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.