Gentoo Archives: gentoo-commits

From: Justin Lecher <jlec@g.o>
To: gentoo-commits@l.g.o
Subject: [gentoo-commits] proj/sci:master commit in: licenses/
Date: Mon, 21 Sep 2015 19:06:00
Message-Id: 1442860337.5b1471d22175950842e361103c8ac6962c96394e.jlec@gentoo
1 commit: 5b1471d22175950842e361103c8ac6962c96394e
2 Author: Marius Brehler <marbre <AT> linux <DOT> sungazer <DOT> de>
3 AuthorDate: Mon Sep 21 18:32:17 2015 +0000
4 Commit: Justin Lecher <jlec <AT> gentoo <DOT> org>
5 CommitDate: Mon Sep 21 18:32:17 2015 +0000
6 URL: https://gitweb.gentoo.org/proj/sci.git/commit/?id=5b1471d2
7
8 Moved to tree
9
10 licenses/NVIDIA-CUDA | 2297 --------------------------------------------------
11 1 file changed, 2297 deletions(-)
12
13 diff --git a/licenses/NVIDIA-CUDA b/licenses/NVIDIA-CUDA
14 deleted file mode 100644
15 index e101b27..0000000
16 --- a/licenses/NVIDIA-CUDA
17 +++ /dev/null
18 @@ -1,2297 +0,0 @@
19 -End User License Agreement
20 ---------------------------
21 -
22 -
23 -Preface
24 --------
25 -
26 -The following contains specific license terms and conditions
27 -for four separate NVIDIA products. By accepting this
28 -agreement, you agree to comply with all the terms and
29 -conditions applicable to the specific product(s) included
30 -herein.
31 -
32 -
33 -NVIDIA CUDA Toolkit
34 -
35 -
36 -Description
37 -
38 -The NVIDIA CUDA Toolkit provides command-line and graphical
39 -tools for building, debugging and optimizing the performance
40 -of applications accelerated by NVIDIA GPUs, runtime and math
41 -libraries, and documentation including programming guides,
42 -user manuals, and API references. The NVIDIA CUDA Toolkit
43 -License Agreement is available in Chapter 1.
44 -
45 -
46 -Default Install Location of CUDA Toolkit
47 -
48 -Windows platform:
49 -
50 -%ProgramFiles%\NVIDIA GPU Computing Toolkit\CUDA\v#.#
51 -
52 -Linux platform:
53 -
54 -/usr/local/cuda-#.#
55 -
56 -Mac platform:
57 -
58 -/Developer/NVIDIA/CUDA-#.#
59 -
60 -
61 -NVIDIA CUDA Samples
62 -
63 -
64 -Description
65 -
66 -This package includes over 100+ CUDA examples that demonstrate
67 -various CUDA programming principles, and efficient CUDA
68 -implementation of algorithms in specific application domains.
69 -The NVIDIA CUDA Samples License Agreement is available in
70 -Chapter 2.
71 -
72 -
73 -Default Install Location of CUDA Samples
74 -
75 -Windows platform:
76 -
77 -%ProgramData%\NVIDIA Corporation\CUDA Samples\v#.#
78 -
79 -Linux platform:
80 -
81 -/usr/local/cuda-#.#/samples
82 -
83 -and
84 -
85 -$HOME/NVIDIA_CUDA-#.#_Samples
86 -
87 -Mac platform:
88 -
89 -/Developer/NVIDIA/CUDA-#.#/samples
90 -
91 -
92 -NVIDIA Driver
93 -
94 -
95 -Description
96 -
97 -This package contains the operating system driver and
98 -fundamental system software components for NVIDIA GPUs. The
99 -NVIDIA Driver License for the Windows platform is available in
100 -Chapter 3, and the NVIDIA Driver License for the Linux and Mac
101 -OSX platforms is available in Chapter 4.
102 -
103 -
104 -NVIDIA Nsight Visual Studio Edition (Windows only)
105 -
106 -
107 -Description
108 -
109 -NVIDIA Nsight Development Platform, Visual Studio Edition is a
110 -development environment integrated into Microsoft Visual
111 -Studio that provides tools for debugging, profiling, analyzing
112 -and optimizing your GPU computing and graphics applications.
113 -The NVIDIA Nsight Visual Studio Edition License Agreement is
114 -available in Chapter 5.
115 -
116 -
117 -Default Install Location of Nsight Visual Studio Edition
118 -
119 -Windows platform:
120 -
121 -%ProgramFiles(x86)%\NVIDIA Corporation\Nsight Visual Studio Edition #.#
122 -
123 -
124 -NVIDIA CUDA General Terms
125 -
126 -
127 -Description
128 -
129 -General terms that apply to all of the software components are
130 -available in Chapter 6.
131 -
132 -
133 -1. NVIDIA CUDA Toolkit License Agreement
134 -----------------------------------------
135 -
136 -
137 -Important Notice
138 -----------------
139 -
140 -READ CAREFULLY: This Software License Agreement ("Agreement")
141 -for NVIDIA CUDA Toolkit, including computer software and
142 -associated documentation ("Software"), is the Agreement which
143 -governs use of the SOFTWARE of NVIDIA Corporation and its
144 -subsidiaries ("NVIDIA") downloadable herefrom. By downloading,
145 -installing, copying, or otherwise using the SOFTWARE, You (as
146 -defined below) agree to be bound by the terms of this
147 -Agreement. If You do not agree to the terms of this Agreement,
148 -do not download the SOFTWARE.
149 -
150 -
151 -Recitals
152 ---------
153 -
154 -Use of NVIDIA's SOFTWARE requires three elements: the
155 -SOFTWARE, an NVIDIA GPU or application processor ("NVIDIA
156 -Hardware"), and a computer system. The SOFTWARE is protected
157 -by copyright laws and international copyright treaties, as
158 -well as other intellectual property laws and treaties. The
159 -SOFTWARE is not sold, and instead is only licensed for Your
160 -use, strictly in accordance with this Agreement. The NVIDIA
161 -Hardware is protected by various patents, and is sold, but
162 -this Agreement does not cover the sale or use of such
163 -hardware, since it may not necessarily be sold as a package
164 -with the SOFTWARE. This Agreement sets forth the terms and
165 -conditions of the SOFTWARE only.
166 -
167 -
168 -1.1. Definitions
169 -
170 -
171 -1.1.1. Licensee
172 -
173 -"You", or "Your" shall mean the entity or individual that
174 -downloads and uses the SOFTWARE.
175 -
176 -
177 -1.1.2. Redistributable Software
178 -
179 -"Redistributable Software" shall mean the redistributable
180 -libraries referenced in Attachment A of this Agreement.
181 -
182 -
183 -1.1.3. Software
184 -
185 -"SOFTWARE" shall mean the deliverables provided pursuant to
186 -this Agreement. SOFTWARE may be provided in either source or
187 -binary form, at NVIDIA's discretion.
188 -
189 -
190 -1.2. Grant of License
191 -
192 -
193 -1.2.1. Rights and Limitations of Grant
194 -
195 -Provided that Licensee complies with the terms of this
196 -Agreement, NVIDIA hereby grants Licensee the following
197 -limited, non-exclusive, non-transferable, non-sublicensable
198 -(except as expressly permitted otherwise for Redistributable
199 -Software in Section 1.2.1.1 and Section 1.2.1.3 of this
200 -Agreement) right to use the SOFTWARE -- and, if the SOFTWARE
201 -is provided in source form, to compile the SOFTWARE -- with
202 -the following limitations:
203 -
204 -
205 -1.2.1.1. Redistribution Rights
206 -
207 -Licensee may transfer, redistribute, and sublicense certain
208 -files of the Redistributable SOFTWARE, as defined in
209 -Attachment A of this Agreement, provided, however, that (a)
210 -the Redistributable SOFTWARE shall be distributed solely in
211 -binary form to Licensee's licensees ("Customers") only as a
212 -component of Licensee's own software products (each, a
213 -"Licensee Application"); (b) Licensee shall design the
214 -Licensee Application such that the Redistributable SOFTWARE
215 -files are installed only in a private (non-shared) directory
216 -location that is used only by the Licensee Application; (c)
217 -Licensee shall obtain each Customer's written or clickwrap
218 -agreement to the license terms under a written, legally
219 -enforceable agreement that has the effect of protecting the
220 -SOFTWARE and the rights of NVIDIA under terms no less
221 -restrictive than this Agreement.
222 -
223 -
224 -1.2.1.2. Usage Rights
225 -
226 -Licensee may install and use multiple copies of the SOFTWARE
227 -on a shared computer or concurrently on different computers,
228 -and make multiple back-up copies of the SOFTWARE, solely for
229 -Licensee's use within Licensee's Enterprise. "Enterprise"
230 -shall mean individual use by Licensee or any legal entity
231 -(such as a corporation or university) and the subsidiaries it
232 -owns by more than 50 percent.
233 -
234 -
235 -1.2.1.3. Further Redistribution Rights
236 -
237 -Subject to the terms and conditions of the Agreement, Licensee
238 -may authorize Customers to further redistribute the
239 -Redistributable SOFTWARE that such Customers receive as part
240 -of the Licensee Application, solely in binary form, provided,
241 -however, that Licensee shall require in their standard
242 -software license agreements with Customers that all such
243 -redistributions must be made pursuant to a license agreement
244 -that has the effect of protecting the SOFTWARE and the rights
245 -of NVIDIA whose terms and conditions are at least as
246 -restrictive as those in the applicable Licensee software
247 -license agreement covering the Licensee Application. For
248 -avoidance of doubt, termination of this Agreement shall not
249 -affect rights previously granted by Licensee to its Customers
250 -under this Agreement to the extent validly granted to
251 -Customers under Section 1.2.1.1.
252 -
253 -
254 -1.2.1.4. Linux/FreeBSD Exception
255 -
256 -Notwithstanding the foregoing terms of Section 1.2.1.2,
257 -Section 1.2.1.1 and Section 1.2.1.3, SOFTWARE designed
258 -exclusively for use on the Linux or FreeBSD operating systems,
259 -or other operating systems derived from the source code to
260 -these operating systems, may be copied and redistributed,
261 -provided that the binary files thereof are not modified in any
262 -way (except for unzipping of compressed files).
263 -
264 -
265 -1.2.1.5. Additional Licensing Obligations
266 -
267 -Licensee acknowledges and agrees that its use of certain third
268 -party components included with the SOFTWARE may be subject to
269 -additional licensing terms and conditions as set forth or
270 -referenced in Attachment B of this Agreement.
271 -
272 -
273 -1.2.1.6. Limitations
274 -
275 -No Reverse Engineering
276 -
277 -If the SOFTWARE is provided in binary form, Licensee may not
278 -reverse engineer, decompile, or disassemble the SOFTWARE, nor
279 -attempt in any other manner to obtain the source code.
280 -
281 -No Separation of Components
282 -
283 -The SOFTWARE is licensed as a single product. Except as
284 -authorized in this Agreement, Software component parts of the
285 -Software may not be separated for use on more than one
286 -computer, nor otherwise used separately from the other parts.
287 -
288 -No Rental
289 -
290 -Licensee may not rent or lease the SOFTWARE to someone else.
291 -
292 -No Modifications
293 -
294 -If the SOFTWARE is provided in source form, Licensee may not
295 -modify or create derivative works of the SOFTWARE.
296 -
297 -
298 -1.3. Term and Termination
299 -
300 -This Agreement will continue in effect for two (2) years
301 -("Initial Term") after Your initial download and use of the
302 -SOFTWARE, subject to the exclusive right of NVIDIA to
303 -terminate as provided herein. The term of this Agreement will
304 -automatically renew for successive one (1) year renewal terms
305 -after the Initial Term, unless either party provides to the
306 -other party at least three (3) months prior written notice of
307 -termination before the end of the applicable renewal term.
308 -
309 -This Agreement will automatically terminate if Licensee fails
310 -to comply with any of the terms and conditions hereof. In such
311 -event, Licensee must destroy all copies of the SOFTWARE and
312 -all of its component parts.
313 -
314 -
315 -Defensive Suspension
316 -
317 -If Licensee commences or participates in any legal proceeding
318 -against NVIDIA, then NVIDIA may, in its sole discretion,
319 -suspend or terminate all license grants and any other rights
320 -provided under this Agreement during the pendency of such
321 -legal proceedings.
322 -
323 -
324 -1.4. Copyright
325 -
326 -All rights, title, interest and copyrights in and to the
327 -SOFTWARE (including but not limited to all images,
328 -photographs, animations, video, audio, music, text, and other
329 -information incorporated into the SOFTWARE), the accompanying
330 -printed materials, and any copies of the SOFTWARE, are owned
331 -by NVIDIA, or its suppliers. The SOFTWARE is protected by
332 -copyright laws and international treaty provisions.
333 -Accordingly, Licensee is required to treat the SOFTWARE like
334 -any other copyrighted material, except as otherwise allowed
335 -pursuant to this Agreement and that it may make one copy of
336 -the SOFTWARE solely for backup or archive purposes.
337 -
338 -RESTRICTED RIGHTS NOTICE. Software has been developed entirely
339 -at private expense and is commercial computer software
340 -provided with RESTRICTED RIGHTS. Use, duplication or
341 -disclosure by the U.S. Government or a U.S. Government
342 -subcontractor is subject to the restrictions set forth in the
343 -Agreement under which Software was obtained pursuant to DFARS
344 -227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2)
345 -of the Commercial Computer Software - Restricted Rights clause
346 -at FAR 52.227-19, as applicable. Contractor/manufacturer is
347 -NVIDIA, 2701 San Tomas Expressway, Santa Clara, CA 95050.
348 -
349 -
350 -1.5. Applicable Law
351 -
352 -This Agreement shall be deemed to have been made in, and shall
353 -be construed pursuant to, the laws of the State of Delaware.
354 -The United Nations Convention on Contracts for the
355 -International Sale of Goods is specifically disclaimed. The
356 -courts of Santa Clara County, California shall have exclusive
357 -jurisdiction and venue over any dispute arising out of or
358 -relating to this Agreement.
359 -
360 -
361 -1.6. Disclaimer of Warranties and Limitations on Liability
362 -
363 -
364 -1.6.1. No Warranties
365 -
366 -TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
367 -SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS
368 -DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING,
369 -BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
370 -FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
371 -
372 -
373 -1.6.2. No Liability for Consequential Damages
374 -
375 -TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
376 -SHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
377 -INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
378 -(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
379 -PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
380 -OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
381 -INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED
382 -OF THE POSSIBILITY OF SUCH DAMAGES.
383 -
384 -
385 -1.6.3. No Support
386 -
387 -NVIDIA has no obligation to support or to provide any updates
388 -of the Software.
389 -
390 -
391 -1.7. Miscellaneous
392 -
393 -
394 -1.7.1. Feedback
395 -
396 -Notwithstanding any Non-Disclosure Agreement executed by and
397 -between the parties, the parties agree that in the event
398 -Licensee or NVIDIA provides Feedback (as defined below) to the
399 -other party on how to design, implement, or improve the
400 -SOFTWARE or Licensee's product(s) for use with the SOFTWARE,
401 -the following terms and conditions apply the Feedback:
402 -
403 -
404 -1.7.1.1. Exchange of Feedback
405 -
406 -Both parties agree that neither party has an obligation to
407 -give the other party any suggestions, comments or other
408 -feedback, whether verbally or in written or source code form,
409 -relating to (i) the SOFTWARE; (ii) Licensee's products; (iii)
410 -Licensee's use of the SOFTWARE; or (iv)
411 -optimization/interoperability of Licensee's product with the
412 -SOFTWARE (collectively defined as "Feedback"). In the event
413 -either party provides Feedback to the other party, the party
414 -receiving the Feedback may use any Feedback that the other
415 -party voluntarily provides to improve the (i) SOFTWARE or
416 -other related NVIDIA technologies, respectively for the
417 -benefit of NVIDIA; or (ii) Licensee's product or other related
418 -Licensee technologies, respectively for the benefit of
419 -Licensee. Accordingly, if either party provides Feedback to
420 -the other party, both parties agree that the other party and
421 -its respective licensees may freely use, reproduce, license,
422 -distribute, and otherwise commercialize the Feedback in the
423 -(i) SOFTWARE or other related technologies; or (ii) Licensee's
424 -products or other related technologies, respectively, without
425 -the payment of any royalties or fees.
426 -
427 -
428 -1.7.1.2. Residual Rights
429 -
430 -Licensee agrees that NVIDIA shall be free to use any general
431 -knowledge, skills and experience, (including, but not limited
432 -to, ideas, concepts, know-how, or techniques) ("Residuals"),
433 -contained in the (i) Feedback provided by Licensee to NVIDIA;
434 -(ii) Licensee's products shared or disclosed to NVIDIA in
435 -connection with the Feedback; or (c) Licensee's confidential
436 -information voluntarily provided to NVIDIA in connection with
437 -the Feedback, which are retained in the memories of NVIDIA's
438 -employees, agents, or contractors who have had access to such
439 -Residuals. Subject to the terms and conditions of this
440 -Agreement, NVIDIA's employees, agents, or contractors shall
441 -not be prevented from using Residuals as part of such
442 -employee's, agent's or contractor's general knowledge, skills,
443 -experience, talent, and/or expertise. NVIDIA shall not have
444 -any obligation to limit or restrict the assignment of such
445 -employees, agents or contractors or to pay royalties for any
446 -work resulting from the use of Residuals.
447 -
448 -
449 -1.7.1.3. Disclaimer of Warranty
450 -
451 -FEEDBACK FROM EITHER PARTY IS PROVIDED FOR THE OTHER PARTY'S
452 -USE "AS IS" AND BOTH PARTIES DISCLAIM ALL WARRANTIES, EXPRESS,
453 -IMPLIED AND STATUTORY INCLUDING, WITHOUT LIMITATION, THE
454 -IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
455 -PARTICULAR PURPOSE, OR NONINFRINGEMENT. BOTH PARTIES DO NOT
456 -REPRESENT OR WARRANT THAT THE FEEDBACK WILL MEET THE OTHER
457 -PARTY'S REQUIREMENTS OR THAT THE OPERATION OR IMPLEMENTATION
458 -OF THE FEEDBACK WILL BE UNINTERRUPTED OR ERROR-FREE.
459 -
460 -
461 -1.7.1.4. No Liability for Consequential Damages
462 -
463 -TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
464 -SHALL EITHER PARTY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
465 -INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
466 -(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
467 -PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
468 -OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
469 -INABILITY TO USE THE FEEDBACK, EVEN IF THE OTHER PARTY HAS
470 -BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
471 -
472 -
473 -1.7.2. Freedom of Action
474 -
475 -Licensee agrees that this Agreement is nonexclusive and NVIDIA
476 -may currently or in the future be developing software, other
477 -technology or confidential information internally, or
478 -receiving confidential information from other parties that
479 -maybe similar to the Feedback and Licensee's confidential
480 -information (as provided in Section 1.7.1.2 above), which may
481 -be provided to NVIDIA in connection with Feedback by Licensee.
482 -Accordingly, Licensee agrees that nothing in this Agreement
483 -will be construed as a representation or inference that NVIDIA
484 -will not develop, design, manufacture, acquire, market
485 -products, or have products developed, designed, manufactured,
486 -acquired, or marketed for NVIDIA, that compete with the
487 -Licensee's products or confidential information.
488 -
489 -
490 -1.7.3. No Implied Licenses
491 -
492 -Under no circumstances should anything in this Agreement be
493 -construed as NVIDIA granting by implication, estoppel or
494 -otherwise, (i) a license to any NVIDIA product or technology
495 -other than the SOFTWARE; or (ii) any additional license rights
496 -for the SOFTWARE other than the licenses expressly granted in
497 -this Agreement.
498 -
499 -
500 -1.7.4.
501 -
502 -If any provision of this Agreement is inconsistent with, or
503 -cannot be fully enforced under, the law, such provision will
504 -be construed as limited to the extent necessary to be
505 -consistent with and fully enforceable under the law. This
506 -Agreement is the final, complete and exclusive agreement
507 -between the parties relating to the subject matter hereof, and
508 -supersedes all prior or contemporaneous understandings and
509 -agreements relating to such subject matter, whether oral or
510 -written. This Agreement may only be modified in writing signed
511 -by an authorized officer of NVIDIA. Licensee agrees that it
512 -will not ship, transfer or export the SOFTWARE into any
513 -country, or use the SOFTWARE in any manner, prohibited by the
514 -United States Bureau of Industry and Security or any export
515 -laws, restrictions or regulations.
516 -
517 -
518 -1.7.5.
519 -
520 -The parties agree that the following sections of the Agreement
521 -will survive the termination of the License: Section 1.2.1.4,
522 -Section 1.4, Section 1.5, Section 1.6, and Section 1.7.
523 -
524 -
525 -1.8. Attachment A
526 -
527 -
528 -Redistributable Software
529 -
530 -In connection with Section 1.2.1.1 of this Agreement, the
531 -following files may be redistributed with software
532 -applications developed by Licensee, including certain
533 -variations of these files that have version number or
534 -architecture specific information embedded in the file name -
535 -as an example only, for release version 6.0 of the 64-bit
536 -Windows software, the file cudart64_60.dll is redistributable.
537 -
538 -Component : CUDA Runtime
539 - Windows : cudart.dll, cudart_static.lib, cudadevrt.lib
540 - Mac OSX : libcudart.dylib, libcudart_static.a, libcudadevrt.a
541 - Linux : libcudart.so, libcudart_static.a, libcudadevrt.a
542 - Android : libcudart.so, libcudart_static.a, libcudadevrt.a
543 -
544 -Component : CUDA FFT Library
545 - Windows : cufft.dll, cufftw.dll
546 - Mac OSX : libcufft.dylib, libcufft_static.a, libcufftw.dylib, libcufftw_static.a
547 - Linux : libcufft.so, libcufft_static.a, libcufftw.so, libcufftw_static.a
548 - Android : libcufft.so, libcufft_static.a, libcufftw.so, libcufftw_static.a
549 -
550 -Component : CUDA BLAS Library
551 - Windows : cublas.dll, cublas_device.lib
552 - Mac OSX : libcublas.dylib, libcublas_static.a, libcublas_device.a
553 - Linux : libcublas.so, libcublas_static.a, libcublas_device.a
554 - Android : libcublas.so, libcublas_static.a, libcublas_device.a
555 -
556 -Component : NVIDIA "Drop-in" BLAS Library
557 - Windows : nvblas.dll
558 - Mac OSX : libnvblas.dylib
559 - Linux : libnvblas.so
560 -
561 -Component : CUDA Sparse Matrix Library
562 - Windows : cusparse.dll
563 - Mac OSX : libcusparse.dylib, libcusparse_static.a
564 - Linux : libcusparse.so, libcusparse_static.a
565 - Android : libcusparse.so, libcusparse_static.a
566 -
567 -Component : CUDA Linear Solver Library
568 - Windows : cusolver.dll
569 - Mac OSX : libcusolver.dylib, libcusolver_static.a
570 - Linux : libcusolver.so, libcusolver_static.a
571 - Android : libcusolver.so, libcusolver_static.a
572 -
573 -Component : CUDA Random Number Generation Library
574 - Windows : curand.dll
575 - Mac OSX : libcurand.dylib, libcurand_static.a
576 - Linux : libcurand.so, libcurand_static.a
577 - Android : libcurand.so, libcurand_static.a
578 -
579 -Component : NVIDIA Performance Primitives Library
580 - Windows : nppc.dll, nppi.dll, npps.dll
581 - Mac OSX : libnppc.dylib, libnppi.dylib, libnpps.dylib, libnppc_static.a, libnpps_static.a, libnppi_static.a
582 - Linux : libnppc.so, libnppi.so, libnpps.so, libnppc_static.a, libnpps_static.a, libnppi_static.a
583 - Android : libnppc.so, libnppi.so, libnpps.so, libnppc_static.a, libnpps_static.a, libnppi_static.a
584 -
585 -Component : Internal common library required for statically linking to cuBLAS, cuSPARSE, cuFFT, cuRAND and NPP
586 - Mac OSX : libculibos.a
587 - Linux : libculibos.a
588 -
589 -Component : NVIDIA Runtime Compilation Library
590 - Windows : nvrtc.dll, nvrtc-builtins.dll
591 - Mac OSX : libnvrtc.dylib, libnvrtc-builtins.dylib
592 - Linux : libnvrtc.so, libnvrtc-builtins.so
593 -
594 -Component : NVIDIA Optimizing Compiler Library
595 - Windows : nvvm.dll
596 - Mac OSX : libnvvm.dylib
597 - Linux : libnvvm.so
598 -
599 -Component : NVIDIA Common Device Math Functions Library
600 - Windows : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc
601 - Mac OSX : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc
602 - Linux : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc
603 -
604 -Component : CUDA Occupancy Calculation Header Library
605 - All : cuda_occupancy.h
606 -
607 -Component : Profiling Tools Interface Library
608 - Windows : cupti.dll
609 - Mac OSX : libcupti.dylib
610 - Linux : libcupti.so
611 -
612 -
613 -
614 -1.9. Attachment B
615 -
616 -
617 -Additional Licensing Obligations
618 -
619 -The following third party components included in the SOFTWARE
620 -are licensed to Licensee pursuant to the following terms and
621 -conditions:
622 -
623 - 1. Licensee's use of the GDB third party component is
624 - subject to the terms and conditions of GNU GPL v3:
625 -
626 - This product includes copyrighted third-party software licensed
627 - under the terms of the GNU General Public License v3 ("GPL v3").
628 - All third-party software packages are copyright by their respective
629 - authors. GPL v3 terms and conditions are hereby incorporated into
630 - the Agreement by this reference: http://www.gnu.org/licenses/gpl.txt
631 -
632 - Consistent with these licensing requirements, the software
633 - listed below is provided under the terms of the specified
634 - open source software licenses. To obtain source code for
635 - software provided under licenses that require
636 - redistribution of source code, including the GNU General
637 - Public License (GPL) and GNU Lesser General Public License
638 - (LGPL), contact oss-requests@××××××.com. This offer is
639 - valid for a period of three (3) years from the date of the
640 - distribution of this product by NVIDIA CORPORATION.
641 -
642 - Component License
643 - CUDA-GDB GPL v3
644 -
645 - 2. Licensee represents and warrants that any and all third
646 - party licensing and/or royalty payment obligations in
647 - connection with Licensee's use of the H.264 video codecs
648 - are solely the responsibility of Licensee.
649 -
650 - 3. Licensee's use of the Thrust library is subject to the
651 - terms and conditions of the Apache License Version 2.0.
652 - All third-party software packages are copyright by their
653 - respective authors. Apache License Version 2.0 terms and
654 - conditions are hereby incorporated into the Agreement by
655 - this reference.
656 - http://www.apache.org/licenses/LICENSE-2.0.html
657 -
658 - In addition, Licensee acknowledges the following notice:
659 - Thrust includes source code from the Boost Iterator,
660 - Tuple, System, and Random Number libraries.
661 -
662 - Boost Software License - Version 1.0 - August 17th, 2003
663 - . . . .
664 -
665 - Permission is hereby granted, free of charge, to any person or
666 - organization obtaining a copy of the software and accompanying
667 - documentation covered by this license (the "Software") to use,
668 - reproduce, display, distribute, execute, and transmit the Software,
669 - and to prepare derivative works of the Software, and to permit
670 - third-parties to whom the Software is furnished to do so, all
671 - subject to the following:
672 -
673 - The copyright notices in the Software and this entire statement,
674 - including the above license grant, this restriction and the following
675 - disclaimer, must be included in all copies of the Software, in whole
676 - or in part, and all derivative works of the Software, unless such
677 - copies or derivative works are solely in the form of machine-executable
678 - object code generated by a source language processor.
679 -
680 - THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
681 - EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
682 - MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
683 - NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR
684 - ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR
685 - OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING
686 - FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
687 - OTHER DEALINGS IN THE SOFTWARE.
688 -
689 - 4. Licensee's use of the LLVM third party component is
690 - subject to the following terms and conditions:
691 -
692 - ======================================================
693 - LLVM Release License
694 - ======================================================
695 - University of Illinois/NCSA
696 - Open Source License
697 -
698 - Copyright (c) 2003-2010 University of Illinois at Urbana-Champaign.
699 - All rights reserved.
700 -
701 - Developed by:
702 -
703 - LLVM Team
704 -
705 - University of Illinois at Urbana-Champaign
706 -
707 - http://llvm.org
708 -
709 - Permission is hereby granted, free of charge, to any person obtaining a copy
710 - of this software and associated documentation files (the "Software"), to
711 - deal with the Software without restriction, including without limitation the
712 - rights to use, copy, modify, merge, publish, distribute, sublicense, and/or
713 - sell copies of the Software, and to permit persons to whom the Software is
714 - furnished to do so, subject to the following conditions:
715 -
716 - * Redistributions of source code must retain the above copyright notice,
717 - this list of conditions and the following disclaimers.
718 -
719 - * Redistributions in binary form must reproduce the above copyright
720 - notice, this list of conditions and the following disclaimers in the
721 - documentation and/or other materials provided with the distribution.
722 -
723 - * Neither the names of the LLVM Team, University of Illinois at Urbana-
724 - Champaign, nor the names of its contributors may be used to endorse or
725 - promote products derived from this Software without specific prior
726 - written permission.
727 -
728 - THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
729 - IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
730 - FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL
731 - THE CONTRIBUTORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR
732 - OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,
733 - ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
734 - DEALINGS WITH THE SOFTWARE.
735 -
736 - 5. Licensee's use of the PCRE third party component is
737 - subject to the following terms and conditions:
738 -
739 - ------------
740 - PCRE LICENCE
741 - ------------
742 - PCRE is a library of functions to support regular expressions whose syntax
743 - and semantics are as close as possible to those of the Perl 5 language.
744 - Release 8 of PCRE is distributed under the terms of the "BSD" licence, as
745 - specified below. The documentation for PCRE, supplied in the "doc"
746 - directory, is distributed under the same terms as the software itself. The
747 - basic library functions are written in C and are freestanding. Also
748 - included in the distribution is a set of C++ wrapper functions, and a just-
749 - in-time compiler that can be used to optimize pattern matching. These are
750 - both optional features that can be omitted when the library is built.
751 -
752 - THE BASIC LIBRARY FUNCTIONS
753 - ---------------------------
754 - Written by: Philip Hazel
755 - Email local part: ph10
756 - Email domain: cam.ac.uk
757 - University of Cambridge Computing Service,
758 - Cambridge, England.
759 - Copyright (c) 1997-2012 University of Cambridge
760 - All rights reserved.
761 -
762 - PCRE JUST-IN-TIME COMPILATION SUPPORT
763 - -------------------------------------
764 - Written by: Zoltan Herczeg
765 - Email local part: hzmester
766 - Emain domain: freemail.hu
767 - Copyright(c) 2010-2012 Zoltan Herczeg
768 - All rights reserved.
769 -
770 - STACK-LESS JUST-IN-TIME COMPILER
771 - --------------------------------
772 - Written by: Zoltan Herczeg
773 - Email local part: hzmester
774 - Emain domain: freemail.hu
775 - Copyright(c) 2009-2012 Zoltan Herczeg
776 - All rights reserved.
777 -
778 - THE C++ WRAPPER FUNCTIONS
779 - -------------------------
780 - Contributed by: Google Inc.
781 - Copyright (c) 2007-2012, Google Inc.
782 - All rights reserved.
783 -
784 - THE "BSD" LICENCE
785 - -----------------
786 - Redistribution and use in source and binary forms, with or without
787 - modification, are permitted provided that the following conditions are met:
788 -
789 - * Redistributions of source code must retain the above copyright notice,
790 - this list of conditions and the following disclaimer.
791 -
792 - * Redistributions in binary form must reproduce the above copyright
793 - notice, this list of conditions and the following disclaimer in the
794 - documentation and/or other materials provided with the distribution.
795 -
796 - * Neither the name of the University of Cambridge nor the name of Google
797 - Inc. nor the names of their contributors may be used to endorse or
798 - promote products derived from this software without specific prior
799 - written permission.
800 -
801 - THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
802 - AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
803 - IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
804 - ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE
805 - LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
806 - CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
807 - SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
808 - INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
809 - CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
810 - ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
811 - POSSIBILITY OF SUCH DAMAGE.
812 -
813 - 6. Some of the cuBLAS library routines were written by or
814 - derived from code written by Vasily Volkov and are subject
815 - to the Modified Berkeley Software Distribution License as
816 - follows:
817 -
818 - Copyright (c) 2007-2009, Regents of the University of California
819 -
820 - All rights reserved.
821 -
822 - Redistribution and use in source and binary forms, with or without
823 - modification, are permitted provided that the following conditions are
824 - met:
825 - * Redistributions of source code must retain the above copyright
826 - notice, this list of conditions and the following disclaimer.
827 - * Redistributions in binary form must reproduce the above
828 - copyright notice, this list of conditions and the following
829 - disclaimer in the documentation and/or other materials provided
830 - with the distribution.
831 - * Neither the name of the University of California, Berkeley nor
832 - the names of its contributors may be used to endorse or promote
833 - products derived from this software without specific prior
834 - written permission.
835 -
836 - THIS SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS" AND ANY EXPRESS OR
837 - IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
838 - WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
839 - DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT,
840 - INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
841 - (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
842 - SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
843 - HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
844 - STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
845 - IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
846 - POSSIBILITY OF SUCH DAMAGE.
847 -
848 - 7. Some of the cuBLAS library routines were written by or
849 - derived from code written by Davide Barbieri and are
850 - subject to the Modified Berkeley Software Distribution
851 - License as follows:
852 -
853 - Copyright (c) 2008-2009 Davide Barbieri @ University of Rome Tor Vergata.
854 -
855 - All rights reserved.
856 -
857 - Redistribution and use in source and binary forms, with or without
858 - modification, are permitted provided that the following conditions are
859 - met:
860 - * Redistributions of source code must retain the above copyright
861 - notice, this list of conditions and the following disclaimer.
862 - * Redistributions in binary form must reproduce the above
863 - copyright notice, this list of conditions and the following
864 - disclaimer in the documentation and/or other materials provided
865 - with the distribution.
866 - * The name of the author may not be used to endorse or promote
867 - products derived from this software without specific prior
868 - written permission.
869 -
870 - THIS SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS" AND ANY EXPRESS OR
871 - IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
872 - WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
873 - DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT,
874 - INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
875 - (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
876 - SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
877 - HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
878 - STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
879 - IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
880 - POSSIBILITY OF SUCH DAMAGE.
881 -
882 - 8. Some of the cuBLAS library routines were derived from
883 - code developed by the University of Tennessee and are
884 - subject to the Modified Berkeley Software Distribution
885 - License as follows:
886 -
887 - Copyright (c) 2010 The University of Tennessee.
888 -
889 - All rights reserved.
890 -
891 - Redistribution and use in source and binary forms, with or without
892 - modification, are permitted provided that the following conditions are
893 - met:
894 - * Redistributions of source code must retain the above copyright
895 - notice, this list of conditions and the following disclaimer.
896 - * Redistributions in binary form must reproduce the above
897 - copyright notice, this list of conditions and the following
898 - disclaimer listed in this license in the documentation and/or
899 - other materials provided with the distribution.
900 - * Neither the name of the copyright holders nor the names of its
901 - contributors may be used to endorse or promote products derived
902 - from this software without specific prior written permission.
903 -
904 - THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
905 - "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
906 - LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
907 - A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
908 - OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
909 - SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
910 - LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
911 - DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
912 - THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
913 - (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
914 - OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
915 -
916 - 9. Some of the cuBLAS library routines were written by or
917 - derived from code written by Jonathan Hogg and are subject
918 - to the Modified Berkeley Software Distribution License as
919 - follows:
920 -
921 - Copyright (c) 2012, The Science and Technology Facilities Council (STFC).
922 -
923 - All rights reserved.
924 -
925 - Redistribution and use in source and binary forms, with or without
926 - modification, are permitted provided that the following conditions are
927 - met:
928 - * Redistributions of source code must retain the above copyright
929 - notice, this list of conditions and the following disclaimer.
930 - * Redistributions in binary form must reproduce the above
931 - copyright notice, this list of conditions and the following
932 - disclaimer in the documentation and/or other materials provided
933 - with the distribution.
934 - * Neither the name of the STFC nor the names of its contributors
935 - may be used to endorse or promote products derived from this
936 - software without specific prior written permission.
937 -
938 - THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
939 - "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
940 - LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
941 - A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE STFC BE
942 - LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
943 - CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
944 - SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
945 - BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
946 - WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
947 - OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN
948 - IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
949 -
950 - 10. Some of the cuBLAS library routines were written by or
951 - derived from code written by Ahmad M. Abdelfattah, David
952 - Keyes, and Hatem Ltaief, and are subject to the Apache
953 - License, Version 2.0, as follows:
954 -
955 - -- (C) Copyright 2013 King Abdullah University of Science and Technology
956 - Authors:
957 - Ahmad Abdelfattah (ahmad.ahmad@×××××××××.sa)
958 - David Keyes (david.keyes@×××××××××.sa)
959 - Hatem Ltaief (hatem.ltaief@×××××××××.sa)
960 -
961 - Redistribution and use in source and binary forms, with or without
962 - modification, are permitted provided that the following conditions
963 - are met:
964 -
965 - * Redistributions of source code must retain the above copyright
966 - notice, this list of conditions and the following disclaimer.
967 - * Redistributions in binary form must reproduce the above copyright
968 - notice, this list of conditions and the following disclaimer in the
969 - documentation and/or other materials provided with the distribution.
970 - * Neither the name of the King Abdullah University of Science and
971 - Technology nor the names of its contributors may be used to endorse
972 - or promote products derived from this software without specific prior
973 - written permission.
974 -
975 - THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
976 - ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
977 - LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
978 - A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
979 - HOLDERS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
980 - SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
981 - LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
982 - DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
983 - THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
984 - (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
985 - OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE
986 -
987 - 11. Some of the cuSPARSE library routines were written by or
988 - derived from code written by Li-Wen Chang and are subject
989 - to the NCSA Open Source License as follows:
990 -
991 - Copyright (c) 2012, University of Illinois.
992 -
993 - All rights reserved.
994 -
995 - Developed by: IMPACT Group, University of Illinois, http://impact.crhc.illinois.edu
996 -
997 - Permission is hereby granted, free of charge, to any person obtaining
998 - a copy of this software and associated documentation files (the
999 - "Software"), to deal with the Software without restriction, including
1000 - without limitation the rights to use, copy, modify, merge, publish,
1001 - distribute, sublicense, and/or sell copies of the Software, and to
1002 - permit persons to whom the Software is furnished to do so, subject to
1003 - the following conditions:
1004 - * Redistributions of source code must retain the above copyright
1005 - notice, this list of conditions and the following disclaimer.
1006 - * Redistributions in binary form must reproduce the above
1007 - copyright notice, this list of conditions and the following
1008 - disclaimers in the documentation and/or other materials provided
1009 - with the distribution.
1010 - * Neither the names of IMPACT Group, University of Illinois, nor
1011 - the names of its contributors may be used to endorse or promote
1012 - products derived from this Software without specific prior
1013 - written permission.
1014 -
1015 - THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
1016 - EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
1017 - MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
1018 - NONINFRINGEMENT. IN NO EVENT SHALL THE CONTRIBUTORS OR COPYRIGHT
1019 - HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER
1020 - IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR
1021 - IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS WITH THE
1022 - SOFTWARE.
1023 -
1024 - 12. Some of the cuRAND library routines were written by or
1025 - derived from code written by Mutsuo Saito and Makoto
1026 - Matsumoto and are subject to the following license:
1027 -
1028 - Copyright (c) 2009, 2010 Mutsuo Saito, Makoto Matsumoto and Hiroshima
1029 - University. All rights reserved.
1030 -
1031 - Copyright (c) 2011 Mutsuo Saito, Makoto Matsumoto, Hiroshima
1032 - University and University of Tokyo. All rights reserved.
1033 -
1034 - Redistribution and use in source and binary forms, with or without
1035 - modification, are permitted provided that the following conditions are
1036 - met:
1037 - * Redistributions of source code must retain the above copyright
1038 - notice, this list of conditions and the following disclaimer.
1039 - * Redistributions in binary form must reproduce the above
1040 - copyright notice, this list of conditions and the following
1041 - disclaimer in the documentation and/or other materials provided
1042 - with the distribution.
1043 - * Neither the name of the Hiroshima University nor the names of
1044 - its contributors may be used to endorse or promote products
1045 - derived from this software without specific prior written
1046 - permission.
1047 -
1048 - THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
1049 - "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
1050 - LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
1051 - A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
1052 - OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
1053 - SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
1054 - LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
1055 - DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
1056 - THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
1057 - (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
1058 - OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
1059 -
1060 - 13. Some of the cuRAND library routines were derived from
1061 - code developed by D. E. Shaw Research and are subject to
1062 - the following license:
1063 -
1064 - Copyright 2010-2011, D. E. Shaw Research.
1065 -
1066 - All rights reserved.
1067 -
1068 - Redistribution and use in source and binary forms, with or without
1069 - modification, are permitted provided that the following conditions are
1070 - met:
1071 - * Redistributions of source code must retain the above copyright
1072 - notice, this list of conditions, and the following disclaimer.
1073 - * Redistributions in binary form must reproduce the above
1074 - copyright notice, this list of conditions, and the following
1075 - disclaimer in the documentation and/or other materials provided
1076 - with the distribution.
1077 - * Neither the name of D. E. Shaw Research nor the names of its
1078 - contributors may be used to endorse or promote products derived
1079 - from this software without specific prior written permission.
1080 -
1081 - THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
1082 - "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
1083 - LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
1084 - A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
1085 - OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
1086 - SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
1087 - LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
1088 - DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
1089 - THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
1090 - (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
1091 - OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
1092 -
1093 - 14. Licensee's use of the lz4 third party component is
1094 - subject to the following terms and conditions:
1095 -
1096 - Copyright (C) 2011-2013, Yann Collet.
1097 - BSD 2-Clause License (http://www.opensource.org/licenses/bsd-license.php)
1098 -
1099 - Redistribution and use in source and binary forms, with or without
1100 - modification, are permitted provided that the following conditions are
1101 - met:
1102 -
1103 - * Redistributions of source code must retain the above copyright
1104 - notice, this list of conditions and the following disclaimer.
1105 - * Redistributions in binary form must reproduce the above
1106 - copyright notice, this list of conditions and the following disclaimer
1107 - in the documentation and/or other materials provided with the
1108 - distribution.
1109 -
1110 - THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
1111 - "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
1112 - LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
1113 - A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
1114 - OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
1115 - SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
1116 - LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
1117 - DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
1118 - THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
1119 - (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
1120 - OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
1121 -
1122 - 15. The NPP library uses code from the Boost Math Toolkit,
1123 - and is subject to the following license:
1124 -
1125 - Boost Software License - Version 1.0 - August 17th, 2003
1126 - . . . .
1127 -
1128 - Permission is hereby granted, free of charge, to any person or
1129 - organization obtaining a copy of the software and accompanying
1130 - documentation covered by this license (the "Software") to use,
1131 - reproduce, display, distribute, execute, and transmit the Software,
1132 - and to prepare derivative works of the Software, and to permit
1133 - third-parties to whom the Software is furnished to do so, all
1134 - subject to the following:
1135 -
1136 - The copyright notices in the Software and this entire statement,
1137 - including the above license grant, this restriction and the following
1138 - disclaimer, must be included in all copies of the Software, in whole
1139 - or in part, and all derivative works of the Software, unless such
1140 - copies or derivative works are solely in the form of machine-executable
1141 - object code generated by a source language processor.
1142 -
1143 - THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
1144 - EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
1145 - MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
1146 - NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR
1147 - ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR
1148 - OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING
1149 - FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
1150 - OTHER DEALINGS IN THE SOFTWARE.
1151 -
1152 - 16. Portions of the Nsight Eclipse Edition is subject to the
1153 - following license:
1154 -
1155 - The Eclipse Foundation makes available all content in this plug-in
1156 - ("Content"). Unless otherwise indicated below, the Content is provided
1157 - to you under the terms and conditions of the Eclipse Public License
1158 - Version 1.0 ("EPL"). A copy of the EPL is available at http://
1159 - www.eclipse.org/legal/epl-v10.html. For purposes of the EPL, "Program"
1160 - will mean the Content.
1161 -
1162 - If you did not receive this Content directly from the Eclipse
1163 - Foundation, the Content is being redistributed by another party
1164 - ("Redistributor") and different terms and conditions may apply to your
1165 - use of any object code in the Content. Check the Redistributor's
1166 - license that was provided with the Content. If no such license exists,
1167 - contact the Redistributor. Unless otherwise indicated below, the terms
1168 - and conditions of the EPL still apply to any source code in the
1169 - Content and such source code may be obtained at http://www.eclipse.org.
1170 -
1171 -
1172 -2. NVIDIA Corporation CUDA Samples End User License Agreement
1173 --------------------------------------------------------------
1174 -
1175 -BY DOWNLOADING THE SOFTWARE AND OTHER AVAILABLE MATERIALS, YOU
1176 -("DEVELOPER" or "LICENSEE") AGREE TO BE BOUND BY THE FOLLOWING
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1195 -2.1. License
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1223 -
1224 -2.1.2. Object Code
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1234 -
1235 -2.1.3. Art Assets
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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 --------------------------------------------------------------