1 License For Customer Use of NVIDIA Software
2
3
4 IMPORTANT NOTICE -- READ CAREFULLY: This License For Customer Use of
5 NVIDIA Software ("LICENSE") is the agreement which governs use of
6 the software of NVIDIA Corporation and its subsidiaries ("NVIDIA")
7 downloadable herefrom, including computer software and associated
8 printed materials ("SOFTWARE"). By downloading, installing, copying,
9 or otherwise using the SOFTWARE, you agree to be bound by the terms
10 of this LICENSE. If you do not agree to the terms of this LICENSE,
11 do not download the SOFTWARE.
12
13 RECITALS
14
15 Use of NVIDIA's products requires three elements: the SOFTWARE, the
16 hardware, and a personal computer. The SOFTWARE is protected by copyright
17 laws and international copyright treaties, as well as other intellectual
18 property laws and treaties. The SOFTWARE may be protected by various
19 patents, and is not sold, and instead is only licensed for use, strictly
20 in accordance with this document. The hardware is protected by various
21 patents, and is sold, but this agreement does not cover that sale, since
22 it may not necessarily be sold as a package with the SOFTWARE. This
23 agreement sets forth the terms and conditions of the SOFTWARE LICENSE only.
24
25 1. DEFINITIONS
26
27 1.1 Customer. Customer means the entity or individual that
28 downloads or otherwise obtains the SOFTWARE.
29
30 2. GRANT OF LICENSE
31
32 2.1 Rights and Limitations of Grant. NVIDIA hereby grants Customer
33 the following non-exclusive, non-transferable right to use the
34 SOFTWARE, with the following limitations:
35
36 2.1.1 Rights. Customer may install and use multiple copies of the
37 SOFTWARE on a shared computer or concurrently on different computers,
38 and make multiple back-up copies of the SOFTWARE, solely for Customer's
39 use within Customer's Enterprise. "Enterprise" shall mean individual use
40 by Customer or any legal entity (such as a corporation or university)
41 and the subsidiaries it owns by more than fifty percent (50%).
42
43 2.1.2 Open Source Exception. Notwithstanding the foregoing terms
44 of Section 2.1.1, SOFTWARE may be copied and redistributed solely for
45 use on operating systems distributed under the terms of an OSI-approved
46 open source license as listed by the Open Source Initiative at
47 http://opensource.org, provided that the binary files thereof are not
48 modified, and Customer provides a copy of this license with the SOFTWARE.
49
50 2.1.3 Limitations.
51
52 No Reverse Engineering. Customer may not reverse engineer,
53 decompile, or disassemble the SOFTWARE, nor attempt in any other
54 manner to obtain the source code.
55
56 Usage. SOFTWARE is licensed only for use with microprocessor(s) which have
57 been (i) designed by NVIDIA and (ii) either (a) sold by or (b) licensed by
58 NVIDIA. Customer shall not use SOFTWARE in conjunction with, nor cause
59 SOFTWARE to be executed by, any other microprocessor.
60
61 No Translation. Customer shall not translate SOFTWARE, nor cause or permit
62 SOFTWARE to be translated, from the architecture or language in which it is
63 originally provided by NVIDIA, into any other architecture or language.
64
65 No Rental. Customer may not rent or lease the SOFTWARE to someone
66 else.
67
68 3. TERMINATION
69
70 This LICENSE will automatically terminate if Customer fails to
71 comply with any of the terms and conditions hereof. In such event,
72 Customer must destroy all copies of the SOFTWARE and all of its
73 component parts.
74
75 Defensive Suspension. If Customer commences or participates in any legal
76 proceeding against NVIDIA, then NVIDIA may, in its sole discretion,
77 suspend or terminate all license grants and any other rights provided
78 under this LICENSE during the pendency of such legal proceedings.
79
80 4. COPYRIGHT
81
82 All title and copyrights in and to the SOFTWARE (including but
83 not limited to all images, photographs, animations, video, audio,
84 music, text, and other information incorporated into the SOFTWARE),
85 the accompanying printed materials, and any copies of the SOFTWARE,
86 are owned by NVIDIA, or its suppliers. The SOFTWARE is protected
87 by copyright laws and international treaty provisions. Accordingly,
88 Customer is required to treat the SOFTWARE like any other copyrighted
89 material, except as otherwise allowed pursuant to this LICENSE
90 and that it may make one copy of the SOFTWARE solely for backup or
91 archive purposes.
92
93 5. APPLICABLE LAW
94
95 This agreement shall be deemed to have been made in, and shall be
96 construed pursuant to, the laws of the State of California.
97
98 6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
99
100 6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
101 LAW, THE SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS
102 DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
103 NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
104 FOR A PARTICULAR PURPOSE.
105
106 6.2 No Liability for Consequential Damages. TO THE MAXIMUM
107 EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NVIDIA OR
108 ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
109 CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
110 DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
111 OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT
112 OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS
113 BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
114
115 7. MISCELLANEOUS
116
117 The United Nations Convention on Contracts for the International
118 Sale of Goods is specifically disclaimed. If any provision of this
119 LICENSE is inconsistent with, or cannot be fully enforced under,
120 the law, such provision will be construed as limited to the extent
121 necessary to be consistent with and fully enforceable under the law.
122 This agreement is the final, complete and exclusive agreement between
123 the parties relating to the subject matter hereof, and supersedes
124 all prior or contemporaneous understandings and agreements relating
125 to such subject matter, whether oral or written. Customer agrees
126 that it will not ship, transfer or export the SOFTWARE into any
127 country, or use the SOFTWARE in any manner, prohibited by the
128 United States Bureau of Export Administration or any export laws,
129 restrictions or regulations. This LICENSE may only be modified in
130 writing signed by an authorized officer of NVIDIA.
|
