/licenses/NVIDIA.txt

  1           License For Customer Use of NVIDIA Software
  2
  3
  4IMPORTANT NOTICE -- READ CAREFULLY: This License For Customer Use of
  5NVIDIA Software ("LICENSE") is the agreement which governs use of
  6the software of NVIDIA Corporation and its subsidiaries ("NVIDIA")
  7downloadable herefrom, including computer software and associated
  8printed materials ("SOFTWARE").  By downloading, installing, copying,
  9or otherwise using the SOFTWARE, you agree to be bound by the terms
 10of this LICENSE.  If you do not agree to the terms of this LICENSE,
 11do not download the SOFTWARE.
 12
 13RECITALS
 14
 15Use of NVIDIA's products requires three elements: the SOFTWARE, the
 16hardware on a graphics controller board, and a personal computer. The
 17SOFTWARE is protected by copyright laws and international copyright
 18treaties, as well as other intellectual property laws and treaties.
 19The SOFTWARE is not sold, and instead is only licensed for use,
 20strictly in accordance with this document.  The hardware is protected
 21by various patents, and is sold, but this agreement does not cover
 22that sale, since it may not necessarily be sold as a package with
 23the SOFTWARE.  This agreement sets forth the terms and conditions
 24of the SOFTWARE LICENSE only.
 25
 261.  DEFINITIONS
 27
 281.1  Customer.  Customer means the entity or individual that
 29downloads the SOFTWARE.
 30
 312.  GRANT OF LICENSE
 32
 332.1  Rights and Limitations of Grant.  NVIDIA hereby grants Customer
 34the following non-exclusive, non-transferable right to use the
 35SOFTWARE, with the following limitations:
 36
 372.1.1  Rights.  Customer may install and use one copy of the SOFTWARE
 38on a single computer, and except for making one back-up copy of
 39the Software, may not otherwise copy the SOFTWARE.  This LICENSE
 40of SOFTWARE may not be shared or used concurrently on different
 41computers.
 42
 432.1.2  Linux/FreeBSD Exception.  Notwithstanding the foregoing terms
 44of Section 2.1.1, SOFTWARE designed exclusively for use on the Linux or
 45FreeBSD operating systems, or other operating systems derived from the
 46source code to these operating systems, may be copied and redistributed,
 47provided that the binary files thereof are not modified in any way
 48(except for unzipping of compressed files).
 49
 502.1.3  Limitations.
 51
 52No Reverse Engineering.  Customer may not reverse engineer,
 53decompile, or disassemble the SOFTWARE, nor attempt in any other
 54manner to obtain the source code.
 55
 56No Separation of Components.  The SOFTWARE is licensed as a
 57single product.  Its component parts may not be separated for use
 58on more than one computer, nor otherwise used separately from the
 59other parts.
 60
 61No Rental.  Customer may not rent or lease the SOFTWARE to someone
 62else.
 63
 643.  TERMINATION
 65
 66This LICENSE will automatically terminate if Customer fails to
 67comply with any of the terms and conditions hereof.  In such event,
 68Customer must destroy all copies of the SOFTWARE and all of its
 69component parts.
 70
 71Defensive Suspension.  If Customer commences or participates in any legal
 72proceeding against NVIDIA, then NVIDIA may, in its sole discretion,
 73suspend or terminate all license grants and any other rights provided
 74under this LICENSE during the pendency of such legal proceedings.
 75
 764.  COPYRIGHT
 77
 78All title and copyrights in and to the SOFTWARE (including but
 79not limited to all images, photographs, animations, video, audio,
 80music, text, and other information incorporated into the SOFTWARE),
 81the accompanying printed materials, and any copies of the SOFTWARE,
 82are owned by NVIDIA, or its suppliers.  The SOFTWARE is protected
 83by copyright laws and international treaty provisions.  Accordingly,
 84Customer is required to treat the SOFTWARE like any other copyrighted
 85material, except as otherwise allowed pursuant to this LICENSE
 86and that it may make one copy of the SOFTWARE solely for backup or
 87archive purposes.
 88
 895.  APPLICABLE LAW
 90
 91This agreement shall be deemed to have been made in, and shall be
 92construed pursuant to, the laws of the State of California.
 93
 946.  DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
 95
 966.1  No Warranties.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
 97LAW, THE SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS
 98DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
 99NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
100FOR A PARTICULAR PURPOSE.
101
1026.2  No Liability for Consequential Damages.  TO THE MAXIMUM
103EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NVIDIA OR
104ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
105CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
106DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
107OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT
108OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS
109BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
110
1117.  MISCELLANEOUS 
112
113The United Nations Convention on Contracts for the International
114Sale of Goods is specifically disclaimed.  If any provision of this
115LICENSE is inconsistent with, or cannot be fully enforced under,
116the law, such provision will be construed as limited to the extent
117necessary to be consistent with and fully enforceable under the law.
118This agreement is the final, complete and exclusive agreement between
119the parties relating to the subject matter hereof, and supersedes
120all prior or contemporaneous understandings and agreements relating
121to such subject matter, whether oral or written.  Customer agrees
122that it will not ship, transfer or export the SOFTWARE into any
123country, or use the SOFTWARE in any manner, prohibited by the
124United States Bureau of Export Administration or any export laws,
125restrictions or regulations.  This LICENSE may only be modified in
126writing signed by an authorized officer of NVIDIA.
127