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Revision 1.1 - (show annotations) (download)
Fri Feb 28 01:53:57 2014 UTC (9 months, 3 weeks ago) by vapier
Branch: MAIN
CVS Tags: HEAD
update nvidia license to newer version

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

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