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3 @page nvidia_legal NVIDIA Legal Information
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50 © 2014-2015 by NVIDIA Corporation. All rights reserved
54 ### NVIDIA - End User License Agreement
56 **IMPORTANT NOTICE - PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING
57 THE SOFTWARE. USE OF THIS SOFTWARE IS SUBJECT TO THIS AGREEMENT. YOU
58 WILL BE ASKED TO REVIEW AND EITHER ACCEPT OR NOT ACCEPT THE TERMS OF
61 This NVIDIA - End User License Agreement (
"Agreement") is a legal
62 agreement between you ("Licensee" or "You") and NVIDIA Corporation
63 ("NVIDIA") which governs the use of the referenced NVIDIA software and
64 any related documentation provided or otherwise made available to you
65 hereunder ("Software"). By downloading, installing, or otherwise using
66 the Software, you agree to be bound by the terms of this Agreement. If You
67 do not agree to the terms of this Agreement, do not download, install or
68 otherwise use the Software. If You are entering into this Agreement on
69 behalf of a company or other legal entity, You represent that You have
70 the legal authority to bind the entity to this Agreement, in which case
71 "You" will mean the entity You represent.
73 The Software is protected by copyright laws and international copyright
74 treaties, as well as other intellectual property laws and treaties. The
75 Software is not sold, and instead is only licensed for use, strictly in
76 accordance with this document. This Agreement sets forth the terms and
77 conditions of the Software only.
79 #### SECTION 1 - LICENSE
81 1.1 License Grant. Provided that Licensee is in compliance with the
82 terms and conditions of
this Agreement, NVIDIA grants to Licensee
83 a nonexclusive, non-transferable, worldwide, revocable, limited,
84 royalty-free, fully paid-up license to the Software, in source code and/or
85 object code form, to: (i) install, use, modify and reproduce the Software,
86 in accordance with the associated documentation, solely within Licensee
's
87 Enterprise for Licensee's own
internal use.
"Enterprise" shall mean
88 individual use by Licensee or any legal entity (such as a corporation
89 or university) and the subsidiaries it owns by more than 50 percent.
90 For the avoidance of doubt, any work performed or produced as a result
91 of use of the Software cannot be performed or produced
for the benefit
92 of other parties
for a fee, compensation or any other reimbursement
95 1.2 Limitations. Unless otherwise authorized in the Agreement, Licensee
96 shall not otherwise (a) assign, sublicense, lease, or in any other way
97 transfer or disclose Software to any third party; (b) reverse-compile,
98 disassemble, reverse-engineer, or in any manner attempt to derive the
99 source code of the Software from the
object code portions of the Software;
100 (c) remove, alter, cover or obscure any proprietary notice that appears
101 on or with the Software or any copies thereof; (d) use the Software or
102 allow its use, transfer, transmission or export in violation of any export
103 control laws or regulations administered by the United States government;
104 (e) distribute or transfer the Software to third parties in any manner;
105 or (f) use the Software in any manner that would cause the Software
106 to become subject to an Open Source License. "Open Source License"
107 includes, without limitation, a software license that requires as a
108 condition of use, modification, and/or distribution of such software
109 that the Software be (i) disclosed or distributed in source code form;
110 (ii) be licensed for the purpose of making derivative works; or (iii)
111 be redistributable at no charge.
113 1.3 No Other License. Except as expressly stated in this Agreement,
114 no license or right is granted to Licensee directly or by implication,
115 inducement, estoppel or otherwise. NVIDIA shall have the right to
116 inspect or have an independent auditor inspect Licensee's relevant
117 records to verify Licensee's compliance with the terms and conditions
120 1.4 \_Third Party Technology\_. Licensee acknowledges and agrees that the
121 Software may include or incorporate third party technology (collectively,
122 "Third Party Components"). If the Software includes or incorporates Third
123 Party Components, then the third-party pass-through terms and conditions
124 ("Third Party Terms") for the particular Third Party Component contained
125 in or included with the Software shall be incorporated by reference
126 into this Agreement. In the event of any conflict between the terms in
127 this Agreement and the Third Party Terms, the Third Party Terms shall
128 govern. Copyright to Third Party Components are held by the copyright
129 holders indicated in the copyright notices indicated in the corresponding
130 Software documentation.
132 #### SECTION 2 - CONFIDENTIALITY
134 2.1 Confidential Information. Licensee acknowledges and agrees that the
135 Software, documentation and other information (
if such other information
136 is identified as confidential or should be reasonably recognized as
137 confidential under the circumstances) provided to Licensee by NVIDIA
138 hereunder (collectively,
"Confidential Information") constitute the
139 confidential and proprietary information of NVIDIA and that Licensee's
140 protection thereof is an essential condition to Licensee's use and
141 possession of the Software. Licensee shall retain
all Confidential
142 Information in strict confidence and not disclose it to any third party
143 or use it in any way except as permitted by this Agreement. Licensee
144 shall exercise at least the same amount of diligence in preserving the
145 secrecy of the Confidential Information as it uses in preserving the
146 secrecy of its own most valuable confidential information, but in no
147 event less than reasonable diligence. Notwithstanding the foregoing,
148 all documents and other tangible objects containing or representing
149 NVIDIA Confidential Information and
all copies thereof which are in the
150 possession of Licensee shall be and remain the property of NVIDIA and
151 shall be promptly returned to NVIDIA upon termination of this Agreement.
153 2.2 Contractor. If Licensee wishes to have a third party consultant or
154 subcontractor ("Contractor") perform work on Licensee's behalf which
155 involves access to or use of Software, Licensee shall obtain a written
156 confidentiality agreement from the Contractor which contains terms
157 and obligations with respect to access to or use of Software no less
158 restrictive than those set forth in this Agreement and excluding any
159 distribution or sublicense rights, and use for any other purpose than
160 permitted in this Agreement. Otherwise, Licensee shall not disclose
161 the terms or existence of this Agreement or use NVIDIA's name in any
162 publications, advertisements, or other announcements without NVIDIA's
163 prior written consent. Unless otherwise provided in this Agreement,
164 Licensee does not have any rights to use any NVIDIA trademarks or logos.
166 #### SECTION 3 - OWNERSHIP OF SOFTWARE AND INTELLECTUAL PROPERTY RIGHTS
168 3.1 Ownership. All rights, title and interest to
all copies of
169 the Software remain with NVIDIA, subsidiaries, licensors, or its
170 suppliers. The Software is copyrighted and
protected by the laws of the
171 United States and other countries, and international treaty provisions.
172 Licensee may not
remove any copyright notices from the Software. NVIDIA
173 may make changes to the Software, or to items referenced therein, at
174 any time and without notice, but is not obligated to support or update
175 the Software. Except as otherwise expressly provided, NVIDIA grants no
176 express or implied right under any NVIDIA patents, copyrights, trademarks,
177 or other intellectual
property rights.
179 RESTRICTED RIGHTS NOTICE. Software has been developed entirely at
180 private expense and is commercial computer software provided with
181 RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government
182 or a U.S. Government subcontractor is subject to the restrictions set
183 forth in the Agreement under which Software was obtained pursuant to
184 DFARS 227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2)
185 of the Commercial Computer Software - Restricted Rights clause at FAR
186 52.227-19, as applicable. Contractor/manufacturer is NVIDIA, 2701 San
187 Tomas Expressway, Santa Clara, CA 95050.
189 3.2 Feedback. Licensee has no obligation to give NVIDIA any suggestions,
190 comments or other feedback (
"Feedback") relating to the Software. However,
191 NVIDIA may use and include any Feedback that Licensee voluntarily provides
192 to improve the Software or other related NVIDIA technologies. Accordingly,
193 if Licensee provides Feedback, Licensee agrees NVIDIA and its
194 licensees may freely use, reproduce, license, distribute, and otherwise
195 commercialize the Feedback in the Software or other related technologies
196 without the payment of any royalties or fees. Further, NVIDIA is entitled
197 to use any information provided by Customer in connection with Feedback
198 for any purpose, including in any NVIDIA products. All Feedback becomes
199 the sole property of NVIDIA and may be used in any manner NVIDIA sees fit,
200 and Customer hereby assigns to NVIDIA
all of its right, title and interest
201 in any Feedback. NVIDIA has no obligation to respond to Feedback or to
202 incorporate Feedback into the Software or Documentation.
204 #### SECTION 4 - NO WARRANTIES
206 THE SOFTWARE IS PROVIDED
"AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY
207 OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT,
208 OR FITNESS FOR A PARTICULAR PURPOSE. NVIDIA DOES NOT REPRESENT OR WARRANT
209 THAT THE SOFTWARE WILL MEET LICENSEE
'S REQUIREMENT OR THAT THE OPERATION
210 OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
212 #### SECTION 5 - LIMITATION OF LIABILITY
214 IN NO EVENT SHALL NVIDIA, ITS SUBSIDIARIES, LICENSORS, OR SUPPLIERS BE
215 LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
216 DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS
217 OF DATA, BUSINESS INTERUPTION OR LOST PROFITS) IN CONNECTION WITH THIS
218 AGREEMENT OR ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE,
219 EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
220 JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED
221 WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION
222 MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM
223 JURISDICTION TO JURISDICTION. IN NO EVENT SHALL WILL NVIDIA'S AGGREGATE
224 LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED ONE HUNDRED UNITED STATES
225 DOLLARS (USD$100). THE LICENSEE IS SOLELY RESPONSIBLE FOR THE PROTECTION
226 AND BACK-UP OF ALL DATA AND SOFTWARE.
228 #### SECTION 6 - TERM AND TERMINATION
230 6.1 Term. This Agreement is effective from the date you click
"Accept"
231 and shall
continue in effect until terminated by NVIDIA in accordance
232 with Section 6.2 (Termination).
234 6.2 Termination. In the event of actual or threatened breach of
this
235 Agreement by Licensee, NVIDIA may terminate
this Agreement and the
236 licenses granted hereunder, in addition to any other remedies it may
237 have. If Licensee commences or participates in any legal proceeding
238 against NVIDIA, then NVIDIA may, in its sole discretion, suspend or
239 terminate
all license grants and any other rights provided under
this
240 Agreement. Upon termination, Licensee shall immediately cease
using and
241 immediately
return all copies of the Software to NVIDIA, or destroy
242 the Software and certify to NVIDIA in writing that such actions have
245 6.3 Survival. Those provisions in
this Agreement, which by their nature
246 need to survive the termination or expiration of
this Agreement, shall
247 survive termination or expiration of the Agreement, including but not
248 limited to Sections 2, 3, 4, 5, 6.2, 6.3, and 7.
250 #### SECTION 7 - MISCELLANEOUS
252 This Agreement shall be deemed to have been made in, and shall be
253 construed pursuant to, the laws of the State of Delaware. The state
254 and/or federal courts residing in Santa Clara County, California shall
255 have exclusive jurisdiction over any dispute or claim arising out of
this
256 Agreement. This Agreement is the
final, complete and exclusive agreement
257 between the parties relating to the subject matter hereof, and supersedes
258 all prior or contemporaneous understandings and agreements relating to
259 such subject matter, whether oral or written. If any provision of
this
260 Agreement is inconsistent with, or cannot be fully enforced under,
261 the law, such provision will be construed as limited to the extent
262 necessary to be consistent with and fully enforceable under the law.
263 This Agreement, and Licensee
's rights and obligations herein, may not be
264 assigned, subcontracted, delegated, or otherwise transferred by Licensee
265 without NVIDIA's prior written consent, and any attempted assignment,
266 subcontract, delegation, or transfer in violation of the foregoing will
267 be null and
void. The terms of
this Agreement shall be binding upon
268 permitted assignees. The Parties acknowledge that they are independent
269 contractors and no other relationship, including partnership, joint
270 venture, employment, franchise, master/servant or principal/agent, is
271 intended by
this Agreement. Neither Party shall have the right to bind or
272 obligate the other. Failure by either Party to enforce any provision of
273 this Agreement will not be deemed a waiver of future enforcement of that
274 or any other provision. Licensee shall not ship, transfer or export the
275 Software into any country, or use the Software in any manner, prohibited
276 by the United States Bureau of Industry and Security or any export laws,
277 restrictions or regulations.
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