139 lines
6.5 KiB
Plaintext
139 lines
6.5 KiB
Plaintext
License For Customer Use of NVIDIA Software
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IMPORTANT NOTICE -- READ CAREFULLY: This License For Customer Use of
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NVIDIA Software ("LICENSE") is the agreement which governs use of the
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software of NVIDIA Corporation and its subsidiaries ("NVIDIA") downloadable
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herefrom, including computer software and associated printed materials
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("SOFTWARE"). By downloading, installing, copying, or otherwise using the
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SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do
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not agree to the terms of this LICENSE, do not download the SOFTWARE.
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RECITALS
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Use of NVIDIA's products requires three elements: the SOFTWARE, the hardware
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on a graphics controller board, and a personal computer. The SOFTWARE is
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protected by copyright laws and international copyright treaties, as well as
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other intellectual property laws and treaties. The SOFTWARE is not sold, and
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instead is only licensed for use, strictly in accordance with this document.
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The hardware is protected by various patents, and is sold, but this agreement
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does not cover that sale, since it may not necessarily be sold as a package
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with the SOFTWARE. This agreement sets forth the terms and conditions of the
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SOFTWARE LICENSE only.
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1. DEFINITIONS
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1.1 Customer. Customer means the entity or individual that downloads the
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SOFTWARE.
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2. GRANT OF LICENSE
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2.1 Rights and Limitations of Grant. NVIDIA hereby grants Customer the
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following non-exclusive, worldwide, royalty-free, non-transferable right
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to use the SOFTWARE, with the following limitations:
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2.1.1 Rights. Customer may use, reproduce, distribute, publicly display
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and publicly perform the SOFTWARE.
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2.1.2 Limitations.
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No Reverse Engineering. Customer may not reverse engineer, decompile, or
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disassemble the SOFTWARE, nor attempt in any other manner to obtain the
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source code.
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No Modification. The SOFTWARE may be redistributed providing that distributed
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Cg compiler and runtime binaries are unmodified, except for decompression and
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compression.
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No Rental. Customer may not rent or lease the SOFTWARE to someone else.
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No Support. NVIDIA will not be responsible for providing maintenance and
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support to Customer or any other end users for the Software distributed by
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Customer or others.
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3. TERMINATION
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This LICENSE will automatically terminate if Customer fails to comply with
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any of the terms and conditions hereof. In such event, Customer must destroy
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all copies of the SOFTWARE and all of its component parts.
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4. COPYRIGHT
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All title and copyrights in and to the SOFTWARE (including but not limited to
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all images, photographs, animations, video, audio, music, text, and other
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information incorporated into the SOFTWARE), the accompanying printed
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materials, and any copies of the SOFTWARE, are owned by NVIDIA, or its
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suppliers. The SOFTWARE is protected by copyright laws and international
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treaty provisions. Accordingly, Customer is required to treat the SOFTWARE
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like any other copyrighted material.
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Customer agrees that the Software is proprietary information of NVIDIA and
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that NVIDIA owns all right, title and interest therein. There are no implied
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licenses under this License, and any rights not expressly granted are reserved
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by NVIDIA. The Software is not sold, and instead is only licensed for use,
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strictly in accordance with this License. All copies of the Software shall
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contain NVIDIA<49>s proprietary rights notices as provided therein. Customer
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shall not remove or modify any such proprietary rights notices of NVIDIA. This
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License will automatically terminate if Customer fails to comply with any of
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the terms and conditions hereof. In such event, Customer must cease
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reproducing, distributing, or otherwise using the Software and destroy all
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copies thereof.
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5. APPLICABLE LAW
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This agreement shall be deemed to have been made in, and shall be construed
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pursuant to, the laws of the State of Delaware. Any suit or controversy
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arising hereunder shall be brought in the federal or state courts located in
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Santa Clara County, California, and each party submits to the venue and
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jurisdiction thereof.
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6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
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6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY
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APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND NVIDIA
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AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS
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OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
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WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
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PURPOSE AND NONINFRINGEMENT.
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6.2 No Liability for Consequential Damages. TO THE MAXIMUM
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EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
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NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
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INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
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(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
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BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
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INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF
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THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA
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HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE
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LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
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ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NVIDIA SHALL HAVE
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NO CONTRACTUAL OBLIGATION TO INDEMNIFY CUSTOMER UNDER
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THIS LICENSE. CUSTOMER AND/OR END-USERS OF THE SOFTWARE
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DISTRIBUTED BY CUSTOMER ASSUME THE ENTIRE COST OF ANY
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DAMAGE, LOSS, OR EXPENSE RESULTING FROM THEIR USE OR
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EXPLOITATION OF THE SOFTWARE.
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7. MISCELLANEOUS
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The United Nations Convention on Contracts for the International Sale of
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Goods is specifically disclaimed. This agreement is the final, complete
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and exclusive agreement between the parties relating to the subject matter
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hereof, and supersedes all prior or contemporaneous understandings and
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agreements relating to such subject matter, whether oral or written.
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Customer agrees that it will not ship, transfer or export the SOFTWARE
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into any country, or use the SOFTWARE in any manner, prohibited by the
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United States Bureau of Export Administration or any export laws,
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restrictions or regulations.
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If any provision of this License is held to be invalid or unenforceable
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for any reason, the remaining provisions will continue in full force
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without being impaired or invalidated in any way.
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No term or provisions hereof shall be deemed waived, and no breach excused,
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unless such waiver or consent is in writing and signed by the party claimed
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to have waived or consented. The waiver by either party of a breach of any
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provision of this License will not operate or be interpreted as a waiver of
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any other or subsequent breach.
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This License may be changed only by mutual agreement in writing of the
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authorized representatives of the parties.
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