NVIDIA POWER CAPTURE ANALYSIS TOOL(PCAT) APP LICENSE This license is a legal agreement between you and NVIDIA Corporation ("NVIDIA") and governs your use of the NVIDIA Power Capture Analysis Tool (PCAT) application software and materials provided hereunder (“SOFTWARE”). This license can be accepted only by an adult of legal age of majority in the country in which the SOFTWARE is used. If you are under the legal age of majority, you must ask your parent or legal guardian to consent to this license. By taking delivery of the SOFTWARE, you affirm that you have reached the legal age of majority, you accept the terms of this license, and you take legal and financial responsibility for the actions of your permitted users. You agree to use the SOFTWARE only for purposes that are permitted by (a) this license, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. LICENSE. Subject to the terms of this license, NVIDIA grants you a personal, revocable, non-exclusive limited license to install and use the SOFTWARE. NVIDIA reserves all rights, title and interest in and to the SOFTWARE not expressly granted to you under this license. LIMITATIONS. Your license to use the SOFTWARE is restricted as follows: a. You may not reverse engineer, decompile or disassemble, or remove copyright or other proprietary notices from any portion of the SOFTWARE or copies of the SOFTWARE. b. You may not modify or create derivative works of any portion of the SOFTWARE. c. You may not sell, rent, sublicense, transfer or distribute the SOFTWARE. d. 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. PRE-RELEASE. SOFTWARE versions identified as alpha, beta, preview, early access or otherwise as pre-release may not be fully functional, may contain errors or design flaws, and may have reduced or different security, privacy, availability, and reliability standards relative to commercial versions of NVIDIA software and materials. You may use a pre-release SOFTWARE version at your own risk, understanding that these versions are not intended for use in production or business-critical systems. OWNERSHIP. The SOFTWARE and the related intellectual property rights therein are and will remain the sole and exclusive property of NVIDIA or its licensors. The SOFTWARE is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. NVIDIA may make changes to the SOFTWARE, at any time without notice, but is not obligated to support or update the SOFTWARE. FEEDBACK. You may, but don’t have to, provide to NVIDIA suggestions, feature requests or other feedback regarding the SOFTWARE, including possible enhancements or modifications to the SOFTWARE. For any feedback that you voluntarily provide, you hereby grant NVIDIA and its affiliates a perpetual, non-exclusive, worldwide, irrevocable license to use, reproduce, modify, license, sublicense (through multiple tiers of sublicensees), and distribute (through multiple tiers of distributors) it without the payment of any royalties or fees to you. NVIDIA will use feedback at its choice. 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 THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. 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. LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE OR THE USE OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY, AND EVEN IF THE PARTY HAS PREVIOUSLY BEEN ADVISED OF, OR COULD REASONABLY HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NVIDIA’S AND ITS AFFILIATES TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THIS LICENSE EXCEED US$10.00. THE NATURE OF THE LIABILITY OR THE NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR EXTEND THIS LIMIT. TERMINATION. Your rights under this license will terminate automatically without notice from NVIDIA if you fail to comply with any term of this license or if you commence or participate in any legal proceeding against NVIDIA with respect to the SOFTWARE. Upon any termination of this license, you agree to promptly discontinue use of the SOFTWARE and destroy all copies in your possession or control. All provisions of this license will survive termination, except for the license granted to you. APPLICABLE LAW; DISPUTE RESOLUTION; INJUNCTIVE RELIEF. This license gives you specific legal rights. You may also have other rights which vary from state to state, and jurisdiction to jurisdiction. Unless this license is presented to you by NVIDIA in another language, you hereby agree to all terms of this license in the English language. If you have any complaint about this license or the SOFTWARE, please give NVIDIA a chance to resolve it and contact NVIDIA by U.S. Mail at NVIDIA Corporation, ATTN: Legal, 2788 San Tomas Expressway, Santa Clara, California, 95051. If NVIDIA is unable to resolve your dispute and you wish to present it to an authority for decision, you agree to resolve it according to the laws of the State of Delaware without regard to its conflict of laws rules or principles and submit the dispute to binding arbitration before an arbitrator from Judicial Mediation and Arbitration Services (“JAMS”) located in Santa Clara County, California under the Optional Expedited Arbitration Procedures then in effect for JAMS. By entering this license, you agree to bring any claims in your individual capacity, and you waive the right to a trial by jury or to participate in a class action or other type of representative proceeding. If for any reason this license to arbitrate is found not to apply to a dispute and as a result a dispute proceeds in court rather than in arbitration, any dispute shall be resolved in the state or federal courts located in Santa Clara County, California. Nothing in this license shall prevent a party from seeking injunctive or equitable relief from the courts in any jurisdiction to protect data security, intellectual property rights, or other proprietary rights. NO ASSIGNMENT. This license and your rights and obligations thereunder may not be assigned by you by any means or operation of law without NVIDIA’s permission. Any attempted assignment not approved by NVIDIA in writing shall be void and of no effect. EXPORT. The SOFTWARE is subject to United States export laws and regulations. You agree that you 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 economic sanctions regulations administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), or any applicable export laws, restrictions or regulations. These laws include restrictions on destinations, end users and end use. By accepting this license, you confirm that you are not a resident or citizen of any country currently embargoed by the U.S. and that you are not otherwise prohibited from receiving the SOFTWARE. ENTIRE AGREEMENT. This license is the final, complete and exclusive agreement between the parties relating to the subject matter of this license and supersedes all prior or contemporaneous understandings and agreements relating to this subject matter, whether oral or written. If any court of competent jurisdiction determines that any provision of this license is illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. This license may only be modified in a writing signed by an authorized representative of each party. (v. May 28, 2020) PREVIEW SUPPLEMENT TO SOFTWARE LICENSE AGREEMENT The terms in this preview supplement govern your use of the NVIDIA software and materials available under the terms of your license agreement (“Agreement”) as modified by this supplement. This supplement is an exhibit to the Agreement and is incorporated as an integral part of the Agreement. In the event of conflict between the terms in this supplement and the terms in the Agreement, the terms in this supplement govern. 1. Scope. This supplement governs the use of pre-release versions of NVIDIA software and materials made available to you for evaluation prior to a broader release by NVIDIA. If you have access to the NVIDIA software and materials and you are being presented with this supplement, the NVIDIA software and materials are provided for your evaluation only, notwithstanding other terms in the Agreement. 2. Confidentiality. You agree that you will not use, nor authorize others to use, NVIDIA Confidential Information, except as necessary for the performance of this Agreement, and that you will not disclose NVIDIA Confidential Information to any third party, except to permitted users under the Agreement that have a need to know such Confidential Information for the performance of the Agreement, provided that each such recipient is subject to a written agreement that includes confidentiality obligations consistent with those set forth herein. You agree to use all reasonable efforts to maintain the confidentiality of NVIDIA Confidential Information in your possession or control, but in no event less than the efforts that you ordinarily use with respect to your own Confidential Information of similar nature and importance. “Confidential Information” means the NVIDIA software and materials including their existence, features, functionality, benchmark and performance data, test results and/or output. 3. End of Information Embargo. Notwithstanding the terms in section 2 above, upon NVIDIA communicating to you in writing (email being sufficient) that the NVIDIA software and materials is no longer embargoed, you may disclose to third-parties information about the NVIDIA software and materials provided that you don’t violate disclosure or distribution terms in the Agreement. 4. Term. You may use the NVIDIA software and materials that are subject to this supplement for up to 90 days starting from the date of delivery or download (“Term”), and at the end of your evaluation or the expiration of the Term you agree to delete the NVIDIA software and materials and any copies. (v. May 28, 2020)