1 License For Customer Use of NVIDIA Software
4 IMPORTANT NOTICE -- READ CAREFULLY: This License For Customer Use of
5 NVIDIA Software ("LICENSE") is the agreement which governs use of the
6 software of NVIDIA Corporation and its subsidiaries ("NVIDIA") downloadable
7 herefrom, including computer software and associated printed materials
8 ("SOFTWARE"). By downloading, installing, copying, or otherwise using the
9 SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not
10 agree to the terms of this LICENSE, do not download the SOFTWARE.
14 Use of NVIDIA's products requires three elements: the SOFTWARE, the
15 hardware on a graphics controller board, and a personal computer. The
16 SOFTWARE is protected by copyright laws and international copyright treaties,
17 as well as other intellectual property laws and treaties. The SOFTWARE is not
18 sold, and instead is only licensed for use, strictly in accordance with this
19 document. The hardware is protected by various patents, and is sold, but this
20 agreement does not cover that sale, since it may not necessarily be sold as a
21 package with the SOFTWARE. This agreement sets forth the terms and conditions
22 of the SOFTWARE LICENSE only.
26 1.1 Customer. Customer means the entity or individual that downloads the
31 2.1 Rights and Limitations of Grant. NVIDIA hereby grants Customer the
32 following non-exclusive, non-transferable right to use the SOFTWARE, with the
33 following limitations:
35 2.1.1 Rights. Customer may install and use one copy of the SOFTWARE on a
36 single computer, and except for making one back-up copy of the Software, may
37 not otherwise copy the SOFTWARE. This LICENSE of SOFTWARE may not be shared
38 or used concurrently on different computers.
40 2.1.2 Linux/FreeBSD Exception. Notwithstanding the foregoing terms of
41 Section 2.1.1, SOFTWARE designed exclusively for use on the Linux or
42 FreeBSD operating systems, or other operating systems derived from the
43 source code to these operating systems, may be copied and redistributed,
44 provided that the binary files thereof are not modified in any way
45 (except for unzipping of compressed files).
49 No Reverse Engineering. Customer may not reverse engineer, decompile, or
50 disassemble the SOFTWARE, nor attempt in any other manner to obtain the
53 No Separation of Components. The SOFTWARE is licensed as a single product.
54 Its component parts may not be separated for use on more than one computer,
55 nor otherwise used separately from the other parts.
57 No Rental. Customer may not rent or lease the SOFTWARE to someone else.
61 This LICENSE will automatically terminate if Customer fails to comply with
62 any of the terms and conditions hereof. In such event, Customer must
63 destroy all copies of the SOFTWARE and all of its component parts.
65 Defensive Suspension. If Customer commences or participates in any
66 legal proceeding against NVIDIA, then NVIDIA may, in its sole
67 discretion, suspend or terminate all license grants and any other rights
68 provided under this LICENSE during the pendency of such legal
73 All title and copyrights in and to the SOFTWARE (including but not limited to
74 all images, photographs, animations, video, audio, music, text, and other
75 information incorporated into the SOFTWARE), the accompanying printed
76 materials, and any copies of the SOFTWARE, are owned by NVIDIA, or its
77 suppliers. The SOFTWARE is protected by copyright laws and international
78 treaty provisions. Accordingly, Customer is required to treat the SOFTWARE
79 like any other copyrighted material, except as otherwise allowed pursuant to
80 this LICENSE and that it may make one copy of the SOFTWARE solely for backup
85 This agreement shall be deemed to have been made in, and shall be construed
86 pursuant to, the laws of the State of California. The United
87 Nations Convention on Contracts for the International Sale of Goods is
88 specifically disclaimed.
90 6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
92 6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
93 LAW, THE SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS
94 DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
95 NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
96 FOR A PARTICULAR PURPOSE.
98 6.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT
99 PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NVIDIA OR ITS SUPPLIERS
100 BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
101 DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
102 OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
103 OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY
104 TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY
109 The United Nations Convention on Contracts for the International Sale of Goods
110 is specifically disclaimed. If any provision of this LICENSE is inconsistent
111 with, or cannot be fully enforced under, the law, such provision will be
112 construed as limited to the extent necessary to be consistent with and fully
113 enforceable under the law. This agreement is the final, complete and
114 exclusive agreement between the parties relating to the subject matter hereof,
115 and supersedes all prior or contemporaneous understandings and agreements
116 relating to such subject matter, whether oral or written. Customer agrees
117 that it will not ship, transfer or export the SOFTWARE into any country, or
118 use the SOFTWARE in any manner, prohibited by the United States Bureau of
119 Export Administration or any export laws, restrictions or regulations. This
120 LICENSE may only be modified in writing signed by an authorized officer of