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License For Customer Use of NVIDIA Software
IMPORTANT NOTICE -- READ CAREFULLY: This License For Customer Use of NVIDIA
Software ("LICENSE") is the agreement which governs use of the software of
NVIDIA Corporation and its subsidiaries (?NVIDIA?) downloadable herefrom,
including computer software and associated printed materials ("SOFTWARE").
By downloading, installing, copying, or otherwise using the SOFTWARE, you
agree to be bound by the terms of this LICENSE. If you do not agree to the
terms of this LICENSE, do not download the SOFTWARE.
RECITALS
Use of NVIDIA's products requires three elements: the SOFTWARE, the hardware
on a graphics controller board, and a personal computer. The SOFTWARE is
protected by copyright laws and international copyright treaties, as well as
other intellectual property laws and treaties. The SOFTWARE is not sold, and
instead is only licensed for use, strictly in accordance with this document.
The hardware is protected by various patents, and is sold, but this
agreement does not cover that sale, since it may not necessarily be sold as
a package with the SOFTWARE. This agreement sets forth the terms and
conditions of the SOFTWARE LICENSE only.
1. DEFINITIONS
1.1 Customer. Customer means the entity or individual that downloads the
SOFTWARE.
2. GRANT OF LICENSE
2.1 Rights and Limitations of Grant. NVIDIA hereby grants Customer the
following non-exclusive, non-transferable right to use the SOFTWARE, with
the following limitations:
2.1.1 Rights. Customer may install and use one copy of the SOFTWARE on a
single computer, and except for making one back-up copy of the Software, may
not otherwise copy the SOFTWARE. This LICENSE of SOFTWARE may not be shared
or used concurrently on different computers.
2.1.2 Linux Exception. Notwithstanding the foregoing terms of Section 2.1.1,
SOFTWARE designed exclusively for use on the Linux operating system may be
copied and redistributed, provided that the binary files thereof are not
modified in any way (except for unzipping of compressed files).
2.1.3 Limitations.
No Reverse Engineering. Customer may not reverse engineer, decompile, or
disassemble the SOFTWARE, nor attempt in any other manner to obtain the
source code.
No Separation of Components. The SOFTWARE is licensed as a single product.
Its component parts may not be separated for use on more than one computer,
nor otherwise used separately from the other parts.
No Rental. Customer may not rent or lease the SOFTWARE to someone else.
3. TERMINATION
This LICENSE will automatically terminate if Customer fails to comply with
any of the terms and conditions hereof. In such event, Customer must destroy
all copies of the SOFTWARE and all of its component parts.
4. COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited
to all images, photographs, animations, video, audio, music, text, and other
information incorporated into the SOFTWARE), the accompanying printed
materials, and any copies of the SOFTWARE, are owned by NVIDIA, or its
suppliers. The SOFTWARE is protected by copyright laws and international
treaty provisions. Accordingly, Customer is required to treat the SOFTWARE
like any other copyrighted material, except as otherwise allowed pursuant to
this LICENSE and that it may make one copy of the SOFTWARE solely for backup
or archive purposes.
5. APPLICABLE LAW
This agreement shall be deemed to have been made in, and shall be construed
pursuant to, the laws of the State of California.
6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS DISCLAIM ALL
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF
NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. MISCELLANEOUS
The United Nations Convention on Contracts for the International Sale of
Goods is specifically disclaimed. If any provision of this LICENSE is
inconsistent with, or cannot be fully enforced under, the law, such
provision will be construed as limited to the extent necessary to be
consistent with and fully enforceable under the law. This agreement is the
final, complete and exclusive agreement between the parties relating to the
subject matter hereof, and supersedes all prior or contemporaneous
understandings and agreements relating to such subject matter, whether oral
or written. Customer agrees that it will not ship, transfer or export the
SOFTWARE into any country, or use the SOFTWARE in any manner, prohibited by
the United States Bureau of Export Administration or any export laws,
restrictions or regulations. This LICENSE may only be modified in writing
signed by an authorized officer of NVIDIA.
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