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authorMarius Brehler <marbre@linux.sungazer.de>2015-09-21 20:32:17 +0200
committerMarius Brehler <marbre@linux.sungazer.de>2015-09-21 20:32:17 +0200
commit5b1471d22175950842e361103c8ac6962c96394e (patch)
tree15e5ba88ed03787d0db2c19e0c4c73961afaced3 /licenses
parentsci-libs/armadillo: Version bump (diff)
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-End User License Agreement
---------------------------
-
-
-Preface
--------
-
-The following contains specific license terms and conditions
-for four separate NVIDIA products. By accepting this
-agreement, you agree to comply with all the terms and
-conditions applicable to the specific product(s) included
-herein.
-
-
-NVIDIA CUDA Toolkit
-
-
-Description
-
-The NVIDIA CUDA Toolkit provides command-line and graphical
-tools for building, debugging and optimizing the performance
-of applications accelerated by NVIDIA GPUs, runtime and math
-libraries, and documentation including programming guides,
-user manuals, and API references. The NVIDIA CUDA Toolkit
-License Agreement is available in Chapter 1.
-
-
-Default Install Location of CUDA Toolkit
-
-Windows platform:
-
-%ProgramFiles%\NVIDIA GPU Computing Toolkit\CUDA\v#.#
-
-Linux platform:
-
-/usr/local/cuda-#.#
-
-Mac platform:
-
-/Developer/NVIDIA/CUDA-#.#
-
-
-NVIDIA CUDA Samples
-
-
-Description
-
-This package includes over 100+ CUDA examples that demonstrate
-various CUDA programming principles, and efficient CUDA
-implementation of algorithms in specific application domains.
-The NVIDIA CUDA Samples License Agreement is available in
-Chapter 2.
-
-
-Default Install Location of CUDA Samples
-
-Windows platform:
-
-%ProgramData%\NVIDIA Corporation\CUDA Samples\v#.#
-
-Linux platform:
-
-/usr/local/cuda-#.#/samples
-
-and
-
-$HOME/NVIDIA_CUDA-#.#_Samples
-
-Mac platform:
-
-/Developer/NVIDIA/CUDA-#.#/samples
-
-
-NVIDIA Driver
-
-
-Description
-
-This package contains the operating system driver and
-fundamental system software components for NVIDIA GPUs. The
-NVIDIA Driver License for the Windows platform is available in
-Chapter 3, and the NVIDIA Driver License for the Linux and Mac
-OSX platforms is available in Chapter 4.
-
-
-NVIDIA Nsight Visual Studio Edition (Windows only)
-
-
-Description
-
-NVIDIA Nsight Development Platform, Visual Studio Edition is a
-development environment integrated into Microsoft Visual
-Studio that provides tools for debugging, profiling, analyzing
-and optimizing your GPU computing and graphics applications.
-The NVIDIA Nsight Visual Studio Edition License Agreement is
-available in Chapter 5.
-
-
-Default Install Location of Nsight Visual Studio Edition
-
-Windows platform:
-
-%ProgramFiles(x86)%\NVIDIA Corporation\Nsight Visual Studio Edition #.#
-
-
-NVIDIA CUDA General Terms
-
-
-Description
-
-General terms that apply to all of the software components are
-available in Chapter 6.
-
-
-1. NVIDIA CUDA Toolkit License Agreement
-----------------------------------------
-
-
-Important Notice
-----------------
-
-READ CAREFULLY: This Software License Agreement ("Agreement")
-for NVIDIA CUDA Toolkit, including computer software and
-associated documentation ("Software"), is the Agreement 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
-Agreement. If You do not agree to the terms of this Agreement,
-do not download the SOFTWARE.
-
-
-Recitals
---------
-
-Use of NVIDIA's SOFTWARE requires three elements: the
-SOFTWARE, an NVIDIA GPU or application processor ("NVIDIA
-Hardware"), and a computer system. 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 Your
-use, strictly in accordance with this Agreement. The NVIDIA
-Hardware is protected by various patents, and is sold, but
-this Agreement does not cover the sale or use of such
-hardware, since it may not necessarily be sold as a package
-with the SOFTWARE. This Agreement sets forth the terms and
-conditions of the SOFTWARE only.
-
-
-1.1. Definitions
-
-
-1.1.1. Licensee
-
-"You", or "Your" shall mean the entity or individual that
-downloads and uses the SOFTWARE.
-
-
-1.1.2. Redistributable Software
-
-"Redistributable Software" shall mean the redistributable
-libraries referenced in Attachment A of this Agreement.
-
-
-1.1.3. Software
-
-"SOFTWARE" shall mean the deliverables provided pursuant to
-this Agreement. SOFTWARE may be provided in either source or
-binary form, at NVIDIA's discretion.
-
-
-1.2. Grant of License
-
-
-1.2.1. Rights and Limitations of Grant
-
-Provided that Licensee complies with the terms of this
-Agreement, NVIDIA hereby grants Licensee the following
-limited, non-exclusive, non-transferable, non-sublicensable
-(except as expressly permitted otherwise for Redistributable
-Software in Section 1.2.1.1 and Section 1.2.1.3 of this
-Agreement) right to use the SOFTWARE -- and, if the SOFTWARE
-is provided in source form, to compile the SOFTWARE -- with
-the following limitations:
-
-
-1.2.1.1. Redistribution Rights
-
-Licensee may transfer, redistribute, and sublicense certain
-files of the Redistributable SOFTWARE, as defined in
-Attachment A of this Agreement, provided, however, that (a)
-the Redistributable SOFTWARE shall be distributed solely in
-binary form to Licensee's licensees ("Customers") only as a
-component of Licensee's own software products (each, a
-"Licensee Application"); (b) Licensee shall design the
-Licensee Application such that the Redistributable SOFTWARE
-files are installed only in a private (non-shared) directory
-location that is used only by the Licensee Application; (c)
-Licensee shall obtain each Customer's written or clickwrap
-agreement to the license terms under a written, legally
-enforceable agreement that has the effect of protecting the
-SOFTWARE and the rights of NVIDIA under terms no less
-restrictive than this Agreement.
-
-
-1.2.1.2. Usage Rights
-
-Licensee 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
-Licensee's use within Licensee's Enterprise. "Enterprise"
-shall mean individual use by Licensee or any legal entity
-(such as a corporation or university) and the subsidiaries it
-owns by more than 50 percent.
-
-
-1.2.1.3. Further Redistribution Rights
-
-Subject to the terms and conditions of the Agreement, Licensee
-may authorize Customers to further redistribute the
-Redistributable SOFTWARE that such Customers receive as part
-of the Licensee Application, solely in binary form, provided,
-however, that Licensee shall require in their standard
-software license agreements with Customers that all such
-redistributions must be made pursuant to a license agreement
-that has the effect of protecting the SOFTWARE and the rights
-of NVIDIA whose terms and conditions are at least as
-restrictive as those in the applicable Licensee software
-license agreement covering the Licensee Application. For
-avoidance of doubt, termination of this Agreement shall not
-affect rights previously granted by Licensee to its Customers
-under this Agreement to the extent validly granted to
-Customers under Section 1.2.1.1.
-
-
-1.2.1.4. Linux/FreeBSD Exception
-
-Notwithstanding the foregoing terms of Section 1.2.1.2,
-Section 1.2.1.1 and Section 1.2.1.3, 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).
-
-
-1.2.1.5. Additional Licensing Obligations
-
-Licensee acknowledges and agrees that its use of certain third
-party components included with the SOFTWARE may be subject to
-additional licensing terms and conditions as set forth or
-referenced in Attachment B of this Agreement.
-
-
-1.2.1.6. Limitations
-
-No Reverse Engineering
-
-If the SOFTWARE is provided in binary form, Licensee 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. Except as
-authorized in this Agreement, Software component parts of the
-Software may not be separated for use on more than one
-computer, nor otherwise used separately from the other parts.
-
-No Rental
-
-Licensee may not rent or lease the SOFTWARE to someone else.
-
-No Modifications
-
-If the SOFTWARE is provided in source form, Licensee may not
-modify or create derivative works of the SOFTWARE.
-
-
-1.3. Term and Termination
-
-This Agreement will continue in effect for two (2) years
-("Initial Term") after Your initial download and use of the
-SOFTWARE, subject to the exclusive right of NVIDIA to
-terminate as provided herein. The term of this Agreement will
-automatically renew for successive one (1) year renewal terms
-after the Initial Term, unless either party provides to the
-other party at least three (3) months prior written notice of
-termination before the end of the applicable renewal term.
-
-This Agreement 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.
-
-
-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 Agreement during the pendency of such
-legal proceedings.
-
-
-1.4. Copyright
-
-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
-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, Licensee is required to treat the SOFTWARE like
-any other copyrighted material, except as otherwise allowed
-pursuant to this Agreement and that it may make one copy of
-the SOFTWARE solely for backup or archive purposes.
-
-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
-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.
-
-
-1.5. Applicable Law
-
-This Agreement shall be deemed to have been made in, and shall
-be construed pursuant to, the laws of the State of Delaware.
-The United Nations Convention on Contracts for the
-International Sale of Goods is specifically disclaimed. The
-courts of Santa Clara County, California shall have exclusive
-jurisdiction and venue over any dispute arising out of or
-relating to this Agreement.
-
-
-1.6. Disclaimer of Warranties and Limitations on Liability
-
-
-1.6.1. 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,
-FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
-
-
-1.6.2. 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.
-
-
-1.6.3. No Support
-
-NVIDIA has no obligation to support or to provide any updates
-of the Software.
-
-
-1.7. Miscellaneous
-
-
-1.7.1. Feedback
-
-Notwithstanding any Non-Disclosure Agreement executed by and
-between the parties, the parties agree that in the event
-Licensee or NVIDIA provides Feedback (as defined below) to the
-other party on how to design, implement, or improve the
-SOFTWARE or Licensee's product(s) for use with the SOFTWARE,
-the following terms and conditions apply the Feedback:
-
-
-1.7.1.1. 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 written or source code form,
-relating to (i) the SOFTWARE; (ii) Licensee's products; (iii)
-Licensee's use of the SOFTWARE; or (iv)
-optimization/interoperability of Licensee's product with the
-SOFTWARE (collectively defined as "Feedback"). In the event
-either party provides Feedback to the other party, the party
-receiving the Feedback may use any Feedback that the other
-party voluntarily provides to improve the (i) SOFTWARE or
-other related NVIDIA technologies, respectively for the
-benefit of NVIDIA; or (ii) Licensee's product or other related
-Licensee technologies, respectively for the benefit of
-Licensee. Accordingly, if either party provides Feedback to
-the other party, both parties agree that the other party and
-its respective licensees may freely use, reproduce, license,
-distribute, and otherwise commercialize the Feedback in the
-(i) SOFTWARE or other related technologies; or (ii) Licensee's
-products or other related technologies, respectively, without
-the payment of any royalties or fees.
-
-
-1.7.1.2. 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) Feedback provided by Licensee to NVIDIA;
-(ii) Licensee's products shared or disclosed to NVIDIA in
-connection with the Feedback; or (c) Licensee's 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
-Residuals. 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.
-
-
-1.7.1.3. 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, FITNESS FOR A
-PARTICULAR PURPOSE, OR NONINFRINGEMENT. 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.
-
-
-1.7.1.4. 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.
-
-
-1.7.2. 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 1.7.1.2 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.
-
-
-1.7.3. 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.
-
-
-1.7.4.
-
-If any provision of this Agreement 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. This Agreement 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.
-
-
-1.7.5.
-
-The parties agree that the following sections of the Agreement
-will survive the termination of the License: Section 1.2.1.4,
-Section 1.4, Section 1.5, Section 1.6, and Section 1.7.
-
-
-1.8. Attachment A
-
-
-Redistributable Software
-
-In connection with Section 1.2.1.1 of this Agreement, the
-following files may be redistributed with software
-applications developed by Licensee, including certain
-variations of these files that have version number or
-architecture specific information embedded in the file name -
-as an example only, for release version 6.0 of the 64-bit
-Windows software, the file cudart64_60.dll is redistributable.
-
-Component : CUDA Runtime
- Windows : cudart.dll, cudart_static.lib, cudadevrt.lib
- Mac OSX : libcudart.dylib, libcudart_static.a, libcudadevrt.a
- Linux : libcudart.so, libcudart_static.a, libcudadevrt.a
- Android : libcudart.so, libcudart_static.a, libcudadevrt.a
-
-Component : CUDA FFT Library
- Windows : cufft.dll, cufftw.dll
- Mac OSX : libcufft.dylib, libcufft_static.a, libcufftw.dylib, libcufftw_static.a
- Linux : libcufft.so, libcufft_static.a, libcufftw.so, libcufftw_static.a
- Android : libcufft.so, libcufft_static.a, libcufftw.so, libcufftw_static.a
-
-Component : CUDA BLAS Library
- Windows : cublas.dll, cublas_device.lib
- Mac OSX : libcublas.dylib, libcublas_static.a, libcublas_device.a
- Linux : libcublas.so, libcublas_static.a, libcublas_device.a
- Android : libcublas.so, libcublas_static.a, libcublas_device.a
-
-Component : NVIDIA "Drop-in" BLAS Library
- Windows : nvblas.dll
- Mac OSX : libnvblas.dylib
- Linux : libnvblas.so
-
-Component : CUDA Sparse Matrix Library
- Windows : cusparse.dll
- Mac OSX : libcusparse.dylib, libcusparse_static.a
- Linux : libcusparse.so, libcusparse_static.a
- Android : libcusparse.so, libcusparse_static.a
-
-Component : CUDA Linear Solver Library
- Windows : cusolver.dll
- Mac OSX : libcusolver.dylib, libcusolver_static.a
- Linux : libcusolver.so, libcusolver_static.a
- Android : libcusolver.so, libcusolver_static.a
-
-Component : CUDA Random Number Generation Library
- Windows : curand.dll
- Mac OSX : libcurand.dylib, libcurand_static.a
- Linux : libcurand.so, libcurand_static.a
- Android : libcurand.so, libcurand_static.a
-
-Component : NVIDIA Performance Primitives Library
- Windows : nppc.dll, nppi.dll, npps.dll
- Mac OSX : libnppc.dylib, libnppi.dylib, libnpps.dylib, libnppc_static.a, libnpps_static.a, libnppi_static.a
- Linux : libnppc.so, libnppi.so, libnpps.so, libnppc_static.a, libnpps_static.a, libnppi_static.a
- Android : libnppc.so, libnppi.so, libnpps.so, libnppc_static.a, libnpps_static.a, libnppi_static.a
-
-Component : Internal common library required for statically linking to cuBLAS, cuSPARSE, cuFFT, cuRAND and NPP
- Mac OSX : libculibos.a
- Linux : libculibos.a
-
-Component : NVIDIA Runtime Compilation Library
- Windows : nvrtc.dll, nvrtc-builtins.dll
- Mac OSX : libnvrtc.dylib, libnvrtc-builtins.dylib
- Linux : libnvrtc.so, libnvrtc-builtins.so
-
-Component : NVIDIA Optimizing Compiler Library
- Windows : nvvm.dll
- Mac OSX : libnvvm.dylib
- Linux : libnvvm.so
-
-Component : NVIDIA Common Device Math Functions Library
- Windows : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc
- Mac OSX : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc
- Linux : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc
-
-Component : CUDA Occupancy Calculation Header Library
- All : cuda_occupancy.h
-
-Component : Profiling Tools Interface Library
- Windows : cupti.dll
- Mac OSX : libcupti.dylib
- Linux : libcupti.so
-
-
-
-1.9. Attachment B
-
-
-Additional Licensing Obligations
-
-The following third party components included in the SOFTWARE
-are licensed to Licensee pursuant to the following terms and
-conditions:
-
- 1. Licensee's use of the GDB third party component is
- subject to the terms and conditions of GNU GPL v3:
-
- This product includes copyrighted third-party software licensed
- under the terms of the GNU General Public License v3 ("GPL v3").
- All third-party software packages are copyright by their respective
- authors. GPL v3 terms and conditions are hereby incorporated into
- the Agreement by this reference: http://www.gnu.org/licenses/gpl.txt
-
- Consistent with these licensing requirements, the software
- listed below is provided under the terms of the specified
- open source software licenses. To obtain source code for
- software provided under licenses that require
- redistribution of source code, including the GNU General
- Public License (GPL) and GNU Lesser General Public License
- (LGPL), contact oss-requests@nvidia.com. This offer is
- valid for a period of three (3) years from the date of the
- distribution of this product by NVIDIA CORPORATION.
-
- Component License
- CUDA-GDB GPL v3
-
- 2. Licensee represents and warrants that any and all third
- party licensing and/or royalty payment obligations in
- connection with Licensee's use of the H.264 video codecs
- are solely the responsibility of Licensee.
-
- 3. Licensee's use of the Thrust library is subject to the
- terms and conditions of the Apache License Version 2.0.
- All third-party software packages are copyright by their
- respective authors. Apache License Version 2.0 terms and
- conditions are hereby incorporated into the Agreement by
- this reference.
- http://www.apache.org/licenses/LICENSE-2.0.html
-
- In addition, Licensee acknowledges the following notice:
- Thrust includes source code from the Boost Iterator,
- Tuple, System, and Random Number libraries.
-
- Boost Software License - Version 1.0 - August 17th, 2003
- . . . .
-
- Permission is hereby granted, free of charge, to any person or
- organization obtaining a copy of the software and accompanying
- documentation covered by this license (the "Software") to use,
- reproduce, display, distribute, execute, and transmit the Software,
- and to prepare derivative works of the Software, and to permit
- third-parties to whom the Software is furnished to do so, all
- subject to the following:
-
- The copyright notices in the Software and this entire statement,
- including the above license grant, this restriction and the following
- disclaimer, must be included in all copies of the Software, in whole
- or in part, and all derivative works of the Software, unless such
- copies or derivative works are solely in the form of machine-executable
- object code generated by a source language processor.
-
- THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
- EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
- MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
- NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR
- ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR
- OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING
- FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
- OTHER DEALINGS IN THE SOFTWARE.
-
- 4. Licensee's use of the LLVM third party component is
- subject to the following terms and conditions:
-
- ======================================================
- LLVM Release License
- ======================================================
- University of Illinois/NCSA
- Open Source License
-
- Copyright (c) 2003-2010 University of Illinois at Urbana-Champaign.
- All rights reserved.
-
- Developed by:
-
- LLVM Team
-
- University of Illinois at Urbana-Champaign
-
- http://llvm.org
-
- Permission is hereby granted, free of charge, to any person obtaining a copy
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- furnished to do so, subject to the following conditions:
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- this list of conditions and the following disclaimers.
-
- * Redistributions in binary form must reproduce the above copyright
- notice, this list of conditions and the following disclaimers in the
- documentation and/or other materials provided with the distribution.
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- * Neither the names of the LLVM Team, University of Illinois at Urbana-
- Champaign, nor the names of its contributors may be used to endorse or
- promote products derived from this Software without specific prior
- written permission.
-
- THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
- IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
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- THE CONTRIBUTORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR
- OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,
- ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
- DEALINGS WITH THE SOFTWARE.
-
- 5. Licensee's use of the PCRE third party component is
- subject to the following terms and conditions:
-
- ------------
- PCRE LICENCE
- ------------
- PCRE is a library of functions to support regular expressions whose syntax
- and semantics are as close as possible to those of the Perl 5 language.
- Release 8 of PCRE is distributed under the terms of the "BSD" licence, as
- specified below. The documentation for PCRE, supplied in the "doc"
- directory, is distributed under the same terms as the software itself. The
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- in-time compiler that can be used to optimize pattern matching. These are
- both optional features that can be omitted when the library is built.
-
- THE BASIC LIBRARY FUNCTIONS
- ---------------------------
- Written by: Philip Hazel
- Email local part: ph10
- Email domain: cam.ac.uk
- University of Cambridge Computing Service,
- Cambridge, England.
- Copyright (c) 1997-2012 University of Cambridge
- All rights reserved.
-
- PCRE JUST-IN-TIME COMPILATION SUPPORT
- -------------------------------------
- Written by: Zoltan Herczeg
- Email local part: hzmester
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- STACK-LESS JUST-IN-TIME COMPILER
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- Copyright(c) 2009-2012 Zoltan Herczeg
- All rights reserved.
-
- THE C++ WRAPPER FUNCTIONS
- -------------------------
- Contributed by: Google Inc.
- Copyright (c) 2007-2012, Google Inc.
- All rights reserved.
-
- THE "BSD" LICENCE
- -----------------
- Redistribution and use in source and binary forms, with or without
- modification, are permitted provided that the following conditions are met:
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- * Redistributions of source code must retain the above copyright notice,
- this list of conditions and the following disclaimer.
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- * Neither the name of the University of Cambridge nor the name of Google
- Inc. nor the names of their contributors may be used to endorse or
- promote products derived from this software without specific prior
- written permission.
-
- THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
- AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
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- ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
- POSSIBILITY OF SUCH DAMAGE.
-
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- derived from code written by Vasily Volkov and are subject
- to the Modified Berkeley Software Distribution License as
- follows:
-
- Copyright (c) 2007-2009, Regents of the University of California
-
- All rights reserved.
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- Redistribution and use in source and binary forms, with or without
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- met:
- * Redistributions of source code must retain the above copyright
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- * Redistributions in binary form must reproduce the above
- copyright notice, this list of conditions and the following
- disclaimer in the documentation and/or other materials provided
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- * Neither the name of the University of California, Berkeley nor
- the names of its contributors may be used to endorse or promote
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- HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
- STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
- IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
- POSSIBILITY OF SUCH DAMAGE.
-
- 7. Some of the cuBLAS library routines were written by or
- derived from code written by Davide Barbieri and are
- subject to the Modified Berkeley Software Distribution
- License as follows:
-
- Copyright (c) 2008-2009 Davide Barbieri @ University of Rome Tor Vergata.
-
- All rights reserved.
-
- Redistribution and use in source and binary forms, with or without
- modification, are permitted provided that the following conditions are
- met:
- * Redistributions of source code must retain the above copyright
- notice, this list of conditions and the following disclaimer.
- * Redistributions in binary form must reproduce the above
- copyright notice, this list of conditions and the following
- disclaimer in the documentation and/or other materials provided
- with the distribution.
- * The name of the author may not be used to endorse or promote
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- written permission.
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- HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
- STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
- IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
- POSSIBILITY OF SUCH DAMAGE.
-
- 8. Some of the cuBLAS library routines were derived from
- code developed by the University of Tennessee and are
- subject to the Modified Berkeley Software Distribution
- License as follows:
-
- Copyright (c) 2010 The University of Tennessee.
-
- All rights reserved.
-
- Redistribution and use in source and binary forms, with or without
- modification, are permitted provided that the following conditions are
- met:
- * Redistributions of source code must retain the above copyright
- notice, this list of conditions and the following disclaimer.
- * Redistributions in binary form must reproduce the above
- copyright notice, this list of conditions and the following
- disclaimer listed in this license in the documentation and/or
- other materials provided with the distribution.
- * Neither the name of the copyright holders nor the names of its
- contributors may be used to endorse or promote products derived
- from this software without specific prior written permission.
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- THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
- "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
- LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
- A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
- OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
- SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
- LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
- DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
- THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
- (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
- OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
-
- 9. Some of the cuBLAS library routines were written by or
- derived from code written by Jonathan Hogg and are subject
- to the Modified Berkeley Software Distribution License as
- follows:
-
- Copyright (c) 2012, The Science and Technology Facilities Council (STFC).
-
- All rights reserved.
-
- Redistribution and use in source and binary forms, with or without
- modification, are permitted provided that the following conditions are
- met:
- * Redistributions of source code must retain the above copyright
- notice, this list of conditions and the following disclaimer.
- * Redistributions in binary form must reproduce the above
- copyright notice, this list of conditions and the following
- disclaimer in the documentation and/or other materials provided
- with the distribution.
- * Neither the name of the STFC nor the names of its contributors
- may be used to endorse or promote products derived from this
- software without specific prior written permission.
-
- THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
- "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
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- A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE STFC BE
- LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
- CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
- SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
- BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
- WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
- OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN
- IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
-
- 10. Some of the cuBLAS library routines were written by or
- derived from code written by Ahmad M. Abdelfattah, David
- Keyes, and Hatem Ltaief, and are subject to the Apache
- License, Version 2.0, as follows:
-
- -- (C) Copyright 2013 King Abdullah University of Science and Technology
- Authors:
- Ahmad Abdelfattah (ahmad.ahmad@kaust.edu.sa)
- David Keyes (david.keyes@kaust.edu.sa)
- Hatem Ltaief (hatem.ltaief@kaust.edu.sa)
-
- Redistribution and use in source and binary forms, with or without
- modification, are permitted provided that the following conditions
- are met:
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- * Redistributions of source code must retain the above copyright
- notice, this list of conditions and the following disclaimer.
- * Redistributions in binary form must reproduce the above copyright
- notice, this list of conditions and the following disclaimer in the
- documentation and/or other materials provided with the distribution.
- * Neither the name of the King Abdullah University of Science and
- Technology nor the names of its contributors may be used to endorse
- or promote products derived from this software without specific prior
- written permission.
-
- THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
- ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
- LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
- A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
- HOLDERS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
- SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
- LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
- DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
- THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
- (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
- OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE
-
- 11. Some of the cuSPARSE library routines were written by or
- derived from code written by Li-Wen Chang and are subject
- to the NCSA Open Source License as follows:
-
- Copyright (c) 2012, University of Illinois.
-
- All rights reserved.
-
- Developed by: IMPACT Group, University of Illinois, http://impact.crhc.illinois.edu
-
- Permission is hereby granted, free of charge, to any person obtaining
- a copy of this software and associated documentation files (the
- "Software"), to deal with the Software without restriction, including
- without limitation the rights to use, copy, modify, merge, publish,
- distribute, sublicense, and/or sell copies of the Software, and to
- permit persons to whom the Software is furnished to do so, subject to
- the following conditions:
- * Redistributions of source code must retain the above copyright
- notice, this list of conditions and the following disclaimer.
- * Redistributions in binary form must reproduce the above
- copyright notice, this list of conditions and the following
- disclaimers in the documentation and/or other materials provided
- with the distribution.
- * Neither the names of IMPACT Group, University of Illinois, nor
- the names of its contributors may be used to endorse or promote
- products derived from this Software without specific prior
- written permission.
-
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- EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
- MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
- NONINFRINGEMENT. IN NO EVENT SHALL THE CONTRIBUTORS OR COPYRIGHT
- HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER
- IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR
- IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS WITH THE
- SOFTWARE.
-
- 12. Some of the cuRAND library routines were written by or
- derived from code written by Mutsuo Saito and Makoto
- Matsumoto and are subject to the following license:
-
- Copyright (c) 2009, 2010 Mutsuo Saito, Makoto Matsumoto and Hiroshima
- University. All rights reserved.
-
- Copyright (c) 2011 Mutsuo Saito, Makoto Matsumoto, Hiroshima
- University and University of Tokyo. All rights reserved.
-
- Redistribution and use in source and binary forms, with or without
- modification, are permitted provided that the following conditions are
- met:
- * Redistributions of source code must retain the above copyright
- notice, this list of conditions and the following disclaimer.
- * Redistributions in binary form must reproduce the above
- copyright notice, this list of conditions and the following
- disclaimer in the documentation and/or other materials provided
- with the distribution.
- * Neither the name of the Hiroshima University nor the names of
- its contributors may be used to endorse or promote products
- derived from this software without specific prior written
- permission.
-
- THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
- "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
- LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
- A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
- OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
- SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
- LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
- DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
- THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
- (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
- OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
-
- 13. Some of the cuRAND library routines were derived from
- code developed by D. E. Shaw Research and are subject to
- the following license:
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- Copyright 2010-2011, D. E. Shaw Research.
-
- All rights reserved.
-
- Redistribution and use in source and binary forms, with or without
- modification, are permitted provided that the following conditions are
- met:
- * Redistributions of source code must retain the above copyright
- notice, this list of conditions, and the following disclaimer.
- * Redistributions in binary form must reproduce the above
- copyright notice, this list of conditions, and the following
- disclaimer in the documentation and/or other materials provided
- with the distribution.
- * Neither the name of D. E. Shaw Research nor the names of its
- contributors may be used to endorse or promote products derived
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- DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
- THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
- (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
- OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
-
- 14. Licensee's use of the lz4 third party component is
- subject to the following terms and conditions:
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- Copyright (C) 2011-2013, Yann Collet.
- BSD 2-Clause License (http://www.opensource.org/licenses/bsd-license.php)
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- Redistribution and use in source and binary forms, with or without
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- 15. The NPP library uses code from the Boost Math Toolkit,
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- Boost Software License - Version 1.0 - August 17th, 2003
- . . . .
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- Permission is hereby granted, free of charge, to any person or
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-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) Feedback provided by Licensee to NVIDIA;
-(ii) Licensee's products shared or disclosed to NVIDIA in
-connection with the Feedback; or (c) Licensee's 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
-Residuals. 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.
-
-
-2.8.3. 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, FITNESS FOR A
-PARTICULAR PURPOSE, OR NONINFRINGEMENT. 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.
-
-
-2.8.4. 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.
-
-
-2.9. Freedom of Action
-
-Developer 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 Developer's confidential
-information (as provided in subsection 2 above), which may be
-provided to NVIDIA in connection with Feedback by Developer.
-Accordingly, Developer 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
-Developer's products or confidential information.
-
-
-2.10. Restricted Rights Notice
-
-Materials have 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
-Materials 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.
-
-
-2.11. Miscellaneous
-
-If any provision of this Agreement 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. This Agreement may only be modified in writing signed
-by an authorized officer of NVIDIA. Developer agrees that it
-will not ship, transfer or export the Materials into any
-country, or use the Materials in any manner, prohibited by the
-United States Bureau of Industry and Security or any export
-laws, restrictions or regulations.
-
-
-2.12. Attachment C
-
-
-Additional Licensing Obligations
-
-Licensee's use of the "libfreeimage" third party component is
-subject to the following terms and conditions:
-
-The contents of this file are subject to the FreeImage Public
-License Version 1.0 (the "License"); you may not use this file
-except in compliance with the License. You may obtain a copy
-of the License at
-http://freeimage.sourceforge.net/freeimage-license.txt.
-
-Software distributed under the License is distributed on an
-"AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or
-implied. See the License for the specific language governing
-rights and limitations under the License.
-
-
-3. NVIDIA Driver License for Customer Use of NVIDIA Software
-on Windows
-------------------------------------------------------------
-
-
-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 GeForce Experience, computer software
-(including drivers downloaded in connection with GeForce
-Experience) 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 (collectively, such hardware and personal
-computer is defined herein as "CUSTOMER SYSTEM"). 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 LICENSE does not cover that sale, since 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.
-
-
-3.1. Definitions
-
-
-3.1.1. Customer
-
-Customer means the entity or individual that downloads and/or
-installs the SOFTWARE.
-
-
-3.2. Grant of License
-
-
-3.2.1. Rights and Limitations of Grant
-
-Provided Customer complies with the terms in this LICENSE,
-NVIDIA hereby grants Customer the following non-exclusive,
-non-transferable right to use the SOFTWARE in the manner and
-for the purposes described in the associated printed
-materials, with the following limitations:
-
-
-3.2.1.1. 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%).
-
-
-3.2.1.2. 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. You may not remove any copyright notices from the
-SOFTWARE. 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.
-
-
-3.2.2. Additional Information
-
-7-Zip. The SOFTWARE includes the 7-Zip software program
-("7-Zip"). Use of the source code for 7-Zip is subject to the
-terms and conditions at www.7-zip.org.
-
-
-3.3. Consent to Collection and Use of Information
-
-Customer hereby acknowledges that the SOFTWARE accesses and
-collects non-personally identifiable information about
-Customer and CUSTOMER SYSTEM as well as configures CUSTOMER
-SYSTEM in order to (a) properly optimize such system for use
-with the SOFTWARE, (b) deliver content through the SOFTWARE,
-and (c) improve NVIDIA products and services. Information
-collected by the SOFTWARE includes, but is not limited to,
-CUSTOMER SYSTEM'S (a) hardware configuration and ID, (b)
-operating system and driver configuration, (c) installed games
-and applications, (d) games and applications settings,
-performance, and usage data, and (e) usage metrics of the
-SOFTWARE. To the extent that Customer uses the SOFTWARE,
-Customer hereby consents to all of the foregoing, and
-represents and warrants that Customer has the right to grant
-such consent. In addition, Customer agrees that Customer is
-solely responsible for maintaining appropriate data backups
-and system restore points for CUSTOMER SYSTEM, and that NVIDIA
-will have no responsibility for any damage or loss to CUSTOMER
-SYSTEM (including loss of data or access) arising from or
-relating to (a) any changes to the configuration, application
-settings, environment variables, registry, drivers, BIOS, or
-other attributes of CUSTOMER SYSTEM (or any part of CUSTOMER
-SYSTEM) initiated through the SOFTWARE; or (b) installation of
-any SOFTWARE or third party software patches initiated through
-the SOFTWARE. The SOFTWARE may contain links to websites and
-services. We encourage you to review the privacy statements on
-those sites and services that you choose to visit so that you
-can understand how they may collect, use and share your
-personal information. NVIDIA is not responsible for the
-privacy statements or practices of sites and services
-controlled by other companies or organizations.
-
-Customer and CUSTOMER SYSTEM information collection rules can
-be configured on the "Preferences" tab of GeForce Experience.
-For more information on NVIDIA's collection and use of
-information policies for this SOFTWARE, visit
-http://www.geforce.com/drivers/geforce-experience/faq.
-
-Customer represents and warrants that the non-personally
-identifiable information that Customer has furnished in
-connection with its registration for the SOFTWARE is complete
-and accurate. Customer also acknowledges that from time to
-time, NVIDIA may collect, use, and disclose such information
-about Customer and/or Customer's system in connection with the
-SOFTWARE in accordance with NVIDIA's privacy policy, available
-at URL http://www.nvidia.com/object/privacy_policy.html.
-
-
-3.4. 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.
-
-
-3.5. 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 licensors
-or 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. The algorithms, structure,
-organization and source code of the Software are the valuable
-trade secrets and confidential information of NVIDIA. Except
-as otherwise expressly provided herein, neither this LICENSE
-nor NVIDIA grants Customer any express or implied right under
-any NVIDIA patents, copyrights, trademarks, or other
-intellectual property rights in the SOFTWARE, and all rights,
-title and interest in and to the SOFTWARE not expressly
-granted are reserved by NVIDIA or its licensors or suppliers.
-
-
-3.6. Applicable Law
-
-This LICENSE shall be deemed to have been made in, and shall
-be construed pursuant to, the laws of the State of Delaware.
-The United Nations Convention on Contracts for the
-International Sale of Goods is specifically disclaimed. The
-state and/or federal courts residing in Santa Clara County,
-California shall have exclusive jurisdiction over any dispute
-or claim arising out of this Agreement. Customer may not
-export the SOFTWARE in violation of applicable export laws and
-regulations.
-
-
-3.7. Disclaimer of Warranties and Limitations on Liability
-
-
-3.7.1. No Warranties
-
-THE SOFTWARE IS PROVIDED "AS IS" AND TO THE MAXIMUM EXTENT
-PERMITTED BY APPLICABLE LAW, NVIDIA AND ITS SUPPLIERS DISCLAIM
-ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
-LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
-NONINFRINGEMENT, TITLE AND FITNESS FOR A PARTICULAR PURPOSE.
-Without limiting the foregoing, you are solely responsible for
-determining and verifying that the SOFTWARE that you obtain
-and install is the appropriate version for your model of
-graphics controller board, operating system, and computer
-hardware.
-
-
-3.7.2. 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 DIRECT,
-SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
-WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
-BUSINESS PROFITS, LOSS OF DATA, 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. SOME
-JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY
-FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
-SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO
-HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO
-JURISDICTION. NOTWITHSTANDING THE FOREGOING, NVIDIA'S
-AGGREGATE LIABILITY ARISING OUT OF THIS LICENSE AGREEMENT
-SHALL NOT EXCEED ONE THOUSAND UNITED STATES DOLLARS
-(USD$1000).
-
-
-3.8. Miscellaneous
-
-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. 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 Industry and Security or any export
-laws, restrictions or regulations.
-
-
-4. NVIDIA Driver License for Customer Use of NVIDIA Software
-on Linux and Mac OSX
-------------------------------------------------------------
-
-
-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.
-
-
-4.1. DEFINITIONS
-
-
-4.1.1. Customer
-
-Customer means the entity or individual that downloads the
-SOFTWARE.
-
-
-4.2. GRANT OF LICENSE
-
-
-4.2.1. Rights and Limitations of Grant
-
-NVIDIA hereby grants Customer the following non-exclusive,
-non-transferable right to use the SOFTWARE, with the following
-limitations:
-
-
-4.2.1.1. 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%).
-
-
-4.2.1.2. Linux/FreeBSD Exception
-
-Notwithstanding the foregoing terms of Section 4.2.1.1,
-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).
-
-
-4.2.1.3. 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.
-
-
-4.3. 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.
-
-
-4.4. 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.
-
-
-4.5. 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.
-
-
-4.6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
-
-
-4.6.1. 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.
-
-
-4.6.2. 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.
-
-
-4.7. 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.
-
-
-5. NVIDIA Nsight Development Platform, Visual Studio Edition
-Software License Agreement (Windows only)
-------------------------------------------------------------
-
-
-IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING
-----------------------------------------------------
-
-Do not use or load this software and any associated materials
-provided by NVIDIA on its extranet (collectively the
-"Software") until You have carefully read the following terms
-and conditions. By loading or using the Software, You agree to
-fully comply with the terms and conditions of this Software
-License Agreement ("Agreement") by and between NVIDIA
-Corporation, a Delaware corporation with its principal place
-of business at 2701 San Tomas Expressway, Santa Clara,
-California 95050 U.S.A. ("NVIDIA"), and You. If You do not
-wish to so agree, do not install or use the Software.
-
-For the purposes of this Agreement:
-
-"Licensee," "You" and/or "Your" shall mean, collectively and
-individually, Original Equipment Manufacturers, Independent
-Hardware Vendors, Independent Software Vendors, and End-Users
-of the Software pursuant to the terms and conditions of this
-Agreement.
-
-"Intellectual Property Rights" shall mean all proprietary
-rights, including all patents, trademarks, copyrights,
-know-how, trade secrets, mask works, including all
-applications and registrations thereto, and any other similar
-protected rights in any country.
-
-
-5.1. Grant of License
-
-NVIDIA agrees to provide the Software and any associated
-materials pursuant to this Agreement. Subject to the terms of
-this Agreement, NVIDIA grants to You a nonexclusive,
-transferable, worldwide, revocable, limited, royalty-free,
-fully paid-up license under NVIDIA's copyrights to install,
-deploy, use, have used execute, reproduce, display, perform,
-run, the object code of the Software, to create Your products
-to interoperate with NVIDIA hardware and software.
-
-Unless otherwise authorized in the Agreement, You shall not
-otherwise assign, sublicense, lease, or in any other way
-transfer or disclose Software to any third party. Unless
-otherwise authorized in the Agreement, You shall not reverse-
-compile, disassemble, reverse-engineer, or in any manner
-attempt to derive the source code of the Software from the
-object code portions of the Software.
-
-Except as expressly stated in this Agreement, no license or
-right is granted to You directly or by implication,
-inducement, estoppels or otherwise. NVIDIA shall have the
-right to inspect or have an independent auditor inspect Your
-relevant records to verify Your compliance with the terms and
-conditions of this Agreement.
-
-
-5.2. Confidentiality
-
-If applicable, any exchange of Confidential Information (as
-defined in the NDA) shall be made pursuant to the terms and
-conditions of a separately signed Non-Disclosure Agreement
-("NDA") by and between NVIDIA and You. For the sake of
-clarity, You agree that (a) the Software; and (b) Your use of
-the Software/participation in the Software's pre-production
-release is considered Confidential Information of NVIDIA.
-
-If You wish to have a third party consultant or subcontractor
-("Contractor") perform work on Your behalf which involves
-access to or use of Software, You shall obtain a written
-confidentiality agreement from the Contractor which contains
-terms and obligations with respect to access to or use of
-Software no less restrictive than those set forth in this
-Agreement and excluding any distribution or sublicense rights,
-and use for any other purpose than permitted in this
-Agreement. Otherwise, You shall not disclose the terms or
-existence of this Agreement or use NVIDIA's name in any
-publications, advertisements, or other announcements without
-NVIDIA's prior written consent. Unless otherwise provided in
-this Agreement, You do not have any rights to use any NVIDIA
-trademarks or logos.
-
-
-5.3. Ownership of Software and Intellectual Property Rights
-
-All rights, title and interest to all copies of the Software
-remain with NVIDIA, subsidiaries, licensors, or its suppliers.
-The Software is copyrighted and protected by the laws of the
-United States and other countries, and international treaty
-provisions. You may not remove any copyright notices from the
-Software. NVIDIA may make changes to the Software, or to items
-referenced therein, at any time and without notice, but is not
-obligated to support or update the Software. Except as
-otherwise expressly provided, NVIDIA grants no express or
-implied right under any NVIDIA patents, copyrights,
-trademarks, or other intellectual property rights.
-
-You have no obligation to give NVIDIA any suggestions,
-comments or other feedback ("Feedback") relating to the
-Software. However, NVIDIA may use and include any Feedback
-that You voluntarily provide to improve the Software or other
-related NVIDIA technologies. Accordingly, if You provide
-Feedback, You agree NVIDIA and its licensees may freely use,
-reproduce, license, distribute, and otherwise commercialize
-the Feedback in the Software or other related technologies
-without the payment of any royalties or fees. You also agree
-that the Software may collect application specific session
-data and target device information that shall be sent to
-NVIDIA, solely for use by NVIDIA in improving the Software.
-
-
-5.4. No Warranties
-
-THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR
-IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF
-MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR
-PURPOSE. NVIDIA does not warrant or assume responsibility for
-the accuracy or completeness of any information, text,
-graphics, links or other items contained within the Software.
-NVIDIA does not represent that errors or other defects will be
-identified or corrected.
-
-
-5.5. Limitation of Liability
-
-EXCEPT WITH RESPECT TO THE MISUSE OF THE OTHER PARTY'S
-INTELLECTUAL PROPERTY OR DISCLOSURE OF THE OTHER PARTY'S
-CONFIDENTIAL INFORMATION IN BREACH OF THIS AGREEMENT, IN NO
-EVENT SHALL NVIDIA, SUBSIDIARIES, LICENSORS, OR ITS SUPPLIERS
-BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
-LIMITATION, INDIRECT, LOST PROFITS, CONSEQUENTIAL, BUSINESS
-INTERRUPTION OR LOST INFORMATION) ARISING OUT OF THE USE OF OR
-INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED
-OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
-PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED
-WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE
-ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER
-LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
-NOTWITHSTANDING THE FOREGOING, NVIDIA'S AGGREGATE LIABILITY
-ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED
-UNITED STATES DOLLARS (USD$100).
-
-
-5.6. Term
-
-This Agreement and the licenses granted hereunder shall be
-effective as of the date You install/download the Software
-("Effective Date") and continue perpetually, unless terminated
-earlier in accordance with the "Termination" provision of this
-Agreement.
-
-
-5.7. Termination
-
-NVIDIA may terminate this Agreement at any time if You violate
-its terms. Upon termination, You will immediately destroy the
-Software or return all copies of the Software to NVIDIA, and
-certify to NVIDIA in writing that such actions have been
-completed.
-
-
-5.8. Miscellaneous
-
-
-5.8.1. Survival
-
-Those provisions in this Agreement, which by their nature need
-to survive the termination or expiration of this Agreement,
-shall survive termination or expiration of the Agreement,
-including but not limited to Section 5.2, Section 5.3,
-Section 5.4, Section 5.5, Section 5.7, and Section 5.8.
-
-
-5.8.2. Applicable Laws
-
-Claims arising under this Agreement shall be governed by the
-laws of Delaware, excluding its principles of conflict of laws
-and the United Nations Convention on Contracts for the Sale of
-Goods. The state and/or federal courts residing in Santa Clara
-County, California shall have exclusive jurisdiction over any
-dispute or claim arising out of this Agreement. You may not
-export the Software in violation of applicable export laws and
-regulations.
-
-
-5.8.3. Amendment
-
-The Agreement shall not be modified except by a written
-agreement that names this Agreement and any provision to be
-modified, is dated subsequent to the Effective Date, and is
-signed by duly authorized representatives of both parties.
-
-
-5.8.4. No Waiver
-
-No failure or delay on the part of either party in the
-exercise of any right, power or remedy under this Agreement or
-under law, or to insist upon or enforce performance by the
-other party of any of the provisions of this Agreement or
-under law, shall operate as a waiver thereof, nor shall any
-single or partial exercise of any right, power or remedy
-preclude other or further exercise thereof, or the exercise of
-any other right, power or remedy; rather the provision, right,
-or remedy shall be and remain in full force and effect.
-
-
-5.8.5. No Assignment
-
-This Agreement and Licensee's rights and obligations herein,
-may not be assigned, subcontracted, delegated, or otherwise
-transferred by Licensee without NVIDIA's prior written
-consent, and any attempted assignment, subcontract,
-delegation, or transfer in violation of the foregoing will be
-null and void. The terms of this Agreement shall be binding
-upon Licensee's assignees.
-
-
-5.8.6. Government Restricted Rights
-
-The parties acknowledge that the Software is subject to U.S.
-export control laws and regulations. The parties agree to
-comply with all applicable international and national laws
-that apply to the Software, including the U.S. Export
-Administration Regulations, as well as end-user, end-use and
-destination restrictions issued by U.S. and other governments.
-
-The Software has been developed entirely at private expense
-and is commercial computer software provided with RESTRICTED
-RIGHTS. Use, duplication or disclosure of the Software by the
-U.S. Government or a U.S. Government subcontractor is subject
-to the restrictions set forth in the Agreement under which the
-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. Use of the Software
-by the Government constitutes acknowledgment of NVIDIA's
-proprietary rights therein.
-
-
-5.8.7. Independent Contractors
-
-Licensee's relationship to NVIDIA is that of an independent
-contractor, and neither party is an agent or partner of the
-other. Licensee will not have, and will not represent to any
-third party that it has, any authority to act on behalf of
-NVIDIA.
-
-
-5.8.8. Severability
-
-If for any reason a court of competent jurisdiction finds any
-provision of this Agreement, or portion thereof, to be
-unenforceable, that provision of the Agreement will be
-enforced to the maximum extent permissible so as to affect the
-intent of the parties, and the remainder of this Agreement
-will continue in full force and effect. This Agreement has
-been negotiated by the parties and their respective counsel
-and will be interpreted fairly in accordance with its terms
-and without any strict construction in favor of or against
-either party.
-
-
-5.8.9. Entire Agreement
-
-This Agreement and NDA constitute the entire agreement between
-the parties with respect to the subject matter contemplated
-herein, and merges all prior and contemporaneous
-communications.
-
-MICROSOFT SOFTWARE LICENSE TERMS
-MICROSOFT DIRECTX END USER RUNTIME
-
-These license terms are an agreement between Microsoft Corporation (or based on
-where you live, one of its affiliates) and you. Please read them. They apply
-to the software named above, which includes the media on which you received it,
-if any. The terms also apply to any Microsoft
-
-* updates,
-* supplements,
-* Internet-based services, and
-* support services
-
-for this software, unless other terms accompany those items. If so, those
-terms apply.
-
-BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO
-NOT USE THE SOFTWARE.
-
-If you comply with these license terms, you have the rights below.
-
-1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies
-of the software on your devices.
-
-2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only
-gives you some rights to use the software. Microsoft reserves all other
-rights. Unless applicable law gives you more rights despite this limitation,
-you may use the software only as expressly permitted in this agreement. In
-doing so, you must comply with any technical limitations in the software that
-only allow you to use it in certain ways. You may not
-
-* work around any technical limitations in the software;
-* reverse engineer, decompile or disassemble the software, except and only to
- the extent that applicable law expressly permits, despite this limitation;
-* make more copies of the software than specified in this agreement or allowed
- by applicable law, despite this limitation;
-* publish the software for others to copy;
-* rent, lease or lend the software;
-* transfer the software or this agreement to any third party; or
-* use the software for commercial software hosting services.
-
-3. BACKUP COPY. You may make one backup copy of the software. You may use it
-only to reinstall the software.
-
-4. DOCUMENTATION. Any person that has valid access to your computer or
-internal network may copy and use the documentation for your internal,
-reference purposes.
-
-5. EXPORT RESTRICTIONS. The software is subject to United States export laws
-and regulations. You must comply with all domestic and international export
-laws and regulations that apply to the software. These laws include
-restrictions on destinations, end users and end use. For additional
-information, see www.microsoft.com/exporting.
-
-6. SUPPORT SERVICES. Because this software is "as is," we may not provide
-support services for it.
-
-7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates,
-Internet-based services and support services that you use, are the entire
-agreement for the software and support services.
-
-8. APPLICABLE LAW.
-
-a. United States. If you acquired the software in the United States,
-Washington state law governs the interpretation of this agreement and applies
-to claims for breach of it, regardless of conflict of laws principles. The
-laws of the state where you live govern all other claims, including claims
-under state consumer protection laws, unfair competition laws, and in tort.
-
-b. Outside the United States. If you acquired the software in any other
-country, the laws of that country apply.
-
-9. LEGAL EFFECT. This agreement describes certain legal rights. You may have
-other rights under the laws of your country. You may also have rights with
-respect to the party from whom you acquired the software. This agreement does
-not change your rights under the laws of your country if the laws of your
-country do not permit it to do so.
-
-10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE
-RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR
-CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS
-WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL
-LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
-A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
-
-11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM
-MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT
-RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL,
-INDIRECT OR INCIDENTAL DAMAGES.
-
-This limitation applies to
-
-* anything related to the software, services, content (including code) on third
- party Internet sites, or third party programs; and
-* claims for breach of contract, breach of warranty, guarantee or condition,
- strict liability, negligence, or other tort to the extent permitted by
- applicable law.
-
-It also applies even if Microsoft knew or should have known about the
-possibility of the damages. The above limitation or exclusion may not apply to
-you because your country may not allow the exclusion or limitation of
-incidental, consequential or other damages.
-
-The Software contains components, as listed below that are
-licensed to Licensee pursuant to the terms and conditions of
-their respective End User License Agreements:
-
- * NVIDIA CUDA Samples
-
- * NVIDIA CUDA Toolkit
-
- * NVIDIA DirectX SDK
-
-More information, including licensing information, about the
-NVIDIA CUDA Toolkit and the NVIDIA CUDA Samples can be found
-at: http://www.nvidia.com/getcuda
-
-More information, including licensing information, about the
-NVIDIA DirectX SDK can be found at:
-http://developer.nvidia.com/object/sdk_home.html
-
-
-6. NVIDIA CUDA General Terms
-----------------------------
-
-The Software, on the Windows platform, may collect
-non-personally identifiable information for the purposes of
-customizing information delivered to you and improving future
-versions of the Software. Such information, including IP
-address and system configuration, will only be collected on an
-anonymous basis and cannot be linked to any personally
-identifiable information. Personally identifiable information
-such as your username or hostname is not collected.
-
--------------------------------------------------------------