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License from NVIDIA

Bug: 4295425
Change-Id: I85820623f7eaf046ae567e78a631a237cb2704d1
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commit 662dfe0e76c50442c03cad720c77a3b547fe1cab 1 parent 90ab7c0
Jean-Baptiste Queru authored
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  1. +1 −1  self-extractors/nvidia/COPYRIGHT
  2. +218 −1 self-extractors/nvidia/LICENSE
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2  self-extractors/nvidia/COPYRIGHT
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-# (C) NVIDIA. All Rights Reserved.
+# (C) NVIDIA Corporation
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219 self-extractors/nvidia/LICENSE
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-NVIDIA LICENSE GOES HERE
+THIS DEVELOPER SOFTWARE LICENSE AGREEMENT (THE "AGREEMENT") IS A LEGALLY
+BINDING AGREEMENT BETWEEN NVIDIA CORPORATION ("LICENSOR") AND
+YOU OR THE LEGAL ENTITY YOU REPRESENT ("You" or its possessive, "Your"). BY
+TYPING "I ACCEPT" WHERE INDICATED YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
+AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF
+YOU DO NOT AGREE TO THESE TERMS YOU MUST DISCONTINUE THE INSTALLATION PROCESS
+AND YOU SHALL NOT USE THE SOFTWARE OR RETAIN ANY COPIES OF THE SOFTWARE OR
+DOCUMENTATION. ANY USE OR POSSESSION OF THE SOFTWARE BY YOU IS SUBJECT TO THE
+TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF THE SOFTWARE IS INSTALLED
+ON A COMPUTER OWNED BY A CORPORATION OR OTHER LEGAL ENTITY, THEN YOU REPRESENT
+AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THE TERMS AND
+CONDITIONS OF THIS AGREEMENT.
+
+ 1. Special Definitions
+
+ a. The term "Android" means the open source mobile platform, software
+ stack, operating system, middleware, application programming
+ interfaces and mobile applications under the trade-name "Android"
+ distributed at Android.com.
+
+ b. The term "Android Applications" means a software application or
+ open-source contribution developed by You, designed to operate with
+ Android that does not contain or incorporate any of the Software.
+
+ c. The term "Authorized Android Enabled Device" means only the device
+ identified on the site from which You downloaded the Software.
+ The term "Software" means the Licensor's proprietary software and
+ libraries in object code form, designed for use on the Authorized
+ Android Enabled Device.
+
+ d. The term "Authorized Android Enabled Device Software" means a
+ packaged build for Authorized Android Enabled Devices, consisting of
+ files suitable for installation on an Authorized Android Enabled
+ Device using a mechanism such as fastboot mode or recovery mode.
+
+ 2. License Grant
+
+ a. Subject to the terms of this Agreement, Licensor hereby grants to
+ You, free of charge, a non-exclusive, non-sublicensable,
+ non-transferable, limited license, during the term of this Agreement,
+ to download, install and use the Software internally in
+ machine-readable (i.e., object code) form and the Documentation for
+ non-commercial use on an Authorized Android Enabled Device and
+ non-commercial redistribution of the Authorized Android Enabled
+ Device Software (the "Limited Purpose"). You may grant your end users
+ the right to use the Software for the Limited Purpose. The license to
+ the Software granted to You hereunder is solely for the Limited
+ Purpose set forth in this section, and the Software shall not be used
+ for any other purpose.
+
+ 3. Restrictions
+
+ a. Retention of Rights. The entire right, title and interest in the
+ Software shall remain with Licensor and, unless specified in writing
+ hereunder, no rights are granted to any of the Software. Except for
+ the right to use the Software for the Limited Purpose, the delivery
+ of the Software to You does not convey to You any intellectual
+ property rights in the Software, including, but not limited to any
+ rights under any patent, trademark, copyright, or trade secret.
+ Neither the delivery of the Software to You nor any terms set forth
+ herein shall be construed to grant to You, either expressly, by
+ implication or by way of estoppel, any license under any patents or
+ other intellectual property rights covering or relating to any other
+ product or invention or any combination of the Software with any
+ other product. Any rights not expressly granted to You herein are
+ reserved by Licensor.
+
+ b. No Commercialization or Distribution of the Software and
+ Documentation. Except as expressly provided in Section 2 of this
+ Agreement, You shall have no right to (i) copy, disclose, distribute,
+ publically perform, publically display, transfer, alter, modify,
+ translate, disassemble, decompile, reverse engineer, or adapt the
+ Software and Documentation, or any portion thereof, or create any
+ derivative works based thereon; (ii) rent, lease, assign, sublicense,
+ resell, disclose or otherwise transfer the Software and Documentation
+ in whole or in part to any third party (iii) use the Software and
+ Documentation except for the Limited Purpose, (iv) remove or alter
+ any of the copyright or proprietary notices contained in any of the
+ Software and Documentation. For the purposes of clarity, nothing in
+ this Agreement prohibits You from making and distributing Android
+ Applications under commercial or non-commercial terms, provided that
+ You shall not contain, incorporate, and/or compile the Software or
+ any of its derivative works, in whole or in part, into Your Android
+ Applications and/or any software/devices created by You or by third
+ parties acting on Your behalf. You and any such third party shall
+ comply with all of the terms and conditions of this Agreement.
+
+ c. No Reverse Engineering. Except for any portions of the Software
+ provided to You in source code format and except for any third party
+ code distributed with the Software that is licensed under contrary
+ terms, You will not reverse engineer, disassemble,
+ decompile, or translate the Software, or otherwise attempt to derive
+ the source code version of the Software, except if and to the extent
+ expressly permitted under any applicable law.
+
+ d. Third Party Software. You agree that Android may contain third party
+ software. You agree that you may not distribute such third party
+ software for any purpose without appropriate licenses from the
+ applicable third party or parties.
+
+ e. No Transfer or Assignment. You shall not assign any of its rights or
+ obligations under this Agreement. Any attempted assignment in
+ contravention of this Section shall be void.
+
+ 4. Indemnity
+
+ a. You agree to indemnify and hold harmless Licensor and its officers,
+ directors, customers, employees and successors and assigns (each an
+ "Indemnified Party") against any and all claims, demands, causes of
+ action, losses, liabilities, damages, costs and expenses, incurred by
+ the Indemnified Party (including but not limited to costs of defense,
+ investigation and reasonable attorney's fees) arising out of,
+ resulting from or related to (i) any software, products,
+ documentation, content, materials or derivative works created or
+ developed by You using the Software which causes an infringement of
+ any patent, copyright, trademark, trade secret, or other property,
+ publicity or privacy rights of any third parties arising in any
+ jurisdiction anywhere in the world, (ii) the download, distribution,
+ installation, storage, execution, use or transfer of such software,
+ products, documentation, content, materials or derivative works by
+ any person or entity, and/or (iii) any breach of this Agreement by
+ You. If requested by an Indemnified Party, You agree to defend such
+ Indemnified Party in connection with any third party claims, demands,
+ or causes of action resulting from, arising out of or in connection
+ with any of the foregoing.
+
+ 5. Limitation of Liability
+
+ a. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO
+ CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL
+ LICENSOR, ITS AFFILIATES AND/OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR
+ AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
+ CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS
+ OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
+ INFORMATION AND THE LIKE) ARISING OUT OF OR IN CONNECTION WITH THE
+ SOFTWARE OR ANY DOWNLOAD, INSTALLATION OR USE OF, OR INABILITY TO
+ USE, THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE
+ POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
+ LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
+ DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY OR MAY BE
+ LIMITED. IN NO EVENT SHALL LICENSOR'S TOTAL AGGREGATE LIABILITY TO
+ YOU FOR ANY AND ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTIONS
+ (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, INDEMNIFICATION OR
+ OTHERWISE) EXCEED ONE HUNDRED U.S. DOLLARS (US$100). THE LIMITATIONS
+ SET FORTH IN THIS PARAGRAPH SHALL BE DEEMED TO APPLY TO THE MAXIMUM
+ EXTENT PERMITTED BY APPLICABLE LAW. THE PARTIES HAVE FULLY CONSIDERED
+ THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE
+ FOREGOING LIMITATIONS IN THIS PARAGRAPH ARE AN ESSENTIAL BASIS OF
+ THE BARGAIN BETWEEN THE PARTIES.
+
+ 6. No Warranty
+
+ a. LICENSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE
+ SOFTWARE AND DOCUMENTATION PROVIDED UNDER THIS AGREEMENT, INCLUDING
+ BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
+ PARTICULAR PURPOSE OR AGAINST INFRINGEMENT, OR ANY EXPRESS OR IMPLIED
+ WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR
+ COURSE OF PERFORMANCE. NOTHING CONTAINED IN THIS AGREEMENT SHALL BE
+ CONSTRUED AS A WARRANTY OR REPRESENTATION BY LICENSOR (I) AS TO THE
+ VALIDITY OR SCOPE OF ANY PATENT, COPYRIGHT OR OTHER INTELLECTUAL
+ PROPERTY RIGHT AND (II) THAT ANY MANUFACTURE OR USE WILL BE FREE FROM
+ INFRINGEMENT OF PATENTS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY
+ RIGHTS OF OTHERS, AND IT SHALL BE THE SOLE RESPONSIBILITY OF YOU TO
+ MAKE SUCH DETERMINATION AS IS NECESSARY WITH RESPECT TO THE
+ ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY
+ OF THIRD PARTIES. LICENSOR SHALL NOT HAVE ANY OBLIGATION TO PROVIDE
+ ANY TECHNICAL SUPPORT OF THE SOFTWARE UNDER THIS AGREEMENT.
+
+ 7. Term and Termination
+
+ a. This Agreement shall be effective on the date You accept this
+ Agreement and shall remain in effect until terminated as provided
+ herein. You may terminate the Agreement at any time by deleting and
+ destroying all copies of the Software and all related information in
+ Your possession or control. This Agreement terminates immediately and
+ automatically, with or without notice, if You fail to comply with any
+ provision hereof. Additionally, Licensor may at any time terminate
+ this Agreement, without cause, upon notice to You. Upon termination
+ You must delete or destroy all copies of the Software in Your
+ possession, and the license granted to You in this Agreement shall
+ terminate. Sections 3, 4, 5, 6 and 8 shall survive the termination of
+ this Agreement.
+
+ 8. Miscellaneous
+
+ a. Governing Law. This Agreement is governed and interpreted in
+ accordance with the laws of the State of California without giving
+ effect to its conflict of laws provisions. The United Nations
+ Convention on Contracts for the International Sale of Goods is
+ expressly disclaimed and shall not apply. Any claim arising out of or
+ related to this Agreement must be brought exclusively in a federal or
+ state court located in Santa Clara County, California and You consent
+ to the jurisdiction and venue of such courts.
+
+ b. Waiver and Severability. The failure of either party to require
+ performance by the other party of any provision of this Agreement
+ shall not affect the full right to require such performance at any
+ time thereafter; nor shall the waiver by either party of a breach of
+ any provision of this Agreement be taken or held to be a waiver of
+ the provision itself. Severability. If any provision of this
+ Agreement is unenforceable or invalid under any applicable law or is
+ so held by applicable court decision, such unenforceability or
+ invalidity shall not render this Agreement unenforceable or invalid
+ as a whole, and such provision shall be changed and interpreted so as
+ to best accomplish the objectives of such unenforceable or invalid
+ provision within the limits of applicable law or applicable court
+ decisions.
+
+ c. Amendment and Modification. This Agreement and any of its terms and
+ provisions may only be amended, modified, supplemented or waived in a
+ writing signed by both parties hereto.
+
+ d. Compliance with Laws. You shall comply with all applicable laws,
+ rules, and regulations in connection with its activities under this
+ Agreement.
+
+ e. Entire Agreement. This Agreement completely and exclusively states
+ the agreement between You and Licensor regarding this subject matter.
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