| License For Customer Use of NVIDIA Software
|IMPORTANT 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.
|Use of NVIDIA's products requires three elements: the SOFTWARE, the
|hardware, 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 may be protected by various
|patents, and 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.
|1.1 Customer. Customer means the entity or individual that
|downloads or otherwise obtains the SOFTWARE.
|2. GRANT OF LICENSE
|2.1 Rights and Limitations of Grant. NVIDIA hereby grants Customer
|the following non-exclusive, non-transferable right to use the
|SOFTWARE, with the following limitations:
|2.1.1 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%).
|2.1.2 Open Source Exception. Notwithstanding the foregoing terms
|of Section 2.1.1, SOFTWARE may be copied and redistributed solely for
|use on operating systems distributed under the terms of an OSI-approved
|open source license as listed by the Open Source Initiative at
|http://opensource.org, provided that the binary files thereof are not
|modified, and Customer provides a copy of this license with the SOFTWARE.
|No Reverse Engineering. Customer may not reverse engineer,
|decompile, or disassemble the SOFTWARE, nor attempt in any other
|manner to obtain the source code.
|Usage. SOFTWARE is licensed only for use with microprocessor(s) which have
|been (i) designed by NVIDIA and (ii) either (a) sold by or (b) licensed by
|NVIDIA. Customer shall not use SOFTWARE in conjunction with, nor cause
|SOFTWARE to be executed by, any other microprocessor.
|No Translation. Customer shall not translate SOFTWARE, nor cause or permit
|SOFTWARE to be translated, from the architecture or language in which it is
|originally provided by NVIDIA, into any other architecture or language.
|No Rental. Customer may not rent or lease the SOFTWARE to someone
|This 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
|Defensive 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.
|All 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
|5. APPLICABLE LAW
|This agreement shall be deemed to have been made in, and shall be
|construed pursuant to, the laws of the State of California.
|6. 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 AND FITNESS
|FOR A PARTICULAR PURPOSE.
|6.2 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.
|The 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.