| License Agreement for NVIDIA Performance Primitives Library |
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| IMPORTANT NOTICE -- READ CAREFULLY: This License Agreement ("License") for |
| NVIDIA Performance Primitives Library, including computer software and |
| associated documentation (“Software”), is the LICENSE 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 LICENSE. If You |
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| RECITALS |
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| Use of NVIDIA's products requires three elements: the SOFTWARE, the NVIDIA GPU, |
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| 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. |
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| 1. DEFINITIONS |
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| 1.1 Licensee. “Licensee,” “You,” or “Your” shall mean the entity or individual |
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| 2. GRANT OF LICENSE |
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| 2.1 Rights and Limitations of Grant. NVIDIA hereby grants Licensee the |
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| 2.1.1 Usage Rights. Licensee may install and use multiple copies of the |
| SOFTWARE on a shared computer or concurrently on different computers, and make |
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| 2.1.2 Source Code Rights: Developer shall have the right to modify and create |
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| 2.1.3 Object Code: Developer agrees not to disassemble, decompile or reverse |
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| acknowledges that certain of the Software provided in Object Code version may |
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| expressly agrees not to attempt to modify or distribute such Software without |
| first receiving consent from NVIDIA. |
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| 2.1.4 Redistribution Rights. Licensee may, transfer, redistribute and |
| sublicense certain files of the SOFTWARE, as referenced in Attachment A of this |
| Agreement; provided, however Licensee shall only install such files into a |
| private (non-shared) directory location that is used only by Licensee’s |
| product. |
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| 2.1.5 Linux/FreeBSD Exception. Notwithstanding the foregoing terms of Section |
| 2.1.1, SOFTWARE designed exclusively for use on the Linux or FreeBSD operating |
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| 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. |
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| No Separation of Components. The SOFTWARE is licensed as a single product. |
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| No Rental. Licensee 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 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. |
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| 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 LICENSE |
| during the pendency of such legal proceedings. |
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| 4. COPYRIGHT |
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| 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 |
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| LICENSE and that it may make one copy of the SOFTWARE solely for backup or |
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| 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 license 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 |
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| 5. APPLICABLE LAW |
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| This LICENSE shall be deemed to have been made in, and shall be construed |
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| on Contracts for the International Sale of Goods is specifically disclaimed. |
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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 |
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| 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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| 6.3 No Support. NVIDIA has no obligation to support or to provide any updates |
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| 7. MISCELLANEOUS |
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| 7.1 Feedback. In the event Licensee contacts NVIDIA to request Feedback (as |
| defined below) on how to design, implement, or optimize Licensee’s product for |
| use with the SOFTWARE, the following terms and conditions apply the Feedback: |
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| 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 code form (“Feedback”), relating to (i) the SOFTWARE; |
| (ii) Licensee’s products; (iii) Licensee’s use of the SOFTWARE; or (iv) |
| optimization of Licensee’s product with the SOFTWARE. In the event either |
| party provides Feedback to the other party, the party receiving the Feedback |
| may use and include any Feedback that the other party voluntarily provides to |
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| technologies, respectively for the benefit of Licensee. Accordingly, if either |
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| technologies, respectively, without the payment of any royalties or fees. |
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| 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) |
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| 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 (i) Feedback provided by Licensee to |
| NVIDIA; (ii) Licensee’s products; or (c) Licensee’s confidential information |
| voluntarily provided to NVIDIA, in connection with the Feedback. 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. |
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| 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 AND FITNESS FOR A PARTICULAR PURPOSE. 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. |
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| 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. |
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| 5. 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 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. |
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| 6. 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. |
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| 7.2 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. 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. |
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| |
| ATTACHMENT A |
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| Redistributable Components |
| |
| |
| The following files may be redistributed with software applications developed |
| by Licensee. |
| |
| NPP headers npp.h, nppcore.h, |
| nppdefs.h, nppi.h, |
| nppversion.h |
| |
| Windows npp.lib, |
| npp32_32_16.dll, |
| npp64_32_16.dll, |
| |
| MacOS libnpp32.3.2.dylib, |
| libnpp64.3.2.dylib, |
| |
| Linux libnpp64.so.3.2.16, |
| libnpp32.so.3.2.16, |
| |
| The following terms and conditions apply to Licensee’s use of the components |
| listed above (“Redistributable Components”) of the SOFTWARE: |
| |
| 1. Customer may transfer, redistribute or sublicense, the license rights |
| pursuant to Section 2.1.1 of this Agreement in connection with the |
| Redistributable Components to end users of Licensee’s products. |