| License For Customer Use of NVIDIA Software |
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| 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. |
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| RECITALS |
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| Use of NVIDIA's products requires three elements: the SOFTWARE, the |
| hardware on a graphics controller board, and a personal computer. The |
| SOFTWARE is protected by copyright laws and international copyright |
| treaties, as well as other intellectual property laws and treaties. |
| The SOFTWARE is not sold, and instead is only licensed for use, |
| strictly in accordance with this document. The hardware is protected |
| by various patents, and is sold, but this agreement does not cover |
| that sale, since it may not necessarily be sold as a package with |
| the SOFTWARE. This agreement sets forth the terms and conditions |
| of the SOFTWARE LICENSE only. |
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| 1. DEFINITIONS |
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| 1.1 Customer. Customer means the entity or individual that |
| downloads 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 |
| the following non-exclusive, non-transferable right to use the |
| SOFTWARE, with the following limitations: |
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| 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%). |
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| 2.1.2 Linux/FreeBSD Exception. Notwithstanding the foregoing terms |
| of Section 2.1.1, SOFTWARE designed exclusively for use on the Linux or |
| FreeBSD operating systems, or other operating systems derived from the |
| source code to these operating systems, may be copied and redistributed, |
| provided that the binary files thereof are not modified in any way |
| (except for unzipping of compressed files). |
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| 2.1.3 Limitations. |
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| No Reverse Engineering. Customer may not reverse engineer, |
| decompile, or disassemble the SOFTWARE, nor attempt in any other |
| manner to obtain the source code. |
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| 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. |
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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 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. |
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| 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. |
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| 4. COPYRIGHT |
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| 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. |
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| 5. APPLICABLE LAW |
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| This agreement shall be deemed to have been made in, and shall be |
| 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 |
| 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. |
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| 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. |
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| 7. MISCELLANEOUS |
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| 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. |
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