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Revision 1.2 - (show annotations) (download)
Thu Apr 24 13:16:46 2014 UTC (13 months ago) by jlec
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Updated NVIDIA CUDA EULA

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 NVIDIA products. By accepting this
10 agreement, you agree to comply with all the terms and
11 conditions applicable to the specific product(s) included
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 for the Windows platform is available in
82 Chapter 3, and the NVIDIA Driver License for the Linux and Mac
83 OSX platforms is available in Chapter 4.
84
85
86 NVIDIA Nsight Visual Studio Edition (Windows only)
87
88
89 Description
90
91 NVIDIA Nsight Development Platform, Visual Studio Edition is a
92 development environment integrated into Microsoft Visual
93 Studio that provides tools for debugging, profiling, analyzing
94 and optimizing your GPU computing and graphics applications.
95 The NVIDIA Nsight Visual Studio Edition License Agreement is
96 available in Chapter 5.
97
98
99 Default Install Location of Nsight Visual Studio Edition
100
101 Windows platform:
102
103 %ProgramFiles%\NVIDIA Corporation\Nsight Visual Studio Edition #.#
104
105
106 NVIDIA CUDA General Terms
107
108
109 Description
110
111 General terms that apply to all of the software components are
112 available in Chapter 6.
113
114
115 1. NVIDIA CUDA Toolkit License Agreement
116 ----------------------------------------
117
118
119 Important Notice
120 ----------------
121
122 READ CAREFULLY: This Software License Agreement ("Agreement")
123 for NVIDIA CUDA Toolkit, including computer software and
124 associated documentation ("Software"), is the Agreement which
125 governs use of the SOFTWARE of NVIDIA Corporation and its
126 subsidiaries ("NVIDIA") downloadable herefrom. By downloading,
127 installing, copying, or otherwise using the SOFTWARE, You (as
128 defined below) agree to be bound by the terms of this
129 Agreement. If You do not agree to the terms of this Agreement,
130 do not download the SOFTWARE.
131
132
133 Recitals
134 --------
135
136 Use of NVIDIA's SOFTWARE requires three elements: the
137 SOFTWARE, an NVIDIA GPU or application processor ("NVIDIA
138 Hardware"), and a computer system. The SOFTWARE is protected
139 by copyright laws and international copyright treaties, as
140 well as other intellectual property laws and treaties. The
141 SOFTWARE is not sold, and instead is only licensed for Your
142 use, strictly in accordance with this Agreement. The NVIDIA
143 Hardware is protected by various patents, and is sold, but
144 this Agreement does not cover the sale or use of such
145 hardware, since it may not necessarily be sold as a package
146 with the SOFTWARE. This Agreement sets forth the terms and
147 conditions of the SOFTWARE only.
148
149
150 1.1. Definitions
151
152
153 1.1.1. Licensee
154
155 "You", or "Your" shall mean the entity or individual that
156 downloads and uses the SOFTWARE.
157
158
159 1.1.2. Redistributable Software
160
161 "Redistributable Software" shall mean the redistributable
162 libraries referenced in Attachment A of this Agreement.
163
164
165 1.1.3. Software
166
167 "SOFTWARE" shall mean the deliverables provided pursuant to
168 this Agreement. SOFTWARE may be provided in either source or
169 binary form, at NVIDIA's discretion.
170
171
172 1.2. Grant of License
173
174
175 1.2.1. Rights and Limitations of Grant
176
177 Provided that Licensee complies with the terms of this
178 Agreement, NVIDIA hereby grants Licensee the following
179 limited, non-exclusive, non-transferable, non-sublicensable
180 (except as expressly permitted otherwise for Redistributable
181 Software in Section 1.2.1.1 and Section 1.2.1.3 of this
182 Agreement) right to use the SOFTWARE -- and, if the SOFTWARE
183 is provided in source form, to compile the SOFTWARE -- with
184 the following limitations:
185
186
187 1.2.1.1. Redistribution Rights
188
189 Licensee may transfer, redistribute, and sublicense certain
190 files of the Redistributable SOFTWARE, as defined in
191 Attachment A of this Agreement, provided, however, that (a)
192 the Redistributable SOFTWARE shall be distributed solely in
193 binary form to Licensee's licensees ("Customers") only as a
194 component of Licensee's own software products (each, a
195 "Licensee Application"); (b) Licensee shall design the
196 Licensee Application such that the Redistributable SOFTWARE
197 files are installed only in a private (non-shared) directory
198 location that is used only by the Licensee Application; (c)
199 Licensee shall obtain each Customer's written or clickwrap
200 agreement to the license terms under a written, legally
201 enforceable agreement that has the effect of protecting the
202 SOFTWARE and the rights of NVIDIA under terms no less
203 restrictive than this Agreement.
204
205
206 1.2.1.2. Usage Rights
207
208 Licensee may install and use multiple copies of the SOFTWARE
209 on a shared computer or concurrently on different computers,
210 and make multiple back-up copies of the SOFTWARE, solely for
211 Licensee's use within Licensee's Enterprise. "Enterprise"
212 shall mean individual use by Licensee or any legal entity
213 (such as a corporation or university) and the subsidiaries it
214 owns by more than 50 percent.
215
216
217 1.2.1.3. Further Redistribution Rights
218
219 Subject to the terms and conditions of the Agreement, Licensee
220 may authorize Customers to further redistribute the
221 Redistributable SOFTWARE that such Customers receive as part
222 of the Licensee Application, solely in binary form, provided,
223 however, that Licensee shall require in their standard
224 software license agreements with Customers that all such
225 redistributions must be made pursuant to a license agreement
226 that has the effect of protecting the SOFTWARE and the rights
227 of NVIDIA whose terms and conditions are at least as
228 restrictive as those in the applicable Licensee software
229 license agreement covering the Licensee Application. For
230 avoidance of doubt, termination of this Agreement shall not
231 affect rights previously granted by Licensee to its Customers
232 under this Agreement to the extent validly granted to
233 Customers under Section 1.2.1.1.
234
235
236 1.2.1.4. Linux/FreeBSD Exception
237
238 Notwithstanding the foregoing terms of Section 1.2.1.2,
239 Section 1.2.1.1 and Section 1.2.1.3, SOFTWARE designed
240 exclusively for use on the Linux or FreeBSD operating systems,
241 or other operating systems derived from the source code to
242 these operating systems, may be copied and redistributed,
243 provided that the binary files thereof are not modified in any
244 way (except for unzipping of compressed files).
245
246
247 1.2.1.5. Additional Licensing Obligations
248
249 Licensee acknowledges and agrees that its use of certain third
250 party components included with the SOFTWARE may be subject to
251 additional licensing terms and conditions as set forth or
252 referenced in Attachment B of this Agreement.
253
254
255 1.2.1.6. Limitations
256
257 No Reverse Engineering
258
259 If the SOFTWARE is provided in binary form, Licensee may not
260 reverse engineer, decompile, or disassemble the SOFTWARE, nor
261 attempt in any other manner to obtain the source code.
262
263 No Separation of Components
264
265 The SOFTWARE is licensed as a single product. Except as
266 authorized in this Agreement, Software component parts of the
267 Software may not be separated for use on more than one
268 computer, nor otherwise used separately from the other parts.
269
270 No Rental
271
272 Licensee may not rent or lease the SOFTWARE to someone else.
273
274 No Modifications
275
276 If the SOFTWARE is provided in source form, Licensee may not
277 modify or create derivative works of the SOFTWARE.
278
279
280 1.3. Term and Termination
281
282 This Agreement will continue in effect for two (2) years
283 ("Initial Term") after Your initial download and use of the
284 SOFTWARE, subject to the exclusive right of NVIDIA to
285 terminate as provided herein. The term of this Agreement will
286 automatically renew for successive one (1) year renewal terms
287 after the Initial Term, unless either party provides to the
288 other party at least three (3) months prior written notice of
289 termination before the end of the applicable renewal term.
290
291 This Agreement will automatically terminate if Licensee fails
292 to comply with any of the terms and conditions hereof. In such
293 event, Licensee must destroy all copies of the SOFTWARE and
294 all of its component parts.
295
296
297 Defensive Suspension
298
299 If Licensee commences or participates in any legal proceeding
300 against NVIDIA, then NVIDIA may, in its sole discretion,
301 suspend or terminate all license grants and any other rights
302 provided under this Agreement during the pendency of such
303 legal proceedings.
304
305
306 1.4. Copyright
307
308 All rights, title, interest and copyrights in and to the
309 SOFTWARE (including but not limited to all images,
310 photographs, animations, video, audio, music, text, and other
311 information incorporated into the SOFTWARE), the accompanying
312 printed materials, and any copies of the SOFTWARE, are owned
313 by NVIDIA, or its suppliers. The SOFTWARE is protected by
314 copyright laws and international treaty provisions.
315 Accordingly, Licensee is required to treat the SOFTWARE like
316 any other copyrighted material, except as otherwise allowed
317 pursuant to this Agreement and that it may make one copy of
318 the SOFTWARE solely for backup or archive purposes.
319
320 RESTRICTED RIGHTS NOTICE. Software has been developed entirely
321 at private expense and is commercial computer software
322 provided with RESTRICTED RIGHTS. Use, duplication or
323 disclosure by the U.S. Government or a U.S. Government
324 subcontractor is subject to the restrictions set forth in the
325 Agreement under which Software was obtained pursuant to DFARS
326 227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2)
327 of the Commercial Computer Software - Restricted Rights clause
328 at FAR 52.227-19, as applicable. Contractor/manufacturer is
329 NVIDIA, 2701 San Tomas Expressway, Santa Clara, CA 95050.
330
331
332 1.5. Applicable Law
333
334 This Agreement shall be deemed to have been made in, and shall
335 be construed pursuant to, the laws of the State of Delaware.
336 The United Nations Convention on Contracts for the
337 International Sale of Goods is specifically disclaimed. The
338 courts of Santa Clara County, California shall have exclusive
339 jurisdiction and venue over any dispute arising out of or
340 relating to this Agreement.
341
342
343 1.6. Disclaimer of Warranties and Limitations on Liability
344
345
346 1.6.1. No Warranties
347
348 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
349 SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS
350 DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING,
351 BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
352 FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
353
354
355 1.6.2. No Liability for Consequential Damages
356
357 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
358 SHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
359 INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
360 (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
361 PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
362 OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
363 INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED
364 OF THE POSSIBILITY OF SUCH DAMAGES.
365
366
367 1.6.3. No Support
368
369 NVIDIA has no obligation to support or to provide any updates
370 of the Software.
371
372
373 1.7. Miscellaneous
374
375
376 1.7.1. Feedback
377
378 Notwithstanding any Non-Disclosure Agreement executed by and
379 between the parties, the parties agree that in the event
380 Licensee or NVIDIA provides Feedback (as defined below) to the
381 other party on how to design, implement, or improve the
382 SOFTWARE or Licensee's product(s) for use with the SOFTWARE,
383 the following terms and conditions apply the Feedback:
384
385
386 1.7.1.1. Exchange of Feedback
387
388 Both parties agree that neither party has an obligation to
389 give the other party any suggestions, comments or other
390 feedback, whether verbally or in written or source code form,
391 relating to (i) the SOFTWARE; (ii) Licensee's products; (iii)
392 Licensee's use of the SOFTWARE; or (iv)
393 optimization/interoperability of Licensee's product with the
394 SOFTWARE (collectively defined as "Feedback"). In the event
395 either party provides Feedback to the other party, the party
396 receiving the Feedback may use any Feedback that the other
397 party voluntarily provides to improve the (i) SOFTWARE or
398 other related NVIDIA technologies, respectively for the
399 benefit of NVIDIA; or (ii) Licensee's product or other related
400 Licensee technologies, respectively for the benefit of
401 Licensee. Accordingly, if either party provides Feedback to
402 the other party, both parties agree that the other party and
403 its respective licensees may freely use, reproduce, license,
404 distribute, and otherwise commercialize the Feedback in the
405 (i) SOFTWARE or other related technologies; or (ii) Licensee's
406 products or other related technologies, respectively, without
407 the payment of any royalties or fees.
408
409
410 1.7.1.2. Residual Rights
411
412 Licensee agrees that NVIDIA shall be free to use any general
413 knowledge, skills and experience, (including, but not limited
414 to, ideas, concepts, know-how, or techniques) ("Residuals"),
415 contained in the (i) Feedback provided by Licensee to NVIDIA;
416 (ii) Licensee's products shared or disclosed to NVIDIA in
417 connection with the Feedback; or (c) Licensee's confidential
418 information voluntarily provided to NVIDIA in connection with
419 the Feedback, which are retained in the memories of NVIDIA's
420 employees, agents, or contractors who have had access to such
421 Residuals. Subject to the terms and conditions of this
422 Agreement, NVIDIA's employees, agents, or contractors shall
423 not be prevented from using Residuals as part of such
424 employee's, agent's or contractor's general knowledge, skills,
425 experience, talent, and/or expertise. NVIDIA shall not have
426 any obligation to limit or restrict the assignment of such
427 employees, agents or contractors or to pay royalties for any
428 work resulting from the use of Residuals.
429
430
431 1.7.1.3. Disclaimer of Warranty
432
433 FEEDBACK FROM EITHER PARTY IS PROVIDED FOR THE OTHER PARTY'S
434 USE "AS IS" AND BOTH PARTIES DISCLAIM ALL WARRANTIES, EXPRESS,
435 IMPLIED AND STATUTORY INCLUDING, WITHOUT LIMITATION, THE
436 IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
437 PARTICULAR PURPOSE, OR NONINFRINGEMENT. BOTH PARTIES DO NOT
438 REPRESENT OR WARRANT THAT THE FEEDBACK WILL MEET THE OTHER
439 PARTY'S REQUIREMENTS OR THAT THE OPERATION OR IMPLEMENTATION
440 OF THE FEEDBACK WILL BE UNINTERRUPTED OR ERROR-FREE.
441
442
443 1.7.1.4. No Liability for Consequential Damages
444
445 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
446 SHALL EITHER PARTY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
447 INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
448 (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
449 PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
450 OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
451 INABILITY TO USE THE FEEDBACK, EVEN IF THE OTHER PARTY HAS
452 BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
453
454
455 1.7.2. Freedom of Action
456
457 Licensee agrees that this Agreement is nonexclusive and NVIDIA
458 may currently or in the future be developing software, other
459 technology or confidential information internally, or
460 receiving confidential information from other parties that
461 maybe similar to the Feedback and Licensee's confidential
462 information (as provided in Section 1.7.1.2 above), which may
463 be provided to NVIDIA in connection with Feedback by Licensee.
464 Accordingly, Licensee agrees that nothing in this Agreement
465 will be construed as a representation or inference that NVIDIA
466 will not develop, design, manufacture, acquire, market
467 products, or have products developed, designed, manufactured,
468 acquired, or marketed for NVIDIA, that compete with the
469 Licensee's products or confidential information.
470
471
472 1.7.3. No Implied Licenses
473
474 Under no circumstances should anything in this Agreement be
475 construed as NVIDIA granting by implication, estoppel or
476 otherwise, (i) a license to any NVIDIA product or technology
477 other than the SOFTWARE; or (ii) any additional license rights
478 for the SOFTWARE other than the licenses expressly granted in
479 this Agreement.
480
481
482 1.7.4.
483
484 If any provision of this Agreement is inconsistent with, or
485 cannot be fully enforced under, the law, such provision will
486 be construed as limited to the extent necessary to be
487 consistent with and fully enforceable under the law. This
488 Agreement is the final, complete and exclusive agreement
489 between the parties relating to the subject matter hereof, and
490 supersedes all prior or contemporaneous understandings and
491 agreements relating to such subject matter, whether oral or
492 written. This Agreement may only be modified in writing signed
493 by an authorized officer of NVIDIA. Licensee agrees that it
494 will not ship, transfer or export the SOFTWARE into any
495 country, or use the SOFTWARE in any manner, prohibited by the
496 United States Bureau of Industry and Security or any export
497 laws, restrictions or regulations.
498
499
500 1.7.5.
501
502 The parties agree that the following sections of the Agreement
503 will survive the termination of the License: Section 1.2.1.4,
504 Section 1.4, Section 1.5, Section 1.6, and Section 1.7.
505
506
507 1.8. Attachment A
508
509
510 Redistributable Software
511
512 In connection with Section 1.2.1.1 of this Agreement, the
513 following files may be redistributed with software
514 applications developed by Licensee, including certain
515 variations of these files that have version number or
516 architecture specific information embedded in the file name -
517 as an example only, for release version 6.0 of the 64-bit
518 Windows software, the file cudart64_60.dll is redistributable.
519
520 Component : CUDA Runtime
521 Windows : cudart.dll, cudart_static.lib
522 MacOS : libcudart.dylib, libcudart_static.a
523 Linux : libcudart.so, libcudart_static.a
524 Android : libcudart.so, libcudart_static.a
525
526 Component : CUDA FFT Library
527 Windows : cufft.dll
528 MacOS : libcufft.dylib
529 Linux : libcufft.so
530 Android : libcufft.so
531
532 Component : CUDA BLAS Library
533 Windows : cublas.dll
534 MacOS : libcublas.dylib
535 Linux : libcublas.so
536 Android : libcublas.so
537
538 Component : CUDA Sparse Matrix Library
539 Windows : cusparse.dll
540 MacOs : libcusparse.dylib
541 Linux : libcusparse.so
542 Android : libcusparse.so
543
544 Component : CUDA Random Number Generation Library
545 Windows : curand.dll
546 MacOs : libcurand.dylib
547 Linux : libcurand.so
548 Android : libcurand.so
549
550 Component : NVIDIA Performance Primitives Library
551 Windows : nppc.dll, nppi.dll, npps.dll
552 MacOs : libnppc.dylib, libnppi.dylib, libnpps.dylib
553 Linux : libnppc.so, libnppi.so, libnpps.so
554 Android : libnppc.so, libnppi.so, libnpps.so
555
556 Component : NVIDIA Optimizing Compiler Library
557 Windows : nvvm.dll
558 MacOs : libnvvm.dylib
559 Linux : libnvvm.so
560
561 Component : NVIDIA Common Device Math Functions Library
562 Windows : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc
563 MacOs : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc
564 Linux : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc
565
566 Component : CUDA Occupancy Calculation Header Library
567 All : cuda_occupancy.h
568
569
570
571 1.9. Attachment B
572
573
574 Additional Licensing Obligations
575
576 The following third party components included in the SOFTWARE
577 are licensed to Licensee pursuant to the following terms and
578 conditions:
579
580 1. Licensee's use of the following third party components is
581 subject to the terms and conditions of GNU GPL v2.0:
582
583 a. gdb
584
585 b. Open64
586
587 This product includes copyrighted third-party software
588 licensed under the terms of the GNU General Public License
589 v2.0 ("GPL v2.0). All third-party software packages are
590 copyright by their respective authors. GPL v2.0 terms and
591 conditions are hereby incorporated into the Agreement by
592 this reference.
593 http://www.gnu.org/licenses/old-licenses/gpl-2.0.txt
594
595 2. Licensee's use of the following third party components is
596 subject to the terms and conditions of GNU GPL v3.0:
597
598 a. gcc front-end v2.2
599
600 This product includes copyrighted third-party software licensed under
601 the terms of the GNU General Public License v2.0 ("GPL v2.0). All
602 third-party software packages are copyright by their respective
603 authors. GPL v2.0 terms and conditions are hereby incorporated into
604 the Agreement by this reference.
605
606 http://www.gnu.org/licenses/gpl.html
607
608 3. Licensee represents and warrants that any and all third
609 party licensing and/or royalty payment obligations in
610 connection with Licensee's use of the H.264 video codecs
611 are solely the responsibility of Licensee.
612
613 4. Licensee's use of the Thrust library is subject to the
614 terms and conditions of the Apache License Version 2.0.
615 All third-party software packages are copyright by their
616 respective authors. Apache License Version 2.0 terms and
617 conditions are hereby incorporated into the Agreement by
618 this reference.
619 http://www.apache.org/licenses/LICENSE-2.0.html
620
621 In addition, Licensee acknowledges the following notice:
622
623 Thrust includes source code from the Boost Iterator, Tuple, System,
624 and Random Number libraries.
625
626 Boost Software License - Version 1.0 - August 17th, 2003
627 . . . .
628
629 Permission is hereby granted, free of charge, to any person or
630 organization obtaining a copy of the software and accompanying
631 documentation covered by this license (the "Software") to use,
632 reproduce, display, distribute, execute, and transmit the Software,
633 and to prepare derivative works of the Software, and to permit
634 third-parties to whom the Software is furnished to do so, all
635 subject to the following:
636
637 The copyright notices in the Software and this entire statement,
638 including the above license grant, this restriction and the following
639 disclaimer, must be included in all copies of the Software, in whole
640 or in part, and all derivative works of the Software, unless such
641 copies or derivative works are solely in the form of machine-executable
642 object code generated by a source language processor.
643
644 THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
645 EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
646 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
647 NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR
648 ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR
649 OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING
650 FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
651 OTHER DEALINGS IN THE SOFTWARE.
652
653 5. Licensee's use of the LLVM third party component is
654 subject to the following terms and conditions:
655
656 ======================================================
657 LLVM Release License
658 ======================================================
659 University of Illinois/NCSA
660 Open Source License
661
662 Copyright (c) 2003-2010 University of Illinois at Urbana-Champaign.
663 All rights reserved.
664
665 Developed by:
666
667 LLVM Team
668
669 University of Illinois at Urbana-Champaign
670
671 http://llvm.org
672
673 Permission is hereby granted, free of charge, to any person obtaining a copy
674 of this software and associated documentation files (the "Software"), to
675 deal with the Software without restriction, including without limitation the
676 rights to use, copy, modify, merge, publish, distribute, sublicense, and/or
677 sell copies of the Software, and to permit persons to whom the Software is
678 furnished to do so, subject to the following conditions:
679
680 * Redistributions of source code must retain the above copyright notice,
681 this list of conditions and the following disclaimers.
682
683 * Redistributions in binary form must reproduce the above copyright
684 notice, this list of conditions and the following disclaimers in the
685 documentation and/or other materials provided with the distribution.
686
687 * Neither the names of the LLVM Team, University of Illinois at Urbana-
688 Champaign, nor the names of its contributors may be used to endorse or
689 promote products derived from this Software without specific prior
690 written permission.
691
692 THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
693 IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
694 FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL
695 THE CONTRIBUTORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR
696 OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,
697 ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
698 DEALINGS WITH THE SOFTWARE.
699
700 6. Licensee's use of the PCRE third party component is
701 subject to the following terms and conditions:
702
703 ------------
704 PCRE LICENCE
705 ------------
706 PCRE is a library of functions to support regular expressions whose syntax
707 and semantics are as close as possible to those of the Perl 5 language.
708 Release 8 of PCRE is distributed under the terms of the "BSD" licence, as
709 specified below. The documentation for PCRE, supplied in the "doc"
710 directory, is distributed under the same terms as the software itself. The
711 basic library functions are written in C and are freestanding. Also
712 included in the distribution is a set of C++ wrapper functions, and a just-
713 in-time compiler that can be used to optimize pattern matching. These are
714 both optional features that can be omitted when the library is built.
715
716 THE BASIC LIBRARY FUNCTIONS
717 ---------------------------
718 Written by: Philip Hazel
719 Email local part: ph10
720 Email domain: cam.ac.uk
721 University of Cambridge Computing Service,
722 Cambridge, England.
723 Copyright (c) 1997-2012 University of Cambridge
724 All rights reserved.
725
726 PCRE JUST-IN-TIME COMPILATION SUPPORT
727 -------------------------------------
728 Written by: Zoltan Herczeg
729 Email local part: hzmester
730 Emain domain: freemail.hu
731 Copyright(c) 2010-2012 Zoltan Herczeg
732 All rights reserved.
733
734 STACK-LESS JUST-IN-TIME COMPILER
735 --------------------------------
736 Written by: Zoltan Herczeg
737 Email local part: hzmester
738 Emain domain: freemail.hu
739 Copyright(c) 2009-2012 Zoltan Herczeg
740 All rights reserved.
741
742 THE C++ WRAPPER FUNCTIONS
743 -------------------------
744 Contributed by: Google Inc.
745 Copyright (c) 2007-2012, Google Inc.
746 All rights reserved.
747
748 THE "BSD" LICENCE
749 -----------------
750 Redistribution and use in source and binary forms, with or without
751 modification, are permitted provided that the following conditions are met:
752
753 * Redistributions of source code must retain the above copyright notice,
754 this list of conditions and the following disclaimer.
755
756 * Redistributions in binary form must reproduce the above copyright
757 notice, this list of conditions and the following disclaimer in the
758 documentation and/or other materials provided with the distribution.
759
760 * Neither the name of the University of Cambridge nor the name of Google
761 Inc. nor the names of their contributors may be used to endorse or
762 promote products derived from this software without specific prior
763 written permission.
764
765 THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
766 AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
767 IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
768 ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE
769 LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
770 CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
771 SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
772 INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
773 CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
774 ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
775 POSSIBILITY OF SUCH DAMAGE.
776
777 7. Some of the cuBLAS library routines were written by or
778 derived from code written by Vasily Volkov and are subject
779 to the Modified Berkeley Software Distribution License as
780 follows:
781
782 Copyright (c) 2007-2009, Regents of the University of California
783
784 All rights reserved.
785
786 Redistribution and use in source and binary forms, with or without
787 modification, are permitted provided that the following conditions are
788 met:
789 * Redistributions of source code must retain the above copyright
790 notice, this list of conditions and the following disclaimer.
791 * Redistributions in binary form must reproduce the above
792 copyright notice, this list of conditions and the following
793 disclaimer in the documentation and/or other materials provided
794 with the distribution.
795 * Neither the name of the University of California, Berkeley nor
796 the names of its contributors may be used to endorse or promote
797 products derived from this software without specific prior
798 written permission.
799
800 THIS SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS" AND ANY EXPRESS OR
801 IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
802 WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
803 DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT,
804 INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
805 (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
806 SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
807 HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
808 STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
809 IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
810 POSSIBILITY OF SUCH DAMAGE.
811
812 8. Some of the cuBLAS library routines were written by or
813 derived from code written by Davide Barbieri and are
814 subject to the Modified Berkeley Software Distribution
815 License as follows:
816
817 Copyright (c) 2008-2009 Davide Barbieri @ University of Rome Tor Vergata.
818
819 All rights reserved.
820
821 Redistribution and use in source and binary forms, with or without
822 modification, are permitted provided that the following conditions are
823 met:
824 * Redistributions of source code must retain the above copyright
825 notice, this list of conditions and the following disclaimer.
826 * Redistributions in binary form must reproduce the above
827 copyright notice, this list of conditions and the following
828 disclaimer in the documentation and/or other materials provided
829 with the distribution.
830 * The name of the author may not be used to endorse or promote
831 products derived from this software without specific prior
832 written permission.
833
834 THIS SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS" AND ANY EXPRESS OR
835 IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
836 WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
837 DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT,
838 INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
839 (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
840 SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
841 HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
842 STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
843 IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
844 POSSIBILITY OF SUCH DAMAGE.
845
846 9. Some of the cuBLAS library routines were derived from
847 code developed by the University of Tennessee and are
848 subject to the Modified Berkeley Software Distribution
849 License as follows:
850
851 Copyright (c) 2010 The University of Tennessee.
852
853 All rights reserved.
854
855 Redistribution and use in source and binary forms, with or without
856 modification, are permitted provided that the following conditions are
857 met:
858 * Redistributions of source code must retain the above copyright
859 notice, this list of conditions and the following disclaimer.
860 * Redistributions in binary form must reproduce the above
861 copyright notice, this list of conditions and the following
862 disclaimer listed in this license in the documentation and/or
863 other materials provided with the distribution.
864 * Neither the name of the copyright holders nor the names of its
865 contributors may be used to endorse or promote products derived
866 from this software without specific prior written permission.
867
868 THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
869 "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
870 LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
871 A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
872 OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
873 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
874 LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
875 DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
876 THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
877 (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
878 OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
879
880 10. Some of the cuBLAS library routines were written by or
881 derived from code written by Jonathan Hogg and are subject
882 to the Modified Berkeley Software Distribution License as
883 follows:
884
885 Copyright (c) 2012, The Science and Technology Facilities Council (STFC).
886
887 All rights reserved.
888
889 Redistribution and use in source and binary forms, with or without
890 modification, are permitted provided that the following conditions are
891 met:
892 * Redistributions of source code must retain the above copyright
893 notice, this list of conditions and the following disclaimer.
894 * Redistributions in binary form must reproduce the above
895 copyright notice, this list of conditions and the following
896 disclaimer in the documentation and/or other materials provided
897 with the distribution.
898 * Neither the name of the STFC nor the names of its contributors
899 may be used to endorse or promote products derived from this
900 software without specific prior written permission.
901
902 THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
903 "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
904 LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
905 A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE STFC BE
906 LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
907 CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
908 SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
909 BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
910 WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
911 OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN
912 IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
913
914 11. Some of the cuBLAS library routines were written by or
915 derived from code written by Ahmad M. Abdelfattah, David
916 Keyes, and Hatem Ltaief, and are subject to the Apache
917 License, Version 2.0, as follows:
918
919 Copyright 2013 King Abdullah University of Science and Technology-- Ahmad M. Abdelfattah, David Keyes, and Hatem Ltaief
920 Licensed under the Apache License, Version 2.0 (the "License");
921 you may not use this file except in compliance with the License.
922 You may obtain a copy of the License at
923
924 http://www.apache.org/licenses/LICENSE-2.0
925
926 Unless required by applicable law or agreed to in writing, software
927 distributed under the License is distributed on an "AS IS" BASIS,
928 WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
929 See the License for the specific language governing permissions and
930 limitations under the License.
931
932 12. Some of the cuSPARSE library routines were written by or
933 derived from code written by Li-Wen Chang and are subject
934 to the NCSA Open Source License as follows:
935
936 Copyright (c) 2012, University of Illinois.
937
938 All rights reserved.
939
940 Developed by: IMPACT Group, University of Illinois, http://impact.crhc.illinois.edu
941
942 Permission is hereby granted, free of charge, to any person obtaining
943 a copy of this software and associated documentation files (the
944 "Software"), to deal with the Software without restriction, including
945 without limitation the rights to use, copy, modify, merge, publish,
946 distribute, sublicense, and/or sell copies of the Software, and to
947 permit persons to whom the Software is furnished to do so, subject to
948 the following conditions:
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 disclaimers in the documentation and/or other materials provided
954 with the distribution.
955 * Neither the names of IMPACT Group, University of Illinois, nor
956 the names of its contributors may be used to endorse or promote
957 products derived from this Software without specific prior
958 written permission.
959
960 THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
961 EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
962 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
963 NONINFRINGEMENT. IN NO EVENT SHALL THE CONTRIBUTORS OR COPYRIGHT
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965 IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR
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967 SOFTWARE.
968
969 13. Some of the cuRAND library routines were written by or
970 derived from code written by Mutsuo Saito and Makoto
971 Matsumoto and are subject to the following license:
972
973 Copyright (c) 2009, 2010 Mutsuo Saito, Makoto Matsumoto and Hiroshima
974 University. All rights reserved.
975
976 Copyright (c) 2011 Mutsuo Saito, Makoto Matsumoto, Hiroshima
977 University and University of Tokyo. All rights reserved.
978
979 Redistribution and use in source and binary forms, with or without
980 modification, are permitted provided that the following conditions are
981 met:
982 * Redistributions of source code must retain the above copyright
983 notice, this list of conditions and the following disclaimer.
984 * Redistributions in binary form must reproduce the above
985 copyright notice, this list of conditions and the following
986 disclaimer in the documentation and/or other materials provided
987 with the distribution.
988 * Neither the name of the Hiroshima University nor the names of
989 its contributors may be used to endorse or promote products
990 derived from this software without specific prior written
991 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
995 LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
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 14. Some of the cuRAND library routines were derived from
1006 code developed by D. E. Shaw Research and are subject to
1007 the following license:
1008
1009 Copyright 2010-2011, D. E. Shaw Research.
1010
1011 All rights reserved.
1012
1013 Redistribution and use in source and binary forms, with or without
1014 modification, are permitted provided that the following conditions are
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1016 * Redistributions of source code must retain the above copyright
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1018 * Redistributions in binary form must reproduce the above
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1020 disclaimer in the documentation and/or other materials provided
1021 with the distribution.
1022 * Neither the name of D. E. Shaw Research nor the names of its
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1024 from this software without specific prior written permission.
1025
1026 THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
1027 "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
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1031 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
1032 LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
1033 DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
1034 THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
1035 (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
1036 OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
1037
1038
1039 2. NVIDIA Corporation CUDA Samples End User License Agreement
1040 -------------------------------------------------------------
1041
1042 BY DOWNLOADING THE SOFTWARE AND OTHER AVAILABLE MATERIALS, YOU
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1062 2.1. License
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1102 2.1.3. Art Assets
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1123 2.1.5. Intellectual Property Ownership
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1136 2.2. Term of Agreement
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1149 2.3. Defensive Suspension
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1164 2.5. No Warranty
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1173 2.6. Limitation of Liability
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1189 2.7. Applicable Law
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1196
1197 2.8. Feedback
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1199 Notwithstanding any Non-Disclosure Agreement executed by and
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1206
1207 2.8.1. Exchange of Feedback
1208
1209 Both parties agree that neither party has an obligation to
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1230
1231 2.8.2. Residual Rights
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1251
1252 2.8.3. Disclaimer of Warranty
1253
1254 FEEDBACK FROM EITHER PARTY IS PROVIDED FOR THE OTHER PARTY'S
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1264 2.8.4. No Liability for Consequential Damages
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1276 2.9. Freedom of Action
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1293 2.10. Restricted Rights Notice
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1307 2.11. Miscellaneous
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1324
1325 3. NVIDIA Driver License for Customer Use of NVIDIA Software
1326 on Windows
1327 ------------------------------------------------------------
1328
1329
1330 IMPORTANT NOTICE -- READ CAREFULLY:
1331 -----------------------------------
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1333 This License For Customer Use of NVIDIA Software ("LICENSE")
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1359 3.1. Definitions
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1362 3.1.1. Customer
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1364 Customer means the entity or individual that downloads the
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1368 3.2. Grant of License
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1371 3.2.1. Rights and Limitations of Grant
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1378 3.2.1.1. Rights
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1389 3.2.1.2. Linux/FreeBSD Exception
1390
1391 Notwithstanding the foregoing terms of Section 3.2.1.1,
1392 SOFTWARE designed exclusively for use on the Linux or FreeBSD
1393 operating systems, or other operating systems derived from the
1394 source code to these operating systems, may be copied and
1395 redistributed, provided that the binary files thereof are not
1396 modified in any way (except for unzipping of compressed
1397 files).
1398
1399
1400 3.2.1.3. Limitations
1401
1402 No Reverse Engineering
1403
1404 Customer may not reverse engineer, decompile, or disassemble
1405 the SOFTWARE, nor attempt in any other manner to obtain the
1406 source code.
1407
1408 No Separation of Components
1409
1410 The SOFTWARE is licensed as a single product. Its component
1411 parts may not be separated for use on more than one computer,
1412 nor otherwise used separately from the other parts.
1413
1414 No Rental
1415
1416 Customer may not rent or lease the SOFTWARE to someone else.
1417
1418
1419 3.3. Termination
1420
1421 This LICENSE will automatically terminate if Customer fails to
1422 comply with any of the terms and conditions hereof. In such
1423 event, Customer must destroy all copies of the SOFTWARE and
1424 all of its component parts.
1425
1426 Defensive Suspension. If Customer commences or participates in
1427 any legal proceeding against NVIDIA, then NVIDIA may, in its
1428 sole discretion, suspend or terminate all license grants and
1429 any other rights provided under this LICENSE during the
1430 pendency of such legal proceedings.
1431
1432
1433 3.4. Copyright
1434
1435 All title and copyrights in and to the SOFTWARE (including but
1436 not limited to all images, photographs, animations, video,
1437 audio, music, text, and other information incorporated into
1438 the SOFTWARE), the accompanying printed materials, and any
1439 copies of the SOFTWARE, are owned by NVIDIA, or its suppliers.
1440 The SOFTWARE is protected by copyright laws and international
1441 treaty provisions. Accordingly, Customer is required to treat
1442 the SOFTWARE like any other copyrighted material, except as
1443 otherwise allowed pursuant to this LICENSE and that it may
1444 make one copy of the SOFTWARE solely for backup or archive
1445 purposes.
1446
1447
1448 3.5. Applicable Law
1449
1450 This LICENSE shall be deemed to have been made in, and shall
1451 be construed pursuant to, the laws of the State of Delaware.
1452 The United Nations Convention on Contracts for the
1453 International Sale of Goods is specifically disclaimed.
1454
1455
1456 3.6. Disclaimer of Warranties and Limitations on Liability
1457
1458
1459 3.6.1. No Warranties
1460
1461 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
1462 SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS
1463 DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER
1464 EXPRESS, IMPLIED, OR STATUTORY, RELATING TO OR ARISING FROM
1465 THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, IMPLIED
1466 WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
1467 PURPOSE, TITLE, AND NON-INFRINGEMENT. Without limiting the
1468 foregoing, you are solely responsible for determining and
1469 verifying that the SOFTWARE that you obtain and install is the
1470 appropriate version for your model of graphics controller
1471 board, operating system, and computer hardware.
1472
1473
1474 3.6.2. No Liability for Consequential Damages
1475
1476 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
1477 SHALL EITHER PARTY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
1478 INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
1479 (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
1480 PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
1481 OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
1482 INABILITY TO USE THE FEEDBACK, EVEN IF THE OTHER PARTY HAS
1483 BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
1484
1485
1486 3.7. System Updates (for the Windows platform only)
1487
1488 Customer hereby agrees and acknowledges that the SOFTWARE may
1489 access, collect non-personally identifiable information about,
1490 update, and configure Customer's system in order to properly
1491 optimize such system for use with the SOFTWARE. To the extent
1492 that Customer uses the SOFTWARE, Customer hereby consents to
1493 all of the foregoing, and represent and warrant that Customer
1494 has the right to grant such consent. In addition, Customer
1495 agrees that Customer is solely responsible for maintaining
1496 appropriate data backups and system restore points for
1497 Customer's system, and that NVIDIA will have no responsibility
1498 for any damage or loss to such system (including loss of data
1499 or access) arising from or relating to (a) any changes to the
1500 configuration, application settings, environment variables,
1501 registry, drivers, BIOS, or other attributes of the system (or
1502 any part of such system) initiated through the SOFTWARE; or
1503 (b) installation of any SOFTWARE or third party software
1504 patches through the NVIDIA Update Service. The SOFTWARE may
1505 contain links to websites and services. We encourage you to
1506 review the privacy statements on those sites and services that
1507 you choose to visit so that you can understand how they may
1508 collect, use and share your personal information. NVIDIA is
1509 not responsible for the privacy statements or practices of
1510 sites and services controlled by other companies or
1511 organizations.
1512
1513 Registration and Customer Information. Customer represents and
1514 warrants that the non-personally identifiable information that
1515 Customer has furnished in connection with its registration for
1516 the SOFTWARE is complete and accurate. Customer also
1517 acknowledges that from time to time, NVIDIA may collect, use,
1518 and disclose such information about Customer and/or Customer's
1519 system in connection with the SOFTWARE in accordance with
1520 NVIDIA's privacy policy, available at URL
1521 http://www.nvidia.com/object/privacy_policy.html. If Customer
1522 does not wish the SOFTWARE to provide system updates as
1523 described in this Section 3.7, uncheck "Automatically check
1524 for updates" in the "Preferences" tab of the applicable NVIDIA
1525 Update control panel for the SOFTWARE.
1526
1527
1528 3.8. Miscellaneous
1529
1530 If any provision of this LICENSE is inconsistent with, or
1531 cannot be fully enforced under, the law, such provision will
1532 be construed as limited to the extent necessary to be
1533 consistent with and fully enforceable under the law. This
1534 LICENSE is the final, complete and exclusive agreement between
1535 the parties relating to the subject matter hereof, and
1536 supersedes all prior or contemporaneous understandings and
1537 agreements relating to such subject matter, whether oral or
1538 written. This LICENSE may only be modified in writing signed
1539 by an authorized officer of NVIDIA. Customer agrees that it
1540 will not ship, transfer or export the SOFTWARE into any
1541 country, or use the SOFTWARE in any manner, prohibited by the
1542 United States Bureau of Industry and Security or any export
1543 laws, restrictions or regulations.
1544
1545
1546 4. NVIDIA Driver License for Customer Use of NVIDIA Software
1547 on Linux and Mac OSX
1548 ------------------------------------------------------------
1549
1550
1551 IMPORTANT NOTICE -- READ CAREFULLY:
1552 -----------------------------------
1553
1554 This License For Customer Use of NVIDIA Software ("LICENSE")
1555 is the agreement which governs use of the software of NVIDIA
1556 Corporation and its subsidiaries ("NVIDIA") downloadable
1557 herefrom, including computer software and associated printed
1558 materials ("SOFTWARE"). By downloading, installing, copying,
1559 or otherwise using the SOFTWARE, you agree to be bound by the
1560 terms of this LICENSE. If you do not agree to the terms of
1561 this LICENSE, do not download the SOFTWARE.
1562
1563
1564 RECITALS:
1565 ---------
1566
1567 Use of NVIDIA's products requires three elements: the
1568 SOFTWARE, the hardware on a graphics controller board, and a
1569 personal computer. The SOFTWARE is protected by copyright laws
1570 and international copyright treaties, as well as other
1571 intellectual property laws and treaties. The SOFTWARE is not
1572 sold, and instead is only licensed for use, strictly in
1573 accordance with this document. The hardware is protected by
1574 various patents, and is sold, but this agreement does not
1575 cover that sale, since it may not necessarily be sold as a
1576 package with the SOFTWARE. This agreement sets forth the terms
1577 and conditions of the SOFTWARE LICENSE only.
1578
1579
1580 4.1. DEFINITIONS
1581
1582
1583 4.1.1. Customer
1584
1585 Customer means the entity or individual that downloads the
1586 SOFTWARE.
1587
1588
1589 4.2. GRANT OF LICENSE
1590
1591
1592 4.2.1. Rights and Limitations of Grant
1593
1594 NVIDIA hereby grants Customer the following non-exclusive,
1595 non-transferable right to use the SOFTWARE, with the following
1596 limitations:
1597
1598
1599 4.2.1.1. Rights
1600
1601 Customer may install and use multiple copies of the SOFTWARE
1602 on a shared computer or concurrently on different computers,
1603 and make multiple back-up copies of the SOFTWARE, solely for
1604 Customer's use within Customer's Enterprise. "Enterprise"
1605 shall mean individual use by Customer or any legal entity
1606 (such as a corporation or university) and the subsidiaries it
1607 owns by more than fifty percent (50%).
1608
1609
1610 4.2.1.2. Linux/FreeBSD Exception
1611
1612 Notwithstanding the foregoing terms of Section 4.2.1.1,
1613 SOFTWARE designed exclusively for use on the Linux or FreeBSD
1614 operating systems, or other operating systems derived from the
1615 source code to these operating systems, may be copied and
1616 redistributed, provided that the binary files thereof are not
1617 modified in any way (except for unzipping of compressed
1618 files).
1619
1620
1621 4.2.1.3. Limitations
1622
1623 No Reverse Engineering
1624
1625 Customer may not reverse engineer, decompile, or disassemble
1626 the SOFTWARE, nor attempt in any other manner to obtain the
1627 source code.
1628
1629 No Separation of Components
1630
1631 The SOFTWARE is licensed as a single product. Its component
1632 parts may not be separated for use on more than one computer,
1633 nor otherwise used separately from the other parts.
1634
1635 No Rental
1636
1637 Customer may not rent or lease the SOFTWARE to someone else.
1638
1639
1640 4.3. TERMINATION
1641
1642 This LICENSE will automatically terminate if Customer fails to
1643 comply with any of the terms and conditions hereof. In such
1644 event, Customer must destroy all copies of the SOFTWARE and
1645 all of its component parts.
1646
1647 Defensive Suspension. If Customer commences or participates in
1648 any legal proceeding against NVIDIA, then NVIDIA may, in its
1649 sole discretion, suspend or terminate all license grants and
1650 any other rights provided under this LICENSE during the
1651 pendency of such legal proceedings.
1652
1653
1654 4.4. COPYRIGHT
1655
1656 All title and copyrights in and to the SOFTWARE (including but
1657 not limited to all images, photographs, animations, video,
1658 audio, music, text, and other information incorporated into
1659 the SOFTWARE), the accompanying printed materials, and any
1660 copies of the SOFTWARE, are owned by NVIDIA, or its suppliers.
1661 The SOFTWARE is protected by copyright laws and international
1662 treaty provisions. Accordingly, Customer is required to treat
1663 the SOFTWARE like any other copyrighted material, except as
1664 otherwise allowed pursuant to this LICENSE and that it may
1665 make one copy of the SOFTWARE solely for backup or archive
1666 purposes.
1667
1668
1669 4.5. APPLICABLE LAW
1670
1671 This agreement shall be deemed to have been made in, and shall
1672 be construed pursuant to, the laws of the State of California.
1673
1674
1675 4.6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
1676
1677
1678 4.6.1. No Warranties
1679
1680 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
1681 SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS
1682 DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING,
1683 BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
1684 FITNESS FOR A PARTICULAR PURPOSE.
1685
1686
1687 4.6.2. No Liability for Consequential Damages
1688
1689 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
1690 SHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
1691 INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
1692 (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
1693 PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
1694 OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
1695 INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED
1696 OF THE POSSIBILITY OF SUCH DAMAGES.
1697
1698
1699 4.7. MISCELLANEOUS
1700
1701 The United Nations Convention on Contracts for the
1702 International Sale of Goods is specifically disclaimed. If any
1703 provision of this LICENSE is inconsistent with, or cannot be
1704 fully enforced under, the law, such provision will be
1705 construed as limited to the extent necessary to be consistent
1706 with and fully enforceable under the law. This agreement is
1707 the final, complete and exclusive agreement between the
1708 parties relating to the subject matter hereof, and supersedes
1709 all prior or contemporaneous understandings and agreements
1710 relating to such subject matter, whether oral or written.
1711 Customer agrees that it will not ship, transfer or export the
1712 SOFTWARE into any country, or use the SOFTWARE in any manner,
1713 prohibited by the United States Bureau of Export
1714 Administration or any export laws, restrictions or
1715 regulations. This LICENSE may only be modified in writing
1716 signed by an authorized officer of NVIDIA.
1717
1718
1719 5. NVIDIA Nsight Development Platform, Visual Studio Edition
1720 Software License Agreement (Windows only)
1721 ------------------------------------------------------------
1722
1723
1724 IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING
1725 ----------------------------------------------------
1726
1727 Do not use or load this software and any associated materials
1728 provided by NVIDIA on its extranet (collectively the
1729 "Software") until You have carefully read the following terms
1730 and conditions. By loading or using the Software, You agree to
1731 fully comply with the terms and conditions of this Software
1732 License Agreement ("Agreement") by and between NVIDIA
1733 Corporation, a Delaware corporation with its principal place
1734 of business at 2701 San Tomas Expressway, Santa Clara,
1735 California 95050 U.S.A. ("NVIDIA"), and You. If You do not
1736 wish to so agree, do not install or use the Software.
1737
1738 For the purposes of this Agreement:
1739
1740 "Licensee," "You" and/or "Your" shall mean, collectively and
1741 individually, Original Equipment Manufacturers, Independent
1742 Hardware Vendors, Independent Software Vendors, and End-Users
1743 of the Software pursuant to the terms and conditions of this
1744 Agreement.
1745
1746 "Intellectual Property Rights" shall mean all proprietary
1747 rights, including all patents, trademarks, copyrights,
1748 know-how, trade secrets, mask works, including all
1749 applications and registrations thereto, and any other similar
1750 protected rights in any country.
1751
1752
1753 5.1. Grant of License
1754
1755 NVIDIA agrees to provide the Software and any associated
1756 materials pursuant to this Agreement. Subject to the terms of
1757 this Agreement, NVIDIA grants to You a nonexclusive,
1758 transferable, worldwide, revocable, limited, royalty-free,
1759 fully paid-up license under NVIDIA's copyrights to install,
1760 deploy, use, have used execute, reproduce, display, perform,
1761 run, the object code of the Software, to create Your products
1762 to interoperate with NVIDIA hardware and software.
1763
1764 Unless otherwise authorized in the Agreement, You shall not
1765 otherwise assign, sublicense, lease, or in any other way
1766 transfer or disclose Software to any third party. Unless
1767 otherwise authorized in the Agreement, You shall not reverse-
1768 compile, disassemble, reverse-engineer, or in any manner
1769 attempt to derive the source code of the Software from the
1770 object code portions of the Software.
1771
1772 Except as expressly stated in this Agreement, no license or
1773 right is granted to You directly or by implication,
1774 inducement, estoppels or otherwise. NVIDIA shall have the
1775 right to inspect or have an independent auditor inspect Your
1776 relevant records to verify Your compliance with the terms and
1777 conditions of this Agreement.
1778
1779
1780 5.2. Confidentiality
1781
1782 If applicable, any exchange of Confidential Information (as
1783 defined in the NDA) shall be made pursuant to the terms and
1784 conditions of a separately signed Non-Disclosure Agreement
1785 ("NDA") by and between NVIDIA and You. For the sake of
1786 clarity, You agree that (a) the Software; and (b) Your use of
1787 the Software/participation in the Software's pre-production
1788 release is considered Confidential Information of NVIDIA.
1789
1790 If You wish to have a third party consultant or subcontractor
1791 ("Contractor") perform work on Your behalf which involves
1792 access to or use of Software, You shall obtain a written
1793 confidentiality agreement from the Contractor which contains
1794 terms and obligations with respect to access to or use of
1795 Software no less restrictive than those set forth in this
1796 Agreement and excluding any distribution or sublicense rights,
1797 and use for any other purpose than permitted in this
1798 Agreement. Otherwise, You shall not disclose the terms or
1799 existence of this Agreement or use NVIDIA's name in any
1800 publications, advertisements, or other announcements without
1801 NVIDIA's prior written consent. Unless otherwise provided in
1802 this Agreement, You do not have any rights to use any NVIDIA
1803 trademarks or logos.
1804
1805
1806 5.3. Ownership of Software and Intellectual Property Rights
1807
1808 All rights, title and interest to all copies of the Software
1809 remain with NVIDIA, subsidiaries, licensors, or its suppliers.
1810 The Software is copyrighted and protected by the laws of the
1811 United States and other countries, and international treaty
1812 provisions. You may not remove any copyright notices from the
1813 Software. NVIDIA may make changes to the Software, or to items
1814 referenced therein, at any time and without notice, but is not
1815 obligated to support or update the Software. Except as
1816 otherwise expressly provided, NVIDIA grants no express or
1817 implied right under any NVIDIA patents, copyrights,
1818 trademarks, or other intellectual property rights.
1819
1820 You have no obligation to give NVIDIA any suggestions,
1821 comments or other feedback ("Feedback") relating to the
1822 Software. However, NVIDIA may use and include any Feedback
1823 that You voluntarily provide to improve the Software or other
1824 related NVIDIA technologies. Accordingly, if You provide
1825 Feedback, You agree NVIDIA and its licensees may freely use,
1826 reproduce, license, distribute, and otherwise commercialize
1827 the Feedback in the Software or other related technologies
1828 without the payment of any royalties or fees. You also agree
1829 that the Software may collect application specific session
1830 data and target device information that shall be sent to
1831 NVIDIA, solely for use by NVIDIA in improving the Software.
1832
1833
1834 5.4. No Warranties
1835
1836 THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR
1837 IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF
1838 MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR
1839 PURPOSE. NVIDIA does not warrant or assume responsibility for
1840 the accuracy or completeness of any information, text,
1841 graphics, links or other items contained within the Software.
1842 NVIDIA does not represent that errors or other defects will be
1843 identified or corrected.
1844
1845
1846 5.5. Limitation of Liability
1847
1848 EXCEPT WITH RESPECT TO THE MISUSE OF THE OTHER PARTY'S
1849 INTELLECTUAL PROPERTY OR DISCLOSURE OF THE OTHER PARTY'S
1850 CONFIDENTIAL INFORMATION IN BREACH OF THIS AGREEMENT, IN NO
1851 EVENT SHALL NVIDIA, SUBSIDIARIES, LICENSORS, OR ITS SUPPLIERS
1852 BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
1853 LIMITATION, INDIRECT, LOST PROFITS, CONSEQUENTIAL, BUSINESS
1854 INTERRUPTION OR LOST INFORMATION) ARISING OUT OF THE USE OF OR
1855 INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED
1856 OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
1857 PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED
1858 WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE
1859 ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER
1860 LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
1861 NOTWITHSTANDING THE FOREGOING, NVIDIA'S AGGREGATE LIABILITY
1862 ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED
1863 UNITED STATES DOLLARS (USD$100).
1864
1865
1866 5.6. Term
1867
1868 This Agreement and the licenses granted hereunder shall be
1869 effective as of the date You install/download the Software
1870 ("Effective Date") and continue perpetually, unless terminated
1871 earlier in accordance with the "Termination" provision of this
1872 Agreement.
1873
1874
1875 5.7. Termination
1876
1877 NVIDIA may terminate this Agreement at any time if You violate
1878 its terms. Upon termination, You will immediately destroy the
1879 Software or return all copies of the Software to NVIDIA, and
1880 certify to NVIDIA in writing that such actions have been
1881 completed.
1882
1883
1884 5.8. Miscellaneous
1885
1886
1887 5.8.1. Survival
1888
1889 Those provisions in this Agreement, which by their nature need
1890 to survive the termination or expiration of this Agreement,
1891 shall survive termination or expiration of the Agreement,
1892 including but not limited to Section 5.2, Section 5.3,
1893 Section 5.4, Section 5.5, Section 5.7, and Section 5.8.
1894
1895
1896 5.8.2. Applicable Laws
1897
1898 Claims arising under this Agreement shall be governed by the
1899 laws of Delaware, excluding its principles of conflict of laws
1900 and the United Nations Convention on Contracts for the Sale of
1901 Goods. The state and/or federal courts residing in Santa Clara
1902 County, California shall have exclusive jurisdiction over any
1903 dispute or claim arising out of this Agreement. You may not
1904 export the Software in violation of applicable export laws and
1905 regulations.
1906
1907
1908 5.8.3. Amendment
1909
1910 The Agreement shall not be modified except by a written
1911 agreement that names this Agreement and any provision to be
1912 modified, is dated subsequent to the Effective Date, and is
1913 signed by duly authorized representatives of both parties.
1914
1915
1916 5.8.4. No Waiver
1917
1918 No failure or delay on the part of either party in the
1919 exercise of any right, power or remedy under this Agreement or
1920 under law, or to insist upon or enforce performance by the
1921 other party of any of the provisions of this Agreement or
1922 under law, shall operate as a waiver thereof, nor shall any
1923 single or partial exercise of any right, power or remedy
1924 preclude other or further exercise thereof, or the exercise of
1925 any other right, power or remedy; rather the provision, right,
1926 or remedy shall be and remain in full force and effect.
1927
1928
1929 5.8.5. No Assignment
1930
1931 This Agreement and Licensee's rights and obligations herein,
1932 may not be assigned, subcontracted, delegated, or otherwise
1933 transferred by Licensee without NVIDIA's prior written
1934 consent, and any attempted assignment, subcontract,
1935 delegation, or transfer in violation of the foregoing will be
1936 null and void. The terms of this Agreement shall be binding
1937 upon Licensee's assignees.
1938
1939
1940 5.8.6. Government Restricted Rights
1941
1942 The parties acknowledge that the Software is subject to U.S.
1943 export control laws and regulations. The parties agree to
1944 comply with all applicable international and national laws
1945 that apply to the Software, including the U.S. Export
1946 Administration Regulations, as well as end-user, end-use and
1947 destination restrictions issued by U.S. and other governments.
1948
1949 The Software has been developed entirely at private expense
1950 and is commercial computer software provided with RESTRICTED
1951 RIGHTS. Use, duplication or disclosure of the Software by the
1952 U.S. Government or a U.S. Government subcontractor is subject
1953 to the restrictions set forth in the Agreement under which the
1954 Software was obtained pursuant to DFARS 227.7202-3(a) or as
1955 set forth in subparagraphs (c)(1) and (2) of the Commercial
1956 Computer Software - Restricted Rights clause at FAR 52.227-19,
1957 as applicable. Contractor/manufacturer is NVIDIA, 2701 San
1958 Tomas Expressway, Santa Clara, CA 95050. Use of the Software
1959 by the Government constitutes acknowledgment of NVIDIA's
1960 proprietary rights therein.
1961
1962
1963 5.8.7. Independent Contractors
1964
1965 Licensee's relationship to NVIDIA is that of an independent
1966 contractor, and neither party is an agent or partner of the
1967 other. Licensee will not have, and will not represent to any
1968 third party that it has, any authority to act on behalf of
1969 NVIDIA.
1970
1971
1972 5.8.8. Severability
1973
1974 If for any reason a court of competent jurisdiction finds any
1975 provision of this Agreement, or portion thereof, to be
1976 unenforceable, that provision of the Agreement will be
1977 enforced to the maximum extent permissible so as to affect the
1978 intent of the parties, and the remainder of this Agreement
1979 will continue in full force and effect. This Agreement has
1980 been negotiated by the parties and their respective counsel
1981 and will be interpreted fairly in accordance with its terms
1982 and without any strict construction in favor of or against
1983 either party.
1984
1985
1986 5.8.9. Entire Agreement
1987
1988 This Agreement and NDA constitute the entire agreement between
1989 the parties with respect to the subject matter contemplated
1990 herein, and merges all prior and contemporaneous
1991 communications.
1992
1993 MICROSOFT SOFTWARE LICENSE TERMS
1994 MICROSOFT DIRECTX END USER RUNTIME
1995
1996 These license terms are an agreement between Microsoft Corporation (or based on
1997 where you live, one of its affiliates) and you. Please read them. They apply
1998 to the software named above, which includes the media on which you received it,
1999 if any. The terms also apply to any Microsoft
2000
2001 * updates,
2002 * supplements,
2003 * Internet-based services, and
2004 * support services
2005
2006 for this software, unless other terms accompany those items. If so, those
2007 terms apply.
2008
2009 BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO
2010 NOT USE THE SOFTWARE.
2011
2012 If you comply with these license terms, you have the rights below.
2013
2014 1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies
2015 of the software on your devices.
2016
2017 2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only
2018 gives you some rights to use the software. Microsoft reserves all other
2019 rights. Unless applicable law gives you more rights despite this limitation,
2020 you may use the software only as expressly permitted in this agreement. In
2021 doing so, you must comply with any technical limitations in the software that
2022 only allow you to use it in certain ways. You may not
2023
2024 * work around any technical limitations in the software;
2025 * reverse engineer, decompile or disassemble the software, except and only to
2026 the extent that applicable law expressly permits, despite this limitation;
2027 * make more copies of the software than specified in this agreement or allowed
2028 by applicable law, despite this limitation;
2029 * publish the software for others to copy;
2030 * rent, lease or lend the software;
2031 * transfer the software or this agreement to any third party; or
2032 * use the software for commercial software hosting services.
2033
2034 3. BACKUP COPY. You may make one backup copy of the software. You may use it
2035 only to reinstall the software.
2036
2037 4. DOCUMENTATION. Any person that has valid access to your computer or
2038 internal network may copy and use the documentation for your internal,
2039 reference purposes.
2040
2041 5. EXPORT RESTRICTIONS. The software is subject to United States export laws
2042 and regulations. You must comply with all domestic and international export
2043 laws and regulations that apply to the software. These laws include
2044 restrictions on destinations, end users and end use. For additional
2045 information, see www.microsoft.com/exporting.
2046
2047 6. SUPPORT SERVICES. Because this software is "as is," we may not provide
2048 support services for it.
2049
2050 7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates,
2051 Internet-based services and support services that you use, are the entire
2052 agreement for the software and support services.
2053
2054 8. APPLICABLE LAW.
2055
2056 a. United States. If you acquired the software in the United States,
2057 Washington state law governs the interpretation of this agreement and applies
2058 to claims for breach of it, regardless of conflict of laws principles. The
2059 laws of the state where you live govern all other claims, including claims
2060 under state consumer protection laws, unfair competition laws, and in tort.
2061
2062 b. Outside the United States. If you acquired the software in any other
2063 country, the laws of that country apply.
2064
2065 9. LEGAL EFFECT. This agreement describes certain legal rights. You may have
2066 other rights under the laws of your country. You may also have rights with
2067 respect to the party from whom you acquired the software. This agreement does
2068 not change your rights under the laws of your country if the laws of your
2069 country do not permit it to do so.
2070
2071 10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE
2072 RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR
2073 CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS
2074 WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL
2075 LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
2076 A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2077
2078 11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM
2079 MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT
2080 RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL,
2081 INDIRECT OR INCIDENTAL DAMAGES.
2082
2083 This limitation applies to
2084
2085 * anything related to the software, services, content (including code) on third
2086 party Internet sites, or third party programs; and
2087 * claims for breach of contract, breach of warranty, guarantee or condition,
2088 strict liability, negligence, or other tort to the extent permitted by
2089 applicable law.
2090
2091 It also applies even if Microsoft knew or should have known about the
2092 possibility of the damages. The above limitation or exclusion may not apply to
2093 you because your country may not allow the exclusion or limitation of
2094 incidental, consequential or other damages.
2095
2096 The Software contains components, as listed below that are
2097 licensed to Licensee pursuant to the terms and conditions of
2098 their respective End User License Agreements:
2099
2100 * NVIDIA CUDA Samples
2101
2102 * NVIDIA CUDA Toolkit
2103
2104 * NVIDIA DirectX SDK
2105
2106 More information, including licensing information, about the
2107 NVIDIA CUDA Toolkit and the NVIDIA CUDA Samples can be found
2108 at: http://www.nvidia.com/getcuda
2109
2110 More information, including licensing information, about the
2111 NVIDIA DirectX SDK can be found at:
2112 http://developer.nvidia.com/object/sdk_home.html
2113
2114
2115 6. NVIDIA CUDA General Terms
2116 ----------------------------
2117
2118 The Software, on the Windows platform, may collect
2119 non-personally identifiable information for the purposes of
2120 customizing information delivered to you and improving future
2121 versions of the Software. Such information, including IP
2122 address and system configuration, will only be collected on an
2123 anonymous basis and cannot be linked to any personally
2124 identifiable information. Personally identifiable information
2125 such as your username or hostname is not collected.
2126
2127 -------------------------------------------------------------

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