| End User License Agreement |
| -------------------------- |
| |
| |
| Preface |
| ------- |
| |
| The following contains specific license terms and conditions |
| for four separate products included in this installer. By |
| accepting this agreement, you agree to comply with all the |
| terms and conditions applicable to each product as specified |
| herein. |
| |
| |
| NVIDIA CUDA Toolkit |
| |
| |
| Description |
| |
| The NVIDIA CUDA Toolkit provides command-line and graphical |
| tools for building, debugging and optimizing the performance |
| of applications accelerated by NVIDIA GPUs, runtime and math |
| libraries, and documentation including programming guides, |
| user manuals, and API references. The NVIDIA CUDA Toolkit |
| License Agreement is available in Chapter 1. |
| |
| |
| Default Install Location of CUDA Toolkit |
| |
| Windows platform: |
| |
| %ProgramFiles%\NVIDIA GPU Computing Toolkit\CUDA\v#.# |
| |
| Linux platform: |
| |
| /usr/local/cuda-#.# |
| |
| Mac platform: |
| |
| /Developer/NVIDIA/CUDA-#.# |
| |
| |
| NVIDIA CUDA Samples |
| |
| |
| Description |
| |
| This package includes over 100+ CUDA examples that demonstrate |
| various CUDA programming principles, and efficient CUDA |
| implementation of algorithms in specific application domains. |
| The NVIDIA CUDA Samples License Agreement is available in |
| Chapter 2. |
| |
| |
| Default Install Location of CUDA Samples |
| |
| Windows platform: |
| |
| %ProgramData%\NVIDIA Corporation\CUDA Samples\v#.# |
| |
| Linux platform: |
| |
| /usr/local/cuda-#.#/samples |
| |
| and |
| |
| $HOME/NVIDIA_CUDA-#.#_Samples |
| |
| Mac platform: |
| |
| /Developer/NVIDIA/CUDA-#.#/samples |
| |
| |
| NVIDIA Driver |
| |
| |
| Description |
| |
| This package contains the operating system driver and |
| fundamental system software components for NVIDIA GPUs. The |
| NVIDIA Driver License is available in Chapter 3. |
| |
| |
| NVIDIA Nsight Visual Studio Edition (Windows only) |
| |
| |
| Description |
| |
| NVIDIA Nsight Development Platform, Visual Studio Edition is a |
| development environment integrated into Microsoft Visual |
| Studio that provides tools for debugging, profiling, analyzing |
| and optimizing your GPU computing and graphics applications. |
| The NVIDIA Nsight Visual Studio Edition License Agreement is |
| available in Chapter 4. |
| |
| |
| Default Install Location of Nsight Visual Studio Edition |
| |
| Windows platform: |
| |
| %ProgramFiles%\NVIDIA Corporation\Nsight Visual Studio Edition #.# |
| |
| |
| NVIDIA CUDA General Terms |
| |
| |
| Description |
| |
| General terms that apply to all of the software components are |
| available in Chapter 5. |
| |
| |
| 1. NVIDIA CUDA Toolkit License Agreement |
| ---------------------------------------- |
| |
| |
| Important Notice |
| ---------------- |
| |
| READ CAREFULLY: This Software License Agreement ("Agreement") |
| for NVIDIA CUDA Toolkit, including computer software and |
| associated documentation ("Software"), is the Agreement which |
| governs use of the SOFTWARE of NVIDIA Corporation and its |
| subsidiaries ("NVIDIA") downloadable herefrom. 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. |
| |
| |
| Recitals |
| -------- |
| |
| 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. |
| |
| |
| 1.1. Definitions |
| |
| |
| 1.1.1. Licensee |
| |
| "You", or "Your" shall mean the entity or individual that |
| downloads and uses the SOFTWARE. |
| |
| |
| 1.1.2. Redistributable Software |
| |
| "Redistributable Software" shall mean the redistributable |
| libraries referenced in Attachment A of this Agreement. |
| |
| |
| 1.1.3. Software |
| |
| "SOFTWARE" shall mean the deliverables provided pursuant to |
| this Agreement. |
| |
| |
| 1.2. Grant of License |
| |
| |
| 1.2.1. Rights and Limitations of Grant |
| |
| Provided that Licensee complies with the terms of this |
| Agreement, NVIDIA hereby grants Licensee the following |
| limited, non-exclusive, non-transferable, non-sublicensable |
| (except as expressly permitted otherwise for Redistributable |
| Software in Section 1.2.1.1 and Section 1.2.1.3 of this |
| Agreement) right to use the SOFTWARE, with the following |
| limitations: |
| |
| |
| 1.2.1.1. Redistribution Rights |
| |
| Licensee may transfer, redistribute, and sublicense certain |
| files of the Redistributable SOFTWARE, as defined in |
| Attachment A of this Agreement, provided, however, that (a) |
| the Redistributable SOFTWARE shall be distributed solely in |
| binary form to Licensee's licensees ("Customers") only as a |
| component of Licensee's own software products (each, a |
| "Licensee Application"); (b) Licensee shall design the |
| Licensee Application such that the Redistributable SOFTWARE |
| files are installed only in a private (non-shared) directory |
| location that is used only by the Licensee Application; (c) |
| Licensee shall obtain each Customer's written or clickwrap |
| agreement to the license terms under a written, legally |
| enforceable agreement that has the effect of protecting the |
| SOFTWARE and the rights of NVIDIA under terms no less |
| restrictive than this Agreement. |
| |
| |
| 1.2.1.2. 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. |
| |
| |
| 1.2.1.3. Further Redistribution Rights |
| |
| Subject to the terms and conditions of the Agreement, Licensee |
| may authorize Customers to further redistribute the |
| Redistributable SOFTWARE that such Customers receive as part |
| of the Licensee Application, solely in binary form, provided, |
| however, that Licensee shall require in their standard |
| software license agreements with Customers that all such |
| redistributions must be made pursuant to a license agreement |
| that has the effect of protecting the SOFTWARE and the rights |
| of NVIDIA whose terms and conditions are at least as |
| restrictive as those in the applicable Licensee software |
| license agreement covering the Licensee Application. For |
| avoidance of doubt, termination of this Agreement shall not |
| affect rights previously granted by Licensee to its Customers |
| under this Agreement to the extent validly granted to |
| Customers under Section 1.2.1.1. |
| |
| |
| 1.2.1.4. Linux/FreeBSD Exception |
| |
| Notwithstanding the foregoing terms of Section 1.2.1.2, |
| Section 1.2.1.1 and Section 1.2.1.3, 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). |
| |
| |
| 1.2.1.5. Additional Licensing Obligations |
| |
| Licensee acknowledges and agrees that its use of certain third |
| party components included with the SOFTWARE may be subject to |
| additional licensing terms and conditions as set forth or |
| referenced in Attachment B of this Agreement. |
| |
| |
| 1.2.1.6. 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. |
| |
| |
| 1.3. 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. |
| |
| This Agreement will automatically terminate if Licensee fails |
| to comply with any of the terms and conditions hereof. In such |
| event, Licensee must destroy all copies of the SOFTWARE and |
| all of its component parts. |
| |
| |
| Defensive Suspension |
| |
| If Licensee 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 Agreement during the pendency of such |
| legal proceedings. |
| |
| |
| 1.4. Copyright |
| |
| All rights, title, interest 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, 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. |
| |
| |
| 1.5. Applicable Law |
| |
| This Agreement shall be deemed to have been made in, and shall |
| be construed pursuant to, the laws of the State of 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. |
| |
| |
| 1.6. Disclaimer of Warranties and Limitations on Liability |
| |
| |
| 1.6.1. 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. |
| |
| |
| 1.6.2. 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. |
| |
| |
| 1.6.3. No Support |
| |
| NVIDIA has no obligation to support or to provide any updates |
| of the Software. |
| |
| |
| 1.7. Miscellaneous |
| |
| |
| 1.7.1. 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: |
| |
| |
| 1.7.1.1. 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. |
| |
| |
| 1.7.1.2. 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. |
| |
| |
| 1.7.1.3. 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. |
| |
| |
| 1.7.1.4. 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. |
| |
| |
| 1.7.2. 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 1.7.1.2 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. |
| |
| |
| 1.7.3. 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. |
| |
| |
| 1.7.4. |
| |
| 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. |
| |
| |
| 1.7.5. |
| |
| The parties agree that the following sections of the Agreement |
| will survive the termination of the License: Section 1.2.1.4, |
| Section 1.4, Section 1.5, Section 1.6, and Section 1.7. |
| |
| |
| 1.8. Attachment A |
| |
| |
| Redistributable Software |
| |
| In connection with Section 1.2.1.1 of this Agreement, the |
| following files may be redistributed with software |
| applications developed by Licensee, including certain |
| variations of these files that have version number or |
| architecture specific information embedded in the file name - |
| as an example only, for release version 5.5 of the 64-bit |
| Windows software, the file cudart64_55.dll is redistributable. |
| |
| Component : CUDA Runtime |
| Windows : cudart.dll, cudart_static.lib |
| MacOS : libcudart.dylib, libcudart_static.a |
| Linux : libcudart.so, libcudart_static.a |
| |
| Component : CUDA FFT Library |
| Windows : cufft.dll |
| MacOS : libcufft.dylib |
| Linux : libcufft.so |
| |
| Component : CUDA BLAS Library |
| Windows : cublas.dll |
| MacOS : libcublas.dylib |
| Linux : libcublas.so |
| |
| Component : CUDA Sparse Matrix Library |
| Windows : cusparse.dll |
| MacOs : libcusparse.dylib |
| Linux : libcusparse.so |
| |
| Component : CUDA Random Number Generation Library |
| Windows : curand.dll |
| MacOs : libcurand.dylib |
| Linux : libcurand.so |
| |
| Component : NVIDIA Performance Primitives Library |
| Windows : nppc.dll, nppi.dll, npps.dll |
| MacOs : libnppc.dylib, libnppi.dylib, libnpps.dylib |
| Linux : libnppc.so, libnppi.so, libnpps.so |
| |
| Component : NVIDIA Optimizing Compiler Library |
| Windows : nvvm.dll |
| MacOs : libnvvm.so |
| Linux : libnvvm.dylib |
| |
| Component : NVIDIA Common Device Math Functions Library |
| Windows : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc |
| MacOs : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc |
| Linux : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc |
| |
| Component : NVIDIA Internal Library |
| MacOs : libtlshook.dylib |
| |
| |
| |
| 1.9. Attachment B |
| |
| |
| Additional Licensing Obligations |
| |
| The following third party components included in the SOFTWARE |
| are licensed to Licensee pursuant to the following terms and |
| conditions: |
| |
| 1. Licensee's use of the following third party components is |
| subject to the terms and conditions of GNU GPL v2.0: |
| |
| a. gdb |
| |
| b. Open64 |
| |
| This product includes copyrighted third-party software |
| licensed under the terms of the GNU General Public License |
| v2.0 ("GPL v2.0). All third-party software packages are |
| copyright by their respective authors. GPL v2.0 terms and |
| conditions are hereby incorporated into the Agreement by |
| this reference. |
| http://www.gnu.org/licenses/old-licenses/gpl-2.0.txt |
| |
| 2. Licensee's use of the following third party components is |
| subject to the terms and conditions of GNU GPL v3.0: |
| |
| a. gcc front-end v2.2 |
| |
| This product includes copyrighted third-party software licensed under |
| the terms of the GNU General Public License v2.0 ("GPL v2.0). All |
| third-party software packages are copyright by their respective |
| authors. GPL v2.0 terms and conditions are hereby incorporated into |
| the Agreement by this reference. |
| |
| http://www.gnu.org/licenses/gpl.html |
| |
| 3. Licensee represents and warrants that any and all third |
| party licensing and/or royalty payment obligations in |
| connection with Licensee's use of the H.264 video codecs |
| are solely the responsibility of Licensee. |
| |
| 4. Licensee's use of the Thrust library is subject to the |
| terms and conditions of the Apache License Version 2.0. |
| All third-party software packages are copyright by their |
| respective authors. Apache License Version 2.0 terms and |
| conditions are hereby incorporated into the Agreement by |
| this reference. |
| http://www.apache.org/licenses/LICENSE-2.0.html |
| |
| In addition, Licensee acknowledges the following notice: |
| |
| Thrust includes source code from the Boost Iterator, Tuple, System, |
| and Random Number libraries. |
| |
| Boost Software License - Version 1.0 - August 17th, 2003 |
| . . . . |
| |
| Permission is hereby granted, free of charge, to any person or |
| organization obtaining a copy of the software and accompanying |
| documentation covered by this license (the "Software") to use, |
| reproduce, display, distribute, execute, and transmit the Software, |
| and to prepare derivative works of the Software, and to permit |
| third-parties to whom the Software is furnished to do so, all |
| subject to the following: |
| |
| The copyright notices in the Software and this entire statement, |
| including the above license grant, this restriction and the following |
| disclaimer, must be included in all copies of the Software, in whole |
| or in part, and all derivative works of the Software, unless such |
| copies or derivative works are solely in the form of machine-executable |
| object code generated by a source language processor. |
| |
| THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, |
| EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF |
| MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND |
| NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR |
| ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR |
| OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING |
| FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR |
| OTHER DEALINGS IN THE SOFTWARE. |
| |
| 5. Licensee's use of the LLVM third party component is |
| subject to the following terms and conditions: |
| |
| ====================================================== |
| LLVM Release License |
| ====================================================== |
| University of Illinois/NCSA |
| Open Source License |
| |
| Copyright (c) 2003-2010 University of Illinois at Urbana-Champaign. |
| All rights reserved. |
| |
| Developed by: |
| |
| LLVM Team |
| |
| University of Illinois at Urbana-Champaign |
| |
| http://llvm.org |
| |
| Permission is hereby granted, free of charge, to any person obtaining a copy |
| of this software and associated documentation files (the "Software"), to |
| deal with the Software without restriction, including without limitation the |
| rights to use, copy, modify, merge, publish, distribute, sublicense, and/or |
| sell copies of the Software, and to permit persons to whom the Software is |
| furnished to do so, subject to the following conditions: |
| |
| * Redistributions of source code must retain the above copyright notice, |
| this list of conditions and the following disclaimers. |
| |
| * Redistributions in binary form must reproduce the above copyright |
| notice, this list of conditions and the following disclaimers in the |
| documentation and/or other materials provided with the distribution. |
| |
| * Neither the names of the LLVM Team, University of Illinois at Urbana- |
| Champaign, nor the names of its contributors may be used to endorse or |
| promote products derived from this Software without specific prior |
| written permission. |
| |
| THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR |
| IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, |
| FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL |
| THE CONTRIBUTORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR |
| OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, |
| ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER |
| DEALINGS WITH THE SOFTWARE. |
| |
| 6. Licensee's use of the PCRE third party component is |
| subject to the following terms and conditions: |
| |
| ------------ |
| PCRE LICENCE |
| ------------ |
| PCRE is a library of functions to support regular expressions whose syntax |
| and semantics are as close as possible to those of the Perl 5 language. |
| Release 8 of PCRE is distributed under the terms of the "BSD" licence, as |
| specified below. The documentation for PCRE, supplied in the "doc" |
| directory, is distributed under the same terms as the software itself. The |
| basic library functions are written in C and are freestanding. Also |
| included in the distribution is a set of C++ wrapper functions, and a just- |
| in-time compiler that can be used to optimize pattern matching. These are |
| both optional features that can be omitted when the library is built. |
| |
| THE BASIC LIBRARY FUNCTIONS |
| --------------------------- |
| Written by: Philip Hazel |
| Email local part: ph10 |
| Email domain: cam.ac.uk |
| University of Cambridge Computing Service, |
| Cambridge, England. |
| Copyright (c) 1997-2012 University of Cambridge |
| All rights reserved. |
| |
| PCRE JUST-IN-TIME COMPILATION SUPPORT |
| ------------------------------------- |
| Written by: Zoltan Herczeg |
| Email local part: hzmester |
| Emain domain: freemail.hu |
| Copyright(c) 2010-2012 Zoltan Herczeg |
| All rights reserved. |
| |
| STACK-LESS JUST-IN-TIME COMPILER |
| -------------------------------- |
| Written by: Zoltan Herczeg |
| Email local part: hzmester |
| Emain domain: freemail.hu |
| Copyright(c) 2009-2012 Zoltan Herczeg |
| All rights reserved. |
| |
| THE C++ WRAPPER FUNCTIONS |
| ------------------------- |
| Contributed by: Google Inc. |
| Copyright (c) 2007-2012, Google Inc. |
| All rights reserved. |
| |
| THE "BSD" LICENCE |
| ----------------- |
| Redistribution and use in source and binary forms, with or without |
| modification, are permitted provided that the following conditions are met: |
| |
| * Redistributions of source code must retain the above copyright notice, |
| this list of conditions and the following disclaimer. |
| |
| * Redistributions in binary form must reproduce the above copyright |
| notice, this list of conditions and the following disclaimer in the |
| documentation and/or other materials provided with the distribution. |
| |
| * Neither the name of the University of Cambridge nor the name of Google |
| Inc. nor the names of their contributors may be used to endorse or |
| promote products derived from this software without specific prior |
| written permission. |
| |
| THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" |
| AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE |
| IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE |
| ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE |
| LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR |
| CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF |
| SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS |
| INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN |
| CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) |
| ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE |
| POSSIBILITY OF SUCH DAMAGE. |
| |
| 7. Some of the CUBLAS library routines were written by or |
| derived from code written by Vasily Volkov and are subject |
| to the Modified Berkeley Software Distribution License as |
| follows: |
| |
| Copyright (c) 2007-2009, Regents of the University of California |
| |
| All rights reserved. |
| |
| Redistribution and use in source and binary forms, with or without |
| modification, are permitted provided that the following conditions are |
| met: |
| * Redistributions of source code must retain the above copyright |
| notice, this list of conditions and the following disclaimer. |
| * Redistributions in binary form must reproduce the above |
| copyright notice, this list of conditions and the following |
| disclaimer in the documentation and/or other materials provided |
| with the distribution. |
| * Neither the name of the University of California, Berkeley nor |
| the names of its contributors may be used to endorse or promote |
| products derived from this software without specific prior |
| written permission. |
| |
| THIS SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS" AND ANY EXPRESS OR |
| IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED |
| WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE |
| DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, |
| INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES |
| (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR |
| SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) |
| HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, |
| STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING |
| IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE |
| POSSIBILITY OF SUCH DAMAGE. |
| |
| 8. Some of the CUBLAS library routines were written by or |
| derived from code written by Davide Barbieri and are |
| subject to the Modified Berkeley Software Distribution |
| License as follows: |
| |
| Copyright (c) 2008-2009 Davide Barbieri @ University of Rome Tor Vergata. |
| |
| All rights reserved. |
| |
| Redistribution and use in source and binary forms, with or without |
| modification, are permitted provided that the following conditions are |
| met: |
| * Redistributions of source code must retain the above copyright |
| notice, this list of conditions and the following disclaimer. |
| * Redistributions in binary form must reproduce the above |
| copyright notice, this list of conditions and the following |
| disclaimer in the documentation and/or other materials provided |
| with the distribution. |
| * The name of the author may not be used to endorse or promote |
| products derived from this software without specific prior |
| written permission. |
| |
| THIS SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS" AND ANY EXPRESS OR |
| IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED |
| WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE |
| DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, |
| INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES |
| (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR |
| SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) |
| HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, |
| STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING |
| IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE |
| POSSIBILITY OF SUCH DAMAGE. |
| |
| 9. Some of the CUBLAS library routines were derived from |
| code developed by the University of Tennessee and are |
| subject to the Modified Berkeley Software Distribution |
| License as follows: |
| |
| Copyright (c) 2010 The University of Tennessee. |
| |
| All rights reserved. |
| |
| Redistribution and use in source and binary forms, with or without |
| modification, are permitted provided that the following conditions are |
| met: |
| * Redistributions of source code must retain the above copyright |
| notice, this list of conditions and the following disclaimer. |
| * Redistributions in binary form must reproduce the above |
| copyright notice, this list of conditions and the following |
| disclaimer listed in this license in the documentation and/or |
| other materials provided with the distribution. |
| * Neither the name of the copyright holders nor the names of its |
| contributors may be used to endorse or promote products derived |
| from this software without specific prior written permission. |
| |
| THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS |
| "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT |
| LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR |
| A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT |
| OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, |
| SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT |
| LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, |
| DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY |
| THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT |
| (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE |
| OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. |
| |
| 10. Some of the CUBLAS library routines were written by or |
| derived from code written by Jonathan Hogg and are subject |
| to the Modified Berkeley Software Distribution License as |
| follows: |
| |
| Copyright (c) 2012, The Science and Technology Facilities Council (STFC). |
| |
| All rights reserved. |
| |
| Redistribution and use in source and binary forms, with or without |
| modification, are permitted provided that the following conditions are |
| met: |
| * Redistributions of source code must retain the above copyright |
| notice, this list of conditions and the following disclaimer. |
| * Redistributions in binary form must reproduce the above |
| copyright notice, this list of conditions and the following |
| disclaimer in the documentation and/or other materials provided |
| with the distribution. |
| * Neither the name of the STFC nor the names of its contributors |
| may be used to endorse or promote products derived from this |
| software without specific prior written permission. |
| |
| THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS |
| "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT |
| LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR |
| A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE STFC BE |
| LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR |
| CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF |
| SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR |
| BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, |
| WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE |
| OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN |
| IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. |
| |
| 11. Some of the CUSPARSE library routines were written by or |
| derived from code written by Li-Wen Chang and are subject |
| to the NCSA Open Source License as follows: |
| |
| Copyright (c) 2012, University of Illinois. |
| |
| All rights reserved. |
| |
| Developed by: IMPACT Group, University of Illinois, http://impact.crhc.illinois.edu |
| |
| Permission is hereby granted, free of charge, to any person obtaining |
| a copy of this software and associated documentation files (the |
| "Software"), to deal with the Software without restriction, including |
| without limitation the rights to use, copy, modify, merge, publish, |
| distribute, sublicense, and/or sell copies of the Software, and to |
| permit persons to whom the Software is furnished to do so, subject to |
| the following conditions: |
| * Redistributions of source code must retain the above copyright |
| notice, this list of conditions and the following disclaimer. |
| * Redistributions in binary form must reproduce the above |
| copyright notice, this list of conditions and the following |
| disclaimers in the documentation and/or other materials provided |
| with the distribution. |
| * Neither the names of IMPACT Group, University of Illinois, nor |
| the names of its contributors may be used to endorse or promote |
| products derived from this Software without specific prior |
| written permission. |
| |
| THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, |
| EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF |
| MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND |
| NONINFRINGEMENT. IN NO EVENT SHALL THE CONTRIBUTORS OR COPYRIGHT |
| HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER |
| IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR |
| IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS WITH THE |
| SOFTWARE. |
| |
| 12. Some of the CURAND library routines were written by or |
| derived from code written by Mutsuo Saito and Makoto |
| Matsumoto and are subject to the following license: |
| |
| Copyright (c) 2009, 2010 Mutsuo Saito, Makoto Matsumoto and Hiroshima |
| University. All rights reserved. |
| |
| Copyright (c) 2011 Mutsuo Saito, Makoto Matsumoto, Hiroshima |
| University and University of Tokyo. All rights reserved. |
| |
| Redistribution and use in source and binary forms, with or without |
| modification, are permitted provided that the following conditions are |
| met: |
| * Redistributions of source code must retain the above copyright |
| notice, this list of conditions and the following disclaimer. |
| * Redistributions in binary form must reproduce the above |
| copyright notice, this list of conditions and the following |
| disclaimer in the documentation and/or other materials provided |
| with the distribution. |
| * Neither the name of the Hiroshima University nor the names of |
| its contributors may be used to endorse or promote products |
| derived from this software without specific prior written |
| permission. |
| |
| THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS |
| "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT |
| LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR |
| A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT |
| OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, |
| SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT |
| LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, |
| DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY |
| THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT |
| (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE |
| OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. |
| |
| 13. Some of the CURAND library routines were derived from |
| code developed by D. E. Shaw Research and are subject to |
| the following license: |
| |
| Copyright 2010-2011, D. E. Shaw Research. |
| |
| All rights reserved. |
| |
| Redistribution and use in source and binary forms, with or without |
| modification, are permitted provided that the following conditions are |
| met: |
| * Redistributions of source code must retain the above copyright |
| notice, this list of conditions, and the following disclaimer. |
| * Redistributions in binary form must reproduce the above |
| copyright notice, this list of conditions, and the following |
| disclaimer in the documentation and/or other materials provided |
| with the distribution. |
| * Neither the name of D. E. Shaw Research nor the names of its |
| contributors may be used to endorse or promote products derived |
| from this software without specific prior written permission. |
| |
| THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS |
| "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT |
| LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR |
| A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT |
| OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, |
| SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT |
| LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, |
| DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY |
| THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT |
| (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE |
| OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. |
| |
| |
| 2. NVIDIA Corporation CUDA Samples End User License Agreement |
| ------------------------------------------------------------- |
| |
| BY DOWNLOADING THE SOFTWARE AND OTHER AVAILABLE MATERIALS, YOU |
| ("DEVELOPER" or "LICENSEE") AGREE TO BE BOUND BY THE FOLLOWING |
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| 2.1. License |
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| 3. NVIDIA Driver License for Customer Use of NVIDIA Software |
| ------------------------------------------------------------ |
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| IMPORTANT NOTICE -- READ CAREFULLY: |
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| that sale, since it may not necessarily be sold as a package |
| with the SOFTWARE. This LICENSE sets forth the terms and |
| conditions of the SOFTWARE LICENSE only. |
| |
| |
| 3.1. Definitions |
| |
| |
| 3.1.1. Customer |
| |
| Customer means the entity or individual that downloads the |
| SOFTWARE. |
| |
| |
| 3.2. Grant of License |
| |
| |
| 3.2.1. Rights and Limitations of Grant |
| |
| NVIDIA hereby grants Customer the following non-exclusive, |
| non-transferable right to use the SOFTWARE, with the following |
| limitations: |
| |
| |
| 3.2.1.1. 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%). |
| |
| |
| 3.2.1.2. Linux/FreeBSD Exception |
| |
| Notwithstanding the foregoing terms of Section 3.2.1.1, |
| 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). |
| |
| |
| 3.2.1.3. Limitations |
| |
| No Reverse Engineering |
| |
| Customer 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. Its component |
| parts may not be separated for use on more than one computer, |
| nor otherwise used separately from the other parts. |
| |
| No Rental |
| |
| Customer may not rent or lease the SOFTWARE to someone else. |
| |
| |
| 3.3. Termination |
| |
| 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 component parts. |
| |
| 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. |
| |
| |
| 3.4. Copyright |
| |
| 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 archive |
| purposes. |
| |
| |
| Applicable Law |
| |
| This LICENSE 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. |
| |
| |
| 3.6. Disclaimer of Warranties and Limitations on Liability |
| |
| |
| 3.6.1. No Warranties |
| |
| TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE |
| SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS |
| DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER |
| EXPRESS, IMPLIED, OR STATUTORY, RELATING TO OR ARISING FROM |
| THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, IMPLIED |
| WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR |
| PURPOSE, TITLE, AND NON-INFRINGEMENT. Without limiting the |
| foregoing, you are solely responsible for determining and |
| verifying that the SOFTWARE that you obtain and install is the |
| appropriate version for your model of graphics controller |
| board, operating system, and computer hardware. |
| |
| |
| 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. |
| |
| |
| 3.7. System Updates |
| |
| Customer hereby agrees and acknowledges that the SOFTWARE may |
| access, collect non-personally identifiable information about, |
| update, and configure Customer's system in order to properly |
| optimize such system for use with the SOFTWARE. To the extent |
| that Customer uses the SOFTWARE, Customer hereby consents to |
| all of the foregoing, and represent and warrant that Customer |
| has the right to grant such consent. In addition, Customer |
| agrees that Customer is solely responsible for maintaining |
| appropriate data backups and system restore points for |
| Customer's system, and that NVIDIA will have no responsibility |
| for any damage or loss to such system (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 system (or |
| any part of such system) initiated through the SOFTWARE; or |
| (b) installation of any SOFTWARE or third party software |
| patches through the NVIDIA Update Service. The SOFTWARE may |
| contain links to websites and services. We encourage 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 your personal information. NVIDIA is |
| not responsible for the privacy statements or practices of |
| sites and services controlled by other companies or |
| organizations. |
| |
| Registration and Customer Information. Customer represents and |
| warrants that the non-personally identifiable information that |
| Customer has furnished in connection with its registration for |
| the SOFTWARE is complete and accurate. Customer also |
| acknowledges that from time to time, NVIDIA may collect, use, |
| and disclose such information about Customer and/or Customer's |
| system in connection with the SOFTWARE in accordance with |
| NVIDIA's privacy policy, available at URL |
| http://www.nvidia.com/object/privacy_policy.html. If Customer |
| does not wish the SOFTWARE to provide system updates as |
| described in this Section 3.7, uncheck "Automatically check |
| for updates" in the "Preferences" tab of the applicable NVIDIA |
| Update control panel for the SOFTWARE. |
| |
| |
| 3.8. Miscellaneous |
| |
| 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 |
| LICENSE 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 LICENSE may only be modified in writing signed |
| by an authorized officer of NVIDIA. 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 Industry and Security or any export |
| laws, restrictions or regulations. |
| |
| |
| 4. NVIDIA Nsight Development Platform, Visual Studio Edition |
| Software License Agreement (Windows only) |
| ------------------------------------------------------------ |
| |
| |
| IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING |
| ---------------------------------------------------- |
| |
| Do not use or load this software and any associated materials |
| provided by NVIDIA on its extranet (collectively the |
| "Software") until You have carefully read the following terms |
| and conditions. By loading or using the Software, You agree to |
| fully comply with the terms and conditions of this Software |
| License Agreement ("Agreement") by and between NVIDIA |
| Corporation, a Delaware corporation with its principal place |
| of business at 2701 San Tomas Expressway, Santa Clara, |
| California 95050 U.S.A. ("NVIDIA"), and You. If You do not |
| wish to so agree, do not install or use the Software. |
| |
| For the purposes of this Agreement: |
| |
| "Licensee," "You" and/or "Your" shall mean, collectively and |
| individually, Original Equipment Manufacturers, Independent |
| Hardware Vendors, Independent Software Vendors, and End-Users |
| of the Software pursuant to the terms and conditions of this |
| Agreement. |
| |
| "Intellectual Property Rights" shall mean all proprietary |
| rights, including all patents, trademarks, copyrights, |
| know-how, trade secrets, mask works, including all |
| applications and registrations thereto, and any other similar |
| protected rights in any country. |
| |
| |
| 4.1. Grant of License |
| |
| NVIDIA agrees to provide the Software and any associated |
| materials pursuant to this Agreement. Subject to the terms of |
| this Agreement, NVIDIA grants to You a nonexclusive, |
| transferable, worldwide, revocable, limited, royalty-free, |
| fully paid-up license under NVIDIA's copyrights to install, |
| deploy, use, have used execute, reproduce, display, perform, |
| run, the object code of the Software, to create Your products |
| to interoperate with NVIDIA hardware and software. |
| |
| Unless otherwise authorized in the Agreement, You shall not |
| otherwise assign, sublicense, lease, or in any other way |
| transfer or disclose Software to any third party. Unless |
| otherwise authorized in the Agreement, You shall not reverse- |
| compile, disassemble, reverse-engineer, or in any manner |
| attempt to derive the source code of the Software from the |
| object code portions of the Software. |
| |
| Except as expressly stated in this Agreement, no license or |
| right is granted to You directly or by implication, |
| inducement, estoppels or otherwise. NVIDIA shall have the |
| right to inspect or have an independent auditor inspect Your |
| relevant records to verify Your compliance with the terms and |
| conditions of this Agreement. |
| |
| |
| 4.2. Confidentiality |
| |
| If applicable, any exchange of Confidential Information (as |
| defined in the NDA) shall be made pursuant to the terms and |
| conditions of a separately signed Non-Disclosure Agreement |
| ("NDA") by and between NVIDIA and You. For the sake of |
| clarity, You agree that (a) the Software; and (b) Your use of |
| the Software/participation in the Software's pre-production |
| release is considered Confidential Information of NVIDIA. |
| |
| If You wish to have a third party consultant or subcontractor |
| ("Contractor") perform work on Your behalf which involves |
| access to or use of Software, You shall obtain a written |
| confidentiality agreement from the Contractor which contains |
| terms and obligations with respect to access to or use of |
| Software no less restrictive than those set forth in this |
| Agreement and excluding any distribution or sublicense rights, |
| and use for any other purpose than permitted in this |
| Agreement. Otherwise, You shall not disclose the terms or |
| existence of this Agreement or use NVIDIA's name in any |
| publications, advertisements, or other announcements without |
| NVIDIA's prior written consent. Unless otherwise provided in |
| this Agreement, You do not have any rights to use any NVIDIA |
| trademarks or logos. |
| |
| |
| 4.3. Ownership of Software and Intellectual Property Rights |
| |
| All rights, title and interest to all copies of the Software |
| remain with NVIDIA, subsidiaries, licensors, or its suppliers. |
| The Software is copyrighted and protected by the laws of the |
| United States and other countries, and international treaty |
| provisions. You may not remove any copyright notices from the |
| Software. NVIDIA may make changes to the Software, or to items |
| referenced therein, at any time and without notice, but is not |
| obligated to support or update the Software. Except as |
| otherwise expressly provided, NVIDIA grants no express or |
| implied right under any NVIDIA patents, copyrights, |
| trademarks, or other intellectual property rights. |
| |
| You have no obligation to give NVIDIA any suggestions, |
| comments or other feedback ("Feedback") relating to the |
| Software. However, NVIDIA may use and include any Feedback |
| that You voluntarily provide to improve the Software or other |
| related NVIDIA technologies. Accordingly, if You provide |
| Feedback, You agree NVIDIA and its licensees may freely use, |
| reproduce, license, distribute, and otherwise commercialize |
| the Feedback in the Software or other related technologies |
| without the payment of any royalties or fees. You also agree |
| that the Software may collect application specific session |
| data and target device information that shall be sent to |
| NVIDIA, solely for use by NVIDIA in improving the Software. |
| |
| |
| 4.4. No Warranties |
| |
| THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR |
| IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF |
| MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR |
| PURPOSE. NVIDIA does not warrant or assume responsibility for |
| the accuracy or completeness of any information, text, |
| graphics, links or other items contained within the Software. |
| NVIDIA does not represent that errors or other defects will be |
| identified or corrected. |
| |
| |
| 4.5. Limitation of Liability |
| |
| EXCEPT WITH RESPECT TO THE MISUSE OF THE OTHER PARTY'S |
| INTELLECTUAL PROPERTY OR DISCLOSURE OF THE OTHER PARTY'S |
| CONFIDENTIAL INFORMATION IN BREACH OF THIS AGREEMENT, IN NO |
| EVENT SHALL NVIDIA, SUBSIDIARIES, LICENSORS, OR ITS SUPPLIERS |
| BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT |
| LIMITATION, INDIRECT, LOST PROFITS, CONSEQUENTIAL, BUSINESS |
| INTERRUPTION OR LOST INFORMATION) ARISING OUT OF THE USE OF OR |
| INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED |
| OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS |
| PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED |
| WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE |
| ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER |
| LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. |
| NOTWITHSTANDING THE FOREGOING, NVIDIA'S AGGREGATE LIABILITY |
| ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED |
| UNITED STATES DOLLARS (USD$100). |
| |
| |
| 4.6. Term |
| |
| This Agreement and the licenses granted hereunder shall be |
| effective as of the date You install/download the Software |
| ("Effective Date") and continue perpetually, unless terminated |
| earlier in accordance with the "Termination" provision of this |
| Agreement. |
| |
| |
| 4.7. Termination |
| |
| NVIDIA may terminate this Agreement at any time if You violate |
| its terms. Upon termination, You will immediately destroy the |
| Software or return all copies of the Software to NVIDIA, and |
| certify to NVIDIA in writing that such actions have been |
| completed. |
| |
| |
| 4.8. Miscellaneous |
| |
| |
| 4.8.1. Survival |
| |
| Those provisions in this Agreement, which by their nature need |
| to survive the termination or expiration of this Agreement, |
| shall survive termination or expiration of the Agreement, |
| including but not limited to Section 4.2, Section 4.3, |
| Section 4.4, Section 4.5, Section 4.7, and Section 4.8. |
| |
| |
| 4.8.2. Applicable Laws |
| |
| Claims arising under this Agreement shall be governed by the |
| laws of Delaware, excluding its principles of conflict of laws |
| and the United Nations Convention on Contracts for the Sale of |
| Goods. The state and/or federal courts residing in Santa Clara |
| County, California shall have exclusive jurisdiction over any |
| dispute or claim arising out of this Agreement. You may not |
| export the Software in violation of applicable export laws and |
| regulations. |
| |
| |
| 4.8.3. Amendment |
| |
| The Agreement shall not be modified except by a written |
| agreement that names this Agreement and any provision to be |
| modified, is dated subsequent to the Effective Date, and is |
| signed by duly authorized representatives of both parties. |
| |
| |
| 4.8.4. No Waiver |
| |
| No failure or delay on the part of either party in the |
| exercise of any right, power or remedy under this Agreement or |
| under law, or to insist upon or enforce performance by the |
| other party of any of the provisions of this Agreement or |
| under law, shall operate as a waiver thereof, nor shall any |
| single or partial exercise of any right, power or remedy |
| preclude other or further exercise thereof, or the exercise of |
| any other right, power or remedy; rather the provision, right, |
| or remedy shall be and remain in full force and effect. |
| |
| |
| 4.8.5. No Assignment |
| |
| This Agreement and Licensee's rights and obligations herein, |
| may not be assigned, subcontracted, delegated, or otherwise |
| transferred by Licensee without NVIDIA's prior written |
| consent, and any attempted assignment, subcontract, |
| delegation, or transfer in violation of the foregoing will be |
| null and void. The terms of this Agreement shall be binding |
| upon Licensee's assignees. |
| |
| |
| 4.8.6. Government Restricted Rights |
| |
| The parties acknowledge that the Software is subject to U.S. |
| export control laws and regulations. The parties agree to |
| comply with all applicable international and national laws |
| that apply to the Software, including the U.S. Export |
| Administration Regulations, as well as end-user, end-use and |
| destination restrictions issued by U.S. and other governments. |
| |
| The Software has been developed entirely at private expense |
| and is commercial computer software provided with RESTRICTED |
| RIGHTS. Use, duplication or disclosure of the Software by the |
| U.S. Government or a U.S. Government subcontractor is subject |
| to the restrictions set forth in the Agreement under which the |
| 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. Use of the Software |
| by the Government constitutes acknowledgment of NVIDIA's |
| proprietary rights therein. |
| |
| |
| 4.8.7. Independent Contractors |
| |
| Licensee's relationship to NVIDIA is that of an independent |
| contractor, and neither party is an agent or partner of the |
| other. Licensee will not have, and will not represent to any |
| third party that it has, any authority to act on behalf of |
| NVIDIA. |
| |
| |
| 4.8.8. Severability |
| |
| If for any reason a court of competent jurisdiction finds any |
| provision of this Agreement, or portion thereof, to be |
| unenforceable, that provision of the Agreement will be |
| enforced to the maximum extent permissible so as to affect the |
| intent of the parties, and the remainder of this Agreement |
| will continue in full force and effect. This Agreement has |
| been negotiated by the parties and their respective counsel |
| and will be interpreted fairly in accordance with its terms |
| and without any strict construction in favor of or against |
| either party. |
| |
| |
| 4.8.9. Entire Agreement |
| |
| This Agreement and NDA constitute the entire agreement between |
| the parties with respect to the subject matter contemplated |
| herein, and merges all prior and contemporaneous |
| communications. |
| |
| MICROSOFT SOFTWARE LICENSE TERMS |
| MICROSOFT DIRECTX END USER RUNTIME |
| |
| These license terms are an agreement between Microsoft Corporation (or based on |
| where you live, one of its affiliates) and you. Please read them. They apply |
| to the software named above, which includes the media on which you received it, |
| if any. The terms also apply to any Microsoft |
| |
| * updates, |
| * supplements, |
| * Internet-based services, and |
| * support services |
| |
| for this software, unless other terms accompany those items. If so, those |
| terms apply. |
| |
| BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO |
| NOT USE THE SOFTWARE. |
| |
| If you comply with these license terms, you have the rights below. |
| |
| 1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies |
| of the software on your devices. |
| |
| 2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only |
| gives you some rights to use the software. Microsoft reserves all other |
| rights. Unless applicable law gives you more rights despite this limitation, |
| you may use the software only as expressly permitted in this agreement. In |
| doing so, you must comply with any technical limitations in the software that |
| only allow you to use it in certain ways. You may not |
| |
| * work around any technical limitations in the software; |
| * reverse engineer, decompile or disassemble the software, except and only to |
| the extent that applicable law expressly permits, despite this limitation; |
| * make more copies of the software than specified in this agreement or allowed |
| by applicable law, despite this limitation; |
| * publish the software for others to copy; |
| * rent, lease or lend the software; |
| * transfer the software or this agreement to any third party; or |
| * use the software for commercial software hosting services. |
| |
| 3. BACKUP COPY. You may make one backup copy of the software. You may use it |
| only to reinstall the software. |
| |
| 4. DOCUMENTATION. Any person that has valid access to your computer or |
| internal network may copy and use the documentation for your internal, |
| reference purposes. |
| |
| 5. EXPORT RESTRICTIONS. The software is subject to United States export laws |
| and regulations. You must comply with all domestic and international export |
| laws and regulations that apply to the software. These laws include |
| restrictions on destinations, end users and end use. For additional |
| information, see www.microsoft.com/exporting. |
| |
| 6. SUPPORT SERVICES. Because this software is "as is," we may not provide |
| support services for it. |
| |
| 7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, |
| Internet-based services and support services that you use, are the entire |
| agreement for the software and support services. |
| |
| 8. APPLICABLE LAW. |
| |
| a. United States. If you acquired the software in the United States, |
| Washington state law governs the interpretation of this agreement and applies |
| to claims for breach of it, regardless of conflict of laws principles. The |
| laws of the state where you live govern all other claims, including claims |
| under state consumer protection laws, unfair competition laws, and in tort. |
| |
| b. Outside the United States. If you acquired the software in any other |
| country, the laws of that country apply. |
| |
| 9. LEGAL EFFECT. This agreement describes certain legal rights. You may have |
| other rights under the laws of your country. You may also have rights with |
| respect to the party from whom you acquired the software. This agreement does |
| not change your rights under the laws of your country if the laws of your |
| country do not permit it to do so. |
| |
| 10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE |
| RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR |
| CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS |
| WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL |
| LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR |
| A PARTICULAR PURPOSE AND NON-INFRINGEMENT. |
| |
| 11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM |
| MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT |
| RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, |
| INDIRECT OR INCIDENTAL DAMAGES. |
| |
| This limitation applies to |
| |
| * anything related to the software, services, content (including code) on third |
| party Internet sites, or third party programs; and |
| * claims for breach of contract, breach of warranty, guarantee or condition, |
| strict liability, negligence, or other tort to the extent permitted by |
| applicable law. |
| |
| It also applies even if Microsoft knew or should have known about the |
| possibility of the damages. The above limitation or exclusion may not apply to |
| you because your country may not allow the exclusion or limitation of |
| incidental, consequential or other damages. |
| |
| The Software contains components, as listed below that are |
| licensed to Licensee pursuant to the terms and conditions of |
| their respective End User License Agreements: |
| |
| * NVIDIA CUDA Samples |
| |
| * NVIDIA CUDA Toolkit |
| |
| * NVIDIA DirectX SDK |
| |
| More information, including licensing information, about the |
| NVIDIA CUDA Toolkit and the NVIDIA CUDA Samples can be found |
| at: http://www.nvidia.com/getcuda |
| |
| More information, including licensing information, about the |
| NVIDIA DirectX SDK can be found at: |
| http://developer.nvidia.com/object/sdk_home.html |
| |
| |
| NVIDIA CUDA General Terms |
| ------------------------- |
| |
| The Software may collect non-personally identifiable |
| information for the purposes of customizing information |
| delivered to you and improving future versions of the |
| Software. Such information, including IP address and system |
| configuration, will only be collected on an anonymous basis |
| and cannot be linked to any personally identifiable |
| information. Personally identifiable information such as your |
| username or hostname is not collected. |
| |
| ------------------------------------------------------------- |