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<!-- --></a><h2 class="title topictitle1"><a href="#abstract" name="abstract" shape="rect">Copyright and Licenses</a></h2>
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third party software and tools used by Nsight Perf SDK.
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<p class="p">NVIDIA CORPORATION</p>
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<p class="p">NVIDIA SOFTWARE LICENSE AGREEMENT</p>
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<p class="p">IMPORTANT — READ BEFORE DOWNLOADING, INSTALLING, COPYING OR USING THE LICENSED
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SOFTWARE
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</p>
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<p class="p">This Software License Agreement ("SLA"), made and entered into as of the time and date of
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click through action ("Effective Date"), is a legal agreement between you and NVIDIA
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Corporation ("NVIDIA") and governs the use of the NVIDIA computer software and the
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documentation made available for use with such NVIDIA software. By downloading,
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installing, copying, or otherwise using the NVIDIA software and/or documentation, you
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agree to be bound by the terms of this SLA. If you do not agree to the terms of this
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SLA, do not download, install, copy or use the NVIDIA software or documentation. IF YOU
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ARE ENTERING INTO THIS SLA ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT
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THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE ENTITY TO THIS SLA, IN WHICH CASE "YOU"
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WILL MEAN THE ENTITY YOU REPRESENT. IF YOU DON’T HAVE SUCH AUTHORITY, OR IF YOU DON’T
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ACCEPT ALL THE TERMS AND CONDITIONS OF THIS SLA, THEN NVIDIA DOES NOT AGREE TO LICENSE
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THE LICENSED SOFTWARE TO YOU, AND YOU MAY NOT DOWNLOAD, INSTALL, COPY OR USE IT.
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</p>
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<p class="p">1. LICENSE.</p>
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<p class="p">1.1 <u class="ph u">License Grant.</u> Subject to the terms of the AGREEMENT, NVIDIA hereby grants you
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a non-exclusive, non-transferable license, without the right to sublicense (except as
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expressly set forth in a Supplement), during the applicable license term unless earlier
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terminated as provided below, to have Authorized Users install and use the Software,
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including modifications (if expressly permitted in a Supplement), in accordance with the
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Documentation. You are only licensed to activate and use Licensed Software for which you
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a have a valid license, even if during the download or installation you are presented
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with other product options. No Orders are binding on NVIDIA until accepted by NVIDIA.
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Your Orders are subject to the AGREEMENT.
|
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</p>
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<p class="p"><u class="ph u">SLA Supplements</u>: Certain Licensed Software licensed under this SLA may be subject
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to additional terms and conditions that will be presented to you in a Supplement for
|
||
acceptance prior to the delivery of such Licensed Software under this SLA and the
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applicable Supplement. Licensed Software will only be delivered to you upon your
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acceptance of all applicable terms.
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</p>
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<p class="p">1.2 <u class="ph u">Limited Purpose Licenses</u>. If your license is provided for one of the purposes
|
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indicated below, then notwithstanding contrary terms in Section 1.1 or in a Supplement,
|
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such licenses are for internal use and do not include any right or license to sub-
|
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license and distribute the Licensed Software or its output in any way in any public
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release, however limited, and/or in any manner that provides third parties with use of
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or access to the Licensed Software or its functionality or output, including (but not
|
||
limited to) external alpha or beta testing or development phases. Further:
|
||
</p>
|
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<p class="p">(i) <u class="ph u">Evaluation License</u>. You may use evaluation licenses solely for your internal
|
||
evaluation of the Licensed Software for broader adoption within your Enterprise or in
|
||
connection with a NVIDIA product purchase decision, and such licenses have an expiration
|
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date as indicated by NVIDIA in its sole discretion (or ninety days from the date of
|
||
download if no other duration is indicated).
|
||
</p>
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<p class="p">(ii) <u class="ph u">Educational/Academic License</u>. You may use educational/academic licenses
|
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solely for educational purposes and all users must be enrolled or employed by an
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academic institution. If you do not meet NVIDIA's academic program requirements for
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educational institutions, you have no rights under this license.
|
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</p>
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<p class="p">(iii) <u class="ph u">Test/Development License</u>. You may use test/development licenses solely for
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your internal development, testing and/or debugging of your software applications or for
|
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interoperability testing with the Licensed Software, and such licenses have an
|
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expiration date as indicated by NVIDIA in its sole discretion (or one year from the date
|
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of download if no other duration is indicated). NVIDIA Confidential Information under
|
||
the AGREEMENT includes output from Licensed Software developer tools identified as "Pro"
|
||
versions, where the output reveals functionality or performance data pertinent to NVIDIA
|
||
hardware or software products.
|
||
</p>
|
||
<p class="p">1.3 <u class="ph u">Pre-Release Licenses</u>. With respect to alpha, beta, preview, and other
|
||
pre-release Software and Documentation (<strong class="ph b">"Pre- Release Licensed Software"</strong>)
|
||
delivered to you under the AGREEMENT you acknowledge and agree that such Pre-Release
|
||
Licensed Software (i) may not be fully functional, may contain errors or design flaws,
|
||
and may have reduced or different security, privacy, accessibility, availability, and
|
||
reliability standards relative to commercially provided NVIDIA software and
|
||
documentation, and (ii) use of such Pre-Release Licensed Software may result in
|
||
unexpected results, loss of data, project delays or other unpredictable damage or loss.
|
||
THEREFORE, PRE-RELEASE LICENSED SOFTWARE IS NOT INTENDED FOR USE, AND SHOULD NOT BE
|
||
USED, IN PRODUCTION OR BUSINESS-CRITICAL SYSTEMS. NVIDIA has no obligation to make
|
||
available a commercial version of any Pre-Release Licensed Software and NVIDIA has the
|
||
right to abandon development of Pre-Release Licensed Software at any time without
|
||
liability.
|
||
</p>
|
||
<p class="p">1.4 <u class="ph u">Enterprise and Contractor Usage</u>. You may allow your Enterprise employees and
|
||
Contractors to access and use the Licensed Software pursuant to the terms of the
|
||
AGREEMENT solely to perform work on your behalf, provided further that with respect to
|
||
Contractors: (i) you obtain a written agreement from each Contractor which contains
|
||
terms and obligations with respect to access to and use of Licensed Software no less
|
||
protective of NVIDIA than those set forth in the AGREEMENT, and (ii) such Contractor’s
|
||
access and use expressly excludes any sublicensing or distribution rights for the
|
||
Licensed Software. You are responsible for the compliance with the terms and conditions
|
||
of the AGREEMENT by your Enterprise and Contractors. Any act or omission that, if
|
||
committed by you, would constitute a breach of the AGREEMENT shall be deemed to
|
||
constitute a breach of the AGREEMENT if committed by your Enterprise or Contractors.
|
||
</p>
|
||
<p class="p">1.5 <u class="ph u">Services</u>. Except as expressly indicated in an Order, NVIDIA is under no
|
||
obligation to provide support for the Licensed Software or to provide any patches,
|
||
maintenance, updates or upgrades under the AGREEMENT. Unless patches, maintenance,
|
||
updates or upgrades are provided with their separate governing terms and conditions,
|
||
they constitute Licensed Software licensed to you under the AGREEMENT.
|
||
</p>
|
||
<p class="p">2. LIMITATIONS.</p>
|
||
<p class="p">2.1 <u class="ph u">License Restrictions</u>. Except as expressly authorized in the AGREEMENT, you
|
||
agree that you will not (nor authorize third parties to): (i) copy and use Software that
|
||
was licensed to you for use in one or more NVIDIA hardware products in other unlicensed
|
||
products (provided that copies solely for backup purposes are allowed); (ii) reverse
|
||
engineer, decompile, disassemble (except to the extent applicable laws specifically
|
||
require that such activities be permitted) or attempt to derive the source code,
|
||
underlying ideas, algorithm or structure of Software provided to you in object code
|
||
form; (iii) sell, transfer, assign, distribute, rent, loan, lease, sublicense or
|
||
otherwise make available the Licensed Software or its functionality to third parties (a)
|
||
as an application services provider or service bureau, (b) by operating hosted/virtual
|
||
system environments, (c) by hosting, time sharing or providing any other type of
|
||
services, or (d) otherwise by means of the internet; (iv) modify, translate or otherwise
|
||
create any derivative works of any Licensed Software; (v) remove, alter, cover or
|
||
obscure any proprietary notice that appears on or with the Licensed Software or any
|
||
copies thereof; (vi) use the Licensed Software, or allow its use, transfer, transmission
|
||
or export in violation of any applicable export control laws, rules or regulations;
|
||
(vii) distribute, permit access to, or sublicense the Licensed Software as a stand-alone
|
||
product; (viii) bypass, disable, circumvent or remove any form of copy protection,
|
||
encryption, security or digital rights management or authentication mechanism used by
|
||
NVIDIA in connection with the Licensed Software, or use the Licensed Software together
|
||
with any authorization code, serial number, or other copy protection device not supplied
|
||
by NVIDIA directly or through an authorized reseller; (ix) use the Licensed Software for
|
||
the purpose of developing competing products or technologies or assisting a third party
|
||
in such activities; (x) use the Licensed Software with any system or application where
|
||
the use or failure of such system or application can reasonably be expected to threaten
|
||
or result in personal injury, death, or catastrophic loss including, without limitation,
|
||
use in connection with any nuclear, avionics, navigation, military, medical, life
|
||
support or other life critical application ("Critical Applications"), unless the parties
|
||
have entered into a Critical Applications agreement; (xi) distribute any modification or
|
||
derivative work you make to the Licensed Software under or by reference to the same name
|
||
as used by NVIDIA; or (xii) use the Licensed Software in any manner that would cause the
|
||
Licensed Software to become subject to an Open Source License. Nothing in the AGREEMENT
|
||
shall be construed to give you a right to use, or otherwise obtain access to, any source
|
||
code from which the Software or any portion thereof is compiled or interpreted. You
|
||
acknowledge that NVIDIA does not design, test, manufacture or certify the Licensed
|
||
Software for use in the context of a Critical Application and NVIDIA shall not be liable
|
||
to you or any third party, in whole or in part, for any claims or damages arising from
|
||
such use. You agree to defend, indemnify and hold harmless NVIDIA and its Affiliates,
|
||
and their respective employees, contractors, agents, officers and directors, from and
|
||
against any and all claims, damages, obligations, losses, liabilities, costs or debt,
|
||
fines, restitutions and expenses (including but not limited to attorney’s fees and costs
|
||
incident to establishing the right of indemnification) arising out of or related to you
|
||
and your Enterprise, and their respective employees, contractors, agents, distributors,
|
||
resellers, end users, officers and directors use of Licensed Software outside of the
|
||
scope of the AGREEMENT or any other breach of the terms of the AGREEMENT.
|
||
</p>
|
||
<p class="p">2.2 <u class="ph u">Third Party License Obligations</u>. You acknowledge and agree that the Licensed
|
||
Software may include or incorporate third party technology (collectively "Third Party
|
||
Components"), which is provided for use in or with the Software and not otherwise used
|
||
separately. If the Licensed Software includes or incorporates Third Party Components,
|
||
then the third-party pass-through terms and conditions ("Third Party Terms") for the
|
||
particular Third Party Component will be bundled with the Software or otherwise made
|
||
available online as indicated by NVIDIA and will be incorporated by reference into the
|
||
AGREEMENT. In the event of any conflict between the terms in the AGREEMENT and the Third
|
||
Party Terms, the Third Party Terms shall govern. Copyright to Third Party Components are
|
||
held by the copyright holders indicated in the copyright notices indicated in the Third
|
||
Party Terms.
|
||
</p>
|
||
<p class="p"><u class="ph u">Audio/Video Encoders and Decoders</u>. You acknowledge and agree that it is your sole
|
||
responsibility to obtain any additional third party licenses required to make, have
|
||
made, use, have used, sell, import, and offer for sale your products or services that
|
||
include or incorporate any Third Party Components and content relating to audio and/or
|
||
video encoders and decoders from, including but not limited to, Microsoft, Thomson,
|
||
Fraunhofer IIS, Sisvel S.p.A., MPEG-LA, and Coding Technologies as NVIDIA does not grant
|
||
to you under the AGREEMENT any necessary patent or other rights with respect to audio
|
||
and/or video encoders and decoders.
|
||
</p>
|
||
<p class="p">2.3 <u class="ph u">Limited Rights</u>. Your rights in the Licensed Software are limited to those
|
||
expressly granted under the AGREEMENT and no other licenses are granted whether by
|
||
implication, estoppel or otherwise. NVIDIA reserves all rights, title and interest in
|
||
and to the Licensed Software not expressly granted under the AGREEMENT.
|
||
</p>
|
||
<p class="p"><strong class="ph b">3. CONFIDENTIALITY.</strong> Neither party will use the other party’s Confidential
|
||
Information, except as necessary for the performance of the AGREEMENT, nor will either
|
||
party disclose such Confidential Information to any third party, except to personnel of
|
||
NVIDIA and its Affiliates, you, your Enterprise, your Enterprise Contractors, and each
|
||
party’s legal and financial advisors that have a need to know such Confidential
|
||
Information for the performance of the AGREEMENT, provided that each such personnel,
|
||
employee and Contractor is subject to a written agreement that includes confidentiality
|
||
obligations consistent with those set forth herein. Each party will use all reasonable
|
||
efforts to maintain the confidentiality of all of the other party's Confidential
|
||
Information in its possession or control, but in no event less than the efforts that it
|
||
ordinarily uses with respect to its own Confidential Information of similar nature and
|
||
importance. The foregoing obligations will not restrict either party from disclosing the
|
||
other party's Confidential Information or the terms and conditions of the AGREEMENT as
|
||
required under applicable securities regulations or pursuant to the order or requirement
|
||
of a court, administrative agency, or other governmental body, provided that the party
|
||
required to make such disclosure (i) gives reasonable notice to the other party to
|
||
enable it to contest such order or requirement prior to its disclosure (whether through
|
||
protective orders or otherwise), (ii) uses reasonable effort to obtain confidential
|
||
treatment or similar protection to the fullest extent possible to avoid such public
|
||
disclosure, and (iii) discloses only the minimum amount of information necessary to
|
||
comply with such requirements.
|
||
</p>
|
||
<p class="p"><strong class="ph b">4. OWNERSHIP.</strong> You are not obligated to disclose to NVIDIA any modifications that
|
||
you, your Enterprise or your Contractors make to the Licensed Software as permitted
|
||
under the AGREEMENT. As between the parties, all modifications are owned by NVIDIA and
|
||
licensed to you under the AGREEMENT unless otherwise expressly provided in a Supplement.
|
||
The Licensed Software and all modifications owned by NVIDIA, and the respective
|
||
Intellectual Property Rights therein, are and will remain the sole and exclusive
|
||
property of NVIDIA or its licensors, whether the Licensed Software is separate from or
|
||
combined with any other products or materials. You shall not engage in any act or
|
||
omission that would impair NVIDIA's and/or its licensors' Intellectual Property Rights
|
||
in the Licensed Software or any other materials, information, processes or subject
|
||
matter proprietary to NVIDIA. NVIDIA's licensors are intended third party beneficiaries
|
||
with the right to enforce provisions of the AGREEMENT with respect to their Confidential
|
||
Information and/or Intellectual Property Rights.
|
||
</p>
|
||
<p class="p"><strong class="ph b">5. FEEDBACK.</strong> You have no obligation to provide Feedback to NVIDIA. However,
|
||
NVIDIA and/or its Affiliates may use and include any Feedback that you provide to
|
||
improve the Licensed Software or other NVIDIA products, technologies or materials.
|
||
Accordingly, if you provide Feedback, you agree that NVIDIA and/or its Affiliates, at
|
||
their option, may, and may permit their licensees, to make, have made, use, have used,
|
||
reproduce, license, distribute and otherwise commercialize the Feedback in the Licensed
|
||
Software or in other NVIDIA products, technologies or materials without the payment of
|
||
any royalties or fees to you. All Feedback becomes the sole property of NVIDIA and may
|
||
be used in any manner NVIDIA sees fit, and you hereby assign to NVIDIA all of your
|
||
right, title and interest in and to any Feedback. NVIDIA has no obligation to respond to
|
||
Feedback or to incorporate Feedback into the Licensed Software.
|
||
</p>
|
||
<p class="p"><strong class="ph b">6. NO WARRANTIES.</strong> THE LICENSED SOFTWARE AND ANY OTHER CONFIDENTIAL INFORMATION
|
||
AND/OR SERVICES ARE PROVIDED BY NVIDIA "AS IS" AND "WITH ALL FAULTS," AND NVIDIA
|
||
EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED
|
||
OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF OPERABILITY, CONDITION,
|
||
VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY,
|
||
SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
|
||
INFRINGEMENT, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO
|
||
WARRANTY IS MADE BY NVIDIA ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF
|
||
TRADE. NVIDIA DOES NOT WARRANT THAT THE LICENSED SOFTWARE OR ANY OTHER CONFIDENTIAL
|
||
INFORMATION AND/OR SERVICES PROVIDED BY NVIDIA UNDER THE AGREEMENT WILL MEET YOUR
|
||
REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
|
||
ALL ERRORS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT NVIDIA’S OBLIGATIONS UNDER THE
|
||
AGREEMENT ARE FOR THE BENEFIT OF YOU ONLY. Nothing in this warranty section affects any
|
||
statutory rights of consumers or other recipients to the extent that they cannot be
|
||
waived or limited by contract under applicable law.
|
||
</p>
|
||
<p class="p"><strong class="ph b">7. LIMITATION OF LIABILITY.</strong> TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA OR ITS
|
||
LICENSORS 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 THE
|
||
AGREEMENT OR THE USE OR PERFORMANCE OF THE LICENSED SOFTWARE AND ANY OTHER CONFIDENTIAL
|
||
INFORMATION AND/OR SERVICES PROVIDED BY NVIDIA UNDER THE AGREEMENT, 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. IN NO EVENT WILL NVIDIA’S TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF
|
||
THE AGREEMENT EXCEED THE NET AMOUNTS RECEIVED BY NVIDIA FOR YOUR USE OF THE PARTICULAR
|
||
LICENSED SOFTWARE DURING THE TWELVE (12) MONTHS BEFORE THE LIABILITY AROSE (or up to
|
||
US$10.00 if you acquired the Licensed Software for no charge). THE NATURE OF THE
|
||
LIABILITY, THE NUMBER OF CLAIMS OR SUITS OR THE NUMBER OF PARTIES WITHIN YOUR ENTERPRISE
|
||
THAT ACCEPTED THE TERMS OF THE AGREEMENT SHALL NOT ENLARGE OR EXTEND THIS LIMIT. THE
|
||
FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER NVIDIA OR ITS LICENSORS HAVE
|
||
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY
|
||
FAILS ITS ESSENTIAL PURPOSE. The disclaimers, exclusions and limitations of liability
|
||
set forth in the AGREEMENT form an essential basis of the bargain between the parties,
|
||
and, absent any such disclaimers, exclusions or limitations of liability, the provisions
|
||
of the AGREEMENT, including, without limitation, the economic terms, would be
|
||
substantially different.
|
||
</p>
|
||
<p class="p">8. TERM AND TERMINATION.</p>
|
||
<p class="p">8.1 <u class="ph u">AGREEMENT, Licenses and Services</u>. This SLA shall become effective upon the
|
||
Effective Date, each Supplement upon their acceptance, and both this SLA and Supplements
|
||
shall continue in effect until your last access or use of the Licensed Software and/or
|
||
services hereunder, unless earlier terminated as provided in this "Term and Termination"
|
||
section. Each Licensed Software license ends at the earlier of (a) the expiration of the
|
||
applicable license term, or (b) termination of such license or the AGREEMENT. Each
|
||
service ends at the earlier of (x) the expiration of the applicable service term, (y)
|
||
termination of such service or the AGREEMENT, or (z) expiration or termination of the
|
||
associated license and no credit or refund will be provided upon the expiration or
|
||
termination of the associated license for any service fees paid.
|
||
</p>
|
||
<p class="p">8.2 <u class="ph u">Termination and Effect of Expiration or Termination</u>. NVIDIA may terminate the
|
||
AGREEMENT in whole or in part: (i) if you breach any term of the AGREEMENT and fail to
|
||
cure such breach within thirty (30) days following notice thereof from NVIDIA (or
|
||
immediately if you violate NVIDIA's Intellectual Property Rights); (ii) if you become
|
||
the subject of a voluntary or involuntary petition in bankruptcy or any proceeding
|
||
relating to insolvency, receivership, liquidation or composition for the benefit of
|
||
creditors, if that petition or proceeding is not dismissed with prejudice within sixty
|
||
(60) days after filing, or if you cease to do business; or (iii) if you commence or
|
||
participate in any legal proceeding against NVIDIA, with respect to the Licensed
|
||
Software that is the subject of the proceeding during the pendency of such legal
|
||
proceeding. If you or your authorized NVIDIA reseller fail to pay license fees or
|
||
service fees when due then NVIDIA may, in its sole discretion, suspend or terminate your
|
||
license grants, services and any other rights provided under the AGREEMENT for the
|
||
affected Licensed Software, in addition to any other remedies NVIDIA may have at law or
|
||
equity. Upon any expiration or termination of the AGREEMENT, a license or a service
|
||
provided hereunder, (a) any amounts owed to NVIDIA become immediately due and payable,
|
||
(b) you must promptly discontinue use of the affected Licensed Software and/or service,
|
||
and (c) you must promptly destroy or return to NVIDIA all copies of the affected
|
||
Licensed Software and all portions thereof in your possession or control, and each party
|
||
will promptly destroy or return to the other all of the other party's Confidential
|
||
Information within its possession or control. Upon written request, you will certify in
|
||
writing that you have complied with your obligations under this section. Upon expiration
|
||
or termination of the AGREEMENT all provisions survive except for the license grant
|
||
provisions.
|
||
</p>
|
||
<p class="p">9. CONSENT TO COLLECTION AND USE OF INFORMATION.</p>
|
||
<p class="p">You hereby agree and acknowledge that the Software may access, collect non-personally
|
||
identifiable information about your Enterprise computer systems in order to properly
|
||
optimize such systems for use with the Software. To the extent that you use the
|
||
Software, you hereby consent to all of the foregoing, and represent and warrant that you
|
||
have the right to grant such consent. In addition, you agree that you are solely
|
||
responsible for maintaining appropriate data backups and system restore points for your
|
||
Enterprise systems, and that NVIDIA will have no responsibility for any damage or loss
|
||
to such systems (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 the systems (or any part of such systems)
|
||
initiated through the Software; or (b) installation of any Software or third party
|
||
software patches initiated through the Software. In certain systems you may change your
|
||
system update preferences by unchecking "Automatically check for updates" in the
|
||
"Preferences" tab of the control panel for the Software.
|
||
</p>
|
||
<p class="p">In connection with the receipt of the Licensed Software or services you may receive
|
||
access to links to third party websites and services and the availability of those links
|
||
does not imply any endorsement by NVIDIA. NVIDIA encourages 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 personal information of individuals.
|
||
NVIDIA is not responsible or liable for: (i) the availability or accuracy of such links;
|
||
or (ii) the products, services or information available on or through such links; or
|
||
(iii) the privacy statements or practices of sites and services controlled by other
|
||
companies or organizations.
|
||
</p>
|
||
<p class="p">To the extent that you or members of your Enterprise provide to NVIDIA during
|
||
registration or otherwise personal information, you acknowledge that such information
|
||
will be collected, used and disclosed by NVIDIA in accordance with NVIDIA's privacy
|
||
policy, available at URL <a class="xref" href="http://www.nvidia.com/object/privacy_policy.html" target="_blank" shape="rect">http://www.nvidia.com/object/privacy_policy.html</a>.
|
||
</p>
|
||
<p class="p">10. GENERAL.</p>
|
||
<p class="p">This SLA, any Supplements incorporated hereto, and Orders constitute the entire agreement
|
||
of the parties with respect to the subject matter hereto and supersede all prior
|
||
negotiations, conversations, or discussions between the parties relating to the subject
|
||
matter hereto, oral or written, and all past dealings or industry custom. Any additional
|
||
and/or conflicting terms and conditions on purchase order(s) or any other documents
|
||
issued by you are null, void, and invalid. Any amendment or waiver under the AGREEMENT
|
||
must be in writing and signed by representatives of both parties.
|
||
</p>
|
||
<p class="p">The AGREEMENT and the rights and obligations thereunder may not be assigned by you, in
|
||
whole or in part, including by merger, consolidation, dissolution, operation of law, or
|
||
any other manner, without written consent of NVIDIA, and any purported assignment in
|
||
violation of this provision shall be void and of no effect. NVIDIA may assign, delegate
|
||
or transfer the AGREEMENT and its rights and obligations hereunder, and if to a
|
||
non-Affiliate you will be notified.
|
||
</p>
|
||
<p class="p">Each party acknowledges and agrees that the other is an independent contractor in the
|
||
performance of the AGREEMENT, and each party is solely responsible for all of its
|
||
employees, agents, contractors, and labor costs and expenses arising in connection
|
||
therewith. The parties are not partners, joint ventures or otherwise affiliated, and
|
||
neither has any authority to make any statements, representations or commitments of any
|
||
kind to bind the other party without prior written consent.
|
||
</p>
|
||
<p class="p">Neither party will be responsible for any failure or delay in its performance under the
|
||
AGREEMENT (except for any payment obligations) to the extent due to causes beyond its
|
||
reasonable control for so long as such force majeure event continues in effect.
|
||
</p>
|
||
<p class="p">The AGREEMENT will be governed by and construed under the laws of the State of Delaware
|
||
and the United States without regard to the conflicts of law provisions thereof and
|
||
without regard to the United Nations Convention on Contracts for the International Sale
|
||
of Goods. The parties consent to the personal jurisdiction of the federal and state
|
||
courts located in Santa Clara County, California. You acknowledge and agree that a
|
||
breach of any of your promises or agreements contained in the AGREEMENT may result in
|
||
irreparable and continuing injury to NVIDIA for which monetary damages may not be an
|
||
adequate remedy and therefore NVIDIA is entitled to seek injunctive relief as well as
|
||
such other and further relief as may be appropriate. If any court of competent
|
||
jurisdiction determines that any provision of the AGREEMENT is illegal, invalid or
|
||
unenforceable, the remaining provisions will remain in full force and effect. Unless
|
||
otherwise specified, remedies are cumulative.
|
||
</p>
|
||
<p class="p">The Licensed Software has been developed entirely at private expense and is "commercial
|
||
items" consisting of "commercial computer software" and "commercial computer software
|
||
documentation" 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 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.
|
||
</p>
|
||
<p class="p">You acknowledge that the Licensed Software described under the AGREEMENT is subject to
|
||
export control under the U.S. Export Administration Regulations (EAR) and economic
|
||
sanctions regulations administered by the U.S. Department of Treasury’s Office of
|
||
Foreign Assets Control (OFAC). Therefore, you may not export, reexport or transfer
|
||
in-country the Licensed Software without first obtaining any license or other approval
|
||
that may be required by BIS and/or OFAC. You are responsible for any violation of the
|
||
U.S. or other applicable export control or economic sanctions laws, regulations and
|
||
requirements related to the Licensed Software. By accepting this SLA, 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 Licensed Software.
|
||
</p>
|
||
<p class="p">Any notice delivered by NVIDIA to you under the AGREEMENT will be delivered via mail,
|
||
email or fax. Please direct your legal notices or other correspondence to NVIDIA
|
||
Corporation, 2701 San Tomas Expressway, Santa Clara, California 95050, United States of
|
||
America, Attention: Legal Department.
|
||
</p>
|
||
<p class="p">GLOSSARY OF TERMS</p>
|
||
<p class="p">Certain capitalized terms, if not otherwise defined elsewhere in this SLA, shall have the
|
||
meanings set forth below:
|
||
</p>
|
||
<p class="p">a. "<u class="ph u">Affiliate</u>" means any legal entity that Owns, is Owned by, or is commonly Owned
|
||
with a party. "Own" means having more than 50% ownership or the right to direct the
|
||
management of the entity.
|
||
</p>
|
||
<p class="p">b. "<u class="ph u">AGREEMENT</u>" means this SLA and all associated Supplements entered by the
|
||
parties referencing this SLA.
|
||
</p>
|
||
<p class="p">c. "<u class="ph u">Authorized Users</u>" means your Enterprise individual employees and any of your
|
||
Enterprise's Contractors, subject to the terms of the "Enterprise and Contractors Usage"
|
||
section.
|
||
</p>
|
||
<p class="p">d. "<u class="ph u">Confidential Information</u>" means the Licensed Software (unless made publicly
|
||
available by NVIDIA without confidentiality obligations), and any NVIDIA business,
|
||
marketing, pricing, research and development, know-how, technical, scientific, financial
|
||
status, proposed new products or other information disclosed by NVIDIA to you which, at
|
||
the time of disclosure, is designated in writing as confidential or proprietary (or like
|
||
written designation), or orally identified as confidential or proprietary or is
|
||
otherwise reasonably identifiable by parties exercising reasonable business judgment, as
|
||
confidential. Confidential Information does not and will not include information that:
|
||
(i) is or becomes generally known to the public through no fault of or breach of the
|
||
AGREEMENT by the receiving party; (ii) is rightfully known by the receiving party at the
|
||
time of disclosure without an obligation of confidentiality; (iii) is independently
|
||
developed by the receiving party without use of the disclosing party's Confidential
|
||
Information; or (iv) is rightfully obtained by the receiving party from a third party
|
||
without restriction on use or disclosure.
|
||
</p>
|
||
<p class="p">e. "<u class="ph u">Contractor</u>" means an individual who works primarily for your Enterprise on a
|
||
contractor basis from your secure network.
|
||
</p>
|
||
<p class="p">f. "<u class="ph u">Documentation</u>" means the NVIDIA documentation made available for use with the
|
||
Software, including (without limitation) user manuals, datasheets, operations
|
||
instructions, installation guides, release notes and other materials provided to you
|
||
under the AGREEMENT.
|
||
</p>
|
||
<p class="p">g. "<u class="ph u">Enterprise</u>" means you or any company or legal entity for which you accepted
|
||
the terms of this SLA, and their subsidiaries of which your company or legal entity owns
|
||
more than fifty percent (50%) of the issued and outstanding equity.
|
||
</p>
|
||
<p class="p">h. "<u class="ph u">Feedback</u>" means any and all suggestions, feature requests, comments or other
|
||
feedback regarding the Licensed Software, including possible enhancements or
|
||
modifications thereto.
|
||
</p>
|
||
<p class="p">i. "<u class="ph u">Intellectual Property Rights</u>" means all patent, copyright, trademark, trade
|
||
secret, trade dress, trade names, utility models, mask work, moral rights, rights of
|
||
attribution or integrity service marks, master recording and music publishing rights,
|
||
performance rights, author's rights, database rights, registered design rights and any
|
||
applications for the protection or registration of these rights, or other intellectual
|
||
or industrial property rights or proprietary rights, howsoever arising and in whatever
|
||
media, whether now known or hereafter devised, whether or not registered, (including all
|
||
claims and causes of action for infringement, misappropriation or violation and all
|
||
rights in any registrations and renewals), worldwide and whether existing now or in the
|
||
future.
|
||
</p>
|
||
<p class="p">j. "<u class="ph u">Licensed Software</u>" means Software, Documentation and all modifications owned
|
||
by NVIDIA.
|
||
</p>
|
||
<p class="p">k. "<u class="ph u">Open Source License</u>" includes, without limitation, a software license that
|
||
requires as a condition of use, modification, and/or distribution of such software that
|
||
the Software be (i) disclosed or distributed in source code form; (ii) be licensed for
|
||
the purpose of making derivative works; or (iii) be redistributable at no charge.
|
||
</p>
|
||
<p class="p">l. "<u class="ph u">Order</u>" means a purchase order issued by you, a signed purchase agreement with
|
||
you, or other ordering document issued by you to NVIDIA or a NVIDIA authorized reseller
|
||
(including any on-line acceptance process) that references and incorporates the
|
||
AGREEMENT and is accepted by NVIDIA.
|
||
</p>
|
||
<p class="p">m. "<u class="ph u">Software</u>" means the NVIDIA software programs licensed to you under the
|
||
AGREEMENT including, without limitation, libraries, sample code, utility programs and
|
||
programming code.
|
||
</p>
|
||
<p class="p">n. "<u class="ph u">Supplement</u>" means the additional terms and conditions beyond those stated in
|
||
this SLA that apply to certain Licensed Software licensed hereunder.
|
||
</p>
|
||
</div>
|
||
</div>
|
||
<div class="topic nested0" id="third_party_licenses"><a name="third_party_licenses" shape="rect">
|
||
<!-- --></a><h2 class="title topictitle1"><a href="#third_party_licenses" name="third_party_licenses" shape="rect">Third Party Licenses</a></h2>
|
||
<div class="body">
|
||
<p class="p"></p>
|
||
</div>
|
||
<div class="topic nested1" id="license_attribution__boost"><a name="license_attribution__boost" shape="rect">
|
||
<!-- --></a><h3 class="title topictitle2"><a href="#license_attribution__boost" name="license_attribution__boost" shape="rect">Boost</a></h3>
|
||
<div class="body">
|
||
<p class="p">Boost Software License - Version 1.0 - August 17th, 2003</p>
|
||
<p class="p">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:
|
||
</p>
|
||
<p class="p">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.
|
||
</p>
|
||
<p class="p">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.
|
||
</p>
|
||
</div>
|
||
</div>
|
||
<div class="topic nested1" id="license_attribution__flatbuffers"><a name="license_attribution__flatbuffers" shape="rect">
|
||
<!-- --></a><h3 class="title topictitle2"><a href="#license_attribution__flatbuffers" name="license_attribution__flatbuffers" shape="rect">Flatbuffers</a></h3>
|
||
<div class="body">
|
||
<p class="p">http://google.github.io/flatbuffers</p>
|
||
<p class="p">Apache License</p>
|
||
<p class="p"> Version 2.0, January 2004</p>
|
||
<p class="p"><a class="xref" href="http://www.apache.org/licenses/" target="_blank" shape="rect">http://www.apache.org/licenses/</a></p>
|
||
<p class="p"> TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION</p>
|
||
<p class="p"> 1. Definitions.</p>
|
||
<p class="p"> "License" shall mean the terms and conditions for use, reproduction, and
|
||
distribution as defined by Sections 1 through 9 of this document.
|
||
</p>
|
||
<p class="p">"Licensor" shall mean the copyright owner or entity authorized by the copyright owner
|
||
that is granting the License.
|
||
</p>
|
||
<p class="p">"Legal Entity" shall mean the union of the acting entity and all other entities that
|
||
control, are controlled by, or are under common control with that entity. For the
|
||
purposes of this definition, "control" means (i) the power, direct or indirect, to
|
||
cause the direction or management of such entity, whether by contract or otherwise,
|
||
or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii)
|
||
beneficial ownership of such entity.
|
||
</p>
|
||
<p class="p">"You" (or "Your") shall mean an individual or Legal Entity exercising permissions
|
||
granted by this License.
|
||
</p>
|
||
<p class="p">"Source" form shall mean the preferred form for making modifications, including but
|
||
not limited to software source code, documentation source, and configuration
|
||
files.
|
||
</p>
|
||
<p class="p">"Object" form shall mean any form resulting from mechanical transformation or
|
||
translation of a Source form, including but not limited to compiled object code,
|
||
generated documentation, and conversions to other media types.
|
||
</p>
|
||
<p class="p">"Work" shall mean the work of authorship, whether in Source or Object form, made
|
||
available under the License, as indicated by a copyright notice that is included in
|
||
or attached to the work (an example is provided in the Appendix below).
|
||
</p>
|
||
<p class="p">"Derivative Works" shall mean any work, whether in Source or Object form, that is
|
||
based on (or derived from) the Work and for which the editorial revisions,
|
||
annotations, elaborations, or other modifications represent, as a whole, an original
|
||
work of authorship. For the purposes of this License, Derivative Works shall not
|
||
include works that remain separable from, or merely link (or bind by name) to the
|
||
interfaces of, the Work and Derivative Works thereof.
|
||
</p>
|
||
<p class="p">"Contribution" shall mean any work of authorship, including the original version of
|
||
the Work and any modifications or additions to that Work or Derivative Works
|
||
thereof, that is intentionally submitted to Licensor for inclusion in the Work by
|
||
the copyright owner or by an individual or Legal Entity authorized to submit on
|
||
behalf of the copyright owner. For the purposes of this definition, "submitted"
|
||
means any form of electronic, verbal, or written communication sent to the Licensor
|
||
or its representatives, including but not limited to communication on electronic
|
||
mailing lists, source code control systems, and issue tracking systems that are
|
||
managed by, or on behalf of, the Licensor for the purpose of discussing and
|
||
improving the Work, but excluding communication that is conspicuously marked or
|
||
otherwise designated in writing by the copyright owner as "Not a Contribution."
|
||
</p>
|
||
<p class="p">"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of
|
||
whom a Contribution has been received by Licensor and subsequently incorporated
|
||
within the Work.
|
||
</p>
|
||
<p class="p">2. Grant of Copyright License. Subject to the terms and conditions of this License,
|
||
each Contributor hereby grants to You a perpetual, worldwide, non-exclusive,
|
||
no-charge, royalty-free, irrevocable copyright license to reproduce, prepare
|
||
Derivative Works of, publicly display, publicly perform, sublicense, and distribute
|
||
the Work and such Derivative Works in Source or Object form.
|
||
</p>
|
||
<p class="p">3. Grant of Patent License. Subject to the terms and conditions of this License, each
|
||
Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge,
|
||
royalty-free, irrevocable (except as stated in this section) patent license to make,
|
||
have made, use, offer to sell, sell, import, and otherwise transfer the Work, where
|
||
such license applies only to those patent claims licensable by such Contributor that
|
||
are necessarily infringed by their Contribution(s) alone or by combination of their
|
||
Contribution(s) with the Work to which such Contribution(s) was submitted. If You
|
||
institute patent litigation against any entity (including a cross-claim or
|
||
counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated
|
||
within the Work constitutes direct or contributory patent infringement, then any
|
||
patent licenses granted to You under this License for that Work shall terminate as
|
||
of the date such litigation is filed.
|
||
</p>
|
||
<p class="p">4. Redistribution. You may reproduce and distribute copies of the Work or Derivative
|
||
Works thereof in any medium, with or without modifications, and in Source or Object
|
||
form, provided that You meet the following conditions:
|
||
</p>
|
||
<p class="p">(a) You must give any other recipients of the Work or Derivative Works a copy of this
|
||
License; and
|
||
</p>
|
||
<p class="p">(b) You must cause any modified files to carry prominent notices stating that You
|
||
changed the files; and
|
||
</p>
|
||
<p class="p">(c) You must retain, in the Source form of any Derivative Works that You distribute,
|
||
all copyright, patent, trademark, and attribution notices from the Source form of
|
||
the Work, excluding those notices that do not pertain to any part of the Derivative
|
||
Works; and
|
||
</p>
|
||
<p class="p">(d) If the Work includes a "NOTICE" text file as part of its distribution, then any
|
||
Derivative Works that You distribute must include a readable copy of the attribution
|
||
notices contained within such NOTICE file, excluding those notices that do not
|
||
pertain to any part of the Derivative Works, in at least one of the following
|
||
places: within a NOTICE text file distributed as part of the Derivative Works;
|
||
within the Source form or documentation, if provided along with the Derivative
|
||
Works; or, within a display generated by the Derivative Works, if and wherever such
|
||
third-party notices normally appear. The contents of the NOTICE file are for
|
||
informational purposes only and do not modify the License. You may add Your own
|
||
attribution notices within Derivative Works that You distribute, alongside or as an
|
||
addendum to the NOTICE text from the Work, provided that such additional attribution
|
||
notices cannot be construed as modifying the License.
|
||
</p>
|
||
<p class="p">You may add Your own copyright statement to Your modifications and may provide
|
||
additional or different license terms and conditions for use, reproduction, or
|
||
distribution of Your modifications, or for any such Derivative Works as a whole,
|
||
provided Your use, reproduction, and distribution of the Work otherwise complies
|
||
with the conditions stated in this License.
|
||
</p>
|
||
<p class="p">5. Submission of Contributions. Unless You explicitly state otherwise, any
|
||
Contribution intentionally submitted for inclusion in the Work by You to the
|
||
Licensor shall be under the terms and conditions of this License, without any
|
||
additional terms or conditions. Notwithstanding the above, nothing herein shall
|
||
supersede or modify the terms of any separate license agreement you may have
|
||
executed with Licensor regarding such Contributions.
|
||
</p>
|
||
<p class="p">6. Trademarks. This License does not grant permission to use the trade names,
|
||
trademarks, service marks, or product names of the Licensor, except as required for
|
||
reasonable and customary use in describing the origin of the Work and reproducing
|
||
the content of the NOTICE file.
|
||
</p>
|
||
<p class="p">7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing,
|
||
Licensor provides the Work (and each Contributor provides its Contributions) on an
|
||
"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
|
||
implied, including, without limitation, any warranties or conditions of TITLE,
|
||
NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are
|
||
solely responsible for determining the appropriateness of using or redistributing
|
||
the Work and assume any risks associated with Your exercise of permissions under
|
||
this License.
|
||
</p>
|
||
<p class="p">8. Limitation of Liability. In no event and under no legal theory, whether in tort
|
||
(including negligence), contract, or otherwise, unless required by applicable law
|
||
(such as deliberate and grossly negligent acts) or agreed to in writing, shall any
|
||
Contributor be liable to You for damages, including any direct, indirect, special,
|
||
incidental, or consequential damages of any character arising as a result of this
|
||
License or out of the use or inability to use the Work (including but not limited to
|
||
damages for loss of goodwill, work stoppage, computer failure or malfunction, or any
|
||
and all other commercial damages or losses), even if such Contributor has been
|
||
advised of the possibility of such damages.
|
||
</p>
|
||
<p class="p">9. Accepting Warranty or Additional Liability. While redistributing the Work or
|
||
Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance
|
||
of support, warranty, indemnity, or other liability obligations and/or rights
|
||
consistent with this License. However, in accepting such obligations, You may act
|
||
only on Your own behalf and on Your sole responsibility, not on behalf of any other
|
||
Contributor, and only if You agree to indemnify, defend, and hold each Contributor
|
||
harmless for any liability incurred by, or claims asserted against, such Contributor
|
||
by reason of your accepting any such warranty or additional liability.
|
||
</p>
|
||
<p class="p">END OF TERMS AND CONDITIONS</p>
|
||
<p class="p">APPENDIX: How to apply the Apache License to your work.</p>
|
||
<p class="p">To apply the Apache License to your work, attach the following boilerplate notice,
|
||
with the fields enclosed by brackets "[]" replaced with your own identifying
|
||
information. (Don't include the brackets!) The text should be enclosed in the
|
||
appropriate comment syntax for the file format. We also recommend that a file or
|
||
class name and description of purpose be included on the same "printed page" as the
|
||
copyright notice for easier identification within third-party archives.
|
||
</p>
|
||
<p class="p">Copyright © 2014 Google Inc.</p>
|
||
<p class="p">Licensed under the Apache License, Version 2.0 (the "License"); you may not use this
|
||
file except in compliance with the License. You may obtain a copy of the License
|
||
at
|
||
</p>
|
||
<p class="p"><a class="xref" href="http://www.apache.org/licenses/license-2.0" target="_blank" shape="rect">http://www.apache.org/licenses/LICENSE-2.0</a></p>
|
||
</div>
|
||
</div>
|
||
<div class="topic nested1" id="license_attribution__microsoft_directx_runtime"><a name="license_attribution__microsoft_directx_runtime" shape="rect">
|
||
<!-- --></a><h3 class="title topictitle2"><a href="#license_attribution__microsoft_directx_runtime" name="license_attribution__microsoft_directx_runtime" shape="rect">Microsoft DirectX End User Runtime</a></h3>
|
||
<div class="body">
|
||
<p class="p">MICROSOFT SOFTWARE LICENSE TERMS</p>
|
||
<p class="p">MICROSOFT DIRECTX END USER RUNTIME</p>
|
||
<p class="p">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
|
||
</p>
|
||
<p class="p">* updates,</p>
|
||
<p class="p">* supplements,</p>
|
||
<p class="p">* Internet-based services, and</p>
|
||
<p class="p">* support services</p>
|
||
<p class="p">for this software, unless other terms accompany those items. If so, those terms
|
||
apply.
|
||
</p>
|
||
<p class="p">BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE
|
||
THE SOFTWARE.
|
||
</p>
|
||
<p class="p">If you comply with these license terms, you have the rights below.</p>
|
||
<p class="p">1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the
|
||
software on your devices.
|
||
</p>
|
||
<p class="p">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
|
||
</p>
|
||
<p class="p">* work around any technical limitations in the software;</p>
|
||
<p class="p">* reverse engineer, decompile or disassemble the software, except and only to the
|
||
extent that applicable law expressly permits, despite this limitation;
|
||
</p>
|
||
<p class="p">* make more copies of the software than specified in this agreement or allowed by
|
||
applicable law, despite this limitation;
|
||
</p>
|
||
<p class="p">* publish the software for others to copy;</p>
|
||
<p class="p">* rent, lease or lend the software;</p>
|
||
<p class="p">* transfer the software or this agreement to any third party; or</p>
|
||
<p class="p">* use the software for commercial software hosting services.</p>
|
||
<p class="p">3. BACKUP COPY. You may make one backup copy of the software. You may use it only to
|
||
reinstall the software.
|
||
</p>
|
||
<p class="p">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.
|
||
</p>
|
||
<p class="p">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.
|
||
</p>
|
||
<p class="p">6. SUPPORT SERVICES. Because this software is "as is," we may not provide support
|
||
services for it.
|
||
</p>
|
||
<p class="p">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.
|
||
</p>
|
||
<p class="p">8. APPLICABLE LAW.</p>
|
||
<p class="p">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.
|
||
</p>
|
||
<p class="p">b. Outside the United States. If you acquired the software in any other country, the
|
||
laws of that country apply.
|
||
</p>
|
||
<p class="p">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.
|
||
</p>
|
||
<p class="p">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.
|
||
</p>
|
||
<p class="p">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.
|
||
</p>
|
||
<p class="p">This limitation applies to</p>
|
||
<p class="p">* anything related to the software, services, content (including code) on third party
|
||
Internet sites, or third party programs; and
|
||
</p>
|
||
<p class="p">* claims for breach of contract, breach of warranty, guarantee or condition, strict
|
||
liability, negligence, or other tort to the extent permitted by applicable law.
|
||
</p>
|
||
<p class="p">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.
|
||
</p>
|
||
</div>
|
||
</div>
|
||
<div class="topic nested1" id="license_attribution__python"><a name="license_attribution__python" shape="rect">
|
||
<!-- --></a><h3 class="title topictitle2"><a href="#license_attribution__python" name="license_attribution__python" shape="rect">Python</a></h3>
|
||
<div class="body"><pre class="pre" xml:space="preserve">A. HISTORY OF THE SOFTWARE
|
||
==========================
|
||
|
||
Python was created in the early 1990s by Guido van Rossum at Stichting
|
||
Mathematisch Centrum (CWI, see http://www.cwi.nl) in the Netherlands
|
||
as a successor of a language called ABC. Guido remains Python's
|
||
principal author, although it includes many contributions from others.
|
||
|
||
In 1995, Guido continued his work on Python at the Corporation for
|
||
National Research Initiatives (CNRI, see http://www.cnri.reston.va.us)
|
||
in Reston, Virginia where he released several versions of the
|
||
software.
|
||
|
||
In May 2000, Guido and the Python core development team moved to
|
||
BeOpen.com to form the BeOpen PythonLabs team. In October of the same
|
||
year, the PythonLabs team moved to Digital Creations (now Zope
|
||
Corporation, see http://www.zope.com). In 2001, the Python Software
|
||
Foundation (PSF, see http://www.python.org/psf/) was formed, a
|
||
non-profit organization created specifically to own Python-related
|
||
Intellectual Property. Zope Corporation is a sponsoring member of
|
||
the PSF.
|
||
|
||
All Python releases are Open Source (see http://www.opensource.org for
|
||
the Open Source Definition). Historically, most, but not all, Python
|
||
releases have also been GPL-compatible; the table below summarizes
|
||
the various releases.
|
||
|
||
Release Derived Year Owner GPL-
|
||
from compatible? (1)
|
||
|
||
0.9.0 thru 1.2 1991-1995 CWI yes
|
||
1.3 thru 1.5.2 1.2 1995-1999 CNRI yes
|
||
1.6 1.5.2 2000 CNRI no
|
||
2.0 1.6 2000 BeOpen.com no
|
||
1.6.1 1.6 2001 CNRI yes (2)
|
||
2.1 2.0+1.6.1 2001 PSF no
|
||
2.0.1 2.0+1.6.1 2001 PSF yes
|
||
2.1.1 2.1+2.0.1 2001 PSF yes
|
||
2.1.2 2.1.1 2002 PSF yes
|
||
2.1.3 2.1.2 2002 PSF yes
|
||
2.2 and above 2.1.1 2001-now PSF yes
|
||
|
||
Footnotes:
|
||
|
||
(1) GPL-compatible doesn't mean that we're distributing Python under
|
||
the GPL. All Python licenses, unlike the GPL, let you distribute
|
||
a modified version without making your changes open source. The
|
||
GPL-compatible licenses make it possible to combine Python with
|
||
other software that is released under the GPL; the others don't.
|
||
|
||
(2) According to Richard Stallman, 1.6.1 is not GPL-compatible,
|
||
because its license has a choice of law clause. According to
|
||
CNRI, however, Stallman's lawyer has told CNRI's lawyer that 1.6.1
|
||
is "not incompatible" with the GPL.
|
||
|
||
Thanks to the many outside volunteers who have worked under Guido's
|
||
direction to make these releases possible.
|
||
|
||
|
||
B. TERMS AND CONDITIONS FOR ACCESSING OR OTHERWISE USING PYTHON
|
||
===============================================================
|
||
|
||
PYTHON SOFTWARE FOUNDATION LICENSE VERSION 2
|
||
--------------------------------------------
|
||
|
||
1. This LICENSE AGREEMENT is between the Python Software Foundation
|
||
("PSF"), and the Individual or Organization ("Licensee") accessing and
|
||
otherwise using this software ("Python") in source or binary form and
|
||
its associated documentation.
|
||
|
||
2. Subject to the terms and conditions of this License Agreement, PSF hereby
|
||
grants Licensee a nonexclusive, royalty-free, world-wide license to reproduce,
|
||
analyze, test, perform and/or display publicly, prepare derivative works,
|
||
distribute, and otherwise use Python alone or in any derivative version,
|
||
provided, however, that PSF's License Agreement and PSF's notice of copyright,
|
||
i.e., "Copyright (c) 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,
|
||
2011, 2012, 2013, 2014, 2015, 2016 Python Software Foundation; All Rights
|
||
Reserved" are retained in Python alone or in any derivative version prepared by
|
||
Licensee.
|
||
|
||
3. In the event Licensee prepares a derivative work that is based on
|
||
or incorporates Python or any part thereof, and wants to make
|
||
the derivative work available to others as provided herein, then
|
||
Licensee hereby agrees to include in any such work a brief summary of
|
||
the changes made to Python.
|
||
|
||
4. PSF is making Python available to Licensee on an "AS IS"
|
||
basis. PSF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
|
||
IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND
|
||
DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
|
||
FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON WILL NOT
|
||
INFRINGE ANY THIRD PARTY RIGHTS.
|
||
|
||
5. PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON
|
||
FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS
|
||
A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON,
|
||
OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
|
||
|
||
6. This License Agreement will automatically terminate upon a material
|
||
breach of its terms and conditions.
|
||
|
||
7. Nothing in this License Agreement shall be deemed to create any
|
||
relationship of agency, partnership, or joint venture between PSF and
|
||
Licensee. This License Agreement does not grant permission to use PSF
|
||
trademarks or trade name in a trademark sense to endorse or promote
|
||
products or services of Licensee, or any third party.
|
||
|
||
8. By copying, installing or otherwise using Python, Licensee
|
||
agrees to be bound by the terms and conditions of this License
|
||
Agreement.
|
||
|
||
|
||
BEOPEN.COM LICENSE AGREEMENT FOR PYTHON 2.0
|
||
-------------------------------------------
|
||
|
||
BEOPEN PYTHON OPEN SOURCE LICENSE AGREEMENT VERSION 1
|
||
|
||
1. This LICENSE AGREEMENT is between BeOpen.com ("BeOpen"), having an
|
||
office at 160 Saratoga Avenue, Santa Clara, CA 95051, and the
|
||
Individual or Organization ("Licensee") accessing and otherwise using
|
||
this software in source or binary form and its associated
|
||
documentation ("the Software").
|
||
|
||
2. Subject to the terms and conditions of this BeOpen Python License
|
||
Agreement, BeOpen hereby grants Licensee a non-exclusive,
|
||
royalty-free, world-wide license to reproduce, analyze, test, perform
|
||
and/or display publicly, prepare derivative works, distribute, and
|
||
otherwise use the Software alone or in any derivative version,
|
||
provided, however, that the BeOpen Python License is retained in the
|
||
Software, alone or in any derivative version prepared by Licensee.
|
||
|
||
3. BeOpen is making the Software available to Licensee on an "AS IS"
|
||
basis. BEOPEN MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
|
||
IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, BEOPEN MAKES NO AND
|
||
DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
|
||
FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE WILL NOT
|
||
INFRINGE ANY THIRD PARTY RIGHTS.
|
||
|
||
4. BEOPEN SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF THE
|
||
SOFTWARE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS
|
||
AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY
|
||
DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
|
||
|
||
5. This License Agreement will automatically terminate upon a material
|
||
breach of its terms and conditions.
|
||
|
||
6. This License Agreement shall be governed by and interpreted in all
|
||
respects by the law of the State of California, excluding conflict of
|
||
law provisions. Nothing in this License Agreement shall be deemed to
|
||
create any relationship of agency, partnership, or joint venture
|
||
between BeOpen and Licensee. This License Agreement does not grant
|
||
permission to use BeOpen trademarks or trade names in a trademark
|
||
sense to endorse or promote products or services of Licensee, or any
|
||
third party. As an exception, the "BeOpen Python" logos available at
|
||
http://www.pythonlabs.com/logos.html may be used according to the
|
||
permissions granted on that web page.
|
||
|
||
7. By copying, installing or otherwise using the software, Licensee
|
||
agrees to be bound by the terms and conditions of this License
|
||
Agreement.
|
||
|
||
|
||
CNRI LICENSE AGREEMENT FOR PYTHON 1.6.1
|
||
---------------------------------------
|
||
|
||
1. This LICENSE AGREEMENT is between the Corporation for National
|
||
Research Initiatives, having an office at 1895 Preston White Drive,
|
||
Reston, VA 20191 ("CNRI"), and the Individual or Organization
|
||
("Licensee") accessing and otherwise using Python 1.6.1 software in
|
||
source or binary form and its associated documentation.
|
||
|
||
2. Subject to the terms and conditions of this License Agreement, CNRI
|
||
hereby grants Licensee a nonexclusive, royalty-free, world-wide
|
||
license to reproduce, analyze, test, perform and/or display publicly,
|
||
prepare derivative works, distribute, and otherwise use Python 1.6.1
|
||
alone or in any derivative version, provided, however, that CNRI's
|
||
License Agreement and CNRI's notice of copyright, i.e., "Copyright (c)
|
||
1995-2001 Corporation for National Research Initiatives; All Rights
|
||
Reserved" are retained in Python 1.6.1 alone or in any derivative
|
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CWI LICENSE AGREEMENT FOR PYTHON 0.9.0 THROUGH 1.2
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<!-- --></a><h3 class="title topictitle2"><a href="#license_attribution__vulkan_sdk" name="license_attribution__vulkan_sdk" shape="rect">Vulkan SDK</a></h3>
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<!-- --></a><h3 class="title topictitle2"><a href="#license_attribution__yaml_cpp" name="license_attribution__yaml_cpp" shape="rect">yaml-cpp</a></h3>
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<div class="topic nested1" id="license_attribution__zlib"><a name="license_attribution__zlib" shape="rect">
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<!-- --></a><h3 class="title topictitle2"><a href="#license_attribution__zlib" name="license_attribution__zlib" shape="rect">Zlib</a></h3>
|
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<div class="body">
|
||
<p class="p">version 1.2.7, May 2nd, 2012</p>
|
||
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|
||
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|
||
<p class="p">The data format used by the zlib library is described by RFCs (Request for Comments)
|
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|
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<p class="p">NVIDIA and the NVIDIA logo are trademarks or registered trademarks of NVIDIA Corporation
|
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in the U.S. and other countries. Other company and product names may be trademarks of
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the respective companies with which they are associated.
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<h3 class="title sectiontitle">Copyright</h3>
|
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<p class="p">© <span class="ph">2021</span>-<span class="ph">2021</span> NVIDIA
|
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Corporation. All rights reserved.
|
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</p>
|
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<p class="p">This product includes software developed by the Syncro Soft SRL (http://www.sync.ro/).</p>
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