SDK Sample Source Code usage in commercial applications?


The SDK license states:

"Source Code: Developer shall have the right to modify and create derivative works with the Source Code. Developer shall own any derivative works (“Derivatives”) it creates to the Source Code, provided that Developer uses the Materials in accordance with the terms and conditions of this Agreement. Developer may distribute the Derivatives, provided that all NVIDIA copyright notices and trademarks are propagated and used properly and the Derivatives include the following statement: “This software contains source code provided by NVIDIA Corporation.”

We are studying the use of CUDA to speed up the algorithms in one of our instruments. The algorithms are distributed in a compiled form and are just a component of the whole system.

The question is: what are the requirements to use source code from the SDK? Is the compiled source code a “Derivative”. I understand that if I distribute the source code then I should put the copyright notice in it, but in our case we are distributing an instrument.

Thank you in advance for your answers,

I’m not a lawyer, but I think it’s fine to use SDK source code in a product.

The disclaimer is mainly to protect us - don’t blame us if it goes wrong!