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By downloading, installing, copying, or otherwise using the SOFTWARE, You (as defined below) agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, do not download the SOFTWARE.\n\nRECITALS Use of NVIDIA's SOFTWARE requires three elements: the SOFTWARE, an NVIDIA GPU or application processor (\"NVIDIA Hardware\"), and a computer system. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is not sold, and instead is only licensed for Your use, strictly in accordance with this Agreement. The NVIDIA Hardware is protected by various patents, and is sold, but this Agreement does not cover the sale or use of such hardware, since it may not necessarily be sold as a package with the SOFTWARE. This Agreement sets forth the terms and conditions of the SOFTWARE only.\n\n1. DEFINITIONS 1.1 \"Licensee,\" \"You,\" or \"Your\" shall mean the entity or individual that downloads and uses the SOFTWARE. 1.2 \"Third Party SOFTWARE\" shall mean the third party software components referenced in Attachment A of this Agreement.1.3 \"SOFTWARE\" shall mean the NVIDIA proprietary software deliverables provided pursuant to this Agreement.\n\n2. GRANT OF LICENSE Rights and Limitations of Grant. NVIDIA hereby grants Licensee the following limited, non-exclusive, non-transferable, non-sublicensable copyright license to use the SOFTWARE, with the following limitations:\n\n2.1 Usage Rights. Licensee may install and use multiple copies of the SOFTWARE on a shared computer or concurrently on different computers, and make multiple back-up copies of the SOFTWARE, solely for Licensee's use within Licensee's Enterprise. \"Enterprise\" shall mean individual use by Licensee or any legal entity (such as a corporation or university) and the subsidiaries it owns by more than 50 percent.\n\n2.2 Additional Third Party Licensing ObligationsLicensee acknowledges and agrees that its use of Third Party SOFTWARE included with the SOFTWARE shall be subject to and governed by the additional licensing terms and conditions as set forth or referenced in Attachment A of this Agreement.\n\n2.3 Limitations. No Reverse Engineering. Licensee may not reverse engineer, decompile, or disassemble the SOFTWARE, nor attempt in any other manner to obtain the source code. No Separation of Components. The SOFTWARE is licensed as a single product. Except as authorized in this Agreement, Software component parts of the Software may not be separated for use on more than one computer, nor otherwise used separately from the other parts. No Rental. Licensee may not rent or lease the SOFTWARE to someone else.\n3. TERM AND TERMINATION This Agreement will continue in effect for two (2) years (\"Initial Term) after Your initial download and use of the SOFTWARE, subject to the exclusive right of NVIDIA to terminate as provided herein. The term of this Agreement will automatically renew for successive one (1) year renewal terms after the Initial Term, unless either party provides to the other party at least three (3) months prior written notice of termination before the end of the applicable renewal term.\nThis Agreement will automatically terminate if Licensee fails to comply with any of the terms and conditions hereof. 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Accordingly, Licensee is required to treat the SOFTWARE like any other copyrighted material, except as otherwise allowed pursuant to this Agreement and that it may make one copy of the SOFTWARE solely for backup or archive purposes. RESTRICTED RIGHTS NOTICE. Software has been developed entirely at private expense and is commercial computer software provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in the Agreement under which Software was obtained pursuant to DFARS 227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19, as applicable. Contractor/manufacturer is NVIDIA, 2701 San Tomas Expressway, Santa Clara, CA 95050\n\n5. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of Delaware. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. The courts of Santa Clara County, California shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement.\n\n6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY 6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED \"AS IS\" AND NVIDIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.\n\n6.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.\n\n6.3 No Support. NVIDIA has no obligation to support or to provide any updates of the Software.\n\n7. MISCELLANEOUS 7.1 Feedback. Notwithstanding any Non-Disclosure Agreement executed by and between the parties, the parties agree that in the event Licensee or NVIDIA provides Feedback (as defined below) to the other party on how to design, implement, or improve the SOFTWARE or Licensee's product(s) for use with the SOFTWARE, the following terms and conditions apply the Feedback:\n\n7.1.1 Exchange of Feedback. Both parties agree that neither party has an obligation to give the other party any suggestions, comments or other feedback, whether verbally or in written or source code form, relating to (i) the SOFTWARE; (ii) Licensee's products; (iii) Licensee's use of the SOFTWARE; or (iv) optimization/interoperability of Licensee's product with the SOFTWARE (collectively defined as \"Feedback\"). In the event either party provides Feedback to the other party, the party receiving the Feedback may use any Feedback that the other party voluntarily provides to improve the (i) SOFTWARE or other related NVIDIA technologies, respectively for the benefit of NVIDIA; or (ii) Licensee's product or other related Licensee technologies, respectively for the benefit of Licensee. Accordingly, if either party provides Feedback to the other party, both parties agree that the other party and its respective licensees may freely use, reproduce, license, distribute, and otherwise commercialize the Feedback in the (i) SOFTWARE or other related technologies; or (ii) Licensee's products or other related technologies, respectively, without the payment of any royalties or fees.\n\n7.1.2 Residual Rights. Licensee agrees that NVIDIA shall be free to use any general knowledge, skills and experience, (including, but not limited to, ideas, concepts, know-how, or techniques) (\"Residuals\"), contained in the (i) Feedback provided by Licensee to NVIDIA; (ii) Licensee's products shared or disclosed to NVIDIA in connection with the Feedback; or (c) Licensee's confidential information voluntarily provided to NVIDIA in connection with the Feedback, which are retained in the memories of NVIDIA's employees, agents, or contractors who have had access to such Residuals. Subject to the terms and conditions of this Agreement, NVIDIA's employees, agents, or contractors shall not be prevented from using Residuals as part of such employee's, agent's or contractor's general knowledge, skills, experience, talent, and/or expertise. NVIDIA shall not have any obligation to limit or restrict the assignment of such employees, agents or contractors or to pay royalties for any work resulting from the use of Residuals\n\n7.1.3 Disclaimer of Warranty. FEEDBACK FROM EITHER PARTY IS PROVIDED FOR THE OTHER PARTY'S USE \"AS IS\" AND BOTH PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BOTH PARTIES DO NOT REPRESENT OR WARRANT THAT THE FEEDBACK WILL MEET THE OTHER PARTY'S REQUIREMENTS OR THAT THE OPERATION OR IMPLEMENTATION OF THE FEEDBACK WILL BE UNINTERRUPTED OR ERROR-FREE.\n7.1.4 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE FEEDBACK, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.\n\n7.2 Freedom of Action. Licensee agrees that this Agreement is nonexclusive and NVIDIA may currently or in the future be developing software, other technology or confidential information internally, or receiving confidential information from other parties that maybe similar to the Feedback and Licensee's confidential information (as provided in Section 7.1.2 above), which may be provided to NVIDIA in connection with Feedback by Licensee. Accordingly, Licensee agrees that nothing in this Agreement will be construed as a representation or inference that NVIDIA will not develop, design, manufacture, acquire, market products, or have products developed, designed, manufactured, acquired, or marketed for NVIDIA, that compete with the Licensee's products or confidential information.\n\n7.3 No Implied Licenses. Under no circumstances should anything in this Agreement be construed as NVIDIA granting by implication, estoppel or otherwise, (i) a license to any NVIDIA product or technology other than the SOFTWARE; or (ii) any additional license rights for the SOFTWARE other than the licenses expressly granted in this Agreement.\n\n7.4 If any provision of this Agreement is inconsistent with, or cannot be fully enforced under, the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This Agreement is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. This Agreement may only be modified in writing signed by an authorized officer of NVIDIA. Licensee agrees that it will not ship, transfer or export the SOFTWARE into any country, or use the SOFTWARE in any manner, prohibited by the United States Bureau of Industry and Security or any export laws, restrictions or regulations.\n\n7.5 The parties agree that the following sections of the Agreement will survive the termination of the License: Sections 2.2, 2.3, and 4-7.\n\n", "alias": "license_nv", "name": "NVIDIA JetPack L4T License" }, { "content": "NVIDIA SOFTWARE LICENSE AGREEMENT\nRelease Date: November 7, 2017\n\nIMPORTANT \u2013 READ BEFORE DOWNLOADING, INSTALLING, COPYING OR USING THE LICENSED SOFTWARE\nThis Software License Agreement (\"SLA\u201d), made and entered into as of the time and date of click through action (\u201cEffective Date\u201d), is a legal agreement between you and NVIDIA Corporation (\"NVIDIA\") and governs the use of the NVIDIA computer software and the documentation made available for use with such NVIDIA software. By downloading, installing, copying, or otherwise using the NVIDIA software and/or documentation, you agree to be bound by the terms of this SLA. If you do not agree to the terms of this SLA, do not download, install, copy or use the NVIDIA software or documentation. IF YOU ARE ENTERING INTO THIS SLA ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE ENTITY TO THIS SLA, IN WHICH CASE \u201cYOU\u201d WILL MEAN THE ENTITY YOU REPRESENT. IF YOU DON\u2019T HAVE SUCH AUTHORITY, OR IF YOU DON\u2019T ACCEPT ALL THE TERMS AND CONDITIONS OF THIS SLA, THEN NVIDIA DOES NOT AGREE TO LICENSE THE LICENSED SOFTWARE TO YOU, AND YOU MAY NOT DOWNLOAD, INSTALL, COPY OR USE IT. \n \n1. LICENSE. \n\n1.1 License Grant. Subject to the terms of the AGREEMENT, NVIDIA hereby grants you a non-exclusive, non-transferable license, without the right to sublicense (except as expressly set forth in a Supplement), during the applicable license term unless earlier terminated as provided below, to have Authorized Users install and use the Software, including modifications (if expressly permitted in a Supplement), in accordance with the Documentation. You are only licensed to activate and use Licensed Software for which you a have a valid license, even if during the download or installation you are presented with other product options. No Orders are binding on NVIDIA until accepted by NVIDIA. Your Orders are subject to the AGREEMENT.\n\nSLA Supplements: Certain Licensed Software licensed under this SLA may be subject to additional terms and conditions that will be presented to you in a Supplement for acceptance prior to the delivery of such Licensed Software under this SLA and the applicable Supplement. Licensed Software will only be delivered to you upon your acceptance of all applicable terms.\n\n1.2 Limited Purpose Licenses. If your license is provided for one of the purposes indicated below, then notwithstanding contrary terms in Section 1.1 or in a Supplement, such licenses are for internal use and do not include any right or license to sub-license and distribute the Licensed Software or its output in any way in any public release, however limited, and/or in any manner that provides third parties with use of or access to the Licensed Software or its functionality or output, including (but not limited to) external alpha or beta testing or development phases. Further:\n\n(i) Evaluation License. You may use evaluation licenses solely for your internal evaluation of the Licensed Software for broader adoption within your Enterprise or in connection with a NVIDIA product purchase decision, and such licenses have an expiration date as indicated by NVIDIA in its sole discretion (or ninety days from the date of download if no other duration is indicated).\n(ii) Educational/Academic License. You may use educational/academic licenses solely for educational purposes and all users must be enrolled or employed by an academic institution. If you do not meet NVIDIA\u2019s academic program requirements for educational institutions, you have no rights under this license. \n(iii) Test/Development License. You may use test/development licenses solely for your internal development, testing and/or debugging of your software applications or for interoperability testing with the Licensed Software, and such licenses have an expiration date as indicated by NVIDIA in its sole discretion (or one year from the date of download if no other duration is indicated). \n1.3 Pre-Release Licenses. With respect to alpha, beta, preview, and other pre-release Software and Documentation (\u201cPre-Release Licensed Software\u201d) delivered to you under the AGREEMENT you acknowledge and agree that such Pre-Release Licensed Software (i) may not be fully functional, may contain errors or design flaws, and may have reduced or different security, privacy, accessibility, availability, and reliability standards relative to commercially provided NVIDIA software and documentation, and (ii) use of such Pre-Release Licensed Software may result in unexpected results, loss of data, project delays or other unpredictable damage or loss. THEREFORE, PRE-RELEASE LICENSED SOFTWARE IS NOT INTENDED FOR USE, AND SHOULD NOT BE USED, IN PRODUCTION OR BUSINESS-CRITICAL SYSTEMS. NVIDIA has no obligation to make available a commercial version of any Pre-Release Licensed Software and NVIDIA has the right to abandon development of Pre-Release Licensed Software at any time without liability. \n1.4 Enterprise and Contractor Usage. You may allow your Enterprise employees and Contractors to access and use the Licensed Software pursuant to the terms of the AGREEMENT solely to perform work on your behalf, provided further that with respect to Contractors: (i) you obtain a written agreement from each Contractor which contains terms and obligations with respect to access to and use of Licensed Software no less protective of NVIDIA than those set forth in the AGREEMENT, and (ii) such Contractor\u2019s access and use expressly excludes any sublicensing or distribution rights for the Licensed Software. You are responsible for the compliance with the terms and conditions of the AGREEMENT by your Enterprise and Contractors. Any act or omission that, if committed by you, would constitute a breach of the AGREEMENT shall be deemed to constitute a breach of the AGREEMENT if committed by your Enterprise or Contractors. \n\n1.5 Services. Except as expressly indicated in an Order, NVIDIA is under no obligation to provide support for the Licensed Software or to provide any patches, maintenance, updates or upgrades under the AGREEMENT. Unless patches, maintenance, updates or upgrades are provided with their separate governing terms and conditions, they constitute Licensed Software licensed to you under the AGREEMENT.\n\n2. LIMITATIONS.\n\n2.1 License Restrictions. Except as expressly authorized in the AGREEMENT, you agree that you will not (nor authorize third parties to): (i) copy and use Software that was licensed to you for use in one or more NVIDIA hardware products in other unlicensed products (provided that copies solely for backup purposes are allowed); (ii) reverse engineer, decompile, disassemble (except to the extent applicable laws specifically require that such activities be permitted) or attempt to derive the source code, underlying ideas, algorithm or structure of Software provided to you in object code form; (iii) sell, transfer, assign, distribute, rent, loan, lease, sublicense or otherwise make available the Licensed Software or its functionality to third parties (a) as an application services provider or service bureau, (b) by operating hosted/virtual system environments, (c) by hosting, time sharing or providing any other type of services, or (d) otherwise by means of the internet; (iv) modify, translate or otherwise create any derivative works of any Licensed Software; (v) remove, alter, cover or obscure any proprietary notice that appears on or with the Licensed Software or any copies thereof; (vi) use the Licensed Software, or allow its use, transfer, transmission or export in violation of any applicable export control laws, rules or regulations; (vii) distribute, permit access to, or sublicense the Licensed Software as a stand-alone product; (viii) bypass, disable, circumvent or remove any form of copy protection, encryption, security or digital rights management or authentication mechanism used by NVIDIA in connection with the Licensed Software, or use the Licensed Software together with any authorization code, serial number, or other copy protection device not supplied by NVIDIA directly or through an authorized reseller; (ix) use the Licensed Software for the purpose of developing competing products or technologies or assisting a third party in such activities; (x) use the Licensed Software with any system or application where the use or failure of such system or application can reasonably be expected to threaten or result in personal injury, death, or catastrophic loss including, without limitation, use in connection with any nuclear, avionics, navigation, military, medical, life support or other life critical application (\u201cCritical Applications\u201d), unless the parties have entered into a Critical Applications agreement; (xi) distribute any modification or derivative work you make to the Licensed Software under or by reference to the same name as used by NVIDIA; or (xii) use the Licensed Software in any manner that would cause the Licensed Software to become subject to an Excluded License. Nothing in the AGREEMENT shall be construed to give you a right to use, or otherwise obtain access to, any source code from which the Software or any portion thereof is compiled or interpreted. You acknowledge that NVIDIA does not design, test, manufacture or certify the Licensed Software for use in the context of a Critical Application and NVIDIA shall not be liable to you or any third party, in whole or in part, for any claims or damages arising from such use. You agree to defend, indemnify and hold harmless NVIDIA and its Affiliates, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, fines, restitutions and expenses (including but not limited to attorney\u2019s fees and costs incident to establishing the right of indemnification) arising out of or related to you and your Enterprise, and their respective employees, contractors, agents, distributors, resellers, end users, officers and directors use of Licensed Software outside of the scope of the AGREEMENT or any other breach of the terms of the AGREEMENT.\n\n2.2 Third Party License Obligations. The Licensed Software may come bundled with, or otherwise include or be distributed with, third party software licensed by an NVIDIA supplier and/or open source software provided under an open source license (collectively, \u201cThird Party Software\u201d). Notwithstanding anything to the contrary herein, Third Party Software is licensed to you subject to the terms and conditions of the software license agreement accompanying such Third Party Software whether in the form of a discrete agreement, click-through license, or electronic license terms accepted at the time of installation and any additional terms or agreements provided by the third party licensor (\u201cThird Party License Terms\u201d). Use of the Third Party Software by you shall be governed by such Third Party License Terms, or if no Third Party License Terms apply, then the Third Party Software is provided to you as-is, without support or warranty or indemnity obligations, for use in or with the Licensed Software and not otherwise used separately. Copyright to Third Party Software is held by the copyright holders indicated in the Third Party License Terms.\n\nAudio/Video Encoders and Decoders. You acknowledge and agree that it is your sole responsibility to obtain any additional third party licenses required to make, have made, use, have used, sell, import, and offer for sale your products or services that include or incorporate any Third Party Software and content relating to audio and/or video encoders and decoders from, including but not limited to, Microsoft, Thomson, Fraunhofer IIS, Sisvel S.p.A., MPEG-LA, and Coding Technologies as NVIDIA does not grant to you under the AGREEMENT any necessary patent or other rights with respect to audio and/or video encoders and decoders. \n\n2.3 Limited Rights. Your rights in the Licensed Software are limited to those expressly granted under the AGREEMENT and no other licenses are granted whether by implication, estoppel or otherwise. NVIDIA reserves all rights, title and interest in and to the Licensed Software not expressly granted under the AGREEMENT.\n\n2. CONFIDENTIALITY. Neither party will use the other party\u2019s Confidential Information, except as necessary for the performance of the AGREEMENT, nor will either party disclose such Confidential Information to any third party, except to personnel of NVIDIA and its Affiliates, you, your Enterprise, your Enterprise Contractors, and each party\u2019s legal and financial advisors that have a need to know such Confidential Information for the performance of the AGREEMENT, provided that each such personnel, employee and Contractors are subject to a written agreement that includes confidentiality obligations consistent with those set forth herein. Each party will use all reasonable efforts to maintain the confidentiality of all of the other party\u2019s Confidential Information in its possession or control, but in no event less than the efforts that it ordinarily uses with respect to its own Confidential Information of similar nature and importance. The foregoing obligations will not restrict either party from disclosing the other party\u2019s Confidential Information or the terms and conditions of the AGREEMENT as required under applicable securities regulations or pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the party required to make such disclosure (i) gives reasonable notice to the other party to enable it to contest such order or requirement prior to its disclosure (whether through protective orders or otherwise), (ii) uses reasonable effort to obtain confidential treatment or similar protection to the fullest extent possible to avoid such public disclosure, and (iii) discloses only the minimum amount of information necessary to comply with such requirements.\n\nNVIDIA Confidential Information under the AGREEMENT includes output from Licensed Software developer tools identified as \u201cPro\u201d versions, where the output reveals functionality or performance data pertinent to NVIDIA hardware or software products.\n\n4. OWNERSHIP. You are not obligated to disclose to NVIDIA any modifications that you, your Enterprise or your Contractors make to the Licensed Software as permitted under the AGREEMENT. As between the parties, all modifications are owned by NVIDIA and licensed to you under the AGREEMENT unless otherwise expressly provided in a Supplement. The Licensed Software and all modifications owned by NVIDIA, and the respective Intellectual Property Rights therein, are and will remain the sole and exclusive property of NVIDIA or its licensors. You shall not engage in any act or omission that would impair NVIDIA\u2019s and/or its licensors\u2019 Intellectual Property Rights in the Licensed Software or any other materials, information, processes or subject matter proprietary to NVIDIA. NVIDIA\u2019s licensors are intended third party beneficiaries with the right to enforce provisions of the AGREEMENT with respect to their Confidential Information and/or Intellectual Property Rights. \n\n5. FEEDBACK. You may, but you are not obligated, to provide Feedback to NVIDIA. You hereby grant NVIDIA and its Affiliates a perpetual, non-exclusive, worldwide, irrevocable license to use, reproduce, modify, license, sublicense (through multiple tiers of sublicensees), distribute (through multiple tiers of distributors) and otherwise commercialize any Feedback that you voluntarily provide without the payment of any royalties or fees to you. NVIDIA has no obligation to respond to Feedback or to incorporate Feedback into the Licensed Software.\n\n6. NO WARRANTIES. THE LICENSED SOFTWARE AND ANY CONFIDENTIAL INFORMATION AND/OR SERVICES ARE PROVIDED BY NVIDIA \u201cAS IS\u201d AND \u201cWITH ALL FAULTS,\u201d AND NVIDIA AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF OPERABILITY, CONDITION, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. WITHOUT LIMITING THE FOREGOING, NVIDIA AND ITS AFFILIATES DO NOT WARRANT THAT THE LICENSED SOFTWARE OR ANY CONFIDENTIAL INFORMATION AND/OR SERVICES PROVIDED UNDER THE AGREEMENT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. \n\n7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE USE OR PERFORMANCE OF THE LICENSED SOFTWARE AND ANY CONFIDENTIAL INFORMATION AND/OR SERVICES PROVIDED UNDER THE AGREEMENT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT WILL NVIDIA\u2019S AND ITS AFFILIATES TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THE AGREEMENT EXCEED THE NET AMOUNTS RECEIVED BY NVIDIA OR ITS AFFILIATES FOR YOUR USE OF THE PARTICULAR LICENSED SOFTWARE DURING THE TWELVE (12) MONTHS BEFORE THE LIABILITY AROSE (or up to US$10.00 if you acquired the Licensed Software for no charge). THE NATURE OF THE LIABILITY, THE NUMBER OF CLAIMS OR SUITS OR THE NUMBER OF PARTIES WITHIN YOUR ENTERPRISE THAT ACCEPTED THE TERMS OF THE AGREEMENT SHALL NOT ENLARGE OR EXTEND THIS LIMIT. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER NVIDIA, ITS AFFILIATES OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT NVIDIA\u2019S OBLIGATIONS UNDER THE AGREEMENT ARE FOR THE BENEFIT OF YOU ONLY. The disclaimers, exclusions and limitations of liability set forth in the AGREEMENT form an essential basis of the bargain between the parties, and, absent any such disclaimers, exclusions or limitations of liability, the provisions of the AGREEMENT, including, without limitation, the economic terms, would be substantially different. \n\n8. TERM AND TERMINATION.\n\n8.1 AGREEMENT, Licenses and Services. This SLA shall become effective upon the Effective Date, each Supplement upon their acceptance, and both this SLA and Supplements shall continue in effect until your last access or use of the Licensed Software and/or services hereunder, unless earlier terminated as provided in this \u201cTerm and Termination\u201d section. Each Licensed Software license ends at the earlier of (a) the expiration of the applicable license term, or (b) termination of such license or the AGREEMENT. Each service ends at the earlier of (x) the expiration of the applicable service term, (y) termination of such service or the AGREEMENT, or (z) expiration or termination of the associated license and no credit or refund will be provided upon the expiration or termination of the associated license for any service fees paid.\n8.2 Termination and Effect of Expiration or Termination. NVIDIA may terminate the AGREEMENT in whole or in part: (i) if you breach any term of the AGREEMENT and fail to cure such breach within thirty (30) days following notice thereof from NVIDIA (or immediately if you violate NVIDIA\u2019s Intellectual Property Rights); (ii) if you become the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filing, or if you cease to do business; or (iii) if you commence or participate in any legal proceeding against NVIDIA, with respect to the Licensed Software that is the subject of the proceeding during the pendency of such legal proceeding. If you or your authorized NVIDIA reseller fail to pay license fees or service fees when due then NVIDIA may, in its sole discretion, suspend or terminate your license grants, services and any other rights provided under the AGREEMENT for the affected Licensed Software, in addition to any other remedies NVIDIA may have at law or equity. Upon any expiration or termination of the AGREEMENT, a license or a service provided hereunder, (a) any amounts owed to NVIDIA become immediately due and payable, (b) you must promptly discontinue use of the affected Licensed Software and/or service, and (c) you must promptly destroy or return to NVIDIA all copies of the affected Licensed Software and all portions thereof in your possession or control, and each party will promptly destroy or return to the other all of the other party\u2019s Confidential Information within its possession or control. Upon written request, you will certify in writing that you have complied with your obligations under this section. Upon expiration or termination of the AGREEMENT all provisions survive except for the license grant provisions. \n9. CONSENT TO COLLECTION AND USE OF INFORMATION.\n\nYou hereby agree and acknowledge that the Software may access and collect data about your Enterprise computer systems as well as configures the systems in order to (a) properly optimize such systems for use with the Software, (b) deliver content through the Software, (c) improve NVIDIA products and services, and (d) deliver marketing communications. Data collected by the Software includes, but is not limited to, system (i) hardware configuration and ID, (ii) operating system and driver configuration, (iii) installed applications, (iv) applications settings, performance, and usage data, and (iv) usage metrics of the Software. To the extent that you use the Software, you hereby consent to all of the foregoing, and represent and warrant that you have the right to grant such consent. In addition, you agree that you are solely responsible for maintaining appropriate data backups and system restore points for your Enterprise systems, and that NVIDIA will have no responsibility for any damage or loss to such systems (including loss of data or access) arising from or relating to (a) any changes to the configuration, application settings, environment variables, registry, drivers, BIOS, or other attributes of the systems (or any part of such systems) initiated through the Software; or (b) installation of any Software or third party software patches initiated through the Software. In certain systems you may change your system update preferences by unchecking \"Automatically check for updates\" in the \"Preferences\" tab of the control panel for the Software.\n\nIn connection with the receipt of the Licensed Software or services you may receive access to links to third party websites and services and the availability of those links does not imply any endorsement by NVIDIA. NVIDIA encourages you to review the privacy statements on those sites and services that you choose to visit so that you can understand how they may collect, use and share personal information of individuals. NVIDIA is not responsible or liable for: (i) the availability or accuracy of such links; or (ii) the products, services or information available on or through such links; or (iii) the privacy statements or practices of sites and services controlled by other companies or organizations. \n\nTo the extent that you or members of your Enterprise provide to NVIDIA during registration or otherwise personal data, you acknowledge that such information will be collected, used and disclosed by NVIDIA in accordance with NVIDIA's privacy policy, available at URL http://www.nvidia.com/object/privacy_policy.html.\n\n10. GENERAL.\n\nThis SLA, any Supplements incorporated hereto, and Orders constitute the entire agreement of the parties with respect to the subject matter hereto and supersede all prior negotiations, conversations, or discussions between the parties relating to the subject matter hereto, oral or written, and all past dealings or industry custom. Any additional and/or conflicting terms and conditions on purchase order(s) or any other documents issued by you are null, void, and invalid. Any amendment or waiver under the AGREEMENT must be in writing and signed by representatives of both parties.\n\nThe AGREEMENT and the rights and obligations thereunder may not be assigned by you, in whole or in part, including by merger, consolidation, dissolution, operation of law, or any other manner, without written consent of NVIDIA, and any purported assignment in violation of this provision shall be void and of no effect. NVIDIA may assign, delegate or transfer the AGREEMENT and its rights and obligations hereunder, and if to a non-Affiliate you will be notified. \n\nEach party acknowledges and agrees that the other is an independent contractor in the performance of the AGREEMENT, and each party is solely responsible for all of its employees, agents, contractors, and labor costs and expenses arising in connection therewith. The parties are not partners, joint ventures or otherwise affiliated, and neither has any authority to make any statements, representations or commitments of any kind to bind the other party without prior written consent. \n\nNeither party will be responsible for any failure or delay in its performance under the AGREEMENT (except for any payment obligations) to the extent due to causes beyond its reasonable control for so long as such force majeure event continues in effect. \n\nThe AGREEMENT will be governed by and construed under the laws of the State of Delaware and the United States without regard to the conflicts of law provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The parties consent to the personal jurisdiction of the federal and state courts located in Santa Clara County, California. You acknowledge and agree that a breach of any of your promises or agreements contained in the AGREEMENT may result in irreparable and continuing injury to NVIDIA for which monetary damages may not be an adequate remedy and therefore NVIDIA is entitled to seek injunctive relief as well as such other and further relief as may be appropriate. If any court of competent jurisdiction determines that any provision of the AGREEMENT is illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. Unless otherwise specified, remedies are cumulative. \n\nThe Licensed Software has been developed entirely at private expense and is \u201ccommercial items\u201d consisting of \u201ccommercial computer software\u201d and \u201ccommercial computer software documentation\u201d provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in the AGREEMENT pursuant to DFARS 227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19, as applicable. Contractor/manufacturer is NVIDIA, 2788 San Tomas Expressway, Santa Clara, CA 95051.\n\nYou acknowledge that the Licensed Software described under the AGREEMENT is subject to export control under the U.S. Export Administration Regulations (EAR) and economic sanctions regulations administered by the U.S. Department of Treasury\u2019s Office of Foreign Assets Control (OFAC). Therefore, you may not export, reexport or transfer in-country the Licensed Software without first obtaining any license or other approval that may be required by BIS and/or OFAC. You are responsible for any violation of the U.S. or other applicable export control or economic sanctions laws, regulations and requirements related to the Licensed Software. By accepting this SLA, you confirm that you are not a resident or citizen of any country currently embargoed by the U.S. and that you are not otherwise prohibited from receiving the Licensed Software. \n\nAny notice delivered by NVIDIA to you under the AGREEMENT will be delivered via mail, email or fax. Please direct your legal notices or other correspondence to NVIDIA Corporation, 2788 San Tomas Expressway, Santa Clara, California 95051, United States of America, Attention: Legal Department.\n\nGLOSSARY OF TERMS\nCertain capitalized terms, if not otherwise defined elsewhere in this SLA, shall have the meanings set forth below:\na. \u201cAffiliate\u201d means any legal entity that Owns, is Owned by, or is commonly Owned with a party. \u201cOwn\u201d means having more than 50% ownership or the right to direct the management of the entity.\nb. \u201cAGREEMENT\u201d means this SLA and all associated Supplements entered by the parties referencing this SLA.\nc. \u201cAuthorized Users\u201d means your Enterprise individual employees and any of your Enterprise\u2019s Contractors, subject to the terms of the \u201cEnterprise and Contractors Usage\u201d section.\nd. \u201cConfidential Information\u201d means the Licensed Software (unless made publicly available by NVIDIA without confidentiality obligations), and any NVIDIA business, marketing, pricing, research and development, know-how, technical, scientific, financial status, proposed new products or other information disclosed by NVIDIA to you which, at the time of disclosure, is designated in writing as confidential or proprietary (or like written designation), or orally identified as confidential or proprietary or is otherwise reasonably identifiable by parties exercising reasonable business judgment, as confidential. Confidential Information does not and will not include information that: (i) is or becomes generally known to the public through no fault of or breach of the AGREEMENT by the receiving party; (ii) is rightfully known by the receiving party at the time of disclosure without an obligation of confidentiality; (iii) is independently developed by the receiving party without use of the disclosing party\u2019s Confidential Information; or (iv) is rightfully obtained by the receiving party from a third party without restriction on use or disclosure.\ne. \u201cContractor\u201d means an individual who works primarily for your Enterprise on a contractor basis from your secure network.\nf. \u201cDocumentation\u201d means the NVIDIA documentation made available for use with the Software, including (without limitation) user manuals, datasheets, operations instructions, installation guides, release notes and other materials provided to you under the AGREEMENT.\ng. \u201cEnterprise\u201d means you or any company or legal entity for which you accepted the terms of this SLA, and their subsidiaries of which your company or legal entity owns more than fifty percent (50%) of the issued and outstanding equity.\nh. \u201cExcluded License\u201d includes, without limitation, a software license that requires as a condition of use, modification, and/or distribution that software be (i) disclosed or distributed in source code form; (ii) licensed for the purpose of making derivative works; or (iii) redistributable at no charge.\ni. \u201cFeedback\u201d means any and all suggestions, feature requests, comments or other feedback regarding the Licensed Software, including possible enhancements or modifications thereto.\nj. \u201cIntellectual Property Rights\u201d means all patent, copyright, trademark, trade secret, trade dress, trade names, utility models, mask work, moral rights, rights of attribution or integrity service marks, master recording and music publishing rights, performance rights, author\u2019s rights, database rights, registered design rights and any applications for the protection or registration of these rights, or other intellectual or industrial property rights or proprietary rights, howsoever arising and in whatever media, whether now known or hereafter devised, whether or not registered, (including all claims and causes of action for infringement, misappropriation or violation and all rights in any registrations and renewals), worldwide and whether existing now or in the future. \nk. \u201cLicensed Software\u201d means Software, Documentation and all modifications owned by NVIDIA.\nl. \u201cOrder\u201d means a purchase order issued by you, a signed purchase agreement with you, or other ordering document issued by you to NVIDIA or a NVIDIA authorized reseller (including any on-line acceptance process) that references and incorporates the AGREEMENT and is accepted by NVIDIA.\nm. \u201cSoftware\u201d means the NVIDIA software programs licensed to you under the AGREEMENT including, without limitation, libraries, sample code, utility programs and programming code.\nn. \u201cSupplement\u201d means the additional terms and conditions beyond those stated in this SLA that apply to certain Licensed Software licensed hereunder.\n\n", "alias": "license_internal", "name": "JetPack installer License" }, { "content": "If you are receiving the VisionWorks toolkit under the NVIDIA prerelease license agreement (also known as NPLA) or under the NVIDIA software license agreement (previously known as the NVIDIA Tegra Software License Agreement), your use of the VisionWorks toolkit is governed by such applicable terms and conditions. All other uses of the VisionWorks toolkit are governed by the terms and conditions of the below license agreement.\n\nNVIDIA SOFTWARE LICENSE AGREEMENT\nRelease Date: October 20, 2016\n\nIMPORTANT \u2013 READ BEFORE DOWNLOADING, INSTALLING, COPYING OR USING THE LICENSED SOFTWARE\nThis Software License Agreement (\"SLA\"), made and entered into as of the time and date of click through action (\u201cEffective Date\u201d), is a legal agreement between you and NVIDIA Corporation (\"NVIDIA\") and governs the use of the NVIDIA computer software and the documentation made available for use with such NVIDIA software. By downloading, installing, copying, or otherwise using the NVIDIA software and/or documentation, you agree to be bound by the terms of this SLA. If you do not agree to the terms of this SLA, do not download, install, copy or use the NVIDIA software or documentation. IF YOU ARE ENTERING INTO THIS SLA ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE ENTITY TO THIS SLA, IN WHICH CASE \u201cYOU\u201d WILL MEAN THE ENTITY YOU REPRESENT. IF YOU DON\u2019T HAVE SUCH AUTHORITY, OR IF YOU DON\u2019T ACCEPT ALL THE TERMS AND CONDITIONS OF THIS SLA, THEN NVIDIA DOES NOT AGREE TO LICENSE THE LICENSED SOFTWARE TO YOU, AND YOU MAY NOT DOWNLOAD, INSTALL, COPY OR USE IT.\n\n1. LICENSE.\n\n1.1 License Grant. Subject to the terms of the AGREEMENT, NVIDIA hereby grants you a non-exclusive, non-transferable license, without the right to sublicense (except as expressly set forth in a Supplement), during the applicable license term unless earlier terminated as provided below, to have Authorized Users install and use the Software, including modifications (if expressly permitted in a Supplement), in accordance with the Documentation. You are only licensed to activate and use Licensed Software for which you a have a valid license, even if during the download or installation you are presented with other product options. No Orders are binding on NVIDIA until accepted by NVIDIA. Your Orders are subject to the AGREEMENT.\n\nSLA Supplements: Certain Licensed Software licensed under this SLA may be subject to additional terms and conditions that will be presented to you in a Supplement for acceptance prior to the delivery of such Licensed Software under this SLA and the applicable Supplement. Licensed Software will only be delivered to you upon your acceptance of all applicable terms.\n\n1.2 Limited Purpose Licenses. If your license is provided for one of the purposes indicated below, then notwithstanding contrary terms in Section 1.1 or in a Supplement, such licenses are for internal use and do not include any right or license to sub- license and distribute the Licensed Software or its output in any way in any public release, however limited, and/or in any manner that provides third parties with use of or access to the Licensed Software or its functionality or output, including (but not limited to) external alpha or beta testing or development phases. Further:\n\n(i) Evaluation License. You may use evaluation licenses solely for your internal evaluation of the Licensed Software for broader adoption within your Enterprise or in connection with a NVIDIA product purchase decision, and such licenses have an expiration date as indicated by NVIDIA in its sole discretion (or ninety days from the date of download if no other duration is indicated).\n\n(ii) Educational/Academic License. You may use educational/academic licenses solely for educational purposes and all users must be enrolled or employed by an academic institution. If you do not meet NVIDIA\u2019s academic program requirements for educational institutions, you have no rights under this license.\n\n(iii) Test/Development License. You may use test/development licenses solely for your internal development, testing and/or debugging of your software applications or for interoperability testing with the Licensed Software, and such licenses have an expiration date as indicated by NVIDIA in its sole discretion (or one year from the date of download if no other duration is indicated). NVIDIA Confidential Information under the AGREEMENT includes output from Licensed Software developer tools identified as \u201cPro\u201d versions, where the output reveals functionality or performance data pertinent to NVIDIA hardware or software products.\n\n1.3 Pre-Release Licenses. With respect to alpha, beta, preview, and other pre-release Software and Documentation (\u201cPre- Release Licensed Software\u201d) delivered to you under the AGREEMENT you acknowledge and agree that such Pre-Release Licensed Software (i) may not be fully functional, may contain errors or design flaws, and may have reduced or different security, privacy, accessibility, availability, and reliability standards relative to commercially provided NVIDIA software and documentation, and (ii) use\n of such Pre-Release Licensed Software may result in unexpected results, loss of data, project delays or other unpredictable damage or loss. THEREFORE, PRE-RELEASE LICENSED SOFTWARE IS NOT INTENDED FOR USE, AND SHOULD NOT BE USED, IN PRODUCTION\nOR BUSINESS-CRITICAL SYSTEMS. NVIDIA has no obligation to make available a commercial version of any Pre-Release Licensed Software and NVIDIA has the right to abandon development of Pre-Release Licensed Software at any time without liability.\n\n1.4 Enterprise and Contractor Usage. You may allow your Enterprise employees and Contractors to access and use the Licensed Software pursuant to the terms of the AGREEMENT solely to perform work on your behalf, provided further that with respect to Contractors: (i) you obtain a written agreement from each Contractor which contains terms and obligations with respect to access to and use of Licensed Software no less protective of NVIDIA than those set forth in the AGREEMENT, and (ii) such Contractor\u2019s access and use expressly excludes any sublicensing or distribution rights for the Licensed Software. You are responsible for the compliance with the terms and conditions of the AGREEMENT by your Enterprise and Contractors. Any act or omission that, if committed by you, would constitute a breach of the AGREEMENT shall be deemed to constitute a breach of the AGREEMENT if committed by your Enterprise or Contractors.\n\n1.5 Services. Except as expressly indicated in an Order, NVIDIA is under no obligation to provide support for the Licensed Software or to provide any patches, maintenance, updates or upgrades under the AGREEMENT. Unless patches, maintenance, updates or upgrades are provided with their separate governing terms and conditions, they constitute Licensed Software licensed to you under the AGREEMENT.\n\n2. LIMITATIONS.\n\n2.1 License Restrictions. Except as expressly authorized in the AGREEMENT, you agree that you will not (nor authorize third parties to): (i) copy and use Software that was licensed to you for use in one or more NVIDIA hardware products in other unlicensed products (provided that copies solely for backup purposes are allowed); (ii) reverse engineer, decompile, disassemble (except to the extent applicable laws specifically require that such activities be permitted) or attempt to derive the source code, underlying ideas, algorithm or structure of Software provided to you in object code form; (iii) sell, transfer, assign, distribute, rent, loan, lease, sublicense or otherwise make available the Licensed Software or its functionality to third parties (a) as an application services provider or service bureau, (b) by operating hosted/virtual system environments, (c) by hosting, time sharing or providing any other type of services, or (d) otherwise by means of the internet; (iv) modify, translate or otherwise create any derivative works of any Licensed Software; (v) remove, alter, cover or obscure any proprietary notice that appears on or with the Licensed Software or any copies thereof; (vi) use the Licensed Software, or allow its use, transfer, transmission or export in violation of any applicable export control laws, rules or regulations; (vii) distribute, permit access to, or sublicense the Licensed Software as a stand-alone product;\n(viii) bypass, disable, circumvent or remove any form of copy protection, encryption, security or digital rights management or authentication mechanism used by NVIDIA in connection with the Licensed Software, or use the Licensed Software together with any authorization code, serial number, or other copy protection device not supplied by NVIDIA directly or through an authorized reseller; (ix) use the Licensed Software for the purpose of developing competing products or technologies or assisting a third party in such activities; (x) use the Licensed Software with any system or application where the use or failure of such system or application can reasonably be expected to threaten or result in personal injury, death, or catastrophic loss including, without limitation, use in connection with any nuclear, avionics, navigation, military, medical, life support or other life critical application (\u201cCritical Applications\u201d), unless the parties have entered into a Critical Applications agreement; (xi) distribute any modification or derivative work you make to the Licensed Software under or by reference to the same name as used by NVIDIA; or (xii) use the Licensed Software in any manner that would cause the Licensed Software to become subject to an Open Source License. Nothing in the AGREEMENT shall be construed to give you a right to use, or otherwise obtain access to, any source code from which the Software or any portion thereof is compiled or interpreted. You acknowledge that NVIDIA does not design, test, manufacture or certify the Licensed Software for use in the context of a Critical Application and NVIDIA shall not be liable to you or any third party, in whole or in part, for any claims or damages arising from such use. You agree to defend, indemnify and hold harmless NVIDIA and its Affiliates, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, fines, restitutions and expenses (including but not limited to attorney\u2019s fees and costs incident to establishing the right of indemnification) arising out of or related to you and your Enterprise, and their respective employees, contractors, agents, distributors, resellers, end users, officers and directors use of Licensed Software outside of the scope of the AGREEMENT or any other breach of the terms of the AGREEMENT.\n\n2.2 Third Party License Obligations. You acknowledge and agree that the Licensed Software may include or incorporate third party technology (collectively \u201cThird Party Components\u201d), which is provided for use in or with the Software and not otherwise used separately. If the Licensed Software includes or incorporates Third Party Components, then the third-party pass-through terms and conditions (\u201cThird Party Terms\u201d) for the particular Third Party Component will be bundled with the Software or otherwise made\n available online as indicated by NVIDIA and will be incorporated by reference into the AGREEMENT. In the event of any conflict between the terms in the AGREEMENT and the Third Party Terms, the Third Party Terms shall govern. Copyright to Third Party Components are held by the copyright holders indicated in the copyright notices indicated in the Third Party Terms.\n\nAudio/Video Encoders and Decoders. You acknowledge and agree that it is your sole responsibility to obtain any additional third party licenses required to make, have made, use, have used, sell, import, and offer for sale your products or services that include or incorporate any Third Party Components and content relating to audio and/or video encoders and decoders from, including but not limited to, Microsoft, Thomson, Fraunhofer IIS, Sisvel S.p.A., MPEG-LA, and Coding Technologies as NVIDIA does not grant to you under the AGREEMENT any necessary patent or other rights with respect to audio and/or video encoders and decoders.\n\n2.3 Limited Rights. Your rights in the Licensed Software are limited to those expressly granted under the AGREEMENT and no other licenses are granted whether by implication, estoppel or otherwise. NVIDIA reserves all rights, title and interest in and to the Licensed Software not expressly granted under the AGREEMENT.\n\n3. CONFIDENTIALITY. Neither party will use the other party\u2019s Confidential Information, except as necessary for the performance of the AGREEMENT, nor will either party disclose such Confidential Information to any third party, except to personnel of NVIDIA and its Affiliates, you, your Enterprise, your Enterprise Contractors, and each party\u2019s legal and financial advisors that have a need to know such Confidential Information for the performance of the AGREEMENT, provided that each such personnel, employee and Contractor is subject to a written agreement that includes confidentiality obligations consistent with those set forth herein. Each party will use all reasonable efforts to maintain the confidentiality of all of the other party\u2019s Confidential Information in its possession or control, but in no event less than the efforts that it ordinarily uses with respect to its own Confidential Information of similar nature and importance. The foregoing obligations will not restrict either party from disclosing the other party\u2019s Confidential Information or the terms and conditions of the AGREEMENT as required under applicable securities regulations or pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the party required to make such disclosure (i) gives reasonable notice to the other party to enable it to contest such order or requirement prior to its disclosure (whether through protective orders or otherwise), (ii) uses reasonable effort to obtain confidential treatment or similar protection to the fullest extent possible to avoid such public disclosure, and (iii) discloses only the minimum amount of information necessary to comply with such requirements.\n\n4. OWNERSHIP. You are not obligated to disclose to NVIDIA any modifications that you, your Enterprise or your Contractors make to the Licensed Software as permitted under the AGREEMENT. As between the parties, all modifications are owned by NVIDIA and licensed to you under the AGREEMENT unless otherwise expressly provided in a Supplement. The Licensed Software and all modifications owned by NVIDIA, and the respective Intellectual Property Rights therein, are and will remain the sole and exclusive property of NVIDIA or its licensors, whether the Licensed Software is separate from or combined with any other products or materials. You shall not engage in any act or omission that would impair NVIDIA\u2019s and/or its licensors\u2019 Intellectual Property Rights in the Licensed Software or any other materials, information, processes or subject matter proprietary to NVIDIA. NVIDIA\u2019s licensors are intended third party beneficiaries with the right to enforce provisions of the AGREEMENT with respect to their Confidential Information and/or Intellectual Property Rights.\n\n5. FEEDBACK. You have no obligation to provide Feedback to NVIDIA. However, NVIDIA and/or its Affiliates may use and include any Feedback that you provide to improve the Licensed Software or other NVIDIA products, technologies or materials. Accordingly, if you provide Feedback, you agree that NVIDIA and/or its Affiliates, at their option, may, and may permit their licensees, to make, have made, use, have used, reproduce, license, distribute and otherwise commercialize the Feedback in the Licensed Software or in other NVIDIA products, technologies or materials without the payment of any royalties or fees to you. All Feedback becomes the sole property of NVIDIA and may be used in any manner NVIDIA sees fit, and you hereby assign to NVIDIA all of your right, title and interest in and to any Feedback. NVIDIA has no obligation to respond to Feedback or to incorporate Feedback into the Licensed Software.\n\n6. NO WARRANTIES. THE LICENSED SOFTWARE AND ANY OTHER CONFIDENTIAL INFORMATION AND/OR SERVICES ARE PROVIDED BY NVIDIA \u201cAS IS\u201d AND \u201cWITH ALL FAULTS,\u201d AND NVIDIA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF OPERABILITY, CONDITION, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE BY NVIDIA ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. NVIDIA DOES NOT WARRANT THAT THE LICENSED SOFTWARE OR ANY OTHER CONFIDENTIAL INFORMATION AND/OR SERVICES PROVIDED BY NVIDIA UNDER THE AGREEMENT WILL MEET YOUR\n REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT NVIDIA\u2019S OBLIGATIONS UNDER THE AGREEMENT ARE FOR THE BENEFIT OF YOU ONLY.\nNothing in this warranty section affects any statutory rights of consumers or other recipients to the extent that they cannot be waived or limited by contract under applicable law.\n\n7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE USE OR PERFORMANCE OF THE LICENSED SOFTWARE AND ANY OTHER CONFIDENTIAL INFORMATION AND/OR SERVICES PROVIDED BY NVIDIA UNDER THE AGREEMENT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT WILL NVIDIA\u2019S TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THE AGREEMENT EXCEED THE NET AMOUNTS RECEIVED BY NVIDIA FOR YOUR USE OF THE PARTICULAR LICENSED SOFTWARE DURING THE TWELVE\n(12) MONTHS BEFORE THE LIABILITY AROSE (or up to US$10.00 if you acquired the Licensed Software for no charge). THE NATURE OF THE LIABILITY, THE NUMBER OF CLAIMS OR SUITS OR THE NUMBER OF PARTIES WITHIN YOUR ENTERPRISE THAT ACCEPTED THE TERMS OF THE AGREEMENT SHALL NOT ENLARGE OR EXTEND THIS LIMIT. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER NVIDIA OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. The disclaimers, exclusions and limitations of liability set forth in the AGREEMENT form an essential basis of the bargain between the parties, and, absent any such disclaimers, exclusions or limitations of liability, the provisions of the AGREEMENT, including, without limitation, the economic terms, would be substantially different.\n\n8. TERM AND TERMINATION.\n\n8.1 AGREEMENT, Licenses and Services. This SLA shall become effective upon the Effective Date, each Supplement upon their acceptance, and both this SLA and Supplements shall continue in effect until your last access or use of the Licensed Software and/or services hereunder, unless earlier terminated as provided in this \u201cTerm and Termination\u201d section. Each Licensed Software license ends at the earlier of (a) the expiration of the applicable license term, or (b) termination of such license or the AGREEMENT. Each service ends at the earlier of (x) the expiration of the applicable service term, (y) termination of such service or the AGREEMENT, or (z) expiration or termination of the associated license and no credit or refund will be provided upon the expiration or termination of the associated license for any service fees paid.\n\n8.2 Termination and Effect of Expiration or Termination. NVIDIA may terminate the AGREEMENT in whole or in part: (i) if you breach any term of the AGREEMENT and fail to cure such breach within thirty (30) days following notice thereof from NVIDIA (or immediately if you violate NVIDIA\u2019s Intellectual Property Rights); (ii) if you become the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filing, or if you cease to do business; or (iii) if you commence or participate in any legal proceeding against NVIDIA, with respect to the Licensed Software that is the subject of the proceeding during the pendency of such legal proceeding. If you or your authorized NVIDIA reseller fail to pay license fees or service fees when due then NVIDIA may, in its sole discretion, suspend or terminate your license grants, services and any other rights provided under the AGREEMENT for the affected Licensed Software, in addition to any other remedies NVIDIA may have at law or equity. Upon any expiration or termination of the AGREEMENT, a license or a service provided hereunder, (a) any amounts owed to NVIDIA become immediately due and payable, (b) you must promptly discontinue use of the affected Licensed Software and/or service, and (c) you must promptly destroy or return to NVIDIA all copies of the affected Licensed Software and all portions thereof in your possession or control, and each party will promptly destroy or return to the other all of the other party\u2019s Confidential Information within its possession or control. Upon written request, you will certify in writing that you have complied with your obligations under this section. Upon expiration or termination of the AGREEMENT all provisions survive except for the license grant provisions.\n\n9. CONSENT TO COLLECTION AND USE OF INFORMATION.\n\nYou hereby agree and acknowledge that the Software may access and collect non-personally identifiable information about your Enterprise computer systems in order to properly optimize such systems for use with the Software. To the extent that you use the Software, you hereby consent to all of the foregoing, and represent and warrant that you have the right to grant such consent. In addition, you agree that you are solely responsible for maintaining appropriate data backups and system restore points for your Enterprise systems, and that NVIDIA will have no responsibility for any damage or loss to such systems (including loss of data or access) arising from or relating to (a) any changes to the configuration, application settings, environment variables, registry, drivers,\n BIOS, or other attributes of the systems (or any part of such systems) initiated through the Software; or (b) installation of any Software or third party software patches initiated through the Software. In certain systems you may change your system update preferences by unchecking \"Automatically check for updates\" in the \"Preferences\" tab of the control panel for the Software.\n\nIn connection with the receipt of the Licensed Software or services you may receive access to links to third party websites and services and the availability of those links does not imply any endorsement by NVIDIA. NVIDIA encourages you to review the privacy statements on those sites and services that you choose to visit so that you can understand how they may collect, use and share personal information of individuals. NVIDIA is not responsible or liable for: (i) the availability or accuracy of such links; or (ii) the products, services or information available on or through such links; or (iii) the privacy statements or practices of sites and services controlled by other companies or organizations.\n\nTo the extent that you or members of your Enterprise provide to NVIDIA during registration or otherwise personal information, you acknowledge that such information will be collected, used and disclosed by NVIDIA in accordance with NVIDIA's privacy policy, available at URL http://www.nvidia.com/object/privacy_policy.html.\n\n10. GENERAL.\n\nThis SLA, any Supplements incorporated hereto, and Orders constitute the entire agreement of the parties with respect to the subject matter hereto and supersede all prior negotiations, conversations, or discussions between the parties relating to the subject matter hereto, oral or written, and all past dealings or industry custom. Any additional and/or conflicting terms and conditions on purchase order(s) or any other documents issued by you are null, void, and invalid. Any amendment or waiver under the AGREEMENT must be in writing and signed by representatives of both parties.\n\nThe AGREEMENT and the rights and obligations thereunder may not be assigned by you, in whole or in part, including by merger, consolidation, dissolution, operation of law, or any other manner, without written consent of NVIDIA, and any purported assignment in violation of this provision shall be void and of no effect. NVIDIA may assign, delegate or transfer the AGREEMENT and its rights and obligations hereunder, and if to a non-Affiliate you will be notified.\n\nEach party acknowledges and agrees that the other is an independent contractor in the performance of the AGREEMENT, and each party is solely responsible for all of its employees, agents, contractors, and labor costs and expenses arising in connection therewith. The parties are not partners, joint ventures or otherwise affiliated, and neither has any authority to make any statements, representations or commitments of any kind to bind the other party without prior written consent.\n\nNeither party will be responsible for any failure or delay in its performance under the AGREEMENT (except for any payment obligations) to the extent due to causes beyond its reasonable control for so long as such force majeure event continues in effect.\n\nThe AGREEMENT will be governed by and construed under the laws of the State of Delaware and the United States without regard to the conflicts of law provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The parties consent to the personal jurisdiction of the federal and state courts located in Santa Clara County, California. You acknowledge and agree that a breach of any of your promises or agreements contained in the AGREEMENT may result in irreparable and continuing injury to NVIDIA for which monetary damages may not be an adequate remedy and therefore NVIDIA is entitled to seek injunctive relief as well as such other and further relief as may be appropriate. If any court of competent jurisdiction determines that any provision of the AGREEMENT is illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. Unless otherwise specified, remedies are cumulative.\n\nThe Licensed Software has been developed entirely at private expense and is \u201ccommercial items\u201d consisting of \u201ccommercial computer software\u201d and \u201ccommercial computer software documentation\u201d provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in the AGREEMENT pursuant to DFARS 227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19, as applicable. Contractor/manufacturer is NVIDIA, 2701 San Tomas Expressway, Santa Clara, CA 95050.\n\nYou acknowledge that the Licensed Software described under the AGREEMENT is subject to export control under the U.S. Export Administration Regulations (EAR) and economic sanctions regulations administered by the U.S. Department of Treasury\u2019s Office of Foreign Assets Control (OFAC). Therefore, you may not export, reexport or transfer in-country the Licensed Software without first obtaining any license or other approval that may be required by BIS and/or OFAC. You are responsible for any violation of the U.S. or\n other applicable export control or economic sanctions laws, regulations and requirements related to the Licensed Software. By accepting this SLA, you confirm that you are not a resident or citizen of any country currently embargoed by the U.S. and that you are not otherwise prohibited from receiving the Licensed Software.\n\nAny notice delivered by NVIDIA to you under the AGREEMENT will be delivered via mail, email or fax. Please direct your legal notices or other correspondence to NVIDIA Corporation, 2701 San Tomas Expressway, Santa Clara, California 95050, United States of America, Attention: Legal Department.\n\nGLOSSARY OF TERMS\nCertain capitalized terms, if not otherwise defined elsewhere in this SLA, shall have the meanings set forth below:\n\u201cAffiliate\u201d means any legal entity that Owns, is Owned by, or is commonly Owned with a party. \u201cOwn\u201d means having more than 50% ownership or the right to direct the management of the entity.\n\u201cAGREEMENT\u201d means this SLA and all associated Supplements entered by the parties referencing this SLA.\n\u201cAuthorized Users\u201d means your Enterprise individual employees and any of your Enterprise\u2019s Contractors, subject to the terms of the \u201cEnterprise and Contractors Usage\u201d section.\n\u201cConfidential Information\u201d means the Licensed Software (unless made publicly available by NVIDIA without confidentiality obligations), and any NVIDIA business, marketing, pricing, research and development, know-how, technical, scientific, financial status, proposed new products or other information disclosed by NVIDIA to you which, at the time of disclosure, is designated in writing as confidential or proprietary (or like written designation), or orally identified as confidential or proprietary or is otherwise reasonably identifiable by parties exercising reasonable business judgment, as confidential. Confidential Information does not and will not include information that: (i) is or becomes generally known to the public through no fault of or breach of the AGREEMENT by the receiving party; (ii) is rightfully known by the receiving party at the time of disclosure without an obligation of confidentiality;\n(iii) is independently developed by the receiving party without use of the disclosing party\u2019s Confidential Information; or (iv) is rightfully obtained by the receiving party from a third party without restriction on use or disclosure.\n\u201cContractor\u201d means an individual who works primarily for your Enterprise on a contractor basis from your secure network.\n\u201cDocumentation\u201d means the NVIDIA documentation made available for use with the Software, including (without limitation) user manuals, datasheets, operations instructions, installation guides, release notes and other materials provided to you under the AGREEMENT.\n\u201cEnterprise\u201d means you or any company or legal entity for which you accepted the terms of this SLA, and their subsidiaries of which your company or legal entity owns more than fifty percent (50%) of the issued and outstanding equity.\n\u201cFeedback\u201d means any and all suggestions, feature requests, comments or other feedback regarding the Licensed Software, including possible enhancements or modifications thereto.\n\u201cIntellectual Property Rights\u201d means all patent, copyright, trademark, trade secret, trade dress, trade names, utility models, mask work, moral rights, rights of attribution or integrity service marks, master recording and music publishing rights, performance rights, author\u2019s rights, database rights, registered design rights and any applications for the protection or registration of these rights, or other intellectual or industrial property rights or proprietary rights, howsoever arising and in whatever media, whether now known or hereafter devised, whether or not registered, (including all claims and causes of action for infringement, misappropriation or violation and all rights in any registrations and renewals), worldwide and whether existing now or in the future.\n\u201cLicensed Software\u201d means Software, Documentation and all modifications owned by NVIDIA.\n\u201cOpen Source License\u201d includes, without limitation, a software license that requires as a condition of use, modification, and/or distribution of such software that the Software be (i) disclosed or distributed in source code form; (ii) be licensed for the purpose of making derivative works; or (iii) be redistributable at no charge.\n\u201cOrder\u201d means a purchase order issued by you, a signed purchase agreement with you, or other ordering document issued by you to NVIDIA or a NVIDIA authorized reseller (including any on-line acceptance process) that references and incorporates the AGREEMENT and is accepted by NVIDIA.\n\u201cSoftware\u201d means the NVIDIA software programs licensed to you under the AGREEMENT including, without limitation, libraries, sample code, utility programs and programming code.\n\u201cSupplement\u201d means the additional terms and conditions beyond those stated in this SLA that apply to certain Licensed Software licensed hereunder.\n VISIONWORKS SUPPLEMENT TO SOFTWARE LICENSE AGREEMENT\nRelease date: April 25, 2017\n\nThe terms set forth in this VisionWorks Supplement (\u201cSupplement\u201d) govern your use of the NVIDIA VisionWorks toolkit (the \u201cVisionWorks Licensed Software\u201d) under the terms of your software license agreement (\u201cSLA\u201d) as modified by this Supplement. This Supplement is an exhibit to the SLA and is hereby incorporated as an integral part thereto. Capitalized terms used but not defined herein shall have the meaning assigned to them in the SLA. In the event of conflict between the terms in this Supplement and the terms in the SLA, this Supplement shall control.\n\n1. SAMPLE SOURCE CODE MODIFICATION, OWNERSHIP AND DISTRIBUTION. Subject to the terms of the SLA and this Supplement, NVIDIA hereby grants you a non-exclusive, non-transferable license, without the right to sublicense, during the applicable license term unless earlier terminated pursuant to the SLA, to have Authorized Users modify and create derivative works of VisionWorks Licensed Software that constitutes sample source code, when provided to you by NVIDIA in source code form. You hold all rights, title and interest in and to your modifications and derivative works of the sample source code software that you create as permitted hereunder (collective, Derivatives\u201d), subject to NVIDIA\u2019s underlying Intellectual Property Rights in and to the VisionWorks Licensed Software; provided, however that you grant NVIDIA and its Affiliates an irrevocable, perpetual, nonexclusive, worldwide, royalty-free paid-up license to make, have made, use, have used, reproduce, license, distribute, sublicense, transfer and otherwise commercialize Derivatives including (without limitation) with the VisionWorks Licensed Software or other NVIDIA products, technologies or materials. You may distribute the sample source code as delivered by NVIDIA and/or your Derivatives, provided that all NVIDIA copyright notices and trademarks are maintained and used properly and the sample source code includes the following notice: \u201cThis software contains source code provided by NVIDIA Corporation.\u201d\n\n2. VISIONWORKS DISTRIBUTION. Subject to the terms of the SLA and this Supplement, NVIDIA hereby grants you a non-exclusive, non-transferable license during the applicable license term unless earlier terminated pursuant to the SLA, to distribute the libraries when delivered to you as part of the VisionWorks Licensed Software in source code form or binary form (but not when provided to you as part of a hardware product), subject to the following: such distribution is solely in binary form to your licensees (\u201cCustomers\u201d) only as a component of your own software products having additional material functionality beyond the VisionWorks Licensed Software (each, a \"Licensee Application\"), and each Licensee Application is intended solely for use on Jetson development kits or Jetson modules and running Linux for Tegra software. Subject to the terms and conditions of the SLA and this Supplement, you may further authorize Customers to redistribute the libraries as incorporated into a Licensee Application, solely in binary form, provided, however, that you shall require in your agreements with your Customers that their distributions be on terms at least as restrictive as those applicable for your use of such VisionWorks Licensed Software within a Licensee Application. The expiration or termination of your licenses to the above described VisionWorks Licensed Software under the SLA and this Supplement will not affect rights previously granted by you to recipients that were in compliance with the SLA and this Supplement.\n\nIn addition to the rights above, for parties that are developing software intended solely for use on Jetson development kits or Jetson modules and running Linux for Tegra software the following shall apply: VisionWorks Licensed Software licensed hereunder may be distributed in its entirety, as provided by NVIDIA and without separation of its components, for you and/or your licensees to create software development kits for use only on the Jetson platform and running Linux for Tegra software. You shall require in your agreements with your licensees that their distributions be on terms at least as restrictive as those applicable for your distribution of VisionWorks Licensed Software as described in this Section 2.\n\nThe above is subject to the following: (a) all distributions by you or your distribution channels must be consistent with the terms of the AGREEMENT; (b) the distributed Licensed Software must include valid copyright notices indicating NVIDIA\u2019s ownership of the Licensed Software and (if permitted) modifications; and (c) you must enter into enforceable agreements that pass down terms consistent with the terms set forth in the AGREEMENT for use of the distributable Licensed Software, including (without limitation) terms relating to the license grant and license restrictions, confidentiality and protection of NVIDIA\u2019s Intellectual Property Rights in and to the Licensed Software. You are liable for the distribution and use of VisionWorks Licensed Software if you failed to comply with the distribution requirements of this Supplement. You agree to notify NVIDIA in writing of any known or suspected distribution or use of the VisionWorks Licensed Software not in compliance with the terms of the AGREEMENT, and to enforce the terms of your agreements with respect to VisionWorks Licensed Software you distributed.\n\n3. LICENSE DURATION. Each VisionWorks Licensed Software is licensed to you for an initial duration of two years starting from the date of delivery or download. The licenses granted will automatically renew for successive one year periods, provided that NVIDIA reserves the right to terminate licenses upon ninety days (90) days written notice to you prior to the commencement of a renewal year in addition to the termination rights set forth in the SLA.\n 4. AUDIT. During the term of the AGREEMENT and for three (3) years thereafter, you will maintain all usual and proper books and records of account relating to the VisionWorks Licensed Software provided under the AGREEMENT. During such period and upon written notice to you, NVIDIA or its authorized third party auditors subject to confidentiality obligations will have the right to inspect and audit your Enterprise books and records for the purpose of confirming compliance with the terms of the AGREEMENT. Any such inspection and audit will be conducted during regular business hours and no more frequently than annually unless non-compliance was previously found. If such an inspection and audit reveals a material non-conformance with the terms of the AGREEMENT, then you will pay NVIDIA\u2019s reasonable costs of conducting the inspection and audit. Further, you agree that the party delivering the VisionWorks Licensed Software to you may collect and disclose to NVIDIA information for NVIDIA to verify your compliance with the terms of the AGREEMENT including (without limitation) information regarding your use of the VisionWorks Licensed Software.\n\n5. EXPIRATION OF TERMINATION OF THIS SUPPLEMENT. Your failure to comply with the terms of this Supplement is ground for termination for breach by NVIDIA under the SLA. This Supplement will automatically expire or terminate upon the expiration or termination of your rights to VisionWorks Licensed Software under the SLA or this Supplement.\n", "alias": "license_visionworks", "name": "VisionWorks/OpenCV Licenses" }, { "content": "License For Customer Use of NVIDIA Software \n\n\nIMPORTANT NOTICE -- READ CAREFULLY: This License For Customer Use of NVIDIA Software (\"LICENSE\") is the agreement which governs use of the software of NVIDIA Corporation and its subsidiaries (\"NVIDIA\") downloadable herefrom, including computer software and associated printed materials (\"SOFTWARE\"). By downloading, installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, do not download the SOFTWARE.\n\nRECITALS\n\nUse of NVIDIA's products requires three elements: the SOFTWARE, the hardware on a graphics controller board, and a personal computer. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is not sold, and instead is only licensed for use, strictly in accordance with this document. The hardware is protected by various patents, and is sold, but this agreement does not cover that sale, since it may not necessarily be sold as a package with the SOFTWARE. This agreement sets forth the terms and conditions of the SOFTWARE LICENSE only.\n\n1. DEFINITIONS\n\n1.1 Customer. Customer means the entity or individual that downloads the SOFTWARE.\n\n2. GRANT OF LICENSE\n\n2.1 Rights and Limitations of Grant. NVIDIA hereby grants Customer the following non-exclusive, non-transferable right to use the SOFTWARE, with the following limitations:\n\n2.1.1 Rights. Customer may install and use multiple copies of the SOFTWARE on a shared computer or concurrently on different computers, and make multiple back-up copies of the SOFTWARE, solely for Customer's use within Customer's Enterprise. \"Enterprise\" shall mean individual use by Customer or any legal entity (such as a corporation or university) and the subsidiaries it owns by more than fifty percent (50%).\n\n2.1.2 Linux/FreeBSD Exception. Notwithstanding the foregoing terms of Section 2.1.1, SOFTWARE designed exclusively for use on the Linux or FreeBSD operating systems, or other operating systems derived from the source code to these operating systems, may be copied and redistributed, provided that the binary files thereof are not modified in any way (except for unzipping of compressed files).\n\n2.1.3 Limitations.\n\nNo Reverse Engineering. Customer may not reverse engineer, decompile, or disassemble the SOFTWARE, nor attempt in any other manner to obtain the source code.\n\nNo Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer, nor otherwise used separately from the other parts.\n\nNo Rental. Customer may not rent or lease the SOFTWARE to someone else.\n\n3. TERMINATION\n\nThis LICENSE will automatically terminate if Customer fails to comply with any of the terms and conditions hereof. In such event, Customer must destroy all copies of the SOFTWARE and all of its component parts.\n\nDefensive Suspension. If Customer commences or participates in any legal proceeding against NVIDIA, then NVIDIA may, in its sole discretion, suspend or terminate all license grants and any other rights provided under this LICENSE during the pendency of such legal proceedings.\n\n4. COPYRIGHT\n\nAll title and copyrights in and to the SOFTWARE (including but not limited to all images, photographs, animations, video, audio, music, text, and other information incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by NVIDIA, or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Accordingly, Customer is required to treat the SOFTWARE like any other copyrighted material, except as otherwise allowed pursuant to this LICENSE and that it may make one copy of the SOFTWARE solely for backup or archive purposes.\n\n5. APPLICABLE LAW\n\nThis agreement shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of California.\n\n6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY\n\n6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED \"AS IS\" AND NVIDIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.\n\n6.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.\n\n7. MISCELLANEOUS \n\nThe United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. If any provision of this LICENSE is inconsistent with, or cannot be fully enforced under, the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This agreement is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. Customer agrees that it will not ship, transfer or export the SOFTWARE into any country, or use the SOFTWARE in any manner, prohibited by the United States Bureau of Export Administration or any export laws, restrictions or regulations. This LICENSE may only be modified in writing signed by an authorized officer of NVIDIA.", "alias": "license_bsp", "name": "OS License" }, { "content": "If you are receiving TensorRT under the NVIDIA Prerelease License Agreement (also known as NPLA) or under the NVIDIA Software License Agreement (previously known as the NVIDIA Tegra Software License Agreement), your use of TensorRT is governed by such applicable terms and conditions. All other uses of TensorRT are governed by the terms and conditions of the below license agreement.\n\nNVIDIA SOFTWARE LICENSE AGREEMENT\nRelease Date: October 20, 2016\nIMPORTANT \u2013 READ BEFORE DOWNLOADING, INSTALLING, COPYING OR USING THE LICENSED SOFTWARE\nThis Software License Agreement (\"SLA\u201d), made and entered into as of the time and date of click through action (\u201cEffective Date\u201d), is a legal agreement between you and NVIDIA Corporation (\"NVIDIA\") and governs the use of the NVIDIA computer software and the documentation made available for use with such NVIDIA software. By downloading, installing, copying, or otherwise using the NVIDIA software and/or documentation, you agree to be bound by the terms of this SLA. If you do not agree to the terms of this SLA, do not download, install, copy or use the NVIDIA software or documentation. IF YOU ARE ENTERING INTO THIS SLA ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE ENTITY TO THIS SLA, IN WHICH CASE \u201cYOU\u201d WILL MEAN THE ENTITY YOU REPRESENT. IF YOU DON\u2019T HAVE SUCH AUTHORITY, OR IF YOU DON\u2019T ACCEPT ALL THE TERMS AND CONDITIONS OF THIS SLA, THEN NVIDIA DOES NOT AGREE TO LICENSE THE LICENSED SOFTWARE TO YOU, AND YOU MAY NOT DOWNLOAD, INSTALL, COPY OR USE IT.\n1. LICENSE.\n1.1 License Grant. Subject to the terms of the AGREEMENT, NVIDIA hereby grants you a non-exclusive, non-transferable license, without the right to sublicense (except as expressly set forth in a Supplement), during the applicable license term unless earlier terminated as provided below, to have Authorized Users install and use the Software, including modifications (if expressly permitted in a Supplement), in accordance with the Documentation. You are only licensed to activate and use Licensed Software for which you a have a valid license, even if during the download or installation you are presented with other product options. No Orders are binding on NVIDIA until accepted by NVIDIA. Your Orders are subject to the AGREEMENT.\nSLA Supplements: Certain Licensed Software licensed under this SLA may be subject to additional terms and conditions that will be presented to you in a Supplement for acceptance prior to the delivery of such Licensed Software under this SLA and the applicable Supplement. Licensed Software will only be delivered to you upon your acceptance of all applicable terms.\n1.2 Limited Purpose Licenses. If your license is provided for one of the purposes indicated below, then notwithstanding contrary terms in Section 1.1 or in a Supplement, such licenses are for internal use and do not include any right or license to sub-license and distribute the Licensed Software or its output in any way in any public release, however limited, and/or in any manner that provides third parties with use of or access to the Licensed Software or its functionality or output, including (but not limited to) external alpha or beta testing or development phases. Further:\n(i) Evaluation License. You may use evaluation licenses solely for your internal evaluation of the Licensed Software for broader adoption within your Enterprise or in connection with a NVIDIA product purchase decision, and such licenses have an expiration date as indicated by NVIDIA in its sole discretion (or ninety days from the date of download if no other duration is indicated).\n(ii) Educational/Academic License. You may use educational/academic licenses solely for educational purposes and all users must be enrolled or employed by an academic institution. If you do not meet NVIDIA\u2019s academic program requirements for educational institutions, you have no rights under this license.\n(iii) Test/Development License. You may use test/development licenses solely for your internal development, testing and/or debugging of your software applications or for interoperability testing with the Licensed Software, and such licenses have an expiration date as indicated by NVIDIA in its sole discretion (or one year from the date of download if no other duration is indicated). NVIDIA Confidential Information under the AGREEMENT includes output from Licensed Software developer tools identified as \u201cPro\u201d versions, where the output reveals functionality or performance data pertinent to NVIDIA hardware or software products.\n1.3 Pre-Release Licenses. With respect to alpha, beta, preview, and other pre-release Software and Documentation (\u201cPre-Release Licensed Software\u201d) delivered to you under the AGREEMENT you acknowledge and agree that such Pre-Release Licensed Software (i) may not be fully functional, may contain errors or design flaws, and may have reduced or different security, privacy, accessibility, availability, and reliability standards relative to commercially provided NVIDIA software and documentation, and (ii) use of such Pre-Release Licensed Software may result in unexpected results, loss of data, project delays or other unpredictable damage or loss. THEREFORE, PRE-RELEASE LICENSED SOFTWARE IS NOT INTENDED FOR USE, AND SHOULD NOT BE USED, IN PRODUCTION OR BUSINESS-CRITICAL SYSTEMS. NVIDIA has no obligation to make available a commercial version of any Pre-Release Licensed Software and NVIDIA has the right to abandon development of Pre-Release Licensed Software at any time without liability.\n1.4 Enterprise and Contractor Usage. You may allow your Enterprise employees and Contractors to access and use the Licensed Software pursuant to the terms of the AGREEMENT solely to perform work on your behalf, provided further that with respect to Contractors: (i) you obtain a written agreement from each Contractor which contains terms and obligations with respect to access to and use of Licensed Software no less protective of NVIDIA than those set forth in the AGREEMENT, and (ii) such Contractor\u2019s access and use expressly excludes any sublicensing or distribution rights for the Licensed Software. You are responsible for the compliance with the terms and conditions of the AGREEMENT by your Enterprise and Contractors. Any act or omission that, if committed by you, would constitute a breach of the AGREEMENT shall be deemed to constitute a breach of the AGREEMENT if committed by your Enterprise or Contractors.\n1.5 Services. Except as expressly indicated in an Order, NVIDIA is under no obligation to provide support for the Licensed Software or to provide any patches, maintenance, updates or upgrades under the AGREEMENT. Unless patches, maintenance, updates or upgrades are provided with their separate governing terms and conditions, they constitute Licensed Software licensed to you under the AGREEMENT.\n2. LIMITATIONS.\n2.1 License Restrictions. Except as expressly authorized in the AGREEMENT, you agree that you will not (nor authorize third parties to): (i) copy and use Software that was licensed to you for use in one or more NVIDIA hardware products in other unlicensed products (provided that copies solely for backup purposes are allowed); (ii) reverse engineer, decompile, disassemble (except to the extent applicable laws specifically require that such activities be permitted) or attempt to derive the source code, underlying ideas, algorithm or structure of Software provided to you in object code form; (iii) sell, transfer, assign, distribute, rent, loan, lease, sublicense or otherwise make available the Licensed Software or its functionality to third parties (a) as an application services provider or service bureau, (b) by operating hosted/virtual system environments, (c) by hosting, time sharing or providing any other type of services, or (d) otherwise by means of the internet; (iv) modify, translate or otherwise create any derivative works of any Licensed Software; (v) remove, alter, cover or obscure any proprietary notice that appears on or with the Licensed Software or any copies thereof; (vi) use the Licensed Software, or allow its use, transfer, transmission or export in violation of any applicable export control laws, rules or regulations; (vii) distribute, permit access to, or sublicense the Licensed Software as a stand-alone product; (viii) bypass, disable, circumvent or remove any form of copy protection, encryption, security or digital rights management or authentication mechanism used by NVIDIA in connection with the Licensed Software, or use the Licensed Software together with any authorization code, serial number, or other copy protection device not supplied by NVIDIA directly or through an authorized reseller; (ix) use the Licensed Software for the purpose of developing competing products or technologies or assisting a third party in such activities; (x) use the Licensed Software with any system or application where the use or failure of such system or application can reasonably be expected to threaten or result in personal injury, death, or catastrophic loss including, without limitation, use in connection with any nuclear, avionics, navigation, military, medical, life support or other life critical application (\u201cCritical Applications\u201d), unless the parties have entered into a Critical Applications agreement; (xi) distribute any modification or derivative work you make to the Licensed Software under or by reference to the same name as used by NVIDIA; or (xii) use the Licensed Software in any manner that would cause the Licensed Software to become subject to an Open Source License. Nothing in the AGREEMENT shall be construed to give you a right to use, or otherwise obtain access to, any source code from which the Software or any portion thereof is compiled or interpreted. You acknowledge that NVIDIA does not design, test, manufacture or certify the Licensed Software for use in the context of a Critical Application and NVIDIA shall not be liable to you or any third party, in whole or in part, for any claims or damages arising from such use. You agree to defend, indemnify and hold harmless NVIDIA and its Affiliates, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, fines, restitutions and expenses (including but not limited to attorney\u2019s fees and costs incident to establishing the right of indemnification) arising out of or related to you and your Enterprise, and their respective employees, contractors, agents, distributors, resellers, end users, officers and directors use of Licensed Software outside of the scope of the AGREEMENT or any other breach of the terms of the AGREEMENT.\n2.2 Third Party License Obligations. You acknowledge and agree that the Licensed Software may include or incorporate third party technology (collectively \u201cThird Party Components\u201d), which is provided for use in or with the Software and not otherwise used separately. If the Licensed Software includes or incorporates Third Party Components, then the third-party pass-through terms and conditions (\u201cThird Party Terms\u201d) for the particular Third Party Component will be bundled with the Software or otherwise made available online as indicated by NVIDIA and will be incorporated by reference into the AGREEMENT. In the event of any conflict between the terms in the AGREEMENT and the Third Party Terms, the Third Party Terms shall govern. Copyright to Third Party Components are held by the copyright holders indicated in the copyright notices indicated in the Third Party Terms.\nAudio/Video Encoders and Decoders. You acknowledge and agree that it is your sole responsibility to obtain any additional third party licenses required to make, have made, use, have used, sell, import, and offer for sale your products or services that include or incorporate any Third Party Components and content relating to audio and/or video encoders and decoders from, including but not limited to, Microsoft, Thomson, Fraunhofer IIS, Sisvel S.p.A., MPEG-LA, and Coding Technologies as NVIDIA does not grant to you under the AGREEMENT any necessary patent or other rights with respect to audio and/or video encoders and decoders.\n2.3 Limited Rights. Your rights in the Licensed Software are limited to those expressly granted under the AGREEMENT and no other licenses are granted whether by implication, estoppel or otherwise. NVIDIA reserves all rights, title and interest in and to the Licensed Software not expressly granted under the AGREEMENT.\n3. CONFIDENTIALITY. Neither party will use the other party\u2019s Confidential Information, except as necessary for the performance of the AGREEMENT, nor will either party disclose such Confidential Information to any third party, except to personnel of NVIDIA and its Affiliates, you, your Enterprise, your Enterprise Contractors, and each party\u2019s legal and financial advisors that have a need to know such Confidential Information for the performance of the AGREEMENT, provided that each such personnel, employee and Contractor is subject to a written agreement that includes confidentiality obligations consistent with those set forth herein. Each party will use all reasonable efforts to maintain the confidentiality of all of the other party\u2019s Confidential Information in its possession or control, but in no event less than the efforts that it ordinarily uses with respect to its own Confidential Information of similar nature and importance. The foregoing obligations will not restrict either party from disclosing the other party\u2019s Confidential Information or the terms and conditions of the AGREEMENT as required under applicable securities regulations or pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the party required to make such disclosure (i) gives reasonable notice to the other party to enable it to contest such order or requirement prior to its disclosure (whether through protective orders or otherwise), (ii) uses reasonable effort to obtain confidential treatment or similar protection to the fullest extent possible to avoid such public disclosure, and (iii) discloses only the minimum amount of information necessary to comply with such requirements.\n4. OWNERSHIP. You are not obligated to disclose to NVIDIA any modifications that you, your Enterprise or your Contractors make to the Licensed Software as permitted under the AGREEMENT. As between the parties, all modifications are owned by NVIDIA and licensed to you under the AGREEMENT unless otherwise expressly provided in a Supplement. The Licensed Software and all modifications owned by NVIDIA, and the respective Intellectual Property Rights therein, are and will remain the sole and exclusive property of NVIDIA or its licensors, whether the Licensed Software is separate from or combined with any other products or materials. You shall not engage in any act or omission that would impair NVIDIA\u2019s and/or its licensors\u2019 Intellectual Property Rights in the Licensed Software or any other materials, information, processes or subject matter proprietary to NVIDIA. NVIDIA\u2019s licensors are intended third party beneficiaries with the right to enforce provisions of the AGREEMENT with respect to their Confidential Information and/or Intellectual Property Rights.\n5. FEEDBACK. You have no obligation to provide Feedback to NVIDIA. However, NVIDIA and/or its Affiliates may use and include any Feedback that you provide to improve the Licensed Software or other NVIDIA products, technologies or materials. Accordingly, if you provide Feedback, you agree that NVIDIA and/or its Affiliates, at their option, may, and may permit their licensees, to make, have made, use, have used, reproduce, license, distribute and otherwise commercialize the Feedback in the Licensed Software or in other NVIDIA products, technologies or materials without the payment of any royalties or fees to you. All Feedback becomes the sole property of NVIDIA and may be used in any manner NVIDIA sees fit, and you hereby assign to NVIDIA all of your right, title and interest in and to any Feedback. NVIDIA has no obligation to respond to Feedback or to incorporate Feedback into the Licensed Software.\n6. NO WARRANTIES. THE LICENSED SOFTWARE AND ANY OTHER CONFIDENTIAL INFORMATION AND/OR SERVICES ARE PROVIDED BY NVIDIA \u201cAS IS\u201d AND \u201cWITH ALL FAULTS,\u201d AND NVIDIA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF OPERABILITY, CONDITION, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE BY NVIDIA ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. NVIDIA DOES NOT WARRANT THAT THE LICENSED SOFTWARE OR ANY OTHER CONFIDENTIAL INFORMATION AND/OR SERVICES PROVIDED BY NVIDIA UNDER THE AGREEMENT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT NVIDIA\u2019S OBLIGATIONS UNDER THE AGREEMENT ARE FOR THE BENEFIT OF YOU ONLY. Nothing in this warranty section affects any statutory rights of consumers or other recipients to the extent that they cannot be waived or limited by contract under applicable law.\n7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE USE OR PERFORMANCE OF THE LICENSED SOFTWARE AND ANY OTHER CONFIDENTIAL INFORMATION AND/OR SERVICES PROVIDED BY NVIDIA UNDER THE AGREEMENT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT WILL NVIDIA\u2019S TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THE AGREEMENT EXCEED THE NET AMOUNTS RECEIVED BY NVIDIA FOR YOUR USE OF THE PARTICULAR LICENSED SOFTWARE DURING THE TWELVE (12) MONTHS BEFORE THE LIABILITY AROSE (or up to US$10.00 if you acquired the Licensed Software for no charge). THE NATURE OF THE LIABILITY, THE NUMBER OF CLAIMS OR SUITS OR THE NUMBER OF PARTIES WITHIN YOUR ENTERPRISE THAT ACCEPTED THE TERMS OF THE AGREEMENT SHALL NOT ENLARGE OR EXTEND THIS LIMIT. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER NVIDIA OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. The disclaimers, exclusions and limitations of liability set forth in the AGREEMENT form an essential basis of the bargain between the parties, and, absent any such disclaimers, exclusions or limitations of liability, the provisions of the AGREEMENT, including, without limitation, the economic terms, would be substantially different.\n8. TERM AND TERMINATION.\n8.1 AGREEMENT, Licenses and Services. This SLA shall become effective upon the Effective Date, each Supplement upon their acceptance, and both this SLA and Supplements shall continue in effect until your last access or use of the Licensed Software and/or services hereunder, unless earlier terminated as provided in this \u201cTerm and Termination\u201d section. Each Licensed Software license ends at the earlier of (a) the expiration of the applicable license term, or (b) termination of such license or the AGREEMENT. Each service ends at the earlier of (x) the expiration of the applicable service term, (y) termination of such service or the AGREEMENT, or (z) expiration or termination of the associated license and no credit or refund will be provided upon the expiration or termination of the associated license for any service fees paid.\n8.2 Termination and Effect of Expiration or Termination. NVIDIA may terminate the AGREEMENT in whole or in part: (i) if you breach any term of the AGREEMENT and fail to cure such breach within thirty (30) days following notice thereof from NVIDIA (or immediately if you violate NVIDIA\u2019s Intellectual Property Rights); (ii) if you become the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filing, or if you cease to do business; or (iii) if you commence or participate in any legal proceeding against NVIDIA, with respect to the Licensed Software that is the subject of the proceeding during the pendency of such legal proceeding. If you or your authorized NVIDIA reseller fail to pay license fees or service fees when due then NVIDIA may, in its sole discretion, suspend or terminate your license grants, services and any other rights provided under the AGREEMENT for the affected Licensed Software, in addition to any other remedies NVIDIA may have at law or equity. Upon any expiration or termination of the AGREEMENT, a license or a service provided hereunder, (a) any amounts owed to NVIDIA become immediately due and payable, (b) you must promptly discontinue use of the affected Licensed Software and/or service, and (c) you must promptly destroy or return to NVIDIA all copies of the affected Licensed Software and all portions thereof in your possession or control, and each party will promptly destroy or return to the other all of the other party\u2019s Confidential Information within its possession or control. Upon written request, you will certify in writing that you have complied with your obligations under this section. Upon expiration or termination of the AGREEMENT all provisions survive except for the license grant provisions.\n9. CONSENT TO COLLECTION AND USE OF INFORMATION.\nYou hereby agree and acknowledge that the Software may access, collect non-personally identifiable information about your Enterprise computer systems in order to properly optimize such systems for use with the Software. To the extent that you use the Software, you hereby consent to all of the foregoing, and represent and warrant that you have the right to grant such consent. In addition, you agree that you are solely responsible for maintaining appropriate data backups and system restore points for your Enterprise systems, and that NVIDIA will have no responsibility for any damage or loss to such systems (including loss of data or access) arising from or relating to (a) any changes to the configuration, application settings, environment variables, registry, drivers, BIOS, or other attributes of the systems (or any part of such systems) initiated through the Software; or (b) installation of any Software or third party software patches initiated through the Software. In certain systems you may change your system update preferences by unchecking \"Automatically check for updates\" in the \"Preferences\" tab of the control panel for the Software.\nIn connection with the receipt of the Licensed Software or services you may receive access to links to third party websites and services and the availability of those links does not imply any endorsement by NVIDIA. NVIDIA encourages you to review the privacy statements on those sites and services that you choose to visit so that you can understand how they may collect, use and share personal information of individuals. NVIDIA is not responsible or liable for: (i) the availability or accuracy of such links; or (ii) the products, services or information available on or through such links; or (iii) the privacy statements or practices of sites and services controlled by other companies or organizations.\nTo the extent that you or members of your Enterprise provide to NVIDIA during registration or otherwise personal information, you acknowledge that such information will be collected, used and disclosed by NVIDIA in accordance with NVIDIA's privacy policy, available at URL http://www.nvidia.com/object/privacy_policy.html.\n10. GENERAL.\nThis SLA, any Supplements incorporated hereto, and Orders constitute the entire agreement of the parties with respect to the subject matter hereto and supersede all prior negotiations, conversations, or discussions between the parties relating to the subject matter hereto, oral or written, and all past dealings or industry custom. Any additional and/or conflicting terms and conditions on purchase order(s) or any other documents issued by you are null, void, and invalid. Any amendment or waiver under the AGREEMENT must be in writing and signed by representatives of both parties.\nThe AGREEMENT and the rights and obligations thereunder may not be assigned by you, in whole or in part, including by merger, consolidation, dissolution, operation of law, or any other manner, without written consent of NVIDIA, and any purported assignment in violation of this provision shall be void and of no effect. NVIDIA may assign, delegate or transfer the AGREEMENT and its rights and obligations hereunder, and if to a non-Affiliate you will be notified.\nEach party acknowledges and agrees that the other is an independent contractor in the performance of the AGREEMENT, and each party is solely responsible for all of its employees, agents, contractors, and labor costs and expenses arising in connection therewith. The parties are not partners, joint ventures or otherwise affiliated, and neither has any authority to make any statements, representations or commitments of any kind to bind the other party without prior written consent.\nNeither party will be responsible for any failure or delay in its performance under the AGREEMENT (except for any payment obligations) to the extent due to causes beyond its reasonable control for so long as such force majeure event continues in effect.\nThe AGREEMENT will be governed by and construed under the laws of the State of Delaware and the United States without regard to the conflicts of law provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The parties consent to the personal jurisdiction of the federal and state courts located in Santa Clara County, California. You acknowledge and agree that a breach of any of your promises or agreements contained in the AGREEMENT may result in irreparable and continuing injury to NVIDIA for which monetary damages may not be an adequate remedy and therefore NVIDIA is entitled to seek injunctive relief as well as such other and further relief as may be appropriate. If any court of competent jurisdiction determines that any provision of the AGREEMENT is illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. Unless otherwise specified, remedies are cumulative.\nThe Licensed Software has been developed entirely at private expense and is \u201ccommercial items\u201d consisting of \u201ccommercial computer software\u201d and \u201ccommercial computer software documentation\u201d provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in the AGREEMENT pursuant to DFARS 227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19, as applicable. Contractor/manufacturer is NVIDIA, 2701 San Tomas Expressway, Santa Clara, CA 95050.\nYou acknowledge that the Licensed Software described under the AGREEMENT is subject to export control under the U.S. Export Administration Regulations (EAR) and economic sanctions regulations administered by the U.S. Department of Treasury\u2019s Office of Foreign Assets Control (OFAC). Therefore, you may not export, reexport or transfer in-country the Licensed Software without first obtaining any license or other approval that may be required by BIS and/or OFAC. You are responsible for any violation of the U.S. or other applicable export control or economic sanctions laws, regulations and requirements related to the Licensed Software. By accepting this SLA, you confirm that you are not a resident or citizen of any country currently embargoed by the U.S. and that you are not otherwise prohibited from receiving the Licensed Software.\nAny notice delivered by NVIDIA to you under the AGREEMENT will be delivered via mail, email or fax. Please direct your legal notices or other correspondence to NVIDIA Corporation, 2701 San Tomas Expressway, Santa Clara, California 95050, United States of America, Attention: Legal Department.\nGLOSSARY OF TERMS\nCertain capitalized terms, if not otherwise defined elsewhere in this SLA, shall have the meanings set forth below:\na. \u201cAffiliate\u201d means any legal entity that Owns, is Owned by, or is commonly Owned with a party. \u201cOwn\u201d means having more than 50% ownership or the right to direct the management of the entity.\nb. \u201cAGREEMENT\u201d means this SLA and all associated Supplements entered by the parties referencing this SLA.\nc. \u201cAuthorized Users\u201d means your Enterprise individual employees and any of your Enterprise\u2019s Contractors, subject to the terms of the \u201cEnterprise and Contractors Usage\u201d section.\nd. \u201cConfidential Information\u201d means the Licensed Software (unless made publicly available by NVIDIA without confidentiality obligations), and any NVIDIA business, marketing, pricing, research and development, know-how, technical, scientific, financial status, proposed new products or other information disclosed by NVIDIA to you which, at the time of disclosure, is designated in writing as confidential or proprietary (or like written designation), or orally identified as confidential or proprietary or is otherwise reasonably identifiable by parties exercising reasonable business judgment, as confidential. Confidential Information does not and will not include information that: (i) is or becomes generally known to the public through no fault of or breach of the AGREEMENT by the receiving party; (ii) is rightfully known by the receiving party at the time of disclosure without an obligation of confidentiality; (iii) is independently developed by the receiving party without use of the disclosing party\u2019s Confidential Information; or (iv) is rightfully obtained by the receiving party from a third party without restriction on use or disclosure.\ne. \u201cContractor\u201d means an individual who works primarily for your Enterprise on a contractor basis from your secure network.\nf. \u201cDocumentation\u201d means the NVIDIA documentation made available for use with the Software, including (without limitation) user manuals, datasheets, operations instructions, installation guides, release notes and other materials provided to you under the AGREEMENT.\ng. \u201cEnterprise\u201d means you or any company or legal entity for which you accepted the terms of this SLA, and their subsidiaries of which your company or legal entity owns more than fifty percent (50%) of the issued and outstanding equity.\nh. \u201cFeedback\u201d means any and all suggestions, feature requests, comments or other feedback regarding the Licensed Software, including possible enhancements or modifications thereto.\ni. \u201cIntellectual Property Rights\u201d means all patent, copyright, trademark, trade secret, trade dress, trade names, utility models, mask work, moral rights, rights of attribution or integrity service marks, master recording and music publishing rights, performance rights, author\u2019s rights, database rights, registered design rights and any applications for the protection or registration of these rights, or other intellectual or industrial property rights or proprietary rights, howsoever arising and in whatever media, whether now known or hereafter devised, whether or not registered, (including all claims and causes of action for infringement, misappropriation or violation and all rights in any registrations and renewals), worldwide and whether existing now or in the future.\nj. \u201cLicensed Software\u201d means Software, Documentation and all modifications owned by NVIDIA.\nk. \u201cOpen Source License\u201d includes, without limitation, a software license that requires as a condition of use, modification, and/or distribution of such software that the Software be (i) disclosed or distributed in source code form; (ii) be licensed for the purpose of making derivative works; or (iii) be redistributable at no charge.\nl. \u201cOrder\u201d means a purchase order issued by you, a signed purchase agreement with you, or other ordering document issued by you to NVIDIA or a NVIDIA authorized reseller (including any on-line acceptance process) that references and incorporates the AGREEMENT and is accepted by NVIDIA.\nm. \u201cSoftware\u201d means the NVIDIA software programs licensed to you under the AGREEMENT including, without limitation, libraries, sample code, utility programs and programming code.\nn. \u201cSupplement\u201d means the additional terms and conditions beyond those stated in this SLA that apply to certain Licensed Software licensed hereunder.\n\nTensorRT SUPPLEMENT TO SOFTWARE LICENSE AGREEMENT\nRelease date: November 9, 2016\nThe terms set forth in this TensorRT Supplement (\u201cSupplement\u201d) govern your use of the NVIDIA GPU inference engine (the \u201cTensorRT Licensed Software\u201d) under the terms of your software license agreement (\u201cSLA\u201d) as modified by this Supplement. This Supplement is an exhibit to the SLA and is hereby incorporated as an integral part thereto. Capitalized terms used but not defined herein shall have the meaning assigned to them in the SLA. In the event of conflict between the terms in this Supplement and the terms in the SLA, this Supplement shall control.\n1. TensorRT DISTRIBUTION. Subject to the terms of the SLA and this Supplement, NVIDIA hereby grants you a non-exclusive, non-transferable license during the applicable license term unless earlier terminated pursuant to the SLA, to distribute the libnvinfer and libnvcaffeparser libraries when delivered to you as part of the TensorRT Licensed Software in source code form or binary form (but not when provided to you as part of a hardware product), subject to the following: such distribution is solely in binary form to your licensees (\u201cCustomers\u201d) only as a component of your own software products having additional material functionality beyond the TensorRT Licensed Software (each, a \u201cLicensee Application\"). Subject to the terms and conditions of the SLA and this Supplement, you may further authorize Customers to redistribute the libnvinfer and libnvcaffeparser libraries as incorporated into a Licensee Application, solely in binary form, provided, however, that you shall require in your agreements with your Customers that their distributions be on terms at least as restrictive as those applicable for your use of such TensorRT Licensed Software within a Licensee Application. The expiration or termination of your licenses to the above described TensorRT Licensed Software under the SLA and this Supplement will not affect rights previously granted by you to recipients that were in compliance with the SLA and this Supplement.\nIn addition to the rights above, for parties that are developing software intended solely for use on Jetson development kits or Jetson modules and running Linux for Tegra software the following shall apply: TensorRT Licensed Software licensed hereunder may be distributed in its entirety, as provided by NVIDIA and without separation of its components, for you and/or your licensees to create software development kits for use only on the Jetson platform and running Linux for Tegra software. You shall require in your agreements with your licensees that their distributions be on terms at least as restrictive as those applicable for your distribution of TensorRT Licensed Software as described in this Section 1.\nThe above is subject to the following: (a) all distributions by you or your distribution channels must be consistent with the terms of the AGREEMENT; (b) the distributed Licensed Software must include valid copyright notices indicating NVIDIA\u2019s ownership of the Licensed Software; and (c) you must enter into enforceable agreements that pass down terms consistent with the terms set forth in the AGREEMENT for use of the distributable Licensed Software, including (without limitation) terms relating to the license grant and license restrictions, confidentiality and protection of NVIDIA\u2019s Intellectual Property Rights in and to the Licensed Software. You are liable for the distribution and use of Licensed Software if you failed to comply or enforce the distribution requirements of this Supplement. You agree to notify NVIDIA in writing of any known or suspected distribution or use of Licensed Software not in compliance with the terms of the AGREEMENT.\n2. LICENSE DURATION. Each TensorRT Licensed Software is licensed to you for an initial duration of one year starting from the date of delivery or download. The licenses granted will automatically renew for successive one year periods, provided that NVIDIA reserves the right to terminate licenses upon ninety days (90) days written notice to you prior to the commencement of a renewal year in addition to the termination rights set forth in the SLA.\n3. EXPIRATION OF TERMINATION OF THIS SUPPLEMENT. Your failure to comply with the terms of this Supplement is ground for termination for breach by NVIDIA under the SLA. This Supplement will automatically expire or terminate upon the expiration or termination of your rights to TensorRT Licensed Software under the SLA or this Supplement.", "alias": "license_gie", "name": "TensorRT License" }, { "content": "End User License Agreement\n--------------------------\n\n\nPreface\n-------\n\nThe following contains specific license terms and conditions\nfor four separate NVIDIA products. By accepting this\nagreement, you agree to comply with all the terms and\nconditions applicable to the specific product(s) included\nherein.\n\n\nNVIDIA CUDA Toolkit\n\n\nDescription\n\nThe NVIDIA CUDA Toolkit provides command-line and graphical\ntools for building, debugging and optimizing the performance\nof applications accelerated by NVIDIA GPUs, runtime and math\nlibraries, and documentation including programming guides,\nuser manuals, and API references. The NVIDIA CUDA Toolkit\nLicense Agreement is available in Chapter 1.\n\n\nDefault Install Location of CUDA Toolkit\n\nWindows platform:\n\n%ProgramFiles%\nVIDIA GPU Computing Toolkit\\CUDA\\v#.#\n\nLinux platform:\n\n/usr/local/cuda-#.#\n\nMac platform:\n\n/Developer/NVIDIA/CUDA-#.#\n\n\nNVIDIA CUDA Samples\n\n\nDescription\n\nThis package includes over 100+ CUDA examples that demonstrate\nvarious CUDA programming principles, and efficient CUDA\nimplementation of algorithms in specific application domains.\nThe NVIDIA CUDA Samples License Agreement is available in\nChapter 2.\n\n\nDefault Install Location of CUDA Samples\n\nWindows platform:\n\n%ProgramData%\nVIDIA Corporation\\CUDA Samples\\v#.#\n\nLinux platform:\n\n/usr/local/cuda-#.#/samples\n\nand\n\n$HOME/NVIDIA_CUDA-#.#_Samples\n\nMac platform:\n\n/Developer/NVIDIA/CUDA-#.#/samples\n\n\nNVIDIA Driver\n\n\nDescription\n\nThis package contains the operating system driver and\nfundamental system software components for NVIDIA GPUs. The\nNVIDIA Driver License for the Windows platform is available in\nChapter 3, and the NVIDIA Driver License for the Linux and Mac\nOSX platforms is available in Chapter 4.\n\n\nNVIDIA Nsight Visual Studio Edition (Windows only)\n\n\nDescription\n\nNVIDIA Nsight Development Platform, Visual Studio Edition is a\ndevelopment environment integrated into Microsoft Visual\nStudio that provides tools for debugging, profiling, analyzing\nand optimizing your GPU computing and graphics applications.\nThe NVIDIA Nsight Visual Studio Edition License Agreement is\navailable in Chapter 5.\n\n\nDefault Install Location of Nsight Visual Studio Edition\n\nWindows platform:\n\n%ProgramFiles(x86)%\nVIDIA Corporation\nsight Visual Studio Edition #.#\n\n\nNVIDIA CUDA General Terms\n\n\nDescription\n\nGeneral terms that apply to all of the software components are\navailable in Chapter 6.\n\n\n1. NVIDIA CUDA Toolkit License Agreement\n----------------------------------------\n\n\nImportant Notice\n----------------\n\nREAD CAREFULLY: This Software License Agreement (\"Agreement\")\nfor NVIDIA CUDA Toolkit, including computer software and\nassociated documentation (\"Software\"), is the Agreement which\ngoverns use of the SOFTWARE of NVIDIA Corporation and its\nsubsidiaries (\"NVIDIA\") downloadable herefrom. By downloading,\ninstalling, copying, or otherwise using the SOFTWARE, You (as\ndefined below) agree to be bound by the terms of this\nAgreement. If You do not agree to the terms of this Agreement,\ndo not download the SOFTWARE.\n\n\nRecitals\n--------\n\nUse of NVIDIA's SOFTWARE requires three elements: the\nSOFTWARE, an NVIDIA GPU or application processor (\"NVIDIA\nHardware\"), and a computer system. The SOFTWARE is protected\nby copyright laws and international copyright treaties, as\nwell as other intellectual property laws and treaties. The\nSOFTWARE is not sold, and instead is only licensed for Your\nuse, strictly in accordance with this Agreement. The NVIDIA\nHardware is protected by various patents, and is sold, but\nthis Agreement does not cover the sale or use of such\nhardware, since it may not necessarily be sold as a package\nwith the SOFTWARE. This Agreement sets forth the terms and\nconditions of the SOFTWARE only.\n\n\n1.1. Definitions\n\n\n1.1.1. Licensee\n\n\"You\", or \"Your\" shall mean the entity or individual that\ndownloads and uses the SOFTWARE.\n\n\n1.1.2. Redistributable Software\n\n\"Redistributable Software\" shall mean the redistributable\nlibraries referenced in Attachment A of this Agreement.\n\n\n1.1.3. Software\n\n\"SOFTWARE\" shall mean the deliverables provided pursuant to\nthis Agreement. SOFTWARE may be provided in either source or\nbinary form, at NVIDIA's discretion.\n\n\n1.2. Grant of License\n\n\n1.2.1. Rights and Limitations of Grant\n\nProvided that Licensee complies with the terms of this\nAgreement, NVIDIA hereby grants Licensee the following\nlimited, non-exclusive, non-transferable, non-sublicensable\n(except as expressly permitted otherwise for Redistributable\nSoftware in Section 1.2.1.1 and Section 1.2.1.3 of this\nAgreement) right to use the SOFTWARE -- and, if the SOFTWARE\nis provided in source form, to compile the SOFTWARE -- with\nthe following limitations:\n\n\n1.2.1.1. Redistribution Rights\n\nLicensee may transfer, redistribute, and sublicense certain\nfiles of the Redistributable SOFTWARE, as defined in\nAttachment A of this Agreement, provided, however, that (a)\nthe Redistributable SOFTWARE shall be distributed solely in\nbinary form to Licensee's licensees (\"Customers\") only as a\ncomponent of Licensee's own software products (each, a\n\"Licensee Application\"); (b) Licensee shall design the\nLicensee Application such that the Redistributable SOFTWARE\nfiles are installed only in a private (non-shared) directory\nlocation that is used only by the Licensee Application; (c)\nLicensee shall obtain each Customer's written or clickwrap\nagreement to the license terms under a written, legally\nenforceable agreement that has the effect of protecting the\nSOFTWARE and the rights of NVIDIA under terms no less\nrestrictive than this Agreement.\n\n\n1.2.1.2. Usage Rights\n\nLicensee may install and use multiple copies of the SOFTWARE\non a shared computer or concurrently on different computers,\nand make multiple back-up copies of the SOFTWARE, solely for\nLicensee's use within Licensee's Enterprise. \"Enterprise\"\nshall mean individual use by Licensee or any legal entity\n(such as a corporation or university) and the subsidiaries it\nowns by more than 50 percent.\n\n\n1.2.1.3. Further Redistribution Rights\n\nSubject to the terms and conditions of the Agreement, Licensee\nmay authorize Customers to further redistribute the\nRedistributable SOFTWARE that such Customers receive as part\nof the Licensee Application, solely in binary form, provided,\nhowever, that Licensee shall require in their standard\nsoftware license agreements with Customers that all such\nredistributions must be made pursuant to a license agreement\nthat has the effect of protecting the SOFTWARE and the rights\nof NVIDIA whose terms and conditions are at least as\nrestrictive as those in the applicable Licensee software\nlicense agreement covering the Licensee Application. For\navoidance of doubt, termination of this Agreement shall not\naffect rights previously granted by Licensee to its Customers\nunder this Agreement to the extent validly granted to\nCustomers under Section 1.2.1.1.\n\n\n1.2.1.4. Linux/FreeBSD Exception\n\nNotwithstanding the foregoing terms of Section 1.2.1.2,\nSection 1.2.1.1 and Section 1.2.1.3, SOFTWARE designed\nexclusively for use on the Linux or FreeBSD operating systems,\nor other operating systems derived from the source code to\nthese operating systems, may be copied and redistributed,\nprovided that the binary files thereof are not modified in any\nway (except for unzipping of compressed files).\n\n\n1.2.1.5. Additional Licensing Obligations\n\nLicensee acknowledges and agrees that its use of certain third\nparty components included with the SOFTWARE may be subject to\nadditional licensing terms and conditions as set forth or\nreferenced in Attachment B of this Agreement.\n\n\n1.2.1.6. Limitations\n\nNo Reverse Engineering\n\nIf the SOFTWARE is provided in binary form, Licensee may not\nreverse engineer, decompile, or disassemble the SOFTWARE, nor\nattempt in any other manner to obtain the source code.\n\nNo Separation of Components\n\nThe SOFTWARE is licensed as a single product. Except as\nauthorized in this Agreement, Software component parts of the\nSoftware may not be separated for use on more than one\ncomputer, nor otherwise used separately from the other parts.\n\nNo Rental\n\nLicensee may not rent or lease the SOFTWARE to someone else.\n\nNo Modifications\n\nIf the SOFTWARE is provided in source form, Licensee may not\nmodify or create derivative works of the SOFTWARE.\n\n\n1.3. Term and Termination\n\nThis Agreement will continue in effect for two (2) years\n(\"Initial Term\") after Your initial download and use of the\nSOFTWARE, subject to the exclusive right of NVIDIA to\nterminate as provided herein. The term of this Agreement will\nautomatically renew for successive one (1) year renewal terms\nafter the Initial Term, unless either party provides to the\nother party at least three (3) months prior written notice of\ntermination before the end of the applicable renewal term.\n\nThis Agreement will automatically terminate if Licensee fails\nto comply with any of the terms and conditions hereof. In such\nevent, Licensee must destroy all copies of the SOFTWARE and\nall of its component parts.\n\n\nDefensive Suspension\n\nIf Licensee commences or participates in any legal proceeding\nagainst NVIDIA, then NVIDIA may, in its sole discretion,\nsuspend or terminate all license grants and any other rights\nprovided under this Agreement during the pendency of such\nlegal proceedings.\n\n\n1.4. Copyright\n\nAll rights, title, interest and copyrights in and to the\nSOFTWARE (including but not limited to all images,\nphotographs, animations, video, audio, music, text, and other\ninformation incorporated into the SOFTWARE), the accompanying\nprinted materials, and any copies of the SOFTWARE, are owned\nby NVIDIA, or its suppliers. The SOFTWARE is protected by\ncopyright laws and international treaty provisions.\nAccordingly, Licensee is required to treat the SOFTWARE like\nany other copyrighted material, except as otherwise allowed\npursuant to this Agreement and that it may make one copy of\nthe SOFTWARE solely for backup or archive purposes.\n\nRESTRICTED RIGHTS NOTICE. Software has been developed entirely\nat private expense and is commercial computer software\nprovided with RESTRICTED RIGHTS. Use, duplication or\ndisclosure by the U.S. Government or a U.S. Government\nsubcontractor is subject to the restrictions set forth in the\nAgreement under which Software was obtained pursuant to DFARS\n227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2)\nof the Commercial Computer Software - Restricted Rights clause\nat FAR 52.227-19, as applicable. Contractor/manufacturer is\nNVIDIA, 2701 San Tomas Expressway, Santa Clara, CA 95050.\n\n\n1.5. Applicable Law\n\nThis Agreement shall be deemed to have been made in, and shall\nbe construed pursuant to, the laws of the State of Delaware.\nThe United Nations Convention on Contracts for the\nInternational Sale of Goods is specifically disclaimed. The\ncourts of Santa Clara County, California shall have exclusive\njurisdiction and venue over any dispute arising out of or\nrelating to this Agreement.\n\n\n1.6. Disclaimer of Warranties and Limitations on Liability\n\n\n1.6.1. No Warranties\n\nTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE\nSOFTWARE IS PROVIDED \"AS IS\" AND NVIDIA AND ITS SUPPLIERS\nDISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING,\nBUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,\nFITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.\n\n\n1.6.2. No Liability for Consequential Damages\n\nTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT\nSHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,\nINCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER\n(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS\nPROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,\nOR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR\nINABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED\nOF THE POSSIBILITY OF SUCH DAMAGES.\n\n\n1.6.3. No Support\n\nNVIDIA has no obligation to support or to provide any updates\nof the Software.\n\n\n1.7. Miscellaneous\n\n\n1.7.1. Feedback\n\nNotwithstanding any Non-Disclosure Agreement executed by and\nbetween the parties, the parties agree that in the event\nLicensee or NVIDIA provides Feedback (as defined below) to the\nother party on how to design, implement, or improve the\nSOFTWARE or Licensee's product(s) for use with the SOFTWARE,\nthe following terms and conditions apply the Feedback:\n\n\n1.7.1.1. Exchange of Feedback\n\nBoth parties agree that neither party has an obligation to\ngive the other party any suggestions, comments or other\nfeedback, whether verbally or in written or source code form,\nrelating to (i) the SOFTWARE; (ii) Licensee's products; (iii)\nLicensee's use of the SOFTWARE; or (iv)\noptimization/interoperability of Licensee's product with the\nSOFTWARE (collectively defined as \"Feedback\"). In the event\neither party provides Feedback to the other party, the party\nreceiving the Feedback may use any Feedback that the other\nparty voluntarily provides to improve the (i) SOFTWARE or\nother related NVIDIA technologies, respectively for the\nbenefit of NVIDIA; or (ii) Licensee's product or other related\nLicensee technologies, respectively for the benefit of\nLicensee. Accordingly, if either party provides Feedback to\nthe other party, both parties agree that the other party and\nits respective licensees may freely use, reproduce, license,\ndistribute, and otherwise commercialize the Feedback in the\n(i) SOFTWARE or other related technologies; or (ii) Licensee's\nproducts or other related technologies, respectively, without\nthe payment of any royalties or fees.\n\n\n1.7.1.2. Residual Rights\n\nLicensee agrees that NVIDIA shall be free to use any general\nknowledge, skills and experience, (including, but not limited\nto, ideas, concepts, know-how, or techniques) (\"Residuals\"),\ncontained in the (i) Feedback provided by Licensee to NVIDIA;\n(ii) Licensee's products shared or disclosed to NVIDIA in\nconnection with the Feedback; or (c) Licensee's confidential\ninformation voluntarily provided to NVIDIA in connection with\nthe Feedback, which are retained in the memories of NVIDIA's\nemployees, agents, or contractors who have had access to such\nResiduals. Subject to the terms and conditions of this\nAgreement, NVIDIA's employees, agents, or contractors shall\nnot be prevented from using Residuals as part of such\nemployee's, agent's or contractor's general knowledge, skills,\nexperience, talent, and/or expertise. NVIDIA shall not have\nany obligation to limit or restrict the assignment of such\nemployees, agents or contractors or to pay royalties for any\nwork resulting from the use of Residuals.\n\n\n1.7.1.3. Disclaimer of Warranty\n\nFEEDBACK FROM EITHER PARTY IS PROVIDED FOR THE OTHER PARTY'S\nUSE \"AS IS\" AND BOTH PARTIES DISCLAIM ALL WARRANTIES, EXPRESS,\nIMPLIED AND STATUTORY INCLUDING, WITHOUT LIMITATION, THE\nIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A\nPARTICULAR PURPOSE, OR NONINFRINGEMENT. BOTH PARTIES DO NOT\nREPRESENT OR WARRANT THAT THE FEEDBACK WILL MEET THE OTHER\nPARTY'S REQUIREMENTS OR THAT THE OPERATION OR IMPLEMENTATION\nOF THE FEEDBACK WILL BE UNINTERRUPTED OR ERROR-FREE.\n\n\n1.7.1.4. No Liability for Consequential Damages\n\nTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT\nSHALL EITHER PARTY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,\nINCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER\n(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS\nPROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,\nOR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR\nINABILITY TO USE THE FEEDBACK, EVEN IF THE OTHER PARTY HAS\nBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.\n\n\n1.7.2. Freedom of Action\n\nLicensee agrees that this Agreement is nonexclusive and NVIDIA\nmay currently or in the future be developing software, other\ntechnology or confidential information internally, or\nreceiving confidential information from other parties that\nmaybe similar to the Feedback and Licensee's confidential\ninformation (as provided in Section 1.7.1.2 above), which may\nbe provided to NVIDIA in connection with Feedback by Licensee.\nAccordingly, Licensee agrees that nothing in this Agreement\nwill be construed as a representation or inference that NVIDIA\nwill not develop, design, manufacture, acquire, market\nproducts, or have products developed, designed, manufactured,\nacquired, or marketed for NVIDIA, that compete with the\nLicensee's products or confidential information.\n\n\n1.7.3. No Implied Licenses\n\nUnder no circumstances should anything in this Agreement be\nconstrued as NVIDIA granting by implication, estoppel or\notherwise, (i) a license to any NVIDIA product or technology\nother than the SOFTWARE; or (ii) any additional license rights\nfor the SOFTWARE other than the licenses expressly granted in\nthis Agreement.\n\n\n1.7.4. \n\nIf any provision of this Agreement is inconsistent with, or\ncannot be fully enforced under, the law, such provision will\nbe construed as limited to the extent necessary to be\nconsistent with and fully enforceable under the law. This\nAgreement is the final, complete and exclusive agreement\nbetween the parties relating to the subject matter hereof, and\nsupersedes all prior or contemporaneous understandings and\nagreements relating to such subject matter, whether oral or\nwritten. This Agreement may only be modified in writing signed\nby an authorized officer of NVIDIA. Licensee agrees that it\nwill not ship, transfer or export the SOFTWARE into any\ncountry, or use the SOFTWARE in any manner, prohibited by the\nUnited States Bureau of Industry and Security or any export\nlaws, restrictions or regulations.\n\n\n1.7.5. \n\nThe parties agree that the following sections of the Agreement\nwill survive the termination of the License: Section 1.2.1.4,\nSection 1.4, Section 1.5, Section 1.6, and Section 1.7.\n\n\n1.8. Attachment A\n\n\nRedistributable Software\n\nIn connection with Section 1.2.1.1 of this Agreement, the\nfollowing files may be redistributed with software\napplications developed by Licensee, including certain\nvariations of these files that have version number or\narchitecture specific information embedded in the file name -\nas an example only, for release version 6.0 of the 64-bit\nWindows software, the file cudart64_60.dll is redistributable.\n\nComponent : CUDA Runtime\n Windows : cudart.dll, cudart_static.lib, cudadevrt.lib\n Mac OSX : libcudart.dylib, libcudart_static.a, libcudadevrt.a\n Linux : libcudart.so, libcudart_static.a, libcudadevrt.a\n Android : libcudart.so, libcudart_static.a, libcudadevrt.a\n\nComponent : CUDA FFT Library\n Windows : cufft.dll, cufftw.dll\n Mac OSX : libcufft.dylib, libcufft_static.a, libcufftw.dylib, libcufftw_static.a\n Linux : libcufft.so, libcufft_static.a, libcufftw.so, libcufftw_static.a\n Android : libcufft.so, libcufft_static.a, libcufftw.so, libcufftw_static.a\n\nComponent : CUDA BLAS Library\n Windows : cublas.dll, cublas_device.lib\n Mac OSX : libcublas.dylib, libcublas_static.a, libcublas_device.a\n Linux : libcublas.so, libcublas_static.a, libcublas_device.a\n Android : libcublas.so, libcublas_static.a, libcublas_device.a\n\nComponent : NVIDIA \"Drop-in\" BLAS Library\n Windows : nvblas.dll\n Mac OSX : libnvblas.dylib\n Linux : libnvblas.so\n\nComponent : CUDA Sparse Matrix Library\n Windows : cusparse.dll\n Mac OSX : libcusparse.dylib, libcusparse_static.a\n Linux : libcusparse.so, libcusparse_static.a\n Android : libcusparse.so, libcusparse_static.a\n\nComponent : CUDA Linear Solver Library\n Windows : cusolver.dll\n Mac OSX : libcusolver.dylib, libcusolver_static.a\n Linux : libcusolver.so, libcusolver_static.a\n Android : libcusolver.so, libcusolver_static.a\n\nComponent : CUDA Random Number Generation Library\n Windows : curand.dll\n Mac OSX : libcurand.dylib, libcurand_static.a\n Linux : libcurand.so, libcurand_static.a\n Android : libcurand.so, libcurand_static.a\n\nComponent : NVIDIA Performance Primitives Library\n Windows : nppc.dll, nppi.dll, npps.dll\n Mac OSX : libnppc.dylib, libnppi.dylib, libnpps.dylib, libnppc_static.a, libnpps_static.a, libnppi_static.a\n Linux : libnppc.so, libnppi.so, libnpps.so, libnppc_static.a, libnpps_static.a, libnppi_static.a\n Android : libnppc.so, libnppi.so, libnpps.so, libnppc_static.a, libnpps_static.a, libnppi_static.a\n\nComponent : Internal common library required for statically linking to cuBLAS, cuSPARSE, cuFFT, cuRAND and NPP\n Mac OSX : libculibos.a\n Linux : libculibos.a\n\nComponent : NVIDIA Runtime Compilation Library\n Windows : nvrtc.dll, nvrtc-builtins.dll\n Mac OSX : libnvrtc.dylib, libnvrtc-builtins.dylib\n Linux : libnvrtc.so, libnvrtc-builtins.so\n\nComponent : NVIDIA Optimizing Compiler Library\n Windows : nvvm.dll\n Mac OSX : libnvvm.dylib\n Linux : libnvvm.so\n\nComponent : NVIDIA Common Device Math Functions Library\n Windows : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc\n Mac OSX : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc\n Linux : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc\n\nComponent : CUDA Occupancy Calculation Header Library\n All : cuda_occupancy.h\n\nComponent : Profiling Tools Interface Library\n Windows : cupti.dll\n Mac OSX : libcupti.dylib\n Linux : libcupti.so\n \n\n\n1.9. Attachment B\n\n\nAdditional Licensing Obligations\n\nThe following third party components included in the SOFTWARE\nare licensed to Licensee pursuant to the following terms and\nconditions:\n\n 1. Licensee's use of the GDB third party component is\n subject to the terms and conditions of GNU GPL v3:\n\n This product includes copyrighted third-party software licensed\n under the terms of the GNU General Public License v3 (\"GPL v3\").\n All third-party software packages are copyright by their respective\n authors. GPL v3 terms and conditions are hereby incorporated into\n the Agreement by this reference: http://www.gnu.org/licenses/gpl.txt\n\n Consistent with these licensing requirements, the software\n listed below is provided under the terms of the specified\n open source software licenses. To obtain source code for\n software provided under licenses that require\n redistribution of source code, including the GNU General\n Public License (GPL) and GNU Lesser General Public License\n (LGPL), contact oss-requests@nvidia.com. This offer is\n valid for a period of three (3) years from the date of the\n distribution of this product by NVIDIA CORPORATION.\n\n Component License\n CUDA-GDB GPL v3 \n\n 2. Licensee represents and warrants that any and all third\n party licensing and/or royalty payment obligations in\n connection with Licensee's use of the H.264 video codecs\n are solely the responsibility of Licensee.\n\n 3. Licensee's use of the Thrust library is subject to the\n terms and conditions of the Apache License Version 2.0.\n All third-party software packages are copyright by their\n respective authors. Apache License Version 2.0 terms and\n conditions are hereby incorporated into the Agreement by\n this reference.\n http://www.apache.org/licenses/LICENSE-2.0.html\n\n In addition, Licensee acknowledges the following notice:\n Thrust includes source code from the Boost Iterator,\n Tuple, System, and Random Number libraries.\n\n Boost Software License - Version 1.0 - August 17th, 2003\n . . . .\n \n Permission is hereby granted, free of charge, to any person or \n organization obtaining a copy of the software and accompanying \n documentation covered by this license (the \"Software\") to use, \n reproduce, display, distribute, execute, and transmit the Software, \n and to prepare derivative works of the Software, and to permit \n third-parties to whom the Software is furnished to do so, all \n subject to the following:\n \n The copyright notices in the Software and this entire statement, \n including the above license grant, this restriction and the following \n disclaimer, must be included in all copies of the Software, in whole \n or in part, and all derivative works of the Software, unless such \n copies or derivative works are solely in the form of machine-executable \n object code generated by a source language processor.\n \n THE SOFTWARE IS PROVIDED \"AS IS\", WITHOUT WARRANTY OF ANY KIND, \n EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF \n MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND \n NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR \n ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR \n OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING \n FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR \n OTHER DEALINGS IN THE SOFTWARE. \n\n 4. Licensee's use of the LLVM third party component is\n subject to the following terms and conditions:\n\n ======================================================\n LLVM Release License\n ======================================================\n University of Illinois/NCSA\n Open Source License\n \n Copyright (c) 2003-2010 University of Illinois at Urbana-Champaign.\n All rights reserved.\n \n Developed by:\n \n LLVM Team\n \n University of Illinois at Urbana-Champaign\n \n http://llvm.org\n \n Permission is hereby granted, free of charge, to any person obtaining a copy\n of this software and associated documentation files (the \"Software\"), to \n deal with the Software without restriction, including without limitation the\n rights to use, copy, modify, merge, publish, distribute, sublicense, and/or \n sell copies of the Software, and to permit persons to whom the Software is \n furnished to do so, subject to the following conditions:\n \n * Redistributions of source code must retain the above copyright notice, \n this list of conditions and the following disclaimers.\n \n * Redistributions in binary form must reproduce the above copyright \n notice, this list of conditions and the following disclaimers in the \n documentation and/or other materials provided with the distribution.\n \n * Neither the names of the LLVM Team, University of Illinois at Urbana-\n Champaign, nor the names of its contributors may be used to endorse or\n promote products derived from this Software without specific prior \n written permission.\n \n THE SOFTWARE IS PROVIDED \"AS IS\", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR\n IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, \n FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL \n THE CONTRIBUTORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR \n OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,\n ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER\n DEALINGS WITH THE SOFTWARE. \n\n 5. Licensee's use of the PCRE third party component is\n subject to the following terms and conditions:\n\n ------------\n PCRE LICENCE\n ------------\n PCRE is a library of functions to support regular expressions whose syntax\n and semantics are as close as possible to those of the Perl 5 language.\n Release 8 of PCRE is distributed under the terms of the \"BSD\" licence, as\n specified below. The documentation for PCRE, supplied in the \"doc\" \n directory, is distributed under the same terms as the software itself. The\n basic library functions are written in C and are freestanding. Also \n included in the distribution is a set of C++ wrapper functions, and a just-\n in-time compiler that can be used to optimize pattern matching. These are \n both optional features that can be omitted when the library is built.\n \n THE BASIC LIBRARY FUNCTIONS\n ---------------------------\n Written by: Philip Hazel\n Email local part: ph10\n Email domain: cam.ac.uk\n University of Cambridge Computing Service,\n Cambridge, England.\n Copyright (c) 1997-2012 University of Cambridge\n All rights reserved.\n \n PCRE JUST-IN-TIME COMPILATION SUPPORT\n -------------------------------------\n Written by: Zoltan Herczeg\n Email local part: hzmester\n Emain domain: freemail.hu\n Copyright(c) 2010-2012 Zoltan Herczeg\n All rights reserved.\n \n STACK-LESS JUST-IN-TIME COMPILER\n --------------------------------\n Written by: Zoltan Herczeg\n Email local part: hzmester\n Emain domain: freemail.hu\n Copyright(c) 2009-2012 Zoltan Herczeg\n All rights reserved.\n \n THE C++ WRAPPER FUNCTIONS\n -------------------------\n Contributed by: Google Inc.\n Copyright (c) 2007-2012, Google Inc.\n All rights reserved.\n \n THE \"BSD\" LICENCE\n -----------------\n Redistribution and use in source and binary forms, with or without\n modification, are permitted provided that the following conditions are met:\n \n * Redistributions of source code must retain the above copyright notice, \n this list of conditions and the following disclaimer.\n \n * Redistributions in binary form must reproduce the above copyright \n notice, this list of conditions and the following disclaimer in the \n documentation and/or other materials provided with the distribution.\n \n * Neither the name of the University of Cambridge nor the name of Google \n Inc. nor the names of their contributors may be used to endorse or \n promote products derived from this software without specific prior \n written permission.\n \n THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS \"AS IS\"\n AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE \n IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE \n ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE \n LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR \n CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF \n SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS \n INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN \n CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) \n ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE \n POSSIBILITY OF SUCH DAMAGE. \n\n 6. Some of the cuBLAS library routines were written by or\n derived from code written by Vasily Volkov and are subject\n to the Modified Berkeley Software Distribution License as\n follows:\n\n Copyright (c) 2007-2009, Regents of the University of California\n \n All rights reserved.\n \n Redistribution and use in source and binary forms, with or without\n modification, are permitted provided that the following conditions are\n met:\n * Redistributions of source code must retain the above copyright\n notice, this list of conditions and the following disclaimer.\n * Redistributions in binary form must reproduce the above\n copyright notice, this list of conditions and the following\n disclaimer in the documentation and/or other materials provided\n with the distribution.\n * Neither the name of the University of California, Berkeley nor\n the names of its contributors may be used to endorse or promote\n products derived from this software without specific prior\n written permission.\n \n THIS SOFTWARE IS PROVIDED BY THE AUTHOR \"AS IS\" AND ANY EXPRESS OR\n IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED\n WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE\n DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT,\n INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES\n (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR\n SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)\n HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,\n STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING\n IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE\n POSSIBILITY OF SUCH DAMAGE. \n\n 7. Some of the cuBLAS library routines were written by or\n derived from code written by Davide Barbieri and are\n subject to the Modified Berkeley Software Distribution\n License as follows:\n\n Copyright (c) 2008-2009 Davide Barbieri @ University of Rome Tor Vergata.\n \n All rights reserved.\n \n Redistribution and use in source and binary forms, with or without\n modification, are permitted provided that the following conditions are\n met:\n * Redistributions of source code must retain the above copyright\n notice, this list of conditions and the following disclaimer.\n * Redistributions in binary form must reproduce the above\n copyright notice, this list of conditions and the following\n disclaimer in the documentation and/or other materials provided\n with the distribution.\n * The name of the author may not be used to endorse or promote\n products derived from this software without specific prior\n written permission.\n \n THIS SOFTWARE IS PROVIDED BY THE AUTHOR \"AS IS\" AND ANY EXPRESS OR\n IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED\n WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE\n DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT,\n INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES\n (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR\n SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)\n HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,\n STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING\n IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE\n POSSIBILITY OF SUCH DAMAGE. \n\n 8. Some of the cuBLAS library routines were derived from\n code developed by the University of Tennessee and are\n subject to the Modified Berkeley Software Distribution\n License as follows:\n\n Copyright (c) 2010 The University of Tennessee.\n \n All rights reserved.\n \n Redistribution and use in source and binary forms, with or without\n modification, are permitted provided that the following conditions are\n met:\n * Redistributions of source code must retain the above copyright\n notice, this list of conditions and the following disclaimer.\n * Redistributions in binary form must reproduce the above\n copyright notice, this list of conditions and the following\n disclaimer listed in this license in the documentation and/or\n other materials provided with the distribution.\n * Neither the name of the copyright holders nor the names of its\n contributors may be used to endorse or promote products derived\n from this software without specific prior written permission.\n \n THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS\n \"AS IS\" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT\n LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR\n A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT\n OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,\n SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT\n LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,\n DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY\n THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT\n (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE\n OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. \n\n 9. Some of the cuBLAS library routines were written by or\n derived from code written by Jonathan Hogg and are subject\n to the Modified Berkeley Software Distribution License as\n follows:\n\n Copyright (c) 2012, The Science and Technology Facilities Council (STFC).\n \n All rights reserved.\n \n Redistribution and use in source and binary forms, with or without\n modification, are permitted provided that the following conditions are\n met:\n * Redistributions of source code must retain the above copyright\n notice, this list of conditions and the following disclaimer.\n * Redistributions in binary form must reproduce the above\n copyright notice, this list of conditions and the following\n disclaimer in the documentation and/or other materials provided\n with the distribution.\n * Neither the name of the STFC nor the names of its contributors\n may be used to endorse or promote products derived from this\n software without specific prior written permission.\n \n THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS\n \"AS IS\" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT\n LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR\n A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE STFC BE\n LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR\n CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF\n SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR\n BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,\n WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE\n OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN\n IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. \n\n 10. Some of the cuBLAS library routines were written by or\n derived from code written by Ahmad M. Abdelfattah, David\n Keyes, and Hatem Ltaief, and are subject to the Apache\n License, Version 2.0, as follows:\n\n -- (C) Copyright 2013 King Abdullah University of Science and Technology\n Authors:\n Ahmad Abdelfattah (ahmad.ahmad@kaust.edu.sa)\n David Keyes (david.keyes@kaust.edu.sa)\n Hatem Ltaief (hatem.ltaief@kaust.edu.sa)\n \n Redistribution and use in source and binary forms, with or without\n modification, are permitted provided that the following conditions\n are met:\n \n * Redistributions of source code must retain the above copyright\n notice, this list of conditions and the following disclaimer.\n * Redistributions in binary form must reproduce the above copyright\n notice, this list of conditions and the following disclaimer in the\n documentation and/or other materials provided with the distribution.\n * Neither the name of the King Abdullah University of Science and\n Technology nor the names of its contributors may be used to endorse \n or promote products derived from this software without specific prior \n written permission.\n \n THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS\n ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT\n LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR\n A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT\n HOLDERS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,\n SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT\n LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,\n DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY\n THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT\n (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE\n OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE \n\n 11. Some of the cuSPARSE library routines were written by or\n derived from code written by Li-Wen Chang and are subject\n to the NCSA Open Source License as follows:\n\n Copyright (c) 2012, University of Illinois.\n \n All rights reserved.\n \n Developed by: IMPACT Group, University of Illinois, http://impact.crhc.illinois.edu\n \n Permission is hereby granted, free of charge, to any person obtaining\n a copy of this software and associated documentation files (the\n \"Software\"), to deal with the Software without restriction, including\n without limitation the rights to use, copy, modify, merge, publish,\n distribute, sublicense, and/or sell copies of the Software, and to\n permit persons to whom the Software is furnished to do so, subject to\n the following conditions:\n * Redistributions of source code must retain the above copyright\n notice, this list of conditions and the following disclaimer.\n * Redistributions in binary form must reproduce the above\n copyright notice, this list of conditions and the following\n disclaimers in the documentation and/or other materials provided\n with the distribution.\n * Neither the names of IMPACT Group, University of Illinois, nor\n the names of its contributors may be used to endorse or promote\n products derived from this Software without specific prior\n written permission.\n \n THE SOFTWARE IS PROVIDED \"AS IS\", WITHOUT WARRANTY OF ANY KIND,\n EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF\n MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND\n NONINFRINGEMENT. IN NO EVENT SHALL THE CONTRIBUTORS OR COPYRIGHT\n HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER\n IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR\n IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS WITH THE\n SOFTWARE. \n\n 12. Some of the cuRAND library routines were written by or\n derived from code written by Mutsuo Saito and Makoto\n Matsumoto and are subject to the following license:\n\n Copyright (c) 2009, 2010 Mutsuo Saito, Makoto Matsumoto and Hiroshima\n University. All rights reserved.\n \n Copyright (c) 2011 Mutsuo Saito, Makoto Matsumoto, Hiroshima\n University and University of Tokyo. All rights reserved.\n \n Redistribution and use in source and binary forms, with or without\n modification, are permitted provided that the following conditions are\n met:\n * Redistributions of source code must retain the above copyright\n notice, this list of conditions and the following disclaimer.\n * Redistributions in binary form must reproduce the above\n copyright notice, this list of conditions and the following\n disclaimer in the documentation and/or other materials provided\n with the distribution.\n * Neither the name of the Hiroshima University nor the names of\n its contributors may be used to endorse or promote products\n derived from this software without specific prior written\n permission.\n \n THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS\n \"AS IS\" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT\n LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR\n A PARTICULAR PURPOSE ARE DISCLAIMED. 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Shaw Research.\n \n All rights reserved.\n \n Redistribution and use in source and binary forms, with or without\n modification, are permitted provided that the following conditions are\n met:\n * Redistributions of source code must retain the above copyright\n notice, this list of conditions, and the following disclaimer.\n * Redistributions in binary form must reproduce the above\n copyright notice, this list of conditions, and the following\n disclaimer in the documentation and/or other materials provided\n with the distribution.\n * Neither the name of D. E. Shaw Research nor the names of its\n contributors may be used to endorse or promote products derived\n from this software without specific prior written permission.\n \n THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS\n \"AS IS\" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT\n LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR\n A PARTICULAR PURPOSE ARE DISCLAIMED. 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Some of the cuBLAS library routines uses code from\n OpenAI, which is subject to the following license:\n\n License URL \n https://github.com/openai/openai-gemm/blob/master/LICENSE\n \n License Text \n The MIT License\n \n Copyright (c) 2016 OpenAI (http://openai.com), 2016 Google Inc.\n \n Permission is hereby granted, free of charge, to any person obtaining a copy\n of this software and associated documentation files (the \"Software\"), to deal\n in the Software without restriction, including without limitation the rights\n to use, copy, modify, merge, publish, distribute, sublicense, and/or sell\n copies of the Software, and to permit persons to whom the Software is\n furnished to do so, subject to the following conditions:\n \n The above copyright notice and this permission notice shall be included in\n all copies or substantial portions of the Software.\n \n THE SOFTWARE IS PROVIDED \"AS IS\", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR\n IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,\n FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. 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The NPP library uses code from the Boost Math Toolkit,\n and is subject to the following license:\n\n Boost Software License - Version 1.0 - August 17th, 2003\n . . . .\n \n Permission is hereby granted, free of charge, to any person or \n organization obtaining a copy of the software and accompanying \n documentation covered by this license (the \"Software\") to use, \n reproduce, display, distribute, execute, and transmit the Software, \n and to prepare derivative works of the Software, and to permit \n third-parties to whom the Software is furnished to do so, all \n subject to the following:\n \n The copyright notices in the Software and this entire statement, \n including the above license grant, this restriction and the following \n disclaimer, must be included in all copies of the Software, in whole \n or in part, and all derivative works of the Software, unless such \n copies or derivative works are solely in the form of machine-executable \n object code generated by a source language processor.\n \n THE SOFTWARE IS PROVIDED \"AS IS\", WITHOUT WARRANTY OF ANY KIND, \n EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF \n MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND \n NON-INFRINGEMENT. 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Accordingly, if either party provides Feedback to\nthe other party, both parties agree that the other party and\nits respective licensees may freely use, reproduce, license,\ndistribute, and otherwise commercialize the Feedback in the\n(i) SOFTWARE or other related technologies; or (ii) Licensee's\nproducts or other related technologies, respectively, without\nthe payment of any royalties or fees.\n\n\n2.8.2. 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Use, duplication or disclosure by the U.S. Government\nor a U.S. Government subcontractor is subject to the\nrestrictions set forth in the license agreement under which\nMaterials was obtained pursuant to DFARS 227.7202-3(a) or as\nset forth in subparagraphs (c)(1) and (2) of the Commercial\nComputer Software - Restricted Rights clause at FAR 52.227-19,\nas applicable. Contractor/manufacturer is NVIDIA, 2701 San\nTomas Expressway, Santa Clara, CA 95050.\n\n\n2.11. Miscellaneous\n\nIf any provision of this Agreement is inconsistent with, or\ncannot be fully enforced under, the law, such provision will\nbe construed as limited to the extent necessary to be\nconsistent with and fully enforceable under the law. This\nAgreement is the final, complete and exclusive agreement\nbetween the parties relating to the subject matter hereof, and\nsupersedes all prior or contemporaneous understandings and\nagreements relating to such subject matter, whether oral or\nwritten. 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Applicable Law\n\nThis LICENSE shall be deemed to have been made in, and shall\nbe construed pursuant to, the laws of the State of Delaware.\nThe United Nations Convention on Contracts for the\nInternational Sale of Goods is specifically disclaimed. The\nstate and/or federal courts residing in Santa Clara County,\nCalifornia shall have exclusive jurisdiction over any dispute\nor claim arising out of this Agreement. Customer may not\nexport the SOFTWARE in violation of applicable export laws and\nregulations.\n\n\n3.7. Disclaimer of Warranties and Limitations on Liability\n\n\n3.7.1. No Warranties\n\nTHE SOFTWARE IS PROVIDED \"AS IS\" AND TO THE MAXIMUM EXTENT\nPERMITTED BY APPLICABLE LAW, NVIDIA AND ITS SUPPLIERS DISCLAIM\nALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT\nLIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,\nNONINFRINGEMENT, TITLE AND FITNESS FOR A PARTICULAR PURPOSE.\nWithout limiting the foregoing, you are solely responsible for\ndetermining and verifying that the SOFTWARE that you obtain\nand install is the appropriate version for your model of\ngraphics controller board, operating system, and computer\nhardware.\n\n\n3.7.2. No Liability for Consequential Damages\n\nTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT\nSHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,\nSPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES\nWHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF\nBUSINESS PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF\nBUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT\nOF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA\nHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME\nJURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY\nFOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES,\nSO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO\nHAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO\nJURISDICTION. NOTWITHSTANDING THE FOREGOING, NVIDIA'S\nAGGREGATE LIABILITY ARISING OUT OF THIS LICENSE AGREEMENT\nSHALL NOT EXCEED ONE THOUSAND UNITED STATES DOLLARS\n(USD$1000).\n\n\n3.8. Miscellaneous\n\nIf any provision of this LICENSE is inconsistent with, or\ncannot be fully enforced under, the law, such provision will\nbe construed as limited to the extent necessary to be\nconsistent with and fully enforceable under the law. This\nLICENSE is the final, complete and exclusive agreement between\nthe parties relating to the subject matter hereof, and\nsupersedes all prior or contemporaneous understandings and\nagreements relating to such subject matter, whether oral or\nwritten. This LICENSE may only be modified in writing signed\nby an authorized officer of NVIDIA. Customer agrees that it\nwill not ship, transfer or export the SOFTWARE into any\ncountry, or use the SOFTWARE in any manner, prohibited by the\nUnited States Bureau of Industry and Security or any export\nlaws, restrictions or regulations.\n\n\n4. NVIDIA Driver License for Customer Use of NVIDIA Software\non Linux and Mac OSX\n------------------------------------------------------------\n\n\nIMPORTANT NOTICE -- READ CAREFULLY:\n-----------------------------------\n\nThis License For Customer Use of NVIDIA Software (\"LICENSE\")\nis the agreement which governs use of the software of NVIDIA\nCorporation and its subsidiaries (\"NVIDIA\") downloadable\nherefrom, including computer software and associated printed\nmaterials (\"SOFTWARE\"). By downloading, installing, copying,\nor otherwise using the SOFTWARE, you agree to be bound by the\nterms of this LICENSE. If you do not agree to the terms of\nthis LICENSE, do not download the SOFTWARE.\n\n\nRECITALS:\n---------\n\nUse of NVIDIA's products requires three elements: the\nSOFTWARE, the hardware on a graphics controller board, and a\npersonal computer. The SOFTWARE is protected by copyright laws\nand international copyright treaties, as well as other\nintellectual property laws and treaties. The SOFTWARE is not\nsold, and instead is only licensed for use, strictly in\naccordance with this document. The hardware is protected by\nvarious patents, and is sold, but this agreement does not\ncover that sale, since it may not necessarily be sold as a\npackage with the SOFTWARE. This agreement sets forth the terms\nand conditions of the SOFTWARE LICENSE only.\n\n\n4.1. DEFINITIONS\n\n\n4.1.1. Customer\n\nCustomer means the entity or individual that downloads the\nSOFTWARE.\n\n\n4.2. GRANT OF LICENSE\n\n\n4.2.1. Rights and Limitations of Grant\n\nNVIDIA hereby grants Customer the following non-exclusive,\nnon-transferable right to use the SOFTWARE, with the following\nlimitations:\n\n\n4.2.1.1. Rights\n\nCustomer may install and use multiple copies of the SOFTWARE\non a shared computer or concurrently on different computers,\nand make multiple back-up copies of the SOFTWARE, solely for\nCustomer's use within Customer's Enterprise. \"Enterprise\"\nshall mean individual use by Customer or any legal entity\n(such as a corporation or university) and the subsidiaries it\nowns by more than fifty percent (50%).\n\n\n4.2.1.2. Linux/FreeBSD Exception\n\nNotwithstanding the foregoing terms of Section 4.2.1.1,\nSOFTWARE designed exclusively for use on the Linux or FreeBSD\noperating systems, or other operating systems derived from the\nsource code to these operating systems, may be copied and\nredistributed, provided that the binary files thereof are not\nmodified in any way (except for unzipping of compressed\nfiles).\n\n\n4.2.1.3. Limitations\n\nNo Reverse Engineering\n\nCustomer may not reverse engineer, decompile, or disassemble\nthe SOFTWARE, nor attempt in any other manner to obtain the\nsource code.\n\nNo Separation of Components\n\nThe SOFTWARE is licensed as a single product. Its component\nparts may not be separated for use on more than one computer,\nnor otherwise used separately from the other parts.\n\nNo Rental\n\nCustomer may not rent or lease the SOFTWARE to someone else.\n\n\n4.3. TERMINATION\n\nThis LICENSE will automatically terminate if Customer fails to\ncomply with any of the terms and conditions hereof. In such\nevent, Customer must destroy all copies of the SOFTWARE and\nall of its component parts.\n\nDefensive Suspension. If Customer commences or participates in\nany legal proceeding against NVIDIA, then NVIDIA may, in its\nsole discretion, suspend or terminate all license grants and\nany other rights provided under this LICENSE during the\npendency of such legal proceedings.\n\n\n4.4. COPYRIGHT\n\nAll title and copyrights in and to the SOFTWARE (including but\nnot limited to all images, photographs, animations, video,\naudio, music, text, and other information incorporated into\nthe SOFTWARE), the accompanying printed materials, and any\ncopies of the SOFTWARE, are owned by NVIDIA, or its suppliers.\nThe SOFTWARE is protected by copyright laws and international\ntreaty provisions. Accordingly, Customer is required to treat\nthe SOFTWARE like any other copyrighted material, except as\notherwise allowed pursuant to this LICENSE and that it may\nmake one copy of the SOFTWARE solely for backup or archive\npurposes.\n\n\n4.5. APPLICABLE LAW\n\nThis agreement shall be deemed to have been made in, and shall\nbe construed pursuant to, the laws of the State of California.\n\n\n4.6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY\n\n\n4.6.1. No Warranties\n\nTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE\nSOFTWARE IS PROVIDED \"AS IS\" AND NVIDIA AND ITS SUPPLIERS\nDISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING,\nBUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND\nFITNESS FOR A PARTICULAR PURPOSE.\n\n\n4.6.2. No Liability for Consequential Damages\n\nTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT\nSHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,\nINCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER\n(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS\nPROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,\nOR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR\nINABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED\nOF THE POSSIBILITY OF SUCH DAMAGES.\n\n\n4.7. MISCELLANEOUS\n\nThe United Nations Convention on Contracts for the\nInternational Sale of Goods is specifically disclaimed. If any\nprovision of this LICENSE is inconsistent with, or cannot be\nfully enforced under, the law, such provision will be\nconstrued as limited to the extent necessary to be consistent\nwith and fully enforceable under the law. This agreement is\nthe final, complete and exclusive agreement between the\nparties relating to the subject matter hereof, and supersedes\nall prior or contemporaneous understandings and agreements\nrelating to such subject matter, whether oral or written.\nCustomer agrees that it will not ship, transfer or export the\nSOFTWARE into any country, or use the SOFTWARE in any manner,\nprohibited by the United States Bureau of Export\nAdministration or any export laws, restrictions or\nregulations. This LICENSE may only be modified in writing\nsigned by an authorized officer of NVIDIA.\n\n\n5. NVIDIA Nsight Development Platform, Visual Studio Edition\nSoftware License Agreement (Windows only)\n------------------------------------------------------------\n\n\nIMPORTANT - READ BEFORE COPYING, INSTALLING OR USING\n----------------------------------------------------\n\nDo not use or load this software and any associated materials\nprovided by NVIDIA on its extranet (collectively the\n\"Software\") until You have carefully read the following terms\nand conditions. By loading or using the Software, You agree to\nfully comply with the terms and conditions of this Software\nLicense Agreement (\"Agreement\") by and between NVIDIA\nCorporation, a Delaware corporation with its principal place\nof business at 2701 San Tomas Expressway, Santa Clara,\nCalifornia 95050 U.S.A. (\"NVIDIA\"), and You. If You do not\nwish to so agree, do not install or use the Software.\n\nFor the purposes of this Agreement:\n\n\"Licensee,\" \"You\" and/or \"Your\" shall mean, collectively and\nindividually, Original Equipment Manufacturers, Independent\nHardware Vendors, Independent Software Vendors, and End-Users\nof the Software pursuant to the terms and conditions of this\nAgreement.\n\n\"Intellectual Property Rights\" shall mean all proprietary\nrights, including all patents, trademarks, copyrights,\nknow-how, trade secrets, mask works, including all\napplications and registrations thereto, and any other similar\nprotected rights in any country.\n\n\n5.1. Grant of License\n\nNVIDIA agrees to provide the Software and any associated\nmaterials pursuant to this Agreement. Subject to the terms of\nthis Agreement, NVIDIA grants to You a nonexclusive,\ntransferable, worldwide, revocable, limited, royalty-free,\nfully paid-up license under NVIDIA's copyrights to install,\ndeploy, use, have used execute, reproduce, display, perform,\nrun, the object code of the Software, to create Your products\nto interoperate with NVIDIA hardware and software.\n\nUnless otherwise authorized in the Agreement, You shall not\notherwise assign, sublicense, lease, or in any other way\ntransfer or disclose Software to any third party. Unless\notherwise authorized in the Agreement, You shall not reverse-\ncompile, disassemble, reverse-engineer, or in any manner\nattempt to derive the source code of the Software from the\nobject code portions of the Software.\n\nExcept as expressly stated in this Agreement, no license or\nright is granted to You directly or by implication,\ninducement, estoppels or otherwise. NVIDIA shall have the\nright to inspect or have an independent auditor inspect Your\nrelevant records to verify Your compliance with the terms and\nconditions of this Agreement.\n\n\n5.2. Confidentiality\n\nIf applicable, any exchange of Confidential Information (as\ndefined in the NDA) shall be made pursuant to the terms and\nconditions of a separately signed Non-Disclosure Agreement\n(\"NDA\") by and between NVIDIA and You. For the sake of\nclarity, You agree that (a) the Software; and (b) Your use of\nthe Software/participation in the Software's pre-production\nrelease is considered Confidential Information of NVIDIA.\n\nIf You wish to have a third party consultant or subcontractor\n(\"Contractor\") perform work on Your behalf which involves\naccess to or use of Software, You shall obtain a written\nconfidentiality agreement from the Contractor which contains\nterms and obligations with respect to access to or use of\nSoftware no less restrictive than those set forth in this\nAgreement and excluding any distribution or sublicense rights,\nand use for any other purpose than permitted in this\nAgreement. Otherwise, You shall not disclose the terms or\nexistence of this Agreement or use NVIDIA's name in any\npublications, advertisements, or other announcements without\nNVIDIA's prior written consent. Unless otherwise provided in\nthis Agreement, You do not have any rights to use any NVIDIA\ntrademarks or logos.\n\n\n5.3. Ownership of Software and Intellectual Property Rights\n\nAll rights, title and interest to all copies of the Software\nremain with NVIDIA, subsidiaries, licensors, or its suppliers.\nThe Software is copyrighted and protected by the laws of the\nUnited States and other countries, and international treaty\nprovisions. You may not remove any copyright notices from the\nSoftware. NVIDIA may make changes to the Software, or to items\nreferenced therein, at any time and without notice, but is not\nobligated to support or update the Software. Except as\notherwise expressly provided, NVIDIA grants no express or\nimplied right under any NVIDIA patents, copyrights,\ntrademarks, or other intellectual property rights.\n\nYou have no obligation to give NVIDIA any suggestions,\ncomments or other feedback (\"Feedback\") relating to the\nSoftware. However, NVIDIA may use and include any Feedback\nthat You voluntarily provide to improve the Software or other\nrelated NVIDIA technologies. Accordingly, if You provide\nFeedback, You agree NVIDIA and its licensees may freely use,\nreproduce, license, distribute, and otherwise commercialize\nthe Feedback in the Software or other related technologies\nwithout the payment of any royalties or fees. You also agree\nthat the Software may collect application specific session\ndata and target device information that shall be sent to\nNVIDIA, solely for use by NVIDIA in improving the Software.\n\n\n5.4. No Warranties\n\nTHE SOFTWARE IS PROVIDED \"AS IS\" WITHOUT ANY EXPRESS OR\nIMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF\nMERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR\nPURPOSE. NVIDIA does not warrant or assume responsibility for\nthe accuracy or completeness of any information, text,\ngraphics, links or other items contained within the Software.\nNVIDIA does not represent that errors or other defects will be\nidentified or corrected.\n\n\n5.5. Limitation of Liability\n\nEXCEPT WITH RESPECT TO THE MISUSE OF THE OTHER PARTY'S\nINTELLECTUAL PROPERTY OR DISCLOSURE OF THE OTHER PARTY'S\nCONFIDENTIAL INFORMATION IN BREACH OF THIS AGREEMENT, IN NO\nEVENT SHALL NVIDIA, SUBSIDIARIES, LICENSORS, OR ITS SUPPLIERS\nBE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT\nLIMITATION, INDIRECT, LOST PROFITS, CONSEQUENTIAL, BUSINESS\nINTERRUPTION OR LOST INFORMATION) ARISING OUT OF THE USE OF OR\nINABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED\nOF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS\nPROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED\nWARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE\nABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER\nLEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.\nNOTWITHSTANDING THE FOREGOING, NVIDIA'S AGGREGATE LIABILITY\nARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED\nUNITED STATES DOLLARS (USD$100).\n\n\n5.6. Term\n\nThis Agreement and the licenses granted hereunder shall be\neffective as of the date You install/download the Software\n(\"Effective Date\") and continue perpetually, unless terminated\nearlier in accordance with the \"Termination\" provision of this\nAgreement.\n\n\n5.7. Termination\n\nNVIDIA may terminate this Agreement at any time if You violate\nits terms. Upon termination, You will immediately destroy the\nSoftware or return all copies of the Software to NVIDIA, and\ncertify to NVIDIA in writing that such actions have been\ncompleted.\n\n\n5.8. Miscellaneous\n\n\n5.8.1. Survival\n\nThose provisions in this Agreement, which by their nature need\nto survive the termination or expiration of this Agreement,\nshall survive termination or expiration of the Agreement,\nincluding but not limited to Section 5.2, Section 5.3,\nSection 5.4, Section 5.5, Section 5.7, and Section 5.8.\n\n\n5.8.2. Applicable Laws\n\nClaims arising under this Agreement shall be governed by the\nlaws of Delaware, excluding its principles of conflict of laws\nand the United Nations Convention on Contracts for the Sale of\nGoods. The state and/or federal courts residing in Santa Clara\nCounty, California shall have exclusive jurisdiction over any\ndispute or claim arising out of this Agreement. You may not\nexport the Software in violation of applicable export laws and\nregulations.\n\n\n5.8.3. Amendment\n\nThe Agreement shall not be modified except by a written\nagreement that names this Agreement and any provision to be\nmodified, is dated subsequent to the Effective Date, and is\nsigned by duly authorized representatives of both parties.\n\n\n5.8.4. No Waiver\n\nNo failure or delay on the part of either party in the\nexercise of any right, power or remedy under this Agreement or\nunder law, or to insist upon or enforce performance by the\nother party of any of the provisions of this Agreement or\nunder law, shall operate as a waiver thereof, nor shall any\nsingle or partial exercise of any right, power or remedy\npreclude other or further exercise thereof, or the exercise of\nany other right, power or remedy; rather the provision, right,\nor remedy shall be and remain in full force and effect.\n\n\n5.8.5. No Assignment\n\nThis Agreement and Licensee's rights and obligations herein,\nmay not be assigned, subcontracted, delegated, or otherwise\ntransferred by Licensee without NVIDIA's prior written\nconsent, and any attempted assignment, subcontract,\ndelegation, or transfer in violation of the foregoing will be\nnull and void. The terms of this Agreement shall be binding\nupon Licensee's assignees.\n\n\n5.8.6. Government Restricted Rights\n\nThe parties acknowledge that the Software is subject to U.S.\nexport control laws and regulations. The parties agree to\ncomply with all applicable international and national laws\nthat apply to the Software, including the U.S. Export\nAdministration Regulations, as well as end-user, end-use and\ndestination restrictions issued by U.S. and other governments.\n\nThe Software has been developed entirely at private expense\nand is commercial computer software provided with RESTRICTED\nRIGHTS. Use, duplication or disclosure of the Software by the\nU.S. Government or a U.S. Government subcontractor is subject\nto the restrictions set forth in the Agreement under which the\nSoftware was obtained pursuant to DFARS 227.7202-3(a) or as\nset forth in subparagraphs (c)(1) and (2) of the Commercial\nComputer Software - Restricted Rights clause at FAR 52.227-19,\nas applicable. Contractor/manufacturer is NVIDIA, 2701 San\nTomas Expressway, Santa Clara, CA 95050. Use of the Software\nby the Government constitutes acknowledgment of NVIDIA's\nproprietary rights therein.\n\n\n5.8.7. Independent Contractors\n\nLicensee's relationship to NVIDIA is that of an independent\ncontractor, and neither party is an agent or partner of the\nother. Licensee will not have, and will not represent to any\nthird party that it has, any authority to act on behalf of\nNVIDIA.\n\n\n5.8.8. Severability\n\nIf for any reason a court of competent jurisdiction finds any\nprovision of this Agreement, or portion thereof, to be\nunenforceable, that provision of the Agreement will be\nenforced to the maximum extent permissible so as to affect the\nintent of the parties, and the remainder of this Agreement\nwill continue in full force and effect. This Agreement has\nbeen negotiated by the parties and their respective counsel\nand will be interpreted fairly in accordance with its terms\nand without any strict construction in favor of or against\neither party.\n\n\n5.8.9. Entire Agreement\n\nThis Agreement and NDA constitute the entire agreement between\nthe parties with respect to the subject matter contemplated\nherein, and merges all prior and contemporaneous\ncommunications.\n\nMICROSOFT SOFTWARE LICENSE TERMS\nMICROSOFT DIRECTX END USER RUNTIME\n\nThese license terms are an agreement between Microsoft Corporation (or based on\nwhere you live, one of its affiliates) and you. Please read them. They apply\nto the software named above, which includes the media on which you received it,\nif any. The terms also apply to any Microsoft\n\n* updates,\n* supplements,\n* Internet-based services, and \n* support services\n\nfor this software, unless other terms accompany those items. If so, those\nterms apply.\n\nBY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO\nNOT USE THE SOFTWARE.\n\nIf you comply with these license terms, you have the rights below.\n\n1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies\nof the software on your devices.\n\n2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only\ngives you some rights to use the software. Microsoft reserves all other\nrights. Unless applicable law gives you more rights despite this limitation,\nyou may use the software only as expressly permitted in this agreement. In\ndoing so, you must comply with any technical limitations in the software that\nonly allow you to use it in certain ways. You may not\n\n* work around any technical limitations in the software;\n* reverse engineer, decompile or disassemble the software, except and only to\n the extent that applicable law expressly permits, despite this limitation;\n* make more copies of the software than specified in this agreement or allowed\n by applicable law, despite this limitation;\n* publish the software for others to copy;\n* rent, lease or lend the software;\n* transfer the software or this agreement to any third party; or\n* use the software for commercial software hosting services.\n\n3. BACKUP COPY. You may make one backup copy of the software. You may use it\nonly to reinstall the software.\n\n4. DOCUMENTATION. Any person that has valid access to your computer or\ninternal network may copy and use the documentation for your internal,\nreference purposes.\n\n5. EXPORT RESTRICTIONS. The software is subject to United States export laws\nand regulations. You must comply with all domestic and international export\nlaws and regulations that apply to the software. These laws include\nrestrictions on destinations, end users and end use. For additional\ninformation, see www.microsoft.com/exporting.\n\n6. SUPPORT SERVICES. Because this software is \"as is,\" we may not provide\nsupport services for it.\n\n7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates,\nInternet-based services and support services that you use, are the entire\nagreement for the software and support services.\n\n8. APPLICABLE LAW.\n\na. United States. If you acquired the software in the United States,\nWashington state law governs the interpretation of this agreement and applies\nto claims for breach of it, regardless of conflict of laws principles. The\nlaws of the state where you live govern all other claims, including claims\nunder state consumer protection laws, unfair competition laws, and in tort.\n\nb. Outside the United States. If you acquired the software in any other\ncountry, the laws of that country apply.\n\n9. LEGAL EFFECT. This agreement describes certain legal rights. You may have\nother rights under the laws of your country. You may also have rights with\nrespect to the party from whom you acquired the software. This agreement does\nnot change your rights under the laws of your country if the laws of your\ncountry do not permit it to do so.\n\n10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED \"AS-IS.\" YOU BEAR THE\nRISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR\nCONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS\nWHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL\nLAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR\nA PARTICULAR PURPOSE AND NON-INFRINGEMENT.\n\n11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM\nMICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT\nRECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL,\nINDIRECT OR INCIDENTAL DAMAGES.\n\nThis limitation applies to\n\n* anything related to the software, services, content (including code) on third\n party Internet sites, or third party programs; and\n* claims for breach of contract, breach of warranty, guarantee or condition,\n strict liability, negligence, or other tort to the extent permitted by\n applicable law.\n\nIt also applies even if Microsoft knew or should have known about the\npossibility of the damages. The above limitation or exclusion may not apply to\nyou because your country may not allow the exclusion or limitation of\nincidental, consequential or other damages.\n\nThe Software contains components, as listed below that are\nlicensed to Licensee pursuant to the terms and conditions of\ntheir respective End User License Agreements:\n\n * NVIDIA CUDA Samples\n\n * NVIDIA CUDA Toolkit\n\n * NVIDIA DirectX SDK\n\nMore information, including licensing information, about the\nNVIDIA CUDA Toolkit and the NVIDIA CUDA Samples can be found\nat: http://www.nvidia.com/getcuda\n\nMore information, including licensing information, about the\nNVIDIA DirectX SDK can be found at:\nhttp://developer.nvidia.com/object/sdk_home.html\n\n\n6. NVIDIA CUDA General Terms\n----------------------------\n\nThe Software, on the Windows platform, may collect\nnon-personally identifiable information for the purposes of\ncustomizing information delivered to you and improving future\nversions of the Software. Such information, including IP\naddress and system configuration, will only be collected on an\nanonymous basis and cannot be linked to any personally\nidentifiable information. Personally identifiable information\nsuch as your username or hostname is not collected.\n\n-------------------------------------------------------------\n", "alias": "license_cuda", "name": "CUDA License" } ] } }