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Revision 1.2 - (show annotations) (download)
Sat Jun 28 07:43:16 2008 UTC (6 years, 2 months ago) by maekke
Branch: MAIN
Changes since 1.1: +89 -70 lines
update NVIDIA license

1 License For Customer Use of NVIDIA Software
2
3 IMPORTANT NOTICE -- READ CAREFULLY: This License For Customer Use of
4 NVIDIA Software ("LICENSE") is the agreement which governs use of the software of
5 NVIDIA Corporation and its subsidiaries ("NVIDIA") downloadable herefrom,
6 including computer software and associated printed materials ("SOFTWARE").
7 By downloading, installing, copying, or otherwise using the SOFTWARE, you
8 agree to be bound by the terms of this LICENSE. If you do not agree to the
9 terms of this LICENSE, do not download the SOFTWARE.
10
11 RECITALS
12
13 Use of NVIDIA's products requires three elements: the SOFTWARE, the
14 hardware on a graphics controller board, and a personal computer. The
15 SOFTWARE is protected by copyright laws and international copyright
16 treaties, as well as other intellectual property laws and treaties. The
17 SOFTWARE is not sold, and instead is only licensed for use, strictly in
18 accordance with this document. The hardware is protected by various
19 patents, and is sold, but this agreement does not cover that sale, since it
20 may not necessarily be sold as a package with the SOFTWARE. This agreement
21 sets forth the terms and conditions of the SOFTWARE LICENSE only.
22
23 1. DEFINITIONS
24
25 1.1 Customer. Customer means the entity or individual that downloads the
26 SOFTWARE.
27
28 2. GRANT OF LICENSE
29
30 2.1 Rights and Limitations of Grant. NVIDIA hereby grants Customer the
31 following non-exclusive, non-transferable right to use the SOFTWARE,
32 with the following limitations:
33
34 2.1.1 Rights. Customer may install and use one copy of the SOFTWARE on a
35 single computer, and except for making one back-up copy of the
36 Software, may not otherwise copy the SOFTWARE. This LICENSE of
37 SOFTWARE may not be shared or used concurrently on different
38 computers.
39
40 2.1.2 Academic Exception. Notwithstanding the foregoing terms of Section
41 2.1.1, academic departments at colleges and universities may share
42 or distribute the SOFTWARE among multiple computers within a
43 department.
44
45 2.1.3 Linux Exception. Notwithstanding the foregoing terms of Section
46 2.1.1, SOFTWARE designed exclusively for use on the Linux operating
47 system may be copied and redistributed, provided that the binary
48 files thereof are not modified in any way (except for unzipping of
49 compressed files).
50
51 2.1.4 Limitations.
52
53 No Reverse Engineering. Customer may not reverse engineer, decompile, or
54 disassemble the SOFTWARE, nor attempt in any other manner to obtain the
55 source code.
56
57 No Separation of Components. The SOFTWARE is licensed as a single product.
58 Its component parts may not be separated for use on more than one computer,
59 nor otherwise used separately from the other parts.
60
61 No Rental. Customer may not rent or lease the SOFTWARE to someone else.
62
63 2.1.5 Redistribution
64
65 Notwithstanding any other provision to the contrary, Customer may redistribute
66 the Software executable and libraries only so long as such redistribution
67 accompanies your commercial or non-commercial application. Customer may not
68 install or place any redistribution files in the system path. Customer may not,
69 when redistributing the Software, modify any environmental variables created
70 by this installer.Any such redistribution shall be subject to the terms and
71 conditions of this License.
72
73 3. TERMINATION
74
75 This LICENSE will automatically terminate if Customer fails to comply with
76 any of the terms and conditions hereof. In such event, Customer must
77 destroy all copies of the SOFTWARE and all of its component parts.
78
79 4. COPYRIGHT
80
81 All title and copyrights in and to the SOFTWARE (including but not limited
82 to all images, photographs, animations, video, audio, music, text, and
83 other information incorporated into the SOFTWARE), the accompanying printed
84 materials, and any copies of the SOFTWARE, are owned by NVIDIA, or its
85 suppliers. The SOFTWARE is protected by copyright laws and international
86 treaty provisions. Accordingly, Customer is required to treat the SOFTWARE
87 like any other copyrighted material, except as otherwise allowed pursuant
88 to this LICENSE and that it may make one copy of the SOFTWARE solely for
89 backup or archive purposes.
90
91 5. APPLICABLE LAW
92
93 This agreement shall be deemed to have been made in, and shall be construed
94 pursuant to, the laws of the State of California.
95
96 6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
97
98 6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY
99 APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND NVIDIA
100 AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS
101 OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
102 WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
103 PURPOSE.
104
105 6.2 No Liability for Consequential Damages. TO THE MAXIMUM
106 EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
107 NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
108 INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
109 (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
110 BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
111 INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF
112 THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA
113 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
114
115 7. MISCELLANEOUS
116
117 The United Nations Convention on Contracts for the International Sale of
118 Goods is specifically disclaimed. If any provision of this LICENSE is
119 inconsistent with, or cannot be fully enforced under, the law, such
120 provision will be construed as limited to the extent necessary to be
121 consistent with and fully enforceable under the law. This agreement is the
122 final, complete and exclusive agreement between the parties relating to the
123 subject matter hereof, and supersedes all prior or contemporaneous
124 understandings and agreements relating to such subject matter, whether oral
125 or written. Customer agrees that it will not ship, transfer or export the
126 SOFTWARE into any country, or use the SOFTWARE in any manner, prohibited by
127 the United States Bureau of Export Administration or any export laws,
128 restrictions or regulations. This LICENSE may only be modified in writing
129 signed by an authorized officer of NVIDIA.

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