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License For Customer Use of NVIDIA Software |
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IMPORTANT NOTICE -- READ CAREFULLY: This License For Customer Use of |
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NVIDIA Software ("LICENSE") is the agreement which governs use of the software of |
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NVIDIA Corporation and its subsidiaries ("NVIDIA") downloadable herefrom, |
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including computer software and associated printed materials ("SOFTWARE"). |
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By downloading, installing, copying, or otherwise using the SOFTWARE, you |
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agree to be bound by the terms of this LICENSE. If you do not agree to the |
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terms of this LICENSE, do not download the SOFTWARE. |
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RECITALS |
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Use of NVIDIA's products requires three elements: the SOFTWARE, the |
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hardware on a graphics controller board, and a personal computer. The |
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SOFTWARE is protected by copyright laws and international copyright |
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treaties, as well as other intellectual property laws and treaties. The |
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SOFTWARE is not sold, and instead is only licensed for use, strictly in |
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accordance with this document. The hardware is protected by various |
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patents, and is sold, but this agreement does not cover that sale, since it |
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may not necessarily be sold as a package with the SOFTWARE. This agreement |
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sets forth the terms and conditions of the SOFTWARE LICENSE only. |
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1. DEFINITIONS |
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1.1 Customer. Customer means the entity or individual that downloads the |
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SOFTWARE. |
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2. GRANT OF LICENSE |
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2.1 Rights and Limitations of Grant. NVIDIA hereby grants Customer the |
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following non-exclusive, non-transferable right to use the SOFTWARE, |
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with the following limitations: |
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2.1.1 Rights. Customer may install and use one copy of the SOFTWARE on a |
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single computer, and except for making one back-up copy of the |
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Software, may not otherwise copy the SOFTWARE. This LICENSE of |
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SOFTWARE may not be shared or used concurrently on different |
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computers. |
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2.1.2 Academic Exception. Notwithstanding the foregoing terms of Section |
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2.1.1, academic departments at colleges and universities may share |
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or distribute the SOFTWARE among multiple computers within a |
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department. |
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2.1.3 Linux Exception. Notwithstanding the foregoing terms of Section |
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2.1.1, SOFTWARE designed exclusively for use on the Linux operating |
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system may be copied and redistributed, provided that the binary |
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files thereof are not modified in any way (except for unzipping of |
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compressed files). |
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2.1.4 Limitations. |
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No Reverse Engineering. Customer may not reverse engineer, decompile, or |
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disassemble the SOFTWARE, nor attempt in any other manner to obtain the |
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source code. |
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No Separation of Components. The SOFTWARE is licensed as a single product. |
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Its component parts may not be separated for use on more than one computer, |
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nor otherwise used separately from the other parts. |
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No Rental. Customer may not rent or lease the SOFTWARE to someone else. |
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2.1.5 Redistribution |
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Notwithstanding any other provision to the contrary, Customer may redistribute |
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the Software executable and libraries only so long as such redistribution |
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accompanies your commercial or non-commercial application. Customer may not |
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install or place any redistribution files in the system path. Customer may not, |
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when redistributing the Software, modify any environmental variables created |
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by this installer.Any such redistribution shall be subject to the terms and |
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conditions of this License. |
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3. TERMINATION |
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This LICENSE will automatically terminate if Customer fails to comply with |
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any of the terms and conditions hereof. In such event, Customer must |
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destroy all copies of the SOFTWARE and all of its component parts. |
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4. COPYRIGHT |
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All title and copyrights in and to the SOFTWARE (including but not limited |
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to all images, photographs, animations, video, audio, music, text, and |
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other information incorporated into the SOFTWARE), the accompanying printed |
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materials, and any copies of the SOFTWARE, are owned by NVIDIA, or its |
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suppliers. The SOFTWARE is protected by copyright laws and international |
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treaty provisions. Accordingly, Customer is required to treat the SOFTWARE |
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like any other copyrighted material, except as otherwise allowed pursuant |
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to this LICENSE and that it may make one copy of the SOFTWARE solely for |
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backup or archive purposes. |
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5. APPLICABLE LAW |
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This agreement shall be deemed to have been made in, and shall be construed |
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pursuant to, the laws of the State of California. |
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6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY |
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6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY |
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APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND NVIDIA |
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AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS |
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OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED |
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WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR |
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PURPOSE. |
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6.2 No Liability for Consequential Damages. TO THE MAXIMUM |
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EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL |
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NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, |
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INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER |
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(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF |
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BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS |
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INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF |
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THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA |
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HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
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7. MISCELLANEOUS |
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The United Nations Convention on Contracts for the International Sale of |
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Goods is specifically disclaimed. If any provision of this LICENSE is |
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inconsistent with, or cannot be fully enforced under, the law, such |
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provision will be construed as limited to the extent necessary to be |
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consistent with and fully enforceable under the law. This agreement is the |
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final, complete and exclusive agreement between the parties relating to the |
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subject matter hereof, and supersedes all prior or contemporaneous |
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understandings and agreements relating to such subject matter, whether oral |
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or written. Customer agrees that it will not ship, transfer or export the |
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SOFTWARE into any country, or use the SOFTWARE in any manner, prohibited by |
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the United States Bureau of Export Administration or any export laws, |
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restrictions or regulations. This LICENSE may only be modified in writing |
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signed by an authorized officer of NVIDIA. |