128 lines
5.6 KiB
Plaintext
128 lines
5.6 KiB
Plaintext
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
|
|
|
|
1.1 Customer. Customer means the entity or individual that
|
|
downloads the SOFTWARE.
|
|
|
|
2. GRANT OF LICENSE
|
|
|
|
2.1 Rights and Limitations of Grant. NVIDIA hereby grants Customer
|
|
the following non-exclusive, non-transferable right to use the
|
|
SOFTWARE, with the following limitations:
|
|
|
|
2.1.1 Rights. Customer may install and use 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 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).
|
|
|
|
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. 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.
|
|
|
|
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.
|
|
|
|
5. APPLICABLE LAW
|
|
|
|
This agreement shall be deemed to have been made in, and shall be
|
|
construed pursuant to, the laws of the State of California.
|
|
|
|
6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
|
|
|
|
6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
|
|
LAW, THE SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS
|
|
DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
|
|
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
|
|
FOR A PARTICULAR PURPOSE.
|
|
|
|
6.2 No Liability for Consequential Damages. TO THE MAXIMUM
|
|
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NVIDIA OR
|
|
ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
|
|
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
|
|
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
|
|
OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT
|
|
OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS
|
|
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
|
|
|
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.
|
|
|