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1 | License For Customer Use of NVIDIA Software |
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4 | IMPORTANT NOTICE -- READ CAREFULLY: This License For Customer Use of | |
5 | NVIDIA Software ("LICENSE") is the agreement which governs use of | |
6 | the software of NVIDIA Corporation and its subsidiaries ("NVIDIA") | |
7 | downloadable herefrom, including computer software and associated | |
8 | printed materials ("SOFTWARE"). By downloading, installing, copying, | |
9 | or otherwise using the SOFTWARE, you agree to be bound by the terms | |
10 | of this LICENSE. If you do not agree to the terms of this LICENSE, | |
11 | do not download the SOFTWARE. | |
12 | ||
13 | RECITALS | |
14 | ||
15 | Use of NVIDIA's products requires three elements: the SOFTWARE, the | |
16 | hardware, and a personal computer. The SOFTWARE is protected by copyright | |
17 | laws and international copyright treaties, as well as other intellectual | |
18 | property laws and treaties. The SOFTWARE may be protected by various | |
19 | patents, and is not sold, and instead is only licensed for use, strictly | |
20 | in accordance with this document. The hardware is protected by various | |
21 | patents, and is sold, but this agreement does not cover that sale, since | |
22 | it may not necessarily be sold as a package with the SOFTWARE. This | |
23 | agreement sets forth the terms and conditions of the SOFTWARE LICENSE only. | |
24 | ||
25 | 1. DEFINITIONS | |
26 | ||
27 | 1.1 Customer. Customer means the entity or individual that | |
28 | downloads or otherwise obtains the SOFTWARE. | |
29 | ||
30 | 2. GRANT OF LICENSE | |
31 | ||
32 | 2.1 Rights and Limitations of Grant. NVIDIA hereby grants Customer | |
33 | the following non-exclusive, non-transferable right to use the | |
34 | SOFTWARE, with the following limitations: | |
35 | ||
36 | 2.1.1 Rights. Customer may install and use multiple copies of the | |
37 | SOFTWARE on a shared computer or concurrently on different computers, | |
38 | and make multiple back-up copies of the SOFTWARE, solely for Customer's | |
39 | use within Customer's Enterprise. "Enterprise" shall mean individual use | |
40 | by Customer or any legal entity (such as a corporation or university) | |
41 | and the subsidiaries it owns by more than fifty percent (50%). | |
42 | ||
43 | 2.1.2 Open Source Exception. Notwithstanding the foregoing terms | |
44 | of Section 2.1.1, SOFTWARE may be copied and redistributed solely for | |
45 | use on operating systems distributed under the terms of an OSI-approved | |
46 | open source license as listed by the Open Source Initiative at | |
47 | http://opensource.org, provided that the binary files thereof are not | |
48 | modified, and Customer provides a copy of this license with the SOFTWARE. | |
49 | ||
50 | 2.1.3 Limitations. | |
51 | ||
52 | No Reverse Engineering. Customer may not reverse engineer, | |
53 | decompile, or disassemble the SOFTWARE, nor attempt in any other | |
54 | manner to obtain the source code. | |
55 | ||
56 | Usage. SOFTWARE is licensed only for use with microprocessor(s) which have | |
57 | been (i) designed by NVIDIA and (ii) either (a) sold by or (b) licensed by | |
58 | NVIDIA. Customer shall not use SOFTWARE in conjunction with, nor cause | |
59 | SOFTWARE to be executed by, any other microprocessor. | |
60 | ||
61 | No Translation. Customer shall not translate SOFTWARE, nor cause or permit | |
62 | SOFTWARE to be translated, from the architecture or language in which it is | |
63 | originally provided by NVIDIA, into any other architecture or language. | |
64 | ||
65 | No Rental. Customer may not rent or lease the SOFTWARE to someone | |
66 | else. | |
67 | ||
68 | 3. TERMINATION | |
69 | ||
70 | This LICENSE will automatically terminate if Customer fails to | |
71 | comply with any of the terms and conditions hereof. In such event, | |
72 | Customer must destroy all copies of the SOFTWARE and all of its | |
73 | component parts. | |
74 | ||
75 | Defensive Suspension. If Customer commences or participates in any legal | |
76 | proceeding against NVIDIA, then NVIDIA may, in its sole discretion, | |
77 | suspend or terminate all license grants and any other rights provided | |
78 | under this LICENSE during the pendency of such legal proceedings. | |
79 | ||
80 | 4. COPYRIGHT | |
81 | ||
82 | All title and copyrights in and to the SOFTWARE (including but | |
83 | not limited to all images, photographs, animations, video, audio, | |
84 | music, text, and other information incorporated into the SOFTWARE), | |
85 | the accompanying printed materials, and any copies of the SOFTWARE, | |
86 | are owned by NVIDIA, or its suppliers. The SOFTWARE is protected | |
87 | by copyright laws and international treaty provisions. Accordingly, | |
88 | Customer is required to treat the SOFTWARE like any other copyrighted | |
89 | material, except as otherwise allowed pursuant to this LICENSE | |
90 | and that it may make one copy of the SOFTWARE solely for backup or | |
91 | archive purposes. | |
92 | ||
93 | 5. APPLICABLE LAW | |
94 | ||
95 | This agreement shall be deemed to have been made in, and shall be | |
96 | construed pursuant to, the laws of the State of California. | |
97 | ||
98 | 6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY | |
99 | ||
100 | 6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE | |
101 | LAW, THE SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS | |
102 | DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT | |
103 | NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS | |
104 | FOR A PARTICULAR PURPOSE. | |
105 | ||
106 | 6.2 No Liability for Consequential Damages. TO THE MAXIMUM | |
107 | EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NVIDIA OR | |
108 | ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR | |
109 | CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, | |
110 | DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS | |
111 | OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT | |
112 | OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS | |
113 | BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. | |
114 | ||
115 | 7. MISCELLANEOUS | |
116 | ||
117 | The United Nations Convention on Contracts for the International | |
118 | Sale of Goods is specifically disclaimed. If any provision of this | |
119 | LICENSE is inconsistent with, or cannot be fully enforced under, | |
120 | the law, such provision will be construed as limited to the extent | |
121 | necessary to be consistent with and fully enforceable under the law. | |
122 | This agreement is the final, complete and exclusive agreement between | |
123 | the parties relating to the subject matter hereof, and supersedes | |
124 | all prior or contemporaneous understandings and agreements relating | |
125 | to such subject matter, whether oral or written. Customer agrees | |
126 | that it will not ship, transfer or export the SOFTWARE into any | |
127 | country, or use the SOFTWARE in any manner, prohibited by the | |
128 | United States Bureau of Export Administration or any export laws, | |
129 | restrictions or regulations. This LICENSE may only be modified in | |
130 | writing signed by an authorized officer of NVIDIA. | |
131 |