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132 lines
6.1 KiB
132 lines
6.1 KiB
10 years ago
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License For Customer Use of NVIDIA Software
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IMPORTANT NOTICE -- READ CAREFULLY: This License For Customer Use of
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NVIDIA Software ("LICENSE") is the agreement which governs use of
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the software of NVIDIA Corporation and its subsidiaries ("NVIDIA")
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downloadable herefrom, including computer software and associated
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printed materials ("SOFTWARE"). By downloading, installing, copying,
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or otherwise using the SOFTWARE, you agree to be bound by the terms
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of this LICENSE. If you do not agree to the terms of this LICENSE,
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do not download the SOFTWARE.
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RECITALS
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Use of NVIDIA's products requires three elements: the SOFTWARE, the
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hardware, and a personal computer. The SOFTWARE is protected by copyright
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laws and international copyright treaties, as well as other intellectual
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property laws and treaties. The SOFTWARE may be protected by various
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patents, and is not sold, and instead is only licensed for use, strictly
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in accordance with this document. The hardware is protected by various
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patents, and is sold, but this agreement does not cover that sale, since
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it may not necessarily be sold as a package with the SOFTWARE. This
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agreement sets forth the terms and conditions of the SOFTWARE LICENSE only.
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1. DEFINITIONS
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1.1 Customer. Customer means the entity or individual that
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downloads or otherwise obtains the SOFTWARE.
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2. GRANT OF LICENSE
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2.1 Rights and Limitations of Grant. NVIDIA hereby grants Customer
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the following non-exclusive, non-transferable right to use the
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SOFTWARE, with the following limitations:
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2.1.1 Rights. Customer may install and use multiple copies of the
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SOFTWARE on a shared computer or concurrently on different computers,
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and make multiple back-up copies of the SOFTWARE, solely for Customer's
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use within Customer's Enterprise. "Enterprise" shall mean individual use
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by Customer or any legal entity (such as a corporation or university)
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and the subsidiaries it owns by more than fifty percent (50%).
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2.1.2 Open Source Exception. Notwithstanding the foregoing terms
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of Section 2.1.1, SOFTWARE may be copied and redistributed solely for
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use on operating systems distributed under the terms of an OSI-approved
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open source license as listed by the Open Source Initiative at
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http://opensource.org, provided that the binary files thereof are not
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modified, and Customer provides a copy of this license with the SOFTWARE.
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2.1.3 Limitations.
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No Reverse Engineering. Customer may not reverse engineer,
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decompile, or disassemble the SOFTWARE, nor attempt in any other
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manner to obtain the source code.
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Usage. SOFTWARE is licensed only for use with microprocessor(s) which have
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been (i) designed by NVIDIA and (ii) either (a) sold by or (b) licensed by
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NVIDIA. Customer shall not use SOFTWARE in conjunction with, nor cause
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SOFTWARE to be executed by, any other microprocessor.
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No Translation. Customer shall not translate SOFTWARE, nor cause or permit
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SOFTWARE to be translated, from the architecture or language in which it is
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originally provided by NVIDIA, into any other architecture or language.
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No Rental. Customer may not rent or lease the SOFTWARE to someone
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else.
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3. TERMINATION
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This LICENSE will automatically terminate if Customer fails to
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comply with any of the terms and conditions hereof. In such event,
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Customer must destroy all copies of the SOFTWARE and all of its
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component parts.
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Defensive Suspension. If Customer commences or participates in any legal
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proceeding against NVIDIA, then NVIDIA may, in its sole discretion,
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suspend or terminate all license grants and any other rights provided
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under this LICENSE during the pendency of such legal proceedings.
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4. COPYRIGHT
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All title and copyrights in and to the SOFTWARE (including but
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not limited to all images, photographs, animations, video, audio,
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music, text, and other information incorporated into the SOFTWARE),
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the accompanying printed materials, and any copies of the SOFTWARE,
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are owned by NVIDIA, or its suppliers. The SOFTWARE is protected
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by copyright laws and international treaty provisions. Accordingly,
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Customer is required to treat the SOFTWARE like any other copyrighted
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material, except as otherwise allowed pursuant to this LICENSE
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and that it may make one copy of the SOFTWARE solely for backup or
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archive purposes.
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5. APPLICABLE LAW
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This agreement shall be deemed to have been made in, and shall be
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construed pursuant to, the laws of the State of California.
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6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
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6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
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LAW, THE SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS
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DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
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NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
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FOR A PARTICULAR PURPOSE.
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6.2 No Liability for Consequential Damages. TO THE MAXIMUM
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EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NVIDIA OR
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ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
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CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
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DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
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OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT
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OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS
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BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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7. MISCELLANEOUS
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The United Nations Convention on Contracts for the International
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Sale of Goods is specifically disclaimed. If any provision of this
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LICENSE is inconsistent with, or cannot be fully enforced under,
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the law, such provision will be construed as limited to the extent
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necessary to be consistent with and fully enforceable under the law.
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This agreement is the final, complete and exclusive agreement between
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the parties relating to the subject matter hereof, and supersedes
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all prior or contemporaneous understandings and agreements relating
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to such subject matter, whether oral or written. Customer agrees
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that it will not ship, transfer or export the SOFTWARE into any
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country, or use the SOFTWARE in any manner, prohibited by the
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United States Bureau of Export Administration or any export laws,
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restrictions or regulations. This LICENSE may only be modified in
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writing signed by an authorized officer of NVIDIA.
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