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Fix various licenses, encoding should be UTF-8, bug 389395.

1 License Agreement for NVIDIA Performance Primitives Library
2
3 IMPORTANT NOTICE -- READ CAREFULLY: This License Agreement ("License") for
4 NVIDIA Performance Primitives Library, including computer software and
5 associated documentation (“Software”), is the LICENSE which governs use of the
6 SOFTWARE of NVIDIA Corporation and its subsidiaries ("NVIDIA") downloadable
7 herefrom. By downloading, installing, copying, or otherwise using the SOFTWARE,
8 You (as defined below) agree to be bound by the terms of this LICENSE. If You
9 do not agree to the terms of this LICENSE, do not download the SOFTWARE.
10
11
12 RECITALS
13
14 Use of NVIDIA's products requires three elements: the SOFTWARE, the NVIDIA GPU,
15 and a computer system. The SOFTWARE is protected by copyright laws and
16 international copyright treaties, as well as other intellectual property laws
17 and treaties. The SOFTWARE is not sold, and instead is only licensed for Your
18 use, strictly in accordance with this document. The hardware is protected by
19 various patents, and is sold, but this LICENSE does not cover that sale, since
20 it may not necessarily be sold as a package with the SOFTWARE. This LICENSE
21 sets forth the terms and conditions of the SOFTWARE LICENSE only.
22
23
24 1. DEFINITIONS
25
26 1.1 Licensee. “Licensee,” “You,” or “Your” shall mean the entity or individual
27 that downloads and uses the SOFTWARE.
28
29 2. GRANT OF LICENSE
30
31 2.1 Rights and Limitations of Grant. NVIDIA hereby grants Licensee the
32 following non-exclusive, non-transferable, non-sublicensable (except as stated
33 otherwise below) right to use the SOFTWARE, with the following limitations:
34
35 2.1.1 Usage Rights. Licensee may install and use multiple copies of the
36 SOFTWARE on a shared computer or concurrently on different computers, and make
37 multiple back-up copies of the SOFTWARE, solely for Licensee’s use within
38 Licensee’s Enterprise. “Enterprise” shall mean individual use by Licensee or
39 any legal entity (such as a corporation or university) and the subsidiaries it
40 owns by more than 50 percent.
41
42 2.1.2 Source Code Rights: Developer shall have the right to modify and create
43 derivative works with the sample source code (“Source Code”) provided in
44 connection with the Software. Developer shall own any derivative works (
45 "Derivatives") it creates to the Source Code, provided that Developer uses the
46 Source Code and derivative works thereof in accordance with the terms and
47 conditions of this Agreement. Developer may distribute their derivative works
48 of the Source Code, provided that all NVIDIA copyright notices and trademarks
49 are used properly and such derivative works include the following statement:
50 "This software contains source code provided by NVIDIA Corporation."
51
52 2.1.3 Object Code: Developer agrees not to disassemble, decompile or reverse
53 engineer the Object Code versions of any of the Software. Developer
54 acknowledges that certain of the Software provided in Object Code version may
55 contain third party components that may be subject to restrictions, and
56 expressly agrees not to attempt to modify or distribute such Software without
57 first receiving consent from NVIDIA.
58
59 2.1.4 Redistribution Rights. Licensee may, transfer, redistribute and
60 sublicense certain files of the SOFTWARE, as referenced in Attachment A of this
61 Agreement; provided, however Licensee shall only install such files into a
62 private (non-shared) directory location that is used only by Licensee’s
63 product.
64
65 2.1.5 Linux/FreeBSD Exception. Notwithstanding the foregoing terms of Section
66 2.1.1, SOFTWARE designed exclusively for use on the Linux or FreeBSD operating
67 systems, or other operating systems derived from the source code to these
68 operating systems, may be copied and redistributed, provided that the binary
69 files thereof are not modified in any way (except for unzipping of compressed
70 files).
71
72 2.1.6 Limitations.
73 No Reverse Engineering. Licensee may not reverse engineer, decompile, or
74 disassemble the SOFTWARE, nor attempt in any other manner to obtain the source
75 code.
76
77 No Separation of Components. The SOFTWARE is licensed as a single product.
78 Except as authorized in this Agreement, Software component parts of the
79 Software may not be separated for use on more than one computer, nor otherwise
80 used separately from the other parts.
81
82 No Rental. Licensee may not rent or lease the SOFTWARE to someone else.
83
84 3. TERMINATION
85
86 This LICENSE will automatically terminate if Licensee fails to comply with any
87 of the terms and conditions hereof. In such event, Licensee must destroy all
88 copies of the SOFTWARE and all of its component parts.
89
90 Defensive Suspension. If Licensee commences or participates in any legal
91 proceeding against NVIDIA, then NVIDIA may, in its sole discretion, suspend or
92 terminate all license grants and any other rights provided under this LICENSE
93 during the pendency of such legal proceedings.
94
95 4. COPYRIGHT
96
97 All rights, title, interest and copyrights in and to the SOFTWARE (including
98 but not limited to all images, photographs, animations, video, audio, music,
99 text, and other information incorporated into the SOFTWARE), the accompanying
100 printed materials, and any copies of the SOFTWARE, are owned by NVIDIA, or its
101 suppliers. The SOFTWARE is protected by copyright laws and international treaty
102 provisions. Accordingly, Licensee is required to treat the SOFTWARE like any
103 other copyrighted material, except as otherwise allowed pursuant to this
104 LICENSE and that it may make one copy of the SOFTWARE solely for backup or
105 archive purposes.
106
107 RESTRICTED RIGHTS NOTICE. Software has been developed entirely at private
108 expense and is commercial computer software provided with RESTRICTED RIGHTS.
109 Use, duplication or disclosure by the U.S. Government or a U.S. Government
110 subcontractor is subject to the restrictions set forth in the license agreement
111 under which Software was obtained pursuant to DFARS 227.7202-3(a) or as set
112 forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software -
113 Restricted Rights clause at FAR 52.227-19, as applicable. Contractor/
114 manufacturer is NVIDIA, 2701 San Tomas Expressway, Santa Clara, CA 95050
115
116 5. APPLICABLE LAW
117
118 This LICENSE shall be deemed to have been made in, and shall be construed
119 pursuant to, the laws of the State of Delaware. The United Nations Convention
120 on Contracts for the International Sale of Goods is specifically disclaimed.
121
122 6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
123
124 6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
125 SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS DISCLAIM ALL
126 WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
127 WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
128
129 6.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY
130 APPLICABLE LAW, IN NO EVENT SHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY
131 SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING,
132 WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
133 INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)
134 ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS
135 BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
136
137 6.3 No Support. NVIDIA has no obligation to support or to provide any updates
138 of the Software.
139
140 7. MISCELLANEOUS
141
142 7.1 Feedback. In the event Licensee contacts NVIDIA to request Feedback (as
143 defined below) on how to design, implement, or optimize Licensee’s product for
144 use with the SOFTWARE, the following terms and conditions apply the Feedback:
145
146 1. Exchange of Feedback. Both parties agree that neither party has an
147 obligation to give the other party any suggestions, comments or other feedback,
148 whether verbally or in code form (“Feedback”), relating to (i) the SOFTWARE;
149 (ii) Licensee’s products; (iii) Licensee’s use of the SOFTWARE; or (iv)
150 optimization of Licensee’s product with the SOFTWARE. In the event either
151 party provides Feedback to the other party, the party receiving the Feedback
152 may use and include any Feedback that the other party voluntarily provides to
153 improve the (i) SOFTWARE or other related NVIDIA technologies, respectively for
154 the benefit of NVIDIA; or (ii) Licensee’s product or other related Licensee
155 technologies, respectively for the benefit of Licensee. Accordingly, if either
156 party provides Feedback to the other party, both parties agree that the other
157 party and its respective licensees may freely use, reproduce, license,
158 distribute, and otherwise commercialize the Feedback in the (i) SOFTWARE or
159 other related technologies; or (ii) Licensee’s products or other related
160 technologies, respectively, without the payment of any royalties or fees.
161
162 2. Residual Rights. Licensee agrees that NVIDIA shall be free to use any
163 general knowledge, skills and experience, (including, but not limited to,
164 ideas, concepts, know-how, or techniques) (“Residuals”), contained in the (i)
165 Feedback provided by Licensee to NVIDIA; (ii) Licensee’s products shared or
166 disclosed to NVIDIA in connection with the Feedback; or (c) Licensee’s
167 confidential information voluntarily provided to NVIDIA in connection with the
168 Feedback, which are retained in the memories of NVIDIA’s employees, agents, or
169 contractors who have had access to such (i) Feedback provided by Licensee to
170 NVIDIA; (ii) Licensee’s products; or (c) Licensee’s confidential information
171 voluntarily provided to NVIDIA, in connection with the Feedback. Subject to
172 the terms and conditions of this Agreement, NVIDIA’s employees, agents, or
173 contractors shall not be prevented from using Residuals as part of such
174 employee’s, agent’s or contractor’s general knowledge, skills, experience,
175 talent, and/or expertise. NVIDIA shall not have any obligation to limit or
176 restrict the assignment of such employees, agents or contractors or to pay
177 royalties for any work resulting from the use of Residuals.
178
179 3. Disclaimer of Warranty. FEEDBACK FROM EITHER PARTY IS PROVIDED FOR THE OTHER
180 PARTY’S USE “AS IS” AND BOTH PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED
181 AND STATUTORY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
182 MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BOTH PARTIES DO NOT
183 REPRESENT OR WARRANT THAT THE FEEDBACK WILL MEET THE OTHER PARTY’S REQUIREMENTS
184 OR THAT THE OPERATION OR IMPLEMENTATION OF THE FEEDBACK WILL BE UNINTERRUPTED
185 OR ERROR-FREE.
186
187 4. No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY
188 APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY OR ITS SUPPLIERS BE LIABLE FOR
189 ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
190 (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
191 INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)
192 ARISING OUT OF THE USE OF OR INABILITY TO USE THE FEEDBACK, EVEN IF THE OTHER
193 PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
194
195 5. Freedom of Action. Licensee agrees that this Agreement is nonexclusive and
196 NVIDIA may currently or in the future be developing software, other technology
197 or confidential information internally, or receiving confidential information
198 from other parties that maybe similar to the Feedback and Licensee’s
199 confidential information (as provided in Section 7.1.2 above), which may be
200 provided to NVIDIA in connection with Feedback by Licensee. Accordingly,
201 Licensee agrees that nothing in this Agreement will be construed as a
202 representation or inference that NVIDIA will not develop, design, manufacture,
203 acquire, market products, or have products developed, designed, manufactured,
204 acquired, or marketed for NVIDIA, that compete with the Licensee’s products or
205 confidential information.
206
207 6. No Implied Licenses. Under no circumstances should anything in this
208 Agreement be construed as NVIDIA granting by implication, estoppel or
209 otherwise, (i) a license to any NVIDIA product or technology other than the SOFTWARE; or
210 (ii) any additional license rights for the SOFTWARE other than the licenses
211 expressly granted in this Agreement.
212
213
214 7.2 If any provision of this LICENSE is inconsistent with, or cannot be fully
215 enforced under, the law, such provision will be construed as limited to the
216 extent necessary to be consistent with and fully enforceable under the law.
217 This LICENSE is the final, complete and exclusive agreement between the parties
218 relating to the subject matter hereof, and supersedes all prior or
219 contemporaneous understandings and agreements relating to such subject matter,
220 whether oral or written. This LICENSE may only be modified in writing signed
221 by an authorized officer of NVIDIA. Licensee agrees that it will not ship,
222 transfer or export the SOFTWARE into any country, or use the SOFTWARE in any
223 manner, prohibited by the United States Bureau of Industry and Security or
224 any export laws, restrictions or regulations.
225
226
227 ATTACHMENT A
228
229 Redistributable Components
230
231
232 The following files may be redistributed with software applications developed
233 by Licensee.
234
235 NPP headers npp.h, nppcore.h,
236 nppdefs.h, nppi.h,
237 nppversion.h
238
239 Windows npp.lib,
240 npp32_32_16.dll,
241 npp64_32_16.dll,
242
243 MacOS libnpp32.3.2.dylib,
244 libnpp64.3.2.dylib,
245
246 Linux libnpp64.so.3.2.16,
247 libnpp32.so.3.2.16,
248
249 The following terms and conditions apply to Licensee’s use of the components
250 listed above (“Redistributable Components”) of the SOFTWARE:
251
252 1. Customer may transfer, redistribute or sublicense, the license rights
253 pursuant to Section 2.1.1 of this Agreement in connection with the
254 Redistributable Components to end users of Licensee’s products.

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