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Revision 1.1 - (show annotations) (download)
Sun Aug 11 12:05:32 2013 UTC (14 months, 1 week ago) by jlec
Branch: MAIN
Eula for nvidia cuda packages added, #466576

1 End User License Agreement
2 --------------------------
3
4
5 Preface
6 -------
7
8 The following contains specific license terms and conditions
9 for four separate products included in this installer. By
10 accepting this agreement, you agree to comply with all the
11 terms and conditions applicable to each product as specified
12 herein.
13
14
15 NVIDIA CUDA Toolkit
16
17
18 Description
19
20 The NVIDIA CUDA Toolkit provides command-line and graphical
21 tools for building, debugging and optimizing the performance
22 of applications accelerated by NVIDIA GPUs, runtime and math
23 libraries, and documentation including programming guides,
24 user manuals, and API references. The NVIDIA CUDA Toolkit
25 License Agreement is available in Chapter 1.
26
27
28 Default Install Location of CUDA Toolkit
29
30 Windows platform:
31
32 %ProgramFiles%\NVIDIA GPU Computing Toolkit\CUDA\v#.#
33
34 Linux platform:
35
36 /usr/local/cuda-#.#
37
38 Mac platform:
39
40 /Developer/NVIDIA/CUDA-#.#
41
42
43 NVIDIA CUDA Samples
44
45
46 Description
47
48 This package includes over 100+ CUDA examples that demonstrate
49 various CUDA programming principles, and efficient CUDA
50 implementation of algorithms in specific application domains.
51 The NVIDIA CUDA Samples License Agreement is available in
52 Chapter 2.
53
54
55 Default Install Location of CUDA Samples
56
57 Windows platform:
58
59 %ProgramData%\NVIDIA Corporation\CUDA Samples\v#.#
60
61 Linux platform:
62
63 /usr/local/cuda-#.#/samples
64
65 and
66
67 $HOME/NVIDIA_CUDA-#.#_Samples
68
69 Mac platform:
70
71 /Developer/NVIDIA/CUDA-#.#/samples
72
73
74 NVIDIA Driver
75
76
77 Description
78
79 This package contains the operating system driver and
80 fundamental system software components for NVIDIA GPUs. The
81 NVIDIA Driver License is available in Chapter 3.
82
83
84 NVIDIA Nsight Visual Studio Edition (Windows only)
85
86
87 Description
88
89 NVIDIA Nsight Development Platform, Visual Studio Edition is a
90 development environment integrated into Microsoft Visual
91 Studio that provides tools for debugging, profiling, analyzing
92 and optimizing your GPU computing and graphics applications.
93 The NVIDIA Nsight Visual Studio Edition License Agreement is
94 available in Chapter 4.
95
96
97 Default Install Location of Nsight Visual Studio Edition
98
99 Windows platform:
100
101 %ProgramFiles%\NVIDIA Corporation\Nsight Visual Studio Edition #.#
102
103
104 NVIDIA CUDA General Terms
105
106
107 Description
108
109 General terms that apply to all of the software components are
110 available in Chapter 5.
111
112
113 1. NVIDIA CUDA Toolkit License Agreement
114 ----------------------------------------
115
116
117 Important Notice
118 ----------------
119
120 READ CAREFULLY: This Software License Agreement ("Agreement")
121 for NVIDIA CUDA Toolkit, including computer software and
122 associated documentation ("Software"), is the Agreement which
123 governs use of the SOFTWARE of NVIDIA Corporation and its
124 subsidiaries ("NVIDIA") downloadable herefrom. By downloading,
125 installing, copying, or otherwise using the SOFTWARE, You (as
126 defined below) agree to be bound by the terms of this
127 Agreement. If You do not agree to the terms of this Agreement,
128 do not download the SOFTWARE.
129
130
131 Recitals
132 --------
133
134 Use of NVIDIA's SOFTWARE requires three elements: the
135 SOFTWARE, an NVIDIA GPU or application processor ("NVIDIA
136 Hardware"), and a computer system. The SOFTWARE is protected
137 by copyright laws and international copyright treaties, as
138 well as other intellectual property laws and treaties. The
139 SOFTWARE is not sold, and instead is only licensed for Your
140 use, strictly in accordance with this Agreement. The NVIDIA
141 Hardware is protected by various patents, and is sold, but
142 this Agreement does not cover the sale or use of such
143 hardware, since it may not necessarily be sold as a package
144 with the SOFTWARE. This Agreement sets forth the terms and
145 conditions of the SOFTWARE only.
146
147
148 1.1. Definitions
149
150
151 1.1.1. Licensee
152
153 "You", or "Your" shall mean the entity or individual that
154 downloads and uses the SOFTWARE.
155
156
157 1.1.2. Redistributable Software
158
159 "Redistributable Software" shall mean the redistributable
160 libraries referenced in Attachment A of this Agreement.
161
162
163 1.1.3. Software
164
165 "SOFTWARE" shall mean the deliverables provided pursuant to
166 this Agreement.
167
168
169 1.2. Grant of License
170
171
172 1.2.1. Rights and Limitations of Grant
173
174 Provided that Licensee complies with the terms of this
175 Agreement, NVIDIA hereby grants Licensee the following
176 limited, non-exclusive, non-transferable, non-sublicensable
177 (except as expressly permitted otherwise for Redistributable
178 Software in Section 1.2.1.1 and Section 1.2.1.3 of this
179 Agreement) right to use the SOFTWARE, with the following
180 limitations:
181
182
183 1.2.1.1. Redistribution Rights
184
185 Licensee may transfer, redistribute, and sublicense certain
186 files of the Redistributable SOFTWARE, as defined in
187 Attachment A of this Agreement, provided, however, that (a)
188 the Redistributable SOFTWARE shall be distributed solely in
189 binary form to Licensee's licensees ("Customers") only as a
190 component of Licensee's own software products (each, a
191 "Licensee Application"); (b) Licensee shall design the
192 Licensee Application such that the Redistributable SOFTWARE
193 files are installed only in a private (non-shared) directory
194 location that is used only by the Licensee Application; (c)
195 Licensee shall obtain each Customer's written or clickwrap
196 agreement to the license terms under a written, legally
197 enforceable agreement that has the effect of protecting the
198 SOFTWARE and the rights of NVIDIA under terms no less
199 restrictive than this Agreement.
200
201
202 1.2.1.2. Usage Rights
203
204 Licensee may install and use multiple copies of the SOFTWARE
205 on a shared computer or concurrently on different computers,
206 and make multiple back-up copies of the SOFTWARE, solely for
207 Licensee's use within Licensee's Enterprise. "Enterprise"
208 shall mean individual use by Licensee or any legal entity
209 (such as a corporation or university) and the subsidiaries it
210 owns by more than 50 percent.
211
212
213 1.2.1.3. Further Redistribution Rights
214
215 Subject to the terms and conditions of the Agreement, Licensee
216 may authorize Customers to further redistribute the
217 Redistributable SOFTWARE that such Customers receive as part
218 of the Licensee Application, solely in binary form, provided,
219 however, that Licensee shall require in their standard
220 software license agreements with Customers that all such
221 redistributions must be made pursuant to a license agreement
222 that has the effect of protecting the SOFTWARE and the rights
223 of NVIDIA whose terms and conditions are at least as
224 restrictive as those in the applicable Licensee software
225 license agreement covering the Licensee Application. For
226 avoidance of doubt, termination of this Agreement shall not
227 affect rights previously granted by Licensee to its Customers
228 under this Agreement to the extent validly granted to
229 Customers under Section 1.2.1.1.
230
231
232 1.2.1.4. Linux/FreeBSD Exception
233
234 Notwithstanding the foregoing terms of Section 1.2.1.2,
235 Section 1.2.1.1 and Section 1.2.1.3, SOFTWARE designed
236 exclusively for use on the Linux or FreeBSD operating systems,
237 or other operating systems derived from the source code to
238 these operating systems, may be copied and redistributed,
239 provided that the binary files thereof are not modified in any
240 way (except for unzipping of compressed files).
241
242
243 1.2.1.5. Additional Licensing Obligations
244
245 Licensee acknowledges and agrees that its use of certain third
246 party components included with the SOFTWARE may be subject to
247 additional licensing terms and conditions as set forth or
248 referenced in Attachment B of this Agreement.
249
250
251 1.2.1.6. Limitations
252
253 No Reverse Engineering
254
255 Licensee may not reverse engineer, decompile, or disassemble
256 the SOFTWARE, nor attempt in any other manner to obtain the
257 source code.
258
259 No Separation of Components
260
261 The SOFTWARE is licensed as a single product. Except as
262 authorized in this Agreement, Software component parts of the
263 Software may not be separated for use on more than one
264 computer, nor otherwise used separately from the other parts.
265
266 No Rental
267
268 Licensee may not rent or lease the SOFTWARE to someone else.
269
270
271 1.3. Term and Termination
272
273 This Agreement will continue in effect for two (2) years
274 ("Initial Term") after Your initial download and use of the
275 SOFTWARE, subject to the exclusive right of NVIDIA to
276 terminate as provided herein. The term of this Agreement will
277 automatically renew for successive one (1) year renewal terms
278 after the Initial Term, unless either party provides to the
279 other party at least three (3) months prior written notice of
280 termination before the end of the applicable renewal term.
281
282 This Agreement will automatically terminate if Licensee fails
283 to comply with any of the terms and conditions hereof. In such
284 event, Licensee must destroy all copies of the SOFTWARE and
285 all of its component parts.
286
287
288 Defensive Suspension
289
290 If Licensee commences or participates in any legal proceeding
291 against NVIDIA, then NVIDIA may, in its sole discretion,
292 suspend or terminate all license grants and any other rights
293 provided under this Agreement during the pendency of such
294 legal proceedings.
295
296
297 1.4. Copyright
298
299 All rights, title, interest and copyrights in and to the
300 SOFTWARE (including but not limited to all images,
301 photographs, animations, video, audio, music, text, and other
302 information incorporated into the SOFTWARE), the accompanying
303 printed materials, and any copies of the SOFTWARE, are owned
304 by NVIDIA, or its suppliers. The SOFTWARE is protected by
305 copyright laws and international treaty provisions.
306 Accordingly, Licensee is required to treat the SOFTWARE like
307 any other copyrighted material, except as otherwise allowed
308 pursuant to this Agreement and that it may make one copy of
309 the SOFTWARE solely for backup or archive purposes.
310
311 RESTRICTED RIGHTS NOTICE. Software has been developed entirely
312 at private expense and is commercial computer software
313 provided with RESTRICTED RIGHTS. Use, duplication or
314 disclosure by the U.S. Government or a U.S. Government
315 subcontractor is subject to the restrictions set forth in the
316 Agreement under which Software was obtained pursuant to DFARS
317 227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2)
318 of the Commercial Computer Software - Restricted Rights clause
319 at FAR 52.227-19, as applicable. Contractor/manufacturer is
320 NVIDIA, 2701 San Tomas Expressway, Santa Clara, CA 95050.
321
322
323 1.5. Applicable Law
324
325 This Agreement shall be deemed to have been made in, and shall
326 be construed pursuant to, the laws of the State of Delaware.
327 The United Nations Convention on Contracts for the
328 International Sale of Goods is specifically disclaimed. The
329 courts of Santa Clara County, California shall have exclusive
330 jurisdiction and venue over any dispute arising out of or
331 relating to this Agreement.
332
333
334 1.6. Disclaimer of Warranties and Limitations on Liability
335
336
337 1.6.1. No Warranties
338
339 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
340 SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS
341 DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING,
342 BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
343 FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
344
345
346 1.6.2. No Liability for Consequential Damages
347
348 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
349 SHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
350 INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
351 (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
352 PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
353 OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
354 INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED
355 OF THE POSSIBILITY OF SUCH DAMAGES.
356
357
358 1.6.3. No Support
359
360 NVIDIA has no obligation to support or to provide any updates
361 of the Software.
362
363
364 1.7. Miscellaneous
365
366
367 1.7.1. Feedback
368
369 Notwithstanding any Non-Disclosure Agreement executed by and
370 between the parties, the parties agree that in the event
371 Licensee or NVIDIA provides Feedback (as defined below) to the
372 other party on how to design, implement, or improve the
373 SOFTWARE or Licensee's product(s) for use with the SOFTWARE,
374 the following terms and conditions apply the Feedback:
375
376
377 1.7.1.1. Exchange of Feedback
378
379 Both parties agree that neither party has an obligation to
380 give the other party any suggestions, comments or other
381 feedback, whether verbally or in written or source code form,
382 relating to (i) the SOFTWARE; (ii) Licensee's products; (iii)
383 Licensee's use of the SOFTWARE; or (iv)
384 optimization/interoperability of Licensee's product with the
385 SOFTWARE (collectively defined as "Feedback"). In the event
386 either party provides Feedback to the other party, the party
387 receiving the Feedback may use any Feedback that the other
388 party voluntarily provides to improve the (i) SOFTWARE or
389 other related NVIDIA technologies, respectively for the
390 benefit of NVIDIA; or (ii) Licensee's product or other related
391 Licensee technologies, respectively for the benefit of
392 Licensee. Accordingly, if either party provides Feedback to
393 the other party, both parties agree that the other party and
394 its respective licensees may freely use, reproduce, license,
395 distribute, and otherwise commercialize the Feedback in the
396 (i) SOFTWARE or other related technologies; or (ii) Licensee's
397 products or other related technologies, respectively, without
398 the payment of any royalties or fees.
399
400
401 1.7.1.2. Residual Rights
402
403 Licensee agrees that NVIDIA shall be free to use any general
404 knowledge, skills and experience, (including, but not limited
405 to, ideas, concepts, know-how, or techniques) ("Residuals"),
406 contained in the (i) Feedback provided by Licensee to NVIDIA;
407 (ii) Licensee's products shared or disclosed to NVIDIA in
408 connection with the Feedback; or (c) Licensee's confidential
409 information voluntarily provided to NVIDIA in connection with
410 the Feedback, which are retained in the memories of NVIDIA's
411 employees, agents, or contractors who have had access to such
412 Residuals. Subject to the terms and conditions of this
413 Agreement, NVIDIA's employees, agents, or contractors shall
414 not be prevented from using Residuals as part of such
415 employee's, agent's or contractor's general knowledge, skills,
416 experience, talent, and/or expertise. NVIDIA shall not have
417 any obligation to limit or restrict the assignment of such
418 employees, agents or contractors or to pay royalties for any
419 work resulting from the use of Residuals.
420
421
422 1.7.1.3. Disclaimer of Warranty
423
424 FEEDBACK FROM EITHER PARTY IS PROVIDED FOR THE OTHER PARTY'S
425 USE "AS IS" AND BOTH PARTIES DISCLAIM ALL WARRANTIES, EXPRESS,
426 IMPLIED AND STATUTORY INCLUDING, WITHOUT LIMITATION, THE
427 IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
428 PARTICULAR PURPOSE, OR NONINFRINGEMENT. BOTH PARTIES DO NOT
429 REPRESENT OR WARRANT THAT THE FEEDBACK WILL MEET THE OTHER
430 PARTY'S REQUIREMENTS OR THAT THE OPERATION OR IMPLEMENTATION
431 OF THE FEEDBACK WILL BE UNINTERRUPTED OR ERROR-FREE.
432
433
434 1.7.1.4. No Liability for Consequential Damages
435
436 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
437 SHALL EITHER PARTY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
438 INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
439 (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
440 PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
441 OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
442 INABILITY TO USE THE FEEDBACK, EVEN IF THE OTHER PARTY HAS
443 BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
444
445
446 1.7.2. Freedom of Action
447
448 Licensee agrees that this Agreement is nonexclusive and NVIDIA
449 may currently or in the future be developing software, other
450 technology or confidential information internally, or
451 receiving confidential information from other parties that
452 maybe similar to the Feedback and Licensee's confidential
453 information (as provided in Section 1.7.1.2 above), which may
454 be provided to NVIDIA in connection with Feedback by Licensee.
455 Accordingly, Licensee agrees that nothing in this Agreement
456 will be construed as a representation or inference that NVIDIA
457 will not develop, design, manufacture, acquire, market
458 products, or have products developed, designed, manufactured,
459 acquired, or marketed for NVIDIA, that compete with the
460 Licensee's products or confidential information.
461
462
463 1.7.3. No Implied Licenses
464
465 Under no circumstances should anything in this Agreement be
466 construed as NVIDIA granting by implication, estoppel or
467 otherwise, (i) a license to any NVIDIA product or technology
468 other than the SOFTWARE; or (ii) any additional license rights
469 for the SOFTWARE other than the licenses expressly granted in
470 this Agreement.
471
472
473 1.7.4.
474
475 If any provision of this Agreement is inconsistent with, or
476 cannot be fully enforced under, the law, such provision will
477 be construed as limited to the extent necessary to be
478 consistent with and fully enforceable under the law. This
479 Agreement is the final, complete and exclusive agreement
480 between the parties relating to the subject matter hereof, and
481 supersedes all prior or contemporaneous understandings and
482 agreements relating to such subject matter, whether oral or
483 written. This Agreement may only be modified in writing signed
484 by an authorized officer of NVIDIA. Licensee agrees that it
485 will not ship, transfer or export the SOFTWARE into any
486 country, or use the SOFTWARE in any manner, prohibited by the
487 United States Bureau of Industry and Security or any export
488 laws, restrictions or regulations.
489
490
491 1.7.5.
492
493 The parties agree that the following sections of the Agreement
494 will survive the termination of the License: Section 1.2.1.4,
495 Section 1.4, Section 1.5, Section 1.6, and Section 1.7.
496
497
498 1.8. Attachment A
499
500
501 Redistributable Software
502
503 In connection with Section 1.2.1.1 of this Agreement, the
504 following files may be redistributed with software
505 applications developed by Licensee, including certain
506 variations of these files that have version number or
507 architecture specific information embedded in the file name -
508 as an example only, for release version 5.5 of the 64-bit
509 Windows software, the file cudart64_55.dll is redistributable.
510
511 Component : CUDA Runtime
512 Windows : cudart.dll, cudart_static.lib
513 MacOS : libcudart.dylib, libcudart_static.a
514 Linux : libcudart.so, libcudart_static.a
515
516 Component : CUDA FFT Library
517 Windows : cufft.dll
518 MacOS : libcufft.dylib
519 Linux : libcufft.so
520
521 Component : CUDA BLAS Library
522 Windows : cublas.dll
523 MacOS : libcublas.dylib
524 Linux : libcublas.so
525
526 Component : CUDA Sparse Matrix Library
527 Windows : cusparse.dll
528 MacOs : libcusparse.dylib
529 Linux : libcusparse.so
530
531 Component : CUDA Random Number Generation Library
532 Windows : curand.dll
533 MacOs : libcurand.dylib
534 Linux : libcurand.so
535
536 Component : NVIDIA Performance Primitives Library
537 Windows : nppc.dll, nppi.dll, npps.dll
538 MacOs : libnppc.dylib, libnppi.dylib, libnpps.dylib
539 Linux : libnppc.so, libnppi.so, libnpps.so
540
541 Component : NVIDIA Optimizing Compiler Library
542 Windows : nvvm.dll
543 MacOs : libnvvm.so
544 Linux : libnvvm.dylib
545
546 Component : NVIDIA Common Device Math Functions Library
547 Windows : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc
548 MacOs : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc
549 Linux : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc
550
551 Component : NVIDIA Internal Library
552 MacOs : libtlshook.dylib
553
554
555
556 1.9. Attachment B
557
558
559 Additional Licensing Obligations
560
561 The following third party components included in the SOFTWARE
562 are licensed to Licensee pursuant to the following terms and
563 conditions:
564
565 1. Licensee's use of the following third party components is
566 subject to the terms and conditions of GNU GPL v2.0:
567
568 a. gdb
569
570 b. Open64
571
572 This product includes copyrighted third-party software
573 licensed under the terms of the GNU General Public License
574 v2.0 ("GPL v2.0). All third-party software packages are
575 copyright by their respective authors. GPL v2.0 terms and
576 conditions are hereby incorporated into the Agreement by
577 this reference.
578 http://www.gnu.org/licenses/old-licenses/gpl-2.0.txt
579
580 2. Licensee's use of the following third party components is
581 subject to the terms and conditions of GNU GPL v3.0:
582
583 a. gcc front-end v2.2
584
585 This product includes copyrighted third-party software licensed under
586 the terms of the GNU General Public License v2.0 ("GPL v2.0). All
587 third-party software packages are copyright by their respective
588 authors. GPL v2.0 terms and conditions are hereby incorporated into
589 the Agreement by this reference.
590
591 http://www.gnu.org/licenses/gpl.html
592
593 3. Licensee represents and warrants that any and all third
594 party licensing and/or royalty payment obligations in
595 connection with Licensee's use of the H.264 video codecs
596 are solely the responsibility of Licensee.
597
598 4. Licensee's use of the Thrust library is subject to the
599 terms and conditions of the Apache License Version 2.0.
600 All third-party software packages are copyright by their
601 respective authors. Apache License Version 2.0 terms and
602 conditions are hereby incorporated into the Agreement by
603 this reference.
604 http://www.apache.org/licenses/LICENSE-2.0.html
605
606 In addition, Licensee acknowledges the following notice:
607
608 Thrust includes source code from the Boost Iterator, Tuple, System,
609 and Random Number libraries.
610
611 Boost Software License - Version 1.0 - August 17th, 2003
612 . . . .
613
614 Permission is hereby granted, free of charge, to any person or
615 organization obtaining a copy of the software and accompanying
616 documentation covered by this license (the "Software") to use,
617 reproduce, display, distribute, execute, and transmit the Software,
618 and to prepare derivative works of the Software, and to permit
619 third-parties to whom the Software is furnished to do so, all
620 subject to the following:
621
622 The copyright notices in the Software and this entire statement,
623 including the above license grant, this restriction and the following
624 disclaimer, must be included in all copies of the Software, in whole
625 or in part, and all derivative works of the Software, unless such
626 copies or derivative works are solely in the form of machine-executable
627 object code generated by a source language processor.
628
629 THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
630 EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
631 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
632 NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR
633 ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR
634 OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING
635 FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
636 OTHER DEALINGS IN THE SOFTWARE.
637
638 5. Licensee's use of the LLVM third party component is
639 subject to the following terms and conditions:
640
641 ======================================================
642 LLVM Release License
643 ======================================================
644 University of Illinois/NCSA
645 Open Source License
646
647 Copyright (c) 2003-2010 University of Illinois at Urbana-Champaign.
648 All rights reserved.
649
650 Developed by:
651
652 LLVM Team
653
654 University of Illinois at Urbana-Champaign
655
656 http://llvm.org
657
658 Permission is hereby granted, free of charge, to any person obtaining a copy
659 of this software and associated documentation files (the "Software"), to
660 deal with the Software without restriction, including without limitation the
661 rights to use, copy, modify, merge, publish, distribute, sublicense, and/or
662 sell copies of the Software, and to permit persons to whom the Software is
663 furnished to do so, subject to the following conditions:
664
665 * Redistributions of source code must retain the above copyright notice,
666 this list of conditions and the following disclaimers.
667
668 * Redistributions in binary form must reproduce the above copyright
669 notice, this list of conditions and the following disclaimers in the
670 documentation and/or other materials provided with the distribution.
671
672 * Neither the names of the LLVM Team, University of Illinois at Urbana-
673 Champaign, nor the names of its contributors may be used to endorse or
674 promote products derived from this Software without specific prior
675 written permission.
676
677 THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
678 IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
679 FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL
680 THE CONTRIBUTORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR
681 OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,
682 ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
683 DEALINGS WITH THE SOFTWARE.
684
685 6. Licensee's use of the PCRE third party component is
686 subject to the following terms and conditions:
687
688 ------------
689 PCRE LICENCE
690 ------------
691 PCRE is a library of functions to support regular expressions whose syntax
692 and semantics are as close as possible to those of the Perl 5 language.
693 Release 8 of PCRE is distributed under the terms of the "BSD" licence, as
694 specified below. The documentation for PCRE, supplied in the "doc"
695 directory, is distributed under the same terms as the software itself. The
696 basic library functions are written in C and are freestanding. Also
697 included in the distribution is a set of C++ wrapper functions, and a just-
698 in-time compiler that can be used to optimize pattern matching. These are
699 both optional features that can be omitted when the library is built.
700
701 THE BASIC LIBRARY FUNCTIONS
702 ---------------------------
703 Written by: Philip Hazel
704 Email local part: ph10
705 Email domain: cam.ac.uk
706 University of Cambridge Computing Service,
707 Cambridge, England.
708 Copyright (c) 1997-2012 University of Cambridge
709 All rights reserved.
710
711 PCRE JUST-IN-TIME COMPILATION SUPPORT
712 -------------------------------------
713 Written by: Zoltan Herczeg
714 Email local part: hzmester
715 Emain domain: freemail.hu
716 Copyright(c) 2010-2012 Zoltan Herczeg
717 All rights reserved.
718
719 STACK-LESS JUST-IN-TIME COMPILER
720 --------------------------------
721 Written by: Zoltan Herczeg
722 Email local part: hzmester
723 Emain domain: freemail.hu
724 Copyright(c) 2009-2012 Zoltan Herczeg
725 All rights reserved.
726
727 THE C++ WRAPPER FUNCTIONS
728 -------------------------
729 Contributed by: Google Inc.
730 Copyright (c) 2007-2012, Google Inc.
731 All rights reserved.
732
733 THE "BSD" LICENCE
734 -----------------
735 Redistribution and use in source and binary forms, with or without
736 modification, are permitted provided that the following conditions are met:
737
738 * Redistributions of source code must retain the above copyright notice,
739 this list of conditions and the following disclaimer.
740
741 * Redistributions in binary form must reproduce the above copyright
742 notice, this list of conditions and the following disclaimer in the
743 documentation and/or other materials provided with the distribution.
744
745 * Neither the name of the University of Cambridge nor the name of Google
746 Inc. nor the names of their contributors may be used to endorse or
747 promote products derived from this software without specific prior
748 written permission.
749
750 THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
751 AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
752 IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
753 ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE
754 LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
755 CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
756 SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
757 INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
758 CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
759 ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
760 POSSIBILITY OF SUCH DAMAGE.
761
762 7. Some of the CUBLAS library routines were written by or
763 derived from code written by Vasily Volkov and are subject
764 to the Modified Berkeley Software Distribution License as
765 follows:
766
767 Copyright (c) 2007-2009, Regents of the University of California
768
769 All rights reserved.
770
771 Redistribution and use in source and binary forms, with or without
772 modification, are permitted provided that the following conditions are
773 met:
774 * Redistributions of source code must retain the above copyright
775 notice, this list of conditions and the following disclaimer.
776 * Redistributions in binary form must reproduce the above
777 copyright notice, this list of conditions and the following
778 disclaimer in the documentation and/or other materials provided
779 with the distribution.
780 * Neither the name of the University of California, Berkeley nor
781 the names of its contributors may be used to endorse or promote
782 products derived from this software without specific prior
783 written permission.
784
785 THIS SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS" AND ANY EXPRESS OR
786 IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
787 WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
788 DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT,
789 INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
790 (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
791 SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
792 HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
793 STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
794 IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
795 POSSIBILITY OF SUCH DAMAGE.
796
797 8. Some of the CUBLAS library routines were written by or
798 derived from code written by Davide Barbieri and are
799 subject to the Modified Berkeley Software Distribution
800 License as follows:
801
802 Copyright (c) 2008-2009 Davide Barbieri @ University of Rome Tor Vergata.
803
804 All rights reserved.
805
806 Redistribution and use in source and binary forms, with or without
807 modification, are permitted provided that the following conditions are
808 met:
809 * Redistributions of source code must retain the above copyright
810 notice, this list of conditions and the following disclaimer.
811 * Redistributions in binary form must reproduce the above
812 copyright notice, this list of conditions and the following
813 disclaimer in the documentation and/or other materials provided
814 with the distribution.
815 * The name of the author may not be used to endorse or promote
816 products derived from this software without specific prior
817 written permission.
818
819 THIS SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS" AND ANY EXPRESS OR
820 IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
821 WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
822 DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT,
823 INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
824 (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
825 SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
826 HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
827 STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
828 IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
829 POSSIBILITY OF SUCH DAMAGE.
830
831 9. Some of the CUBLAS library routines were derived from
832 code developed by the University of Tennessee and are
833 subject to the Modified Berkeley Software Distribution
834 License as follows:
835
836 Copyright (c) 2010 The University of Tennessee.
837
838 All rights reserved.
839
840 Redistribution and use in source and binary forms, with or without
841 modification, are permitted provided that the following conditions are
842 met:
843 * Redistributions of source code must retain the above copyright
844 notice, this list of conditions and the following disclaimer.
845 * Redistributions in binary form must reproduce the above
846 copyright notice, this list of conditions and the following
847 disclaimer listed in this license in the documentation and/or
848 other materials provided with the distribution.
849 * Neither the name of the copyright holders nor the names of its
850 contributors may be used to endorse or promote products derived
851 from this software without specific prior written permission.
852
853 THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
854 "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
855 LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
856 A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
857 OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
858 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
859 LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
860 DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
861 THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
862 (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
863 OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
864
865 10. Some of the CUBLAS library routines were written by or
866 derived from code written by Jonathan Hogg and are subject
867 to the Modified Berkeley Software Distribution License as
868 follows:
869
870 Copyright (c) 2012, The Science and Technology Facilities Council (STFC).
871
872 All rights reserved.
873
874 Redistribution and use in source and binary forms, with or without
875 modification, are permitted provided that the following conditions are
876 met:
877 * Redistributions of source code must retain the above copyright
878 notice, this list of conditions and the following disclaimer.
879 * Redistributions in binary form must reproduce the above
880 copyright notice, this list of conditions and the following
881 disclaimer in the documentation and/or other materials provided
882 with the distribution.
883 * Neither the name of the STFC nor the names of its contributors
884 may be used to endorse or promote products derived from this
885 software without specific prior written permission.
886
887 THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
888 "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
889 LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
890 A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE STFC BE
891 LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
892 CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
893 SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
894 BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
895 WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
896 OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN
897 IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
898
899 11. Some of the CUSPARSE library routines were written by or
900 derived from code written by Li-Wen Chang and are subject
901 to the NCSA Open Source License as follows:
902
903 Copyright (c) 2012, University of Illinois.
904
905 All rights reserved.
906
907 Developed by: IMPACT Group, University of Illinois, http://impact.crhc.illinois.edu
908
909 Permission is hereby granted, free of charge, to any person obtaining
910 a copy of this software and associated documentation files (the
911 "Software"), to deal with the Software without restriction, including
912 without limitation the rights to use, copy, modify, merge, publish,
913 distribute, sublicense, and/or sell copies of the Software, and to
914 permit persons to whom the Software is furnished to do so, subject to
915 the following conditions:
916 * Redistributions of source code must retain the above copyright
917 notice, this list of conditions and the following disclaimer.
918 * Redistributions in binary form must reproduce the above
919 copyright notice, this list of conditions and the following
920 disclaimers in the documentation and/or other materials provided
921 with the distribution.
922 * Neither the names of IMPACT Group, University of Illinois, nor
923 the names of its contributors may be used to endorse or promote
924 products derived from this Software without specific prior
925 written permission.
926
927 THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
928 EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
929 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
930 NONINFRINGEMENT. IN NO EVENT SHALL THE CONTRIBUTORS OR COPYRIGHT
931 HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER
932 IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR
933 IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS WITH THE
934 SOFTWARE.
935
936 12. Some of the CURAND library routines were written by or
937 derived from code written by Mutsuo Saito and Makoto
938 Matsumoto and are subject to the following license:
939
940 Copyright (c) 2009, 2010 Mutsuo Saito, Makoto Matsumoto and Hiroshima
941 University. All rights reserved.
942
943 Copyright (c) 2011 Mutsuo Saito, Makoto Matsumoto, Hiroshima
944 University and University of Tokyo. All rights reserved.
945
946 Redistribution and use in source and binary forms, with or without
947 modification, are permitted provided that the following conditions are
948 met:
949 * Redistributions of source code must retain the above copyright
950 notice, this list of conditions and the following disclaimer.
951 * Redistributions in binary form must reproduce the above
952 copyright notice, this list of conditions and the following
953 disclaimer in the documentation and/or other materials provided
954 with the distribution.
955 * Neither the name of the Hiroshima University nor the names of
956 its contributors may be used to endorse or promote products
957 derived from this software without specific prior written
958 permission.
959
960 THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
961 "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
962 LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
963 A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
964 OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
965 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
966 LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
967 DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
968 THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
969 (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
970 OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
971
972 13. Some of the CURAND library routines were derived from
973 code developed by D. E. Shaw Research and are subject to
974 the following license:
975
976 Copyright 2010-2011, D. E. Shaw Research.
977
978 All rights reserved.
979
980 Redistribution and use in source and binary forms, with or without
981 modification, are permitted provided that the following conditions are
982 met:
983 * Redistributions of source code must retain the above copyright
984 notice, this list of conditions, and the following disclaimer.
985 * Redistributions in binary form must reproduce the above
986 copyright notice, this list of conditions, and the following
987 disclaimer in the documentation and/or other materials provided
988 with the distribution.
989 * Neither the name of D. E. Shaw Research nor the names of its
990 contributors may be used to endorse or promote products derived
991 from this software without specific prior written permission.
992
993 THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
994 "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
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996 A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
997 OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
998 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
999 LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
1000 DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
1001 THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
1002 (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
1003 OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
1004
1005
1006 2. NVIDIA Corporation CUDA Samples End User License Agreement
1007 -------------------------------------------------------------
1008
1009 BY DOWNLOADING THE SOFTWARE AND OTHER AVAILABLE MATERIALS, YOU
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1028
1029 2.1. License
1030
1031 Subject to the terms of this Agreement, NVIDIA hereby grants
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1045 2.1.1. Source Code
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1058 2.1.2. Object Code
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1069 2.1.3. Art Assets
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1077 2.1.4. No Other License
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1090 2.1.5. Intellectual Property Ownership
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1101
1102
1103 2.2. Term of Agreement
1104
1105 This Agreement is effective until (i) automatically terminated
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1115
1116 2.3. Defensive Suspension
1117
1118 If Developer commences or participates in any legal proceeding
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1120 suspend or terminate all license grants and any other rights
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1124
1125 2.4. No Support
1126
1127 NVIDIA has no obligation to support or to continue providing
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1129
1130
1131 2.5. No Warranty
1132
1133 THE SOFTWARE AND ANY OTHER MATERIALS PROVIDED BY NVIDIA TO
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1139
1140 2.6. Limitation of Liability
1141
1142 NVIDIA SHALL NOT BE LIABLE TO DEVELOPER, DEVELOPER'S
1143 CUSTOMERS, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH OR
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1155
1156 2.7. Applicable Law
1157
1158 This Agreement shall be deemed to have been made in, and shall
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1160 The United Nations Convention on Contracts for the
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1163
1164 2.8. Feedback
1165
1166 Notwithstanding any Non-Disclosure Agreement executed by and
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1173
1174 2.8.1. Exchange of Feedback
1175
1176 Both parties agree that neither party has an obligation to
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1197
1198 2.8.2. Residual Rights
1199
1200 Licensee agrees that NVIDIA shall be free to use any general
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1217
1218
1219 2.8.3. Disclaimer of Warranty
1220
1221 FEEDBACK FROM EITHER PARTY IS PROVIDED FOR THE OTHER PARTY'S
1222 USE "AS IS" AND BOTH PARTIES DISCLAIM ALL WARRANTIES, EXPRESS,
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1229
1230
1231 2.8.4. No Liability for Consequential Damages
1232
1233 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
1234 SHALL EITHER PARTY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
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1241
1242
1243 2.9. Freedom of Action
1244
1245 Developer agrees that this Agreement is nonexclusive and
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1259
1260 2.10. Restricted Rights Notice
1261
1262 Materials have been developed entirely at private expense and
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1272
1273
1274 2.11. Miscellaneous
1275
1276 If any provision of this Agreement is inconsistent with, or
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1290
1291
1292 3. NVIDIA Driver License for Customer Use of NVIDIA Software
1293 ------------------------------------------------------------
1294
1295
1296 IMPORTANT NOTICE -- READ CAREFULLY:
1297 -----------------------------------
1298
1299 This License For Customer Use of NVIDIA Software ("LICENSE")
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1308
1309 RECITALS:
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1324
1325 3.1. Definitions
1326
1327
1328 3.1.1. Customer
1329
1330 Customer means the entity or individual that downloads the
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1334 3.2. Grant of License
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1337 3.2.1. Rights and Limitations of Grant
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1344 3.2.1.1. Rights
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1355 3.2.1.2. Linux/FreeBSD Exception
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1385 3.3. Termination
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1399 3.4. Copyright
1400
1401 All title and copyrights in and to the SOFTWARE (including but
1402 not limited to all images, photographs, animations, video,
1403 audio, music, text, and other information incorporated into
1404 the SOFTWARE), the accompanying printed materials, and any
1405 copies of the SOFTWARE, are owned by NVIDIA, or its suppliers.
1406 The SOFTWARE is protected by copyright laws and international
1407 treaty provisions. Accordingly, Customer is required to treat
1408 the SOFTWARE like any other copyrighted material, except as
1409 otherwise allowed pursuant to this LICENSE and that it may
1410 make one copy of the SOFTWARE solely for backup or archive
1411 purposes.
1412
1413
1414 Applicable Law
1415
1416 This LICENSE shall be deemed to have been made in, and shall
1417 be construed pursuant to, the laws of the State of Delaware.
1418 The United Nations Convention on Contracts for the
1419 International Sale of Goods is specifically disclaimed.
1420
1421
1422 3.6. Disclaimer of Warranties and Limitations on Liability
1423
1424
1425 3.6.1. No Warranties
1426
1427 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
1428 SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS
1429 DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER
1430 EXPRESS, IMPLIED, OR STATUTORY, RELATING TO OR ARISING FROM
1431 THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, IMPLIED
1432 WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
1433 PURPOSE, TITLE, AND NON-INFRINGEMENT. Without limiting the
1434 foregoing, you are solely responsible for determining and
1435 verifying that the SOFTWARE that you obtain and install is the
1436 appropriate version for your model of graphics controller
1437 board, operating system, and computer hardware.
1438
1439
1440 No Liability for Consequential Damages
1441
1442 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
1443 SHALL EITHER PARTY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
1444 INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
1445 (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
1446 PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
1447 OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
1448 INABILITY TO USE THE FEEDBACK, EVEN IF THE OTHER PARTY HAS
1449 BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
1450
1451
1452 3.7. System Updates
1453
1454 Customer hereby agrees and acknowledges that the SOFTWARE may
1455 access, collect non-personally identifiable information about,
1456 update, and configure Customer's system in order to properly
1457 optimize such system for use with the SOFTWARE. To the extent
1458 that Customer uses the SOFTWARE, Customer hereby consents to
1459 all of the foregoing, and represent and warrant that Customer
1460 has the right to grant such consent. In addition, Customer
1461 agrees that Customer is solely responsible for maintaining
1462 appropriate data backups and system restore points for
1463 Customer's system, and that NVIDIA will have no responsibility
1464 for any damage or loss to such system (including loss of data
1465 or access) arising from or relating to (a) any changes to the
1466 configuration, application settings, environment variables,
1467 registry, drivers, BIOS, or other attributes of the system (or
1468 any part of such system) initiated through the SOFTWARE; or
1469 (b) installation of any SOFTWARE or third party software
1470 patches through the NVIDIA Update Service. The SOFTWARE may
1471 contain links to websites and services. We encourage you to
1472 review the privacy statements on those sites and services that
1473 you choose to visit so that you can understand how they may
1474 collect, use and share your personal information. NVIDIA is
1475 not responsible for the privacy statements or practices of
1476 sites and services controlled by other companies or
1477 organizations.
1478
1479 Registration and Customer Information. Customer represents and
1480 warrants that the non-personally identifiable information that
1481 Customer has furnished in connection with its registration for
1482 the SOFTWARE is complete and accurate. Customer also
1483 acknowledges that from time to time, NVIDIA may collect, use,
1484 and disclose such information about Customer and/or Customer's
1485 system in connection with the SOFTWARE in accordance with
1486 NVIDIA's privacy policy, available at URL
1487 http://www.nvidia.com/object/privacy_policy.html. If Customer
1488 does not wish the SOFTWARE to provide system updates as
1489 described in this Section 3.7, uncheck "Automatically check
1490 for updates" in the "Preferences" tab of the applicable NVIDIA
1491 Update control panel for the SOFTWARE.
1492
1493
1494 3.8. Miscellaneous
1495
1496 If any provision of this LICENSE is inconsistent with, or
1497 cannot be fully enforced under, the law, such provision will
1498 be construed as limited to the extent necessary to be
1499 consistent with and fully enforceable under the law. This
1500 LICENSE is the final, complete and exclusive agreement between
1501 the parties relating to the subject matter hereof, and
1502 supersedes all prior or contemporaneous understandings and
1503 agreements relating to such subject matter, whether oral or
1504 written. This LICENSE may only be modified in writing signed
1505 by an authorized officer of NVIDIA. Customer agrees that it
1506 will not ship, transfer or export the SOFTWARE into any
1507 country, or use the SOFTWARE in any manner, prohibited by the
1508 United States Bureau of Industry and Security or any export
1509 laws, restrictions or regulations.
1510
1511
1512 4. NVIDIA Nsight Development Platform, Visual Studio Edition
1513 Software License Agreement (Windows only)
1514 ------------------------------------------------------------
1515
1516
1517 IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING
1518 ----------------------------------------------------
1519
1520 Do not use or load this software and any associated materials
1521 provided by NVIDIA on its extranet (collectively the
1522 "Software") until You have carefully read the following terms
1523 and conditions. By loading or using the Software, You agree to
1524 fully comply with the terms and conditions of this Software
1525 License Agreement ("Agreement") by and between NVIDIA
1526 Corporation, a Delaware corporation with its principal place
1527 of business at 2701 San Tomas Expressway, Santa Clara,
1528 California 95050 U.S.A. ("NVIDIA"), and You. If You do not
1529 wish to so agree, do not install or use the Software.
1530
1531 For the purposes of this Agreement:
1532
1533 "Licensee," "You" and/or "Your" shall mean, collectively and
1534 individually, Original Equipment Manufacturers, Independent
1535 Hardware Vendors, Independent Software Vendors, and End-Users
1536 of the Software pursuant to the terms and conditions of this
1537 Agreement.
1538
1539 "Intellectual Property Rights" shall mean all proprietary
1540 rights, including all patents, trademarks, copyrights,
1541 know-how, trade secrets, mask works, including all
1542 applications and registrations thereto, and any other similar
1543 protected rights in any country.
1544
1545
1546 4.1. Grant of License
1547
1548 NVIDIA agrees to provide the Software and any associated
1549 materials pursuant to this Agreement. Subject to the terms of
1550 this Agreement, NVIDIA grants to You a nonexclusive,
1551 transferable, worldwide, revocable, limited, royalty-free,
1552 fully paid-up license under NVIDIA's copyrights to install,
1553 deploy, use, have used execute, reproduce, display, perform,
1554 run, the object code of the Software, to create Your products
1555 to interoperate with NVIDIA hardware and software.
1556
1557 Unless otherwise authorized in the Agreement, You shall not
1558 otherwise assign, sublicense, lease, or in any other way
1559 transfer or disclose Software to any third party. Unless
1560 otherwise authorized in the Agreement, You shall not reverse-
1561 compile, disassemble, reverse-engineer, or in any manner
1562 attempt to derive the source code of the Software from the
1563 object code portions of the Software.
1564
1565 Except as expressly stated in this Agreement, no license or
1566 right is granted to You directly or by implication,
1567 inducement, estoppels or otherwise. NVIDIA shall have the
1568 right to inspect or have an independent auditor inspect Your
1569 relevant records to verify Your compliance with the terms and
1570 conditions of this Agreement.
1571
1572
1573 4.2. Confidentiality
1574
1575 If applicable, any exchange of Confidential Information (as
1576 defined in the NDA) shall be made pursuant to the terms and
1577 conditions of a separately signed Non-Disclosure Agreement
1578 ("NDA") by and between NVIDIA and You. For the sake of
1579 clarity, You agree that (a) the Software; and (b) Your use of
1580 the Software/participation in the Software's pre-production
1581 release is considered Confidential Information of NVIDIA.
1582
1583 If You wish to have a third party consultant or subcontractor
1584 ("Contractor") perform work on Your behalf which involves
1585 access to or use of Software, You shall obtain a written
1586 confidentiality agreement from the Contractor which contains
1587 terms and obligations with respect to access to or use of
1588 Software no less restrictive than those set forth in this
1589 Agreement and excluding any distribution or sublicense rights,
1590 and use for any other purpose than permitted in this
1591 Agreement. Otherwise, You shall not disclose the terms or
1592 existence of this Agreement or use NVIDIA's name in any
1593 publications, advertisements, or other announcements without
1594 NVIDIA's prior written consent. Unless otherwise provided in
1595 this Agreement, You do not have any rights to use any NVIDIA
1596 trademarks or logos.
1597
1598
1599 4.3. Ownership of Software and Intellectual Property Rights
1600
1601 All rights, title and interest to all copies of the Software
1602 remain with NVIDIA, subsidiaries, licensors, or its suppliers.
1603 The Software is copyrighted and protected by the laws of the
1604 United States and other countries, and international treaty
1605 provisions. You may not remove any copyright notices from the
1606 Software. NVIDIA may make changes to the Software, or to items
1607 referenced therein, at any time and without notice, but is not
1608 obligated to support or update the Software. Except as
1609 otherwise expressly provided, NVIDIA grants no express or
1610 implied right under any NVIDIA patents, copyrights,
1611 trademarks, or other intellectual property rights.
1612
1613 You have no obligation to give NVIDIA any suggestions,
1614 comments or other feedback ("Feedback") relating to the
1615 Software. However, NVIDIA may use and include any Feedback
1616 that You voluntarily provide to improve the Software or other
1617 related NVIDIA technologies. Accordingly, if You provide
1618 Feedback, You agree NVIDIA and its licensees may freely use,
1619 reproduce, license, distribute, and otherwise commercialize
1620 the Feedback in the Software or other related technologies
1621 without the payment of any royalties or fees. You also agree
1622 that the Software may collect application specific session
1623 data and target device information that shall be sent to
1624 NVIDIA, solely for use by NVIDIA in improving the Software.
1625
1626
1627 4.4. No Warranties
1628
1629 THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR
1630 IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF
1631 MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR
1632 PURPOSE. NVIDIA does not warrant or assume responsibility for
1633 the accuracy or completeness of any information, text,
1634 graphics, links or other items contained within the Software.
1635 NVIDIA does not represent that errors or other defects will be
1636 identified or corrected.
1637
1638
1639 4.5. Limitation of Liability
1640
1641 EXCEPT WITH RESPECT TO THE MISUSE OF THE OTHER PARTY'S
1642 INTELLECTUAL PROPERTY OR DISCLOSURE OF THE OTHER PARTY'S
1643 CONFIDENTIAL INFORMATION IN BREACH OF THIS AGREEMENT, IN NO
1644 EVENT SHALL NVIDIA, SUBSIDIARIES, LICENSORS, OR ITS SUPPLIERS
1645 BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
1646 LIMITATION, INDIRECT, LOST PROFITS, CONSEQUENTIAL, BUSINESS
1647 INTERRUPTION OR LOST INFORMATION) ARISING OUT OF THE USE OF OR
1648 INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED
1649 OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
1650 PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED
1651 WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE
1652 ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER
1653 LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
1654 NOTWITHSTANDING THE FOREGOING, NVIDIA'S AGGREGATE LIABILITY
1655 ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED
1656 UNITED STATES DOLLARS (USD$100).
1657
1658
1659 4.6. Term
1660
1661 This Agreement and the licenses granted hereunder shall be
1662 effective as of the date You install/download the Software
1663 ("Effective Date") and continue perpetually, unless terminated
1664 earlier in accordance with the "Termination" provision of this
1665 Agreement.
1666
1667
1668 4.7. Termination
1669
1670 NVIDIA may terminate this Agreement at any time if You violate
1671 its terms. Upon termination, You will immediately destroy the
1672 Software or return all copies of the Software to NVIDIA, and
1673 certify to NVIDIA in writing that such actions have been
1674 completed.
1675
1676
1677 4.8. Miscellaneous
1678
1679
1680 4.8.1. Survival
1681
1682 Those provisions in this Agreement, which by their nature need
1683 to survive the termination or expiration of this Agreement,
1684 shall survive termination or expiration of the Agreement,
1685 including but not limited to Section 4.2, Section 4.3,
1686 Section 4.4, Section 4.5, Section 4.7, and Section 4.8.
1687
1688
1689 4.8.2. Applicable Laws
1690
1691 Claims arising under this Agreement shall be governed by the
1692 laws of Delaware, excluding its principles of conflict of laws
1693 and the United Nations Convention on Contracts for the Sale of
1694 Goods. The state and/or federal courts residing in Santa Clara
1695 County, California shall have exclusive jurisdiction over any
1696 dispute or claim arising out of this Agreement. You may not
1697 export the Software in violation of applicable export laws and
1698 regulations.
1699
1700
1701 4.8.3. Amendment
1702
1703 The Agreement shall not be modified except by a written
1704 agreement that names this Agreement and any provision to be
1705 modified, is dated subsequent to the Effective Date, and is
1706 signed by duly authorized representatives of both parties.
1707
1708
1709 4.8.4. No Waiver
1710
1711 No failure or delay on the part of either party in the
1712 exercise of any right, power or remedy under this Agreement or
1713 under law, or to insist upon or enforce performance by the
1714 other party of any of the provisions of this Agreement or
1715 under law, shall operate as a waiver thereof, nor shall any
1716 single or partial exercise of any right, power or remedy
1717 preclude other or further exercise thereof, or the exercise of
1718 any other right, power or remedy; rather the provision, right,
1719 or remedy shall be and remain in full force and effect.
1720
1721
1722 4.8.5. No Assignment
1723
1724 This Agreement and Licensee's rights and obligations herein,
1725 may not be assigned, subcontracted, delegated, or otherwise
1726 transferred by Licensee without NVIDIA's prior written
1727 consent, and any attempted assignment, subcontract,
1728 delegation, or transfer in violation of the foregoing will be
1729 null and void. The terms of this Agreement shall be binding
1730 upon Licensee's assignees.
1731
1732
1733 4.8.6. Government Restricted Rights
1734
1735 The parties acknowledge that the Software is subject to U.S.
1736 export control laws and regulations. The parties agree to
1737 comply with all applicable international and national laws
1738 that apply to the Software, including the U.S. Export
1739 Administration Regulations, as well as end-user, end-use and
1740 destination restrictions issued by U.S. and other governments.
1741
1742 The Software has been developed entirely at private expense
1743 and is commercial computer software provided with RESTRICTED
1744 RIGHTS. Use, duplication or disclosure of the Software by the
1745 U.S. Government or a U.S. Government subcontractor is subject
1746 to the restrictions set forth in the Agreement under which the
1747 Software was obtained pursuant to DFARS 227.7202-3(a) or as
1748 set forth in subparagraphs (c)(1) and (2) of the Commercial
1749 Computer Software - Restricted Rights clause at FAR 52.227-19,
1750 as applicable. Contractor/manufacturer is NVIDIA, 2701 San
1751 Tomas Expressway, Santa Clara, CA 95050. Use of the Software
1752 by the Government constitutes acknowledgment of NVIDIA's
1753 proprietary rights therein.
1754
1755
1756 4.8.7. Independent Contractors
1757
1758 Licensee's relationship to NVIDIA is that of an independent
1759 contractor, and neither party is an agent or partner of the
1760 other. Licensee will not have, and will not represent to any
1761 third party that it has, any authority to act on behalf of
1762 NVIDIA.
1763
1764
1765 4.8.8. Severability
1766
1767 If for any reason a court of competent jurisdiction finds any
1768 provision of this Agreement, or portion thereof, to be
1769 unenforceable, that provision of the Agreement will be
1770 enforced to the maximum extent permissible so as to affect the
1771 intent of the parties, and the remainder of this Agreement
1772 will continue in full force and effect. This Agreement has
1773 been negotiated by the parties and their respective counsel
1774 and will be interpreted fairly in accordance with its terms
1775 and without any strict construction in favor of or against
1776 either party.
1777
1778
1779 4.8.9. Entire Agreement
1780
1781 This Agreement and NDA constitute the entire agreement between
1782 the parties with respect to the subject matter contemplated
1783 herein, and merges all prior and contemporaneous
1784 communications.
1785
1786 MICROSOFT SOFTWARE LICENSE TERMS
1787 MICROSOFT DIRECTX END USER RUNTIME
1788
1789 These license terms are an agreement between Microsoft Corporation (or based on
1790 where you live, one of its affiliates) and you. Please read them. They apply
1791 to the software named above, which includes the media on which you received it,
1792 if any. The terms also apply to any Microsoft
1793
1794 * updates,
1795 * supplements,
1796 * Internet-based services, and
1797 * support services
1798
1799 for this software, unless other terms accompany those items. If so, those
1800 terms apply.
1801
1802 BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO
1803 NOT USE THE SOFTWARE.
1804
1805 If you comply with these license terms, you have the rights below.
1806
1807 1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies
1808 of the software on your devices.
1809
1810 2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only
1811 gives you some rights to use the software. Microsoft reserves all other
1812 rights. Unless applicable law gives you more rights despite this limitation,
1813 you may use the software only as expressly permitted in this agreement. In
1814 doing so, you must comply with any technical limitations in the software that
1815 only allow you to use it in certain ways. You may not
1816
1817 * work around any technical limitations in the software;
1818 * reverse engineer, decompile or disassemble the software, except and only to
1819 the extent that applicable law expressly permits, despite this limitation;
1820 * make more copies of the software than specified in this agreement or allowed
1821 by applicable law, despite this limitation;
1822 * publish the software for others to copy;
1823 * rent, lease or lend the software;
1824 * transfer the software or this agreement to any third party; or
1825 * use the software for commercial software hosting services.
1826
1827 3. BACKUP COPY. You may make one backup copy of the software. You may use it
1828 only to reinstall the software.
1829
1830 4. DOCUMENTATION. Any person that has valid access to your computer or
1831 internal network may copy and use the documentation for your internal,
1832 reference purposes.
1833
1834 5. EXPORT RESTRICTIONS. The software is subject to United States export laws
1835 and regulations. You must comply with all domestic and international export
1836 laws and regulations that apply to the software. These laws include
1837 restrictions on destinations, end users and end use. For additional
1838 information, see www.microsoft.com/exporting.
1839
1840 6. SUPPORT SERVICES. Because this software is "as is," we may not provide
1841 support services for it.
1842
1843 7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates,
1844 Internet-based services and support services that you use, are the entire
1845 agreement for the software and support services.
1846
1847 8. APPLICABLE LAW.
1848
1849 a. United States. If you acquired the software in the United States,
1850 Washington state law governs the interpretation of this agreement and applies
1851 to claims for breach of it, regardless of conflict of laws principles. The
1852 laws of the state where you live govern all other claims, including claims
1853 under state consumer protection laws, unfair competition laws, and in tort.
1854
1855 b. Outside the United States. If you acquired the software in any other
1856 country, the laws of that country apply.
1857
1858 9. LEGAL EFFECT. This agreement describes certain legal rights. You may have
1859 other rights under the laws of your country. You may also have rights with
1860 respect to the party from whom you acquired the software. This agreement does
1861 not change your rights under the laws of your country if the laws of your
1862 country do not permit it to do so.
1863
1864 10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE
1865 RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR
1866 CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS
1867 WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL
1868 LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
1869 A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
1870
1871 11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM
1872 MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT
1873 RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL,
1874 INDIRECT OR INCIDENTAL DAMAGES.
1875
1876 This limitation applies to
1877
1878 * anything related to the software, services, content (including code) on third
1879 party Internet sites, or third party programs; and
1880 * claims for breach of contract, breach of warranty, guarantee or condition,
1881 strict liability, negligence, or other tort to the extent permitted by
1882 applicable law.
1883
1884 It also applies even if Microsoft knew or should have known about the
1885 possibility of the damages. The above limitation or exclusion may not apply to
1886 you because your country may not allow the exclusion or limitation of
1887 incidental, consequential or other damages.
1888
1889 The Software contains components, as listed below that are
1890 licensed to Licensee pursuant to the terms and conditions of
1891 their respective End User License Agreements:
1892
1893 * NVIDIA CUDA Samples
1894
1895 * NVIDIA CUDA Toolkit
1896
1897 * NVIDIA DirectX SDK
1898
1899 More information, including licensing information, about the
1900 NVIDIA CUDA Toolkit and the NVIDIA CUDA Samples can be found
1901 at: http://www.nvidia.com/getcuda
1902
1903 More information, including licensing information, about the
1904 NVIDIA DirectX SDK can be found at:
1905 http://developer.nvidia.com/object/sdk_home.html
1906
1907
1908 NVIDIA CUDA General Terms
1909 -------------------------
1910
1911 The Software may collect non-personally identifiable
1912 information for the purposes of customizing information
1913 delivered to you and improving future versions of the
1914 Software. Such information, including IP address and system
1915 configuration, will only be collected on an anonymous basis
1916 and cannot be linked to any personally identifiable
1917 information. Personally identifiable information such as your
1918 username or hostname is not collected.
1919
1920 -------------------------------------------------------------

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