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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 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.
EULA (07-22-04)
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