you make to software under or by
95 +reference to the same name as used by NVIDIA; (xii) use the Licensed Software in any manner that would cause the Licensed
96 +Software to become subject to an Open Source License. Nothing in this Agreement shall be construed to give you a right to use, or
97 +otherwise obtain access to, any source code from which the software or any portion thereof is compiled or interpreted. “Open
98 +Source License” includes, without limitation, a software license that requires as a condition of use, modification, and/or distribution
99 +of such software that the software be (x) disclosed or distributed in source code form; (y) be licensed for the purpose of making
100 +derivative works; or (z) be redistributable at no charge.
101 +
102 +2.2 Third Party License Obligations. You acknowledge and agree that the Licensed Software may include or
103 +incorporate third party technology (collectively “Third Party Components”), which is provided for use in or
104 +with the software and not otherwise used separately. If the Licensed Software includes or incorporates Third
105 +Party Components, then the third-party pass-through terms and conditions (“Third Party Terms”) for the
106 +particular Third Party Component will be bundled with the software or otherwise made available online as
107 +indicated by NVIDIA and will be incorporated by reference into this Agreement. In the event of any conflict
108 +between the terms in this Agreement and the Third Party Terms, the Third Party Terms shall govern. Copyright
109 +to Third Party Components are held by the copyright holders indicated in the copyright notices indicated in the
110 +Third Party Terms. To obtain source code for open source software in accordance with the associated Third
111 +Party Terms, contact oss-requests@××××××.com within three years of the date of first access to the Licensed
112 +Software.
113 +
114 +Audio/Video Encoders and Decoders. You acknowledge and agree that it is your sole responsibility to obtain any additional third
115 +party licenses required to make, have made, use, have used, sell, import, and offer for sale your products or services that include or
116 +incorporate any Third Party Components and content relating to audio and/or video encoders and decoders from, including but not
117 +limited to, Microsoft, Thomson, Fraunhofer IIS, Sisvel S.p.A., MPEG-LA, and Coding Technologies as NVIDIA does not grant to you
118 +under this Agreement any necessary patent rights with respect to audio and/or video encoders and decoders.
119 +
120 +2.3 Limited Rights. Your rights in the Licensed Software are limited to those expressly granted in Section 1
121 +and no other licenses are granted whether by implication, estoppel or otherwise. NVIDIA reserves all other
122 +rights, title and interest in and to the Licensed Software not expressly granted to you under this Agreement.
123 +
124 +3. CONFIDENTIALITY. Each party will not use the other party’s Confidential Information, except as necessary
125 +for the performance of this Agreement, and will not disclose such Confidential Information to any third party,
126 +except to NVIDIA personnel, you, your Enterprise and your Enterprise Contractors that have a need to know
127 +such Confidential Information for the performance of this Agreement, provided that each such personnel,
128 +employee and Contractor is subject to a written agreement that includes confidentiality obligations consistent
129 +with those set forth herein. Each party will use all reasonable efforts to maintain the confidentiality of all of
130 +the other party’s Confidential Information in its possession or control, but in no event less than the efforts
131 +that it ordinarily uses with respect to its own Confidential Information of similar nature and importance. The
132 +foregoing obligations will not restrict either party from disclosing the other party’s Confidential Information or
133 +the terms and conditions of this Agreement as required under applicable securities regulations or pursuant to
134 +the order or requirement of a court, administrative agency, or other governmental body, provided that the
135 +party required to make such a disclosure (i) gives reasonable notice to the other party to enable it to contest
136 +such order or requirement prior to its disclosure (whether through protective orders or otherwise), (ii) uses
137 +reasonable effort to obtain confidential treatment or similar protection to the fullest extent possible to avoid
138 +public disclosure, and (iii) discloses only the minimum amount of information necessary to comply with such
139 +requirements.
140 +
141 +“Confidential Information” means the Licensed Software (unless made publicly available by NVIDIA without
142 +confidentiality obligations), and any NVIDIA business, marketing, pricing, research and development, knowhow, technical, scientific, financial status, proposed new products or other information disclosed by NVIDIA to
143 +you which, at the time of disclosure, is designated in writing as confidential or proprietary (or like written
144 +designation), or orally identified as confidential or proprietary or is otherwise reasonably identifiable by
145 +parties exercising reasonable business judgment as confidential. Confidential Information does not and will
146 +not include information that: (i) is or becomes generally known to the public through no fault of or breach of
147 +this Agreement by the receiving party; (ii) is rightfully known by the receiving party at the time of disclosure
148 +without an obligation of confidentiality; (iii) is independently developed by the receiving party without use of
149 +the disclosing party’s Confidential Information; or (iv) is rightfully obtained by the receiving party from a third
150 +party without restriction on use or disclosure.
151 +
152 +4. OWNERSHIP AND FEEDBACK.
153 +
154 +4.1 Ownership of Licensed Software. The Licensed Software, and the respective intellectual property rights therein, is and will
155 +remain the sole and exclusive property of NVIDIA and its licensors, whether the Licensed Software is separate from or combined
156 +with any other products or materials. You shall not knowingly engage in any act or omission that would impair NVIDIA’s and/or
157 +its licensors’ intellectual property rights in the Licensed Software or any other materials, information, processes or subject matter
158 +proprietary to NVIDIA. NVIDIA’s licensors are intended third party beneficiaries with the right to enforce provisions of this
159 +Agreement with respect to their Confidential Information and/or intellectual property rights.
160 +
161 +4.2 Modifications. You hold all rights, title and interest in and to the modifications to and derivative works of the NVIDIA
162 +sample source code software that you create as permitted hereunder, subject to NVIDIA’s underlying intellectual property rights in
163 +and to the NVIDIA software; provided, however that you grant NVIDIA and its affiliates an irrevocable, perpetual, nonexclusive,
164 +worldwide, royalty-free paid-up license to make, have made, use, have used, reproduce, sell, license, distribute, sublicense, transfer
165 +and otherwise commercialize modifications and derivative works including (without limitation) with the Licensed Software or other
166 +NVIDIA products, technologies or materials.
167 +
168 +4.3 Feedback. You have no obligation to provide Feedback to NVIDIA. However, NVIDIA and its affiliates may use and include
169 +any Feedback that you provide to improve the Licensed Software or other NVIDIA products, technologies or materials. Accordingly, if
170 +you provide Feedback, you agree that NVIDIA and its affiliates may at their option, and may permit its licensees, to make, have
171 +made, use, have used, reproduce, sell, license, distribute, sublicense, transfer and otherwise commercialize the Feedback in the
172 +Licensed Software or in other products, technologies or materials without the payment of any royalties or fees to you. All Feedback
173 +becomes the sole property of NVIDIA and may be used in any manner NVIDIA sees fit, and you hereby assign to NVIDIA all of your
174 +right, title and interest in and to any Feedback. NVIDIA has no obligation to respond to Feedback or to incorporate Feedback into the
175 +Licensed Software. “Feedback” means any and all suggestions, feature requests, comments or other feedback relating to the
176 +Licensed Software, including possible enhancements or modifications thereto.
177 +
178 +5. NO WARRANTIES. THE LICENSED SOFTWARE IS PROVIDED BY NVIDIA “AS IS” AND “WITH ALL FAULTS,” AND NVIDIA
179 +EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING,
180 +BUT NOT LIMITED TO, ANY WARRANTIES OF OPERABILITY, CONDITION, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS
181 +ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, NON-INGRINGEMENT, FITNESS FOR A
182 +PARTICULAR PURPOSE, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE BY
183 +NVIDIA ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. NVIDIA DOES NOT WARRANT THAT THE
184 +LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERRORFREE, OR THAT ALL ERRORS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT NVIDIA’S OBLIGATIONS UNDER THIS AGREEMENT ARE
185 +FOR THE BENEFIT OF YOU ONLY. Nothing in this warranty section affects any statutory rights of consumers or other customers to the
186 +extent that they cannot be waived or limited by contract.
187 +
188 +6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW NVIDIA SHALL NOT BE LIABLE FOR ANY SPECIAL,
189 +INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (SUCH AS, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF
190 +DATA OR LOSS OF GOODWILL), OR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH
191 +THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE LICENSED SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM
192 +BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER
193 +CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT WILL NVIDIA’S TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF
194 +THIS AGREEMENT EXCEED THE GREATER OF THE NET AMOUNT NVIDIA RECEIVED FOR YOUR USE OF THE LICENSED SOFTWARE ONE
195 +HUNDRED U.S. DOLLARS (US $100). THE NATURE OF THE LIABILITY, THE NUMBER OF CLAIMS OR SUITS OR THE NUMBER OF PARTIES
196 +WITHIN YOUR ENTERPRISE THAT ACCEPTED THE TERMS OF THIS AGREEMENT SHALL NOT ENLARGE OR EXTEND THIS LIMIT. THE
197 +FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER NVIDIA OR ITS LICENSORS HAS BEEN ADVISED OF THE
198 +POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
199 +
200 +7. TERM AND TERMINATION. This Agreement and your licenses hereunder shall become effective upon the Effective Date and shall
201 +remain in effect unless and until terminated as follows: (i) automatically if you breach any of the terms of this Agreement; or (ii) by
202 +either party upon written notice if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any
203 +proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditors, if that petition or proceeding is
204 +not dismissed with prejudice within sixty (60) days after filing, or if a party ceases to do business; (iii) by you, upon ceasing to use the
205 +Licensed Software provided under this Agreement; or (iv) by NVIDIA upon written notice if you commence or participate in any legal
206 +proceeding against NVIDIA, with respect to the Licensed Software that is the subject of the proceeding during the pendency of such
207 +legal proceeding. Termination of this Agreement shall not release the parties from any liability which, at the time of termination, has
208 +already accrued or which thereafter may accrue with respect to any act or omission before termination, or from any obligation which is
209 +expressly stated in this Agreement to survive termination. Notwithstanding the foregoing, the party terminating this Agreement shall
210 +incur no additional liability merely by virtue of such termination. Termination of this Agreement regardless of cause or nature shall
211 +be without prejudice to any other rights or remedies of the parties and shall be without liability for any loss or damage
212 +occasioned thereby. Upon any expiration or termination of this Agreement (i) you must promptly discontinue use of the Licensed
213 +Software, and (ii) you must promptly destroy or return to NVIDIA all copies of the Licensed Software and all portions thereof in your
214 +possession or control, and each party will promptly destroy or return to the other all of the other party’s Confidential Information
215 +within its possession or control, provided that your prior distributions in accordance with this Agreement are not affected by the
216 +expiration or termination of this Agreement. Upon written request, you will certify in writing that you have complied with your
217 +obligations under this section. Sections 2 through 8 will survive the expiration or termination of this Agreement for any reason.
218 +
219 +8. MISCELLANEOUS.
220 +
221 +8.1 NVIDIA Entities. NVIDIA Corporation and its subsidiaries, including, but not limited to, NVIDIA Singapore Pte Ltd., have agreed
222 +to their respective rights and obligations regarding the distribution of the Licensed Software and the performance of obligations
223 +related to the Licensed Software. Ordering and delivery shall be with the NVIDIA entity with distribution rights for the geographic
224 +region in which the Licensed Software will be used, as communicated by NVIDIA to you.
225 +
226 +8.2 Audit. During the term of this Agreement and for a period of three (3) years thereafter, you will maintain complete and
227 +accurate books and records regarding use of the Licensed Software and your performance and administration of this Agreement.
228 +During such period and upon written notice to you, NVIDIA or its authorized third party auditors subject to confidentiality obligations
229 +will have the right to inspect and audit your Enterprise books and records for the purpose of confirming your compliance with the
230 +terms of this Agreement. Any such inspection and audit will be conducted during regular business hours, in a manner that minimizes
231 +interference with your normal business activities, and no more frequent than annually unless non-compliance was previously found. If
232 +such an inspection and audit reveals an underpayment of any amounts payable to NVIDIA, then you will promptly remit the full
233 +amount of such underpayment to NVIDIA, including interest that will accrue (without the requirement of a notice) at the lower of
234 +1.5% per month or the highest rate permissible by law. If the underpaid amount exceeds five percent (5%) of the amounts payable
235 +to NVIDIA for the period audited and/or such an inspection and audit reveals a material non-conformance with the terms of this
236 +Agreement, then you will also pay NVIDIA’s reasonable costs of conducting the inspection and audit. Further, you agree that the party
237 +delivering the Licensed Software to you may collect and disclose to NVIDIA (subject to confidentiality obligations) information for
238 +NVIDIA to verify your compliance with the terms of this Agreement including (without limitation) information regarding your usage of
239 +the Licensed Software.
240 +
241 +8.3 Trademarks. You are granted no rights to use any of NVIDIA's trademarks under this Agreement. NVIDIA's trademarks include
242 +company names, product or service names, marks, logos, designs and trade dress. You may not remove, alter, or add to any of
243 +NVIDIA's trademarks that appear in or as part of the Licensed Software.
244 +
245 +8.4 Indemnity. You agree to defend, indemnify and hold harmless NVIDIA and its affiliates, and their respective employees,
246 +contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt,
247 +fines, restitutions and expenses (including but not limited to attorney’s fees and costs incident to establishing the right of
248 +indemnification) arising out of or related to you and your Enterprise, and their respective employees, contractors, agents, officers and
249 +directors: (i) use of a Licensed Software with any system or application where the use or failure of such system or application can
250 +reasonably be expected to threaten or result in personal injury, death, or catastrophic loss including, for example, use in connection
251 +with any nuclear, avionics, navigation, military, medical, life support or other life critical application; (ii) violation of any third party
252 +right, including without limitation any right of privacy or intellectual property rights; (iii) failure to comply with any applicable export
253 +and import laws, rules or regulations; or (iv) negligence or willful misconduct.
254 +
255 +8.5 Injunctive Relief. The parties agree that a breach of any of the promises or agreements contained in this Agreement may
256 +result in irreparable and continuing injury for which monetary damages would not be an adequate remedy and therefore the parties
257 +are entitled to seek injunctive relief as well as such other and further relief as may be appropriate.
258 +
259 +8.6 Waiver. The failure by either party to enforce its rights under this Agreement at any time for any period will not constitute a
260 +waiver of future enforcement of that right or any other right. Any waiver will be effective only if in writing and signed by duly
261 +authorized representatives of each party.
262 +
263 +8.7 Severability. If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or
264 +unenforceable, that provision of this Agreement will be enforced to the maximum extent permissible so as to effect the intent of the
265 +parties, and the other provisions of this Agreement will remain in full force and effect.
266 +
267 +8.8 U.S. Government Legend. You agree and certify that you will comply with all laws, regulations, rules, and other
268 +requirements applicable to transaction(s) with any government(s) occurring pursuant to this Agreement and all related matters. The
269 +Licensed Software has been developed entirely at private expense and is “commercial items” consisting of “commercial software”
270 +and “commercial software documentation” provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S.
271 +Government or a U.S. Government subcontractor is subject to the restrictions set forth in this Agreement under which Licensed
272 +Software was obtained pursuant to DFARS 227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer
273 +Software - Restricted Rights clause at FAR 52.227-19, as applicable. Contractor/manufacturer is NVIDIA, 2701 San Tomas
274 +Expressway, Santa Clara, CA 95050.
275 +
276 +8.9 Force Majeure. Neither party will be responsible for any failure or delay in its performance under this Agreement to the
277 +extent due to causes beyond its reasonable control, including, but not limited to, acts of God, fire, flood, war, earthquake,
278 +environmental conditions, governmental action, acts of civil or military authority, riots, wars, sabotage, strikes, compliance with laws
279 +or regulations, strikes, lockouts or other serious labor disputes, or shortage of or inability to obtain material or equipment for so long
280 +as such event of force majeure continues in effect.
281 +
282 +8.10 Export Control. You acknowledge that the Licensed Software, technology and related documentation described under this
283 +Agreement are subject to the U.S. Export Administration Regulations (EAR) and economic sanctions regulations administered by the
284 +U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC). You agree to comply with the EAR and OFAC regulations and
285 +all applicable international and national export and import laws. You agree not to export or re-export the Licensed Software,
286 +technology and related documentation to any destination requiring an export license or other approval under the EAR or OFAC
287 +regulations otherwise without first obtaining such export license or approval and NVIDIA’s permission. You will not, without prior
288 +governmental authorization, export or re-export NVIDIA Licensed Software, technology and related documentation, directly or
289 +indirectly, (i) to any end-user whom you know or have reason to know will utilize them in the design, development or production of
290 +nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle
291 +systems; (ii) to any end-user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S.
292 +government; or (iii) to any countries that are subject to U.S. export restrictions (currently including, but not necessarily limited to,
293 +Cuba, Iran, North Korea, Sudan, and Syria and the Region of Crimea).
294 +
295 +8.11 General. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereto and
296 +supersede all prior negotiations, conversations, or discussions between the parties relating to the subject matter hereto, oral or
297 +written, and all past dealing or industry custom. Any notice delivered by NVIDIA to you under this Agreement will be delivered via
298 +mail, email or fax. Any additional and/or conflicting terms and conditions on purchase order(s) or any other documents issued by you
299 +are null, void, and invalid. This Agreement and the rights and obligations hereunder may not be assigned by you, in whole or in part,
300 +including by merger, consolidation, dissolution, operation of law, or any other manner, without written consent of NVIDIA, and any
301 +purported assignment in violation of this provision shall be void and of no effect. Each party acknowledges and agrees that the other
302 +is an independent contractor in the performance of this Agreement, and each is solely responsible for all of its employees, agents,
303 +contractors, and labor costs and expenses arising in connection therewith. This Agreement will be governed by and construed under
304 +the laws of the State of Delaware and the United States without regard to the conflicts of law provisions thereof and without regard
305 +to the United Nations Convention on Contracts for the International Sale of Goods. The parties consent to the personal jurisdiction
306 +of the federal and state courts located in Santa Clara County, California. If one or more provisions of this Agreement are held to be
307 +unenforceable under applicable law, such provision shall be excluded from this Agreement and the balance of this Agreement shall
308 +be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms. Any amendment or
309 +waiver under this Agreement must be in writing and signed by representatives of both parties.
310 +
311 +NVIDIA SDKS, SAMPLES AND TOOLS AGREEMENT (v07.08.2016)
312
313 diff --git a/profiles/license_groups b/profiles/license_groups
314 index 2e52fd753e3a..7d2c6419fa84 100644
315 --- a/profiles/license_groups
316 +++ b/profiles/license_groups
317 @@ -73,7 +73,7 @@ BINARY-REDISTRIBUTABLE @FREE Amazon Atmel AVASYS bh-luxi bonnie Broadcom freedis
318
319 # License agreements that try to take away your rights. These are more
320 # restrictive than "all-rights-reserved" or require explicit approval.
321 -EULA 2dboy-EULA AMD-GPU-PRO-EULA android AnyDesk-TOS Aseprite-EULA baudline BCS bestcrypt CAPYBARA-EULA Coherent-Graphics ETQW f.lux FAH-EULA-2014 Flightradar24 Gameplay-Group-EULA geekbench genymotion GIMPS GOG-EULA google-chrome Intel-SDP Introversion JoyPixels LOKI-EULA MakeMKV-EULA Microsemi microsoft-edge Microsoft-vscode Mojang ms-teams-pre MTA-0.5 NVIDIA-CUDA OPERA-2018 PAPERS-PLEASE PassMark-EULA PICO-8 Primate-Plunge PUEL Q3AEULA-20000111 QUAKE4 RAR sfpg Sourcetrail SPS Steam supermicro Synology teamspeak3 teamspeak5 TeamViewer THINKTANKS TIK ubiquiti ut2003 ut2003-demo Vivaldi worklog-assistant WPS-EULA zi-labone
322 +EULA 2dboy-EULA AMD-GPU-PRO-EULA android AnyDesk-TOS Aseprite-EULA baudline BCS bestcrypt CAPYBARA-EULA Coherent-Graphics ETQW f.lux FAH-EULA-2014 Flightradar24 Gameplay-Group-EULA geekbench genymotion GIMPS GOG-EULA google-chrome Intel-SDP Introversion JoyPixels LOKI-EULA MakeMKV-EULA Microsemi microsoft-edge Microsoft-vscode Mojang ms-teams-pre MTA-0.5 NVIDIA-CUDA NVIDIA-SDK OPERA-2018 PAPERS-PLEASE PassMark-EULA PICO-8 Primate-Plunge PUEL Q3AEULA-20000111 QUAKE4 RAR sfpg Sourcetrail SPS Steam supermicro Synology teamspeak3 teamspeak5 TeamViewer THINKTANKS TIK ubiquiti ut2003 ut2003-demo Vivaldi worklog-assistant WPS-EULA zi-labone
323
324 # Deprecated license labels, used by repoman and pkgcheck
325 #DEPRECATED (currently none)