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2020-05-04 17:58:11 +02:00
1. LICENSE AGREEMENT FOR NVIDIA SOFTWARE DEVELOPMENT KITS
---------------------------------------------------------
Release Date: July 26, 2018
---------------------------
IMPORTANT NOTICE—READ BEFORE DOWNLOADING, INSTALLING,
COPYING OR USING THE LICENSED SOFTWARE:
-------------------------------------------------------
This license agreement, including exhibits attached
("Agreement”) is a legal agreement between you and NVIDIA
Corporation ("NVIDIA") and governs your use of a NVIDIA
software development kit (“SDK”).
Each SDK has its own set of software and materials, but here
is a description of the types of items that may be included in
a SDK: source code, header files, APIs, data sets and assets
(examples include images, textures, models, scenes, videos,
native API input/output files), binary software, sample code,
libraries, utility programs, programming code and
documentation.
This Agreement can be accepted only by an adult of legal age
of majority in the country in which the SDK is used.
If you are entering into this Agreement on behalf of a company
or other legal entity, you represent that you have the legal
authority to bind the entity to this Agreement, in which case
“you” will mean the entity you represent.
If you don’t have the required age or authority to accept
this Agreement, or if you don’t accept all the terms and
conditions of this Agreement, do not download, install or use
the SDK.
You agree to use the SDK only for purposes that are permitted
by (a) this Agreement, and (b) any applicable law, regulation
or generally accepted practices or guidelines in the relevant
jurisdictions.
1.1. License
1.1.1. License Grant
Subject to the terms of this Agreement, NVIDIA hereby grants
you a non-exclusive, non-transferable license, without the
right to sublicense (except as expressly provided in this
Agreement) to:
1. Install and use the SDK,
2. Modify and create derivative works of sample source code
delivered in the SDK, and
3. Distribute those portions of the SDK that are identified
in this Agreement as distributable, as incorporated in
object code format into a software application that meets
the distribution requirements indicated in this Agreement.
1.1.2. Distribution Requirements
These are the distribution requirements for you to exercise
the distribution grant:
1. Your application must have material additional
functionality, beyond the included portions of the SDK.
2. The distributable portions of the SDK shall only be
accessed by your application.
3. The following notice shall be included in modifications
and derivative works of sample source code distributed:
“This software contains source code provided by NVIDIA
Corporation.”
4. Unless a developer tool is identified in this Agreement
as distributable, it is delivered for your internal use
only.
5. The terms under which you distribute your application
must be consistent with the terms of this Agreement,
including (without limitation) terms relating to the
license grant and license restrictions and protection of
NVIDIA’s intellectual property rights. Additionally, you
agree that you will protect the privacy, security and
legal rights of your application users.
6. You agree to notify NVIDIA in writing of any known or
suspected distribution or use of the SDK not in compliance
with the requirements of this Agreement, and to enforce
the terms of your agreements with respect to distributed
SDK.
1.1.3. Authorized Users
You may allow employees and contractors of your entity or of
your subsidiary(ies) to access and use the SDK from your
secure network to perform work on your behalf.
If you are an academic institution you may allow users
enrolled or employed by the academic institution to access and
use the SDK from your secure network.
You are responsible for the compliance with the terms of this
Agreement by your authorized users. If you become aware that
your authorized users didn’t follow the terms of this
Agreement, you agree to take reasonable steps to resolve the
non-compliance and prevent new occurrences.
1.1.4. Pre-Release SDK
The SDK versions identified as alpha, beta, preview or
otherwise as pre-release, 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 commercial versions of
NVIDIA software and materials. Use of a pre-release SDK may
result in unexpected results, loss of data, project delays or
other unpredictable damage or loss.
You may use a pre-release SDK at your own risk, understanding
that pre-release SDKs are not intended for use in production
or business-critical systems.
NVIDIA may choose not to make available a commercial version
of any pre-release SDK. NVIDIA may also choose to abandon
development and terminate the availability of a pre-release
SDK at any time without liability.
1.1.5. Updates
NVIDIA may, at its option, make available patches, workarounds
or other updates to this SDK. Unless the updates are provided
with their separate governing terms, they are deemed part of
the SDK licensed to you as provided in this Agreement. You
agree that the form and content of the SDK that NVIDIA
provides may change without prior notice to you. While NVIDIA
generally maintains compatibility between versions, NVIDIA may
in some cases make changes that introduce incompatibilities in
future versions of the SDK.
1.1.6. Third Party Licenses
The SDK may come bundled with, or otherwise include or be
distributed with, third party software licensed by a NVIDIA
supplier and/or open source software provided under an open
source license. Use of third party software is subject to the
third-party license terms, or in the absence of third party
terms, the terms of this Agreement. Copyright to third party
software is held by the copyright holders indicated in the
third-party software or license.
1.1.7. Reservation of Rights
NVIDIA reserves all rights, title, and interest in and to the
SDK, not expressly granted to you under this Agreement.
1.2. Limitations
The following license limitations apply to your use of the
SDK:
1. You may not reverse engineer, decompile or disassemble,
or remove copyright or other proprietary notices from any
portion of the SDK or copies of the SDK.
2. Except as expressly provided in this Agreement, you may
not copy, sell, rent, sublicense, transfer, distribute,
modify, or create derivative works of any portion of the
SDK. For clarity, you may not distribute or sublicense the
SDK as a stand-alone product.
3. Unless you have an agreement with NVIDIA for this
purpose, you may not indicate that an application created
with the SDK is sponsored or endorsed by NVIDIA.
4. You may not bypass, disable, or circumvent any
encryption, security, digital rights management or
authentication mechanism in the SDK.
5. You may not use the SDK in any manner that would cause it
to become subject to an open source software license. As
examples, licenses that require as a condition of use,
modification, and/or distribution that the SDK be:
a. Disclosed or distributed in source code form;
b. Licensed for the purpose of making derivative works;
or
c. Redistributable at no charge.
6. Unless you have an agreement with NVIDIA for this
purpose, you may not use the SDK with any system or
application where the use or failure of the system or
application can reasonably be expected to threaten or
result in personal injury, death, or catastrophic loss.
Examples include use in nuclear, avionics, navigation,
military, medical, life support or other life critical
applications. NVIDIA does not design, test or manufacture
the SDK for these critical uses 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 uses.
7. 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 your use of
the SDK outside of the scope of this Agreement, or not in
compliance with its terms.
1.3. Ownership
1. NVIDIA or its licensors hold all rights, title and
interest in and to the SDK and its modifications and
derivative works, including their respective intellectual
property rights, subject to your rights under Section 3.2.
This SDK may include software and materials from
NVIDIA’s licensors, and these licensors are intended
third party beneficiaries that may enforce this Agreement
with respect to their intellectual property rights.
2. You hold all rights, title and interest in and to your
applications and your derivative works of the sample
source code delivered in the SDK, including their
respective intellectual property rights, subject to
NVIDIA’s rights under section 3.1.
3. You may, but don’t have to, provide to NVIDIA
suggestions, feature requests or other feedback regarding
the SDK, including possible enhancements or modifications
to the SDK. 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. NVIDIA is constantly looking for ways to improve
its products, so you may send feedback to NVIDIA through
the developer portal at https://developer.nvidia.com.
1.4. No Warranties
THE SDK IS PROVIDED BY NVIDIA “AS IS” AND “WITH ALL
FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA AND
ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND
OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING,
BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THE
ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO
WARRANTY IS MADE ON THE BASIS OF TRADE USAGE, COURSE OF
DEALING OR COURSE OF TRADE.
1.5. Limitation 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 AGREEMENT OR THE USE OR PERFORMANCE OF THE SDK,
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 AND ITS AFFILIATES
TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THIS
AGREEMENT EXCEED US$10.00. THE NATURE OF THE LIABILITY OR THE
NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR EXTEND THIS
LIMIT.
These exclusions and limitations of liability shall apply
regardless if NVIDIA or its affiliates have been advised of
the possibility of such damages, and regardless of whether a
remedy fails its essential purpose. These exclusions and
limitations of liability form an essential basis of the
bargain between the parties, and, absent any of these
exclusions or limitations of liability, the provisions of this
Agreement, including, without limitation, the economic terms,
would be substantially different.
1.6. Termination
1. This Agreement will continue to apply until terminated by
either you or NVIDIA as described below.
2. If you want to terminate this Agreement, you may do so by
stopping to use the SDK.
3. NVIDIA may, at any time, terminate this Agreement if:
a. (i) you fail to comply with any term of this
Agreement and the non-compliance is not fixed within
thirty (30) days following notice from NVIDIA (or
immediately if you violate NVIDIA’s intellectual
property rights);
b. (ii) you commence or participate in any legal
proceeding against NVIDIA with respect to the SDK; or
c. (iii) NVIDIA decides to no longer provide the SDK in
a country or, in NVIDIA’s sole discretion, the
continued use of it is no longer commercially viable.
4. Upon any termination of this Agreement, you agree to
promptly discontinue use of the SDK and destroy all copies
in your possession or control. Your prior distributions in
accordance with this Agreement are not affected by the
termination of this Agreement. Upon written request, you
will certify in writing that you have complied with your
commitments under this section. Upon any termination of
this Agreement all provisions survive except for the
license grant provisions.
1.7. General
If you wish to assign this Agreement or your rights and
obligations, including by merger, consolidation, dissolution
or operation of law, contact NVIDIA to ask for permission. Any
attempted assignment not approved by NVIDIA in writing shall
be void and of no effect. NVIDIA may assign, delegate or
transfer this Agreement and its rights and obligations, and if
to a non-affiliate you will be notified.
You agree to cooperate with NVIDIA and provide reasonably
requested information to verify your compliance with this
Agreement.
This Agreement will be governed in all respects by the laws of
the United States and of the State of Delaware as those laws
are applied to contracts entered into and performed entirely
within Delaware by Delaware residents, without regard to the
conflicts of laws principles. The United Nations Convention on
Contracts for the International Sale of Goods is specifically
disclaimed. You agree to all terms of this Agreement in the
English language.
The state or federal courts residing in Santa Clara County,
California shall have exclusive jurisdiction over any dispute
or claim arising out of this Agreement. Notwithstanding this,
you agree that NVIDIA shall still be allowed to apply for
injunctive remedies or an equivalent type of urgent legal
relief in any jurisdiction.
If any court of competent jurisdiction determines that any
provision of this Agreement is illegal, invalid or
unenforceable, such provision will be construed as limited to
the extent necessary to be consistent with and fully
enforceable under the law and the remaining provisions will
remain in full force and effect. Unless otherwise specified,
remedies are cumulative.
Each party acknowledges and agrees that the other is an
independent contractor in the performance of this Agreement.
The SDK 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 in
this 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, 2788 San Tomas
Expressway, Santa Clara, CA 95051.
The SDK is subject to United States export laws and
regulations. You agree that you will not ship, transfer or
export the SDK into any country, or use the SDK 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 Agreement, 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 SDK.
Any notice delivered by NVIDIA to you under this Agreement
will be delivered via mail, email or fax. You agree that any
notices that NVIDIA sends you electronically will satisfy any
legal communication requirements. Please direct your legal
notices or other correspondence to NVIDIA Corporation, 2788
San Tomas Expressway, Santa Clara, California 95051, United
States of America, Attention: Legal Department.
This Agreement and any exhibits incorporated into this
Agreement constitute the entire agreement of the parties with
respect to the subject matter of this Agreement and supersede
all prior negotiations or documentation exchanged between the
parties relating to this SDK license. Any additional and/or
conflicting terms on documents issued by you are null, void,
and invalid. Any amendment or waiver under this Agreement
shall be in writing and signed by representatives of both
parties.
1.8. Glossary of Terms
Certain capitalized terms, if not otherwise defined elsewhere
in this SLA, shall have the meanings set forth below:
1.
“Affiliate” 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.
2.
“AGREEMENT” means this SLA and all associated
Supplements entered by the parties referencing this SLA.
3.
“Authorized Users” means your Enterprise individual
employees and any of your Enterprise’s Contractors,
subject to the terms of the “Enterprise and Contractors
Usage” section.
4.
“Confidential Information” 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.
5.
“Contractor” means an individual who works primarily
for your Enterprise on a contractor basis from your secure
network.
6.
“Documentation” 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.
7.
“Enterprise” 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.
8.
“Feedback” means any and all suggestions, feature
requests, comments or other feedback regarding the
Licensed Software, including possible enhancements or
modifications thereto.
9.
“Intellectual Property Rights” 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.
10.
“Licensed Software” means Software, Documentation and
all modifications owned by NVIDIA.
11.
“Open Source License” 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.
12.
“Order” 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.
13.
“Software” means the NVIDIA software programs licensed
to you under the AGREEMENT including, without limitation,
libraries, sample code, utility programs and programming
code.
14.
“Supplement” means the additional terms and conditions
beyond those stated in this SLA that apply to certain
Licensed Software licensed hereunder.
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