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 LICENSE does
not cover that sale, since it may not necessarily be sold as a package with
the SOFTWARE. This LICENSE 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/FreeBSD Exception. Notwithstanding the foregoing terms of Section
2.1.1, SOFTWARE designed exclusively for use on the Linux or FreeBSD operating
systems, or other operating systems derived from the source code to these
operating systems, 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.
Defensive Suspension. If Customer commences or participates in any legal
proceeding against NVIDIA, then NVIDIA may, in its sole discretion, suspend or
terminate all license grants and any other rights provided under this LICENSE
during the pendency of such legal proceedings.
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 LICENSE shall be deemed to have been made in, and shall be construed
pursuant to, the laws of the State of California. The United Nations
Convention on Contracts for the International Sale of Goods is specifically
disclaimed.
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
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 LICENSE 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. This LICENSE may only be modified in writing signed
by an authorized officer of NVIDIA. 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. |
