122 lines
5.6 KiB
Text
122 lines
5.6 KiB
Text
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 the
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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 on a graphics controller board, and a personal computer. The
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SOFTWARE is protected by copyright laws and international copyright
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treaties, as well as other intellectual property laws and treaties.
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The SOFTWARE 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 LICENSE 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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LICENSE 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 downloads
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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 one copy of the SOFTWARE
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on a single computer, and except for making one back-up copy of the
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Software, may not otherwise copy the SOFTWARE. This LICENSE of SOFTWARE
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may not be shared or used concurrently on different computers.
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2.1.2 Linux/FreeBSD Exception. Notwithstanding the foregoing terms
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of Section 2.1.1, SOFTWARE designed exclusively for use on the Linux or
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FreeBSD operating systems, or other operating systems derived from the
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source code to these operating systems, may be copied and redistributed,
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provided that the binary files thereof are not modified in any way
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(except for unzipping of compressed files).
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2.1.3 Limitations.
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No Reverse Engineering. Customer may not reverse engineer, decompile,
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or disassemble the SOFTWARE, nor attempt in any other manner to obtain
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the source code.
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No Separation of Components. The SOFTWARE is licensed as a single product.
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Its component parts may not be separated for use on more than one computer,
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nor otherwise used separately from the other parts.
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No Rental. Customer may not rent or lease the SOFTWARE to someone else.
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3. TERMINATION
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This LICENSE will automatically terminate if Customer fails to comply
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with any of the terms and conditions hereof. In such event, Customer
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must destroy all copies of the SOFTWARE and all of its 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 not
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limited to all images, photographs, animations, video, audio, music,
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text, and other information incorporated into the SOFTWARE), the
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accompanying printed materials, and any copies of the SOFTWARE, are
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owned by NVIDIA, or its suppliers. The SOFTWARE is protected by copyright
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laws and international treaty provisions. Accordingly, Customer is
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required to treat the SOFTWARE like any other copyrighted material,
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except as otherwise allowed pursuant to this LICENSE and that it may
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make one copy of the SOFTWARE solely for backup or archive purposes.
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5. APPLICABLE LAW
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This LICENSE 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. The
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United Nations Convention on Contracts for the International Sale
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of Goods is specifically disclaimed.
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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 LAW,
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THE SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS DISCLAIM
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ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
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TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
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PURPOSE.
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6.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT
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PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NVIDIA OR ITS SUPPLIERS
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BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
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WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
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PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY
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OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
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SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
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DAMAGES.
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7. MISCELLANEOUS
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If any provision of this LICENSE is inconsistent with, or cannot be
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fully enforced under, the law, such provision will be construed as
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limited to the extent necessary to be consistent with and fully
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enforceable under the law. This LICENSE is the final, complete and
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exclusive agreement between the parties relating to the subject matter
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hereof, and supersedes all prior or contemporaneous understandings and
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agreements relating to such subject matter, whether oral or written.
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This LICENSE may only be modified in writing signed by an authorized
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officer of NVIDIA. Customer agrees that it will not ship, transfer
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or export the SOFTWARE into any country, or use the SOFTWARE in any
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manner, prohibited by the United States Bureau of Export Administration
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or any export laws, restrictions or regulations.
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EULA (07-22-04)
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