Dear NVIDIA representatives, I would like to ask You kindly for the clarification of the following point in the Optix 7.5 EULA:
4.2 Modifications. You have no obligation to provide your permitted modifications to NVIDIA. You hold all rights, title and interest in
and to the modifications to and derivative works of the NVIDIA source code and header files that you create as permitted
hereunder, subject to NVIDIA’s underlying intellectual property rights in and to the NVIDIA software; provided, however that you
grant NVIDIA, its affiliates and their respective customers an irrevocable, perpetual, nonexclusive, worldwide, royalty-free paid-up
license to make, have made, use, have used, reproduce, sell, license, distribute, sublicense, transfer and otherwise commercialize
modifications and derivative works including (without limitation) with the Licensed Software or other products, technologies or
materials
Does it mean that if I use OptiX in commercial, proprietary software, I have to show the NVIDIA all the code that uses Optix, on request? And NVIDIA can do whatever it wants with it? Please clarify if possible, as that may eliminate the Optix from the list of the tools allowed by the company I work for…
Does it mean that if I use OptiX in commercial, proprietary software, I have to show the NVIDIA all the code that uses Optix, on request?
No you do not need to provide your own code to NVIDIA just because you use OptiX. That part is stated explicitly in the first half of this section.
I’m not a lawyer, so I can ask NVIDIA legal to summarize the second part in more clear language. To me, the second part starting with “provided, however” appears to be saying that if you use NVIDIA software, you agree to not prevent other people from using NVIDIA software for their own reasons. My interpretation is my own and not to be considered legal advice. I will try to get a clear confirmation or explanation from our legal department. In the mean time, the best advice is always to get a reading and green light from your own company’s legal department.
A small update: our legal team confirmed definitively that the DesignWorks license does not obligate anyone to provide NVIDIA with their code or modifications built using the OptiX SDK. Does this fully answer your question?