1 <!-- Copyright (c) 2019, NVIDIA CORPORATION. All rights reserved. -->
3 @page nvidia_legal NVIDIA Legal Information
7 ALL NVIDIA DESIGN SPECIFICATIONS, REFERENCE BOARDS, FILES, DRAWINGS,
8 DIAGNOSTICS, LISTS, AND OTHER DOCUMENTS (TOGETHER AND SEPARATELY, "MATERIALS")
9 ARE BEING PROVIDED "AS IS." NVIDIA MAKES NO WARRANTIES, EXPRESS, IMPLIED,
10 STATUTORY, OR OTHERWISE WITH RESPECT TO THE MATERIALS, AND ALL EXPRESS
11 OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
12 WARRANTY OR CONDITION OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS
13 FOR A PARTICULAR PURPOSE AND ON-INFRINGEMENT, ARE HEREBY EXCLUDED TO THE
14 MAXIMUM EXTENT PERMITTED BY LAW.
16 Information furnished is believed to be accurate and reliable. However,
17 NVIDIA Corporation assumes no responsibility for the consequences of use of
18 such information or for any infringement of patents or other rights of third
19 parties that may result from its use. No license is granted by implication or
20 otherwise under any patent or patent rights of NVIDIA Corporation.
21 Specifications mentioned in this publication are subject to change without
22 notice. This publication supersedes and replaces all information previously
23 supplied. NVIDIA Corporation products are not authorized for use as critical
24 components in life support devices or systems without express written
25 approval of NVIDIA Corporation.
29 NVIDIA, the NVIDIA logo, CUDA, DRIVE, Tegra, Xavier, and TensorRT
30 are trademarks or registered
31 trademarks of NVIDIA Corporation in the United States and other countries.
32 Other company and product names may be trademarks of the respective companies
33 with which they are associated.
35 The Android robot is reproduced or modified from work created and shared by Google
36 and used according to terms described in the Creative Commons 3.0 Attribution License.
38 HDMI, the HDMI logo, and High-Definition Multimedia Interface are trademarks
39 or registered trademarks of HDMI Licensing LLC.
41 ARM, AMBA, and ARM Powered are registered trademarks of ARM Limited.
42 Cortex, MPCore and Mali are trademarks of ARM Limited.
43 All other brands or product names are the property of their respective holders.
44 "ARM" is used to represent ARM Holdings plc; its operating company ARM Limited;
45 and the regional subsidiaries ARM Inc.; ARM KK; ARM Korea Limited.; ARM Taiwan Limited;
46 ARM France SAS; ARM Consulting (Shanghai) Co. Ltd.; ARM Germany GmbH;
47 ARM Embedded Technologies Pvt. Ltd.; ARM Norway, AS and ARM Sweden AB.
51 © 2018-2019 by NVIDIA Corporation. All rights reserved
55 ### NVIDIA - End User License Agreement
57 **IMPORTANT NOTICE - PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING
58 THE SOFTWARE. USE OF THIS SOFTWARE IS SUBJECT TO THIS AGREEMENT. YOU
59 WILL BE ASKED TO REVIEW AND EITHER ACCEPT OR NOT ACCEPT THE TERMS OF
62 This NVIDIA - End User License Agreement ("Agreement") is a legal
63 agreement between you ("Licensee" or "You") and NVIDIA Corporation
64 ("NVIDIA") which governs the use of the referenced NVIDIA software and
65 any related documentation provided or otherwise made available to you
66 hereunder ("Software"). By downloading, installing, or otherwise using
67 the Software, you agree to be bound by the terms of this Agreement. If You
68 do not agree to the terms of this Agreement, do not download, install or
69 otherwise use the Software. If You are entering into this Agreement on
70 behalf of a company or other legal entity, You represent that You have
71 the legal authority to bind the entity to this Agreement, in which case
72 "You" will mean the entity You represent.
74 The Software is protected by copyright laws and international copyright
75 treaties, as well as other intellectual property laws and treaties. The
76 Software is not sold, and instead is only licensed for use, strictly in
77 accordance with this document. This Agreement sets forth the terms and
78 conditions of the Software only.
80 #### SECTION 1 - LICENSE
82 1.1 License Grant. Provided that Licensee is in compliance with the
83 terms and conditions of this Agreement, NVIDIA grants to Licensee
84 a nonexclusive, non-transferable, worldwide, revocable, limited,
85 royalty-free, fully paid-up license to the Software, in source code and/or
86 object code form, to: (i) install, use, modify and reproduce the Software,
87 in accordance with the associated documentation, solely within Licensee's
88 Enterprise for Licensee's own internal use. "Enterprise" shall mean
89 individual use by Licensee or any legal entity (such as a corporation
90 or university) and the subsidiaries it owns by more than 50 percent.
91 For the avoidance of doubt, any work performed or produced as a result
92 of use of the Software cannot be performed or produced for the benefit
93 of other parties for a fee, compensation or any other reimbursement
96 1.2 Limitations. Unless otherwise authorized in the Agreement, Licensee
97 shall not otherwise (a) assign, sublicense, lease, or in any other way
98 transfer or disclose Software to any third party; (b) reverse-compile,
99 disassemble, reverse-engineer, or in any manner attempt to derive the
100 source code of the Software from the object code portions of the Software;
101 (c) remove, alter, cover or obscure any proprietary notice that appears
102 on or with the Software or any copies thereof; (d) use the Software or
103 allow its use, transfer, transmission or export in violation of any export
104 control laws or regulations administered by the United States government;
105 (e) distribute or transfer the Software to third parties in any manner;
106 or (f) use the Software in any manner that would cause the Software
107 to become subject to an Open Source License. "Open Source License"
108 includes, without limitation, a software license that requires as a
109 condition of use, modification, and/or distribution of such software
110 that the Software be (i) disclosed or distributed in source code form;
111 (ii) be licensed for the purpose of making derivative works; or (iii)
112 be redistributable at no charge.
114 1.3 No Other License. Except as expressly stated in this Agreement,
115 no license or right is granted to Licensee directly or by implication,
116 inducement, estoppel or otherwise. NVIDIA shall have the right to
117 inspect or have an independent auditor inspect Licensee's relevant
118 records to verify Licensee's compliance with the terms and conditions
121 1.4 \_Third Party Technology\_. Licensee acknowledges and agrees that the
122 Software may include or incorporate third party technology (collectively,
123 "Third Party Components"). If the Software includes or incorporates Third
124 Party Components, then the third-party pass-through terms and conditions
125 ("Third Party Terms") for the particular Third Party Component contained
126 in or included with the Software shall be incorporated by reference
127 into this Agreement. In the event of any conflict between the terms in
128 this Agreement and the Third Party Terms, the Third Party Terms shall
129 govern. Copyright to Third Party Components are held by the copyright
130 holders indicated in the copyright notices indicated in the corresponding
131 Software documentation.
133 #### SECTION 2 - CONFIDENTIALITY
135 2.1 Confidential Information. Licensee acknowledges and agrees that the
136 Software, documentation and other information (if such other information
137 is identified as confidential or should be reasonably recognized as
138 confidential under the circumstances) provided to Licensee by NVIDIA
139 hereunder (collectively, "Confidential Information") constitute the
140 confidential and proprietary information of NVIDIA and that Licensee's
141 protection thereof is an essential condition to Licensee's use and
142 possession of the Software. Licensee shall retain all Confidential
143 Information in strict confidence and not disclose it to any third party
144 or use it in any way except as permitted by this Agreement. Licensee
145 shall exercise at least the same amount of diligence in preserving the
146 secrecy of the Confidential Information as it uses in preserving the
147 secrecy of its own most valuable confidential information, but in no
148 event less than reasonable diligence. Notwithstanding the foregoing,
149 all documents and other tangible objects containing or representing
150 NVIDIA Confidential Information and all copies thereof which are in the
151 possession of Licensee shall be and remain the property of NVIDIA and
152 shall be promptly returned to NVIDIA upon termination of this Agreement.
154 2.2 Contractor. If Licensee wishes to have a third party consultant or
155 subcontractor ("Contractor") perform work on Licensee's behalf which
156 involves access to or use of Software, Licensee shall obtain a written
157 confidentiality agreement from the Contractor which contains terms
158 and obligations with respect to access to or use of Software no less
159 restrictive than those set forth in this Agreement and excluding any
160 distribution or sublicense rights, and use for any other purpose than
161 permitted in this Agreement. Otherwise, Licensee shall not disclose
162 the terms or existence of this Agreement or use NVIDIA's name in any
163 publications, advertisements, or other announcements without NVIDIA's
164 prior written consent. Unless otherwise provided in this Agreement,
165 Licensee does not have any rights to use any NVIDIA trademarks or logos.
167 #### SECTION 3 - OWNERSHIP OF SOFTWARE AND INTELLECTUAL PROPERTY RIGHTS
169 3.1 Ownership. All rights, title and interest to all copies of
170 the Software remain with NVIDIA, subsidiaries, licensors, or its
171 suppliers. The Software is copyrighted and protected by the laws of the
172 United States and other countries, and international treaty provisions.
173 Licensee may not remove any copyright notices from the Software. NVIDIA
174 may make changes to the Software, or to items referenced therein, at
175 any time and without notice, but is not obligated to support or update
176 the Software. Except as otherwise expressly provided, NVIDIA grants no
177 express or implied right under any NVIDIA patents, copyrights, trademarks,
178 or other intellectual property rights.
180 RESTRICTED RIGHTS NOTICE. Software has been developed entirely at
181 private expense and is commercial computer software provided with
182 RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government
183 or a U.S. Government subcontractor is subject to the restrictions set
184 forth in the Agreement under which Software was obtained pursuant to
185 DFARS 227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2)
186 of the Commercial Computer Software - Restricted Rights clause at FAR
187 52.227-19, as applicable. Contractor/manufacturer is NVIDIA, 2701 San
188 Tomas Expressway, Santa Clara, CA 95050.
190 3.2 Feedback. Licensee has no obligation to give NVIDIA any suggestions,
191 comments or other feedback ("Feedback") relating to the Software. However,
192 NVIDIA may use and include any Feedback that Licensee voluntarily provides
193 to improve the Software or other related NVIDIA technologies. Accordingly,
194 if Licensee provides Feedback, Licensee agrees NVIDIA and its
195 licensees may freely use, reproduce, license, distribute, and otherwise
196 commercialize the Feedback in the Software or other related technologies
197 without the payment of any royalties or fees. Further, NVIDIA is entitled
198 to use any information provided by Customer in connection with Feedback
199 for any purpose, including in any NVIDIA products. All Feedback becomes
200 the sole property of NVIDIA and may be used in any manner NVIDIA sees fit,
201 and Customer hereby assigns to NVIDIA all of its right, title and interest
202 in any Feedback. NVIDIA has no obligation to respond to Feedback or to
203 incorporate Feedback into the Software or Documentation.
205 #### SECTION 4 - NO WARRANTIES
207 THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY
208 OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT,
209 OR FITNESS FOR A PARTICULAR PURPOSE. NVIDIA DOES NOT REPRESENT OR WARRANT
210 THAT THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENT OR THAT THE OPERATION
211 OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
213 #### SECTION 5 - LIMITATION OF LIABILITY
215 IN NO EVENT SHALL NVIDIA, ITS SUBSIDIARIES, LICENSORS, OR SUPPLIERS BE
216 LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
217 DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS
218 OF DATA, BUSINESS INTERUPTION OR LOST PROFITS) IN CONNECTION WITH THIS
219 AGREEMENT OR ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE,
220 EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
221 JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED
222 WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION
223 MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM
224 JURISDICTION TO JURISDICTION. IN NO EVENT SHALL WILL NVIDIA'S AGGREGATE
225 LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED ONE HUNDRED UNITED STATES
226 DOLLARS (USD$100). THE LICENSEE IS SOLELY RESPONSIBLE FOR THE PROTECTION
227 AND BACK-UP OF ALL DATA AND SOFTWARE.
229 #### SECTION 6 - TERM AND TERMINATION
231 6.1 Term. This Agreement is effective from the date you click "Accept"
232 and shall continue in effect until terminated by NVIDIA in accordance
233 with Section 6.2 (Termination).
235 6.2 Termination. In the event of actual or threatened breach of this
236 Agreement by Licensee, NVIDIA may terminate this Agreement and the
237 licenses granted hereunder, in addition to any other remedies it may
238 have. If Licensee commences or participates in any legal proceeding
239 against NVIDIA, then NVIDIA may, in its sole discretion, suspend or
240 terminate all license grants and any other rights provided under this
241 Agreement. Upon termination, Licensee shall immediately cease using and
242 immediately return all copies of the Software to NVIDIA, or destroy
243 the Software and certify to NVIDIA in writing that such actions have
246 6.3 Survival. Those provisions in this Agreement, which by their nature
247 need to survive the termination or expiration of this Agreement, shall
248 survive termination or expiration of the Agreement, including but not
249 limited to Sections 2, 3, 4, 5, 6.2, 6.3, and 7.
251 #### SECTION 7 - MISCELLANEOUS
253 This Agreement shall be deemed to have been made in, and shall be
254 construed pursuant to, the laws of the State of Delaware. The state
255 and/or federal courts residing in Santa Clara County, California shall
256 have exclusive jurisdiction over any dispute or claim arising out of this
257 Agreement. This Agreement is the final, complete and exclusive agreement
258 between the parties relating to the subject matter hereof, and supersedes
259 all prior or contemporaneous understandings and agreements relating to
260 such subject matter, whether oral or written. If any provision of this
261 Agreement is inconsistent with, or cannot be fully enforced under,
262 the law, such provision will be construed as limited to the extent
263 necessary to be consistent with and fully enforceable under the law.
264 This Agreement, and Licensee's rights and obligations herein, may not be
265 assigned, subcontracted, delegated, or otherwise transferred by Licensee
266 without NVIDIA's prior written consent, and any attempted assignment,
267 subcontract, delegation, or transfer in violation of the foregoing will
268 be null and void. The terms of this Agreement shall be binding upon
269 permitted assignees. The Parties acknowledge that they are independent
270 contractors and no other relationship, including partnership, joint
271 venture, employment, franchise, master/servant or principal/agent, is
272 intended by this Agreement. Neither Party shall have the right to bind or
273 obligate the other. Failure by either Party to enforce any provision of
274 this Agreement will not be deemed a waiver of future enforcement of that
275 or any other provision. Licensee shall not ship, transfer or export the
276 Software into any country, or use the Software in any manner, prohibited
277 by the United States Bureau of Industry and Security or any export laws,
278 restrictions or regulations.