| 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. |
| |
| RECITALS |
| |
| 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. |
| |
| 1. DEFINITIONS |
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| 1.1 Customer. Customer means the entity or individual that downloads the |
| SOFTWARE. |
| |
| 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: |
| |
| 2.1.1 Rights. Customer may install and use one copy of the SOFTWARE on a |
| single computer, and except for making one back-up copy of the |
| Software, may not otherwise copy the SOFTWARE. This LICENSE of |
| SOFTWARE may not be shared or used concurrently on different |
| computers. |
| |
| 2.1.2 Academic Exception. Notwithstanding the foregoing terms of Section |
| 2.1.1, academic departments at colleges and universities may share |
| or distribute the SOFTWARE among multiple computers within a |
| department. |
| |
| 2.1.3 Linux Exception. Notwithstanding the foregoing terms of Section |
| 2.1.1, SOFTWARE designed exclusively for use on the Linux operating |
| system 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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| 2.1.4 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. |
| |
| 2.1.5 Redistribution |
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| Notwithstanding any other provision to the contrary, Customer may redistribute |
| the Software executable and libraries only so long as such redistribution |
| accompanies your commercial or non-commercial application. Customer may not |
| install or place any redistribution files in the system path. Customer may not, |
| when redistributing the Software, modify any environmental variables created |
| by this installer.Any such redistribution shall be subject to the terms and |
| conditions of this License. |
| |
| 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. |
| |
| 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. |
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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. |
| |
| 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. |
| |
| 7. MISCELLANEOUS |
| |
| 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. |