Atlas - cuda_license.txt
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LICENSE AGREEMENT FOR NVIDIA SOFTWARE DEVELOPMENT KITS 2--------------------------------------------------------- 3 4 5Release Date: July 26, 2018 6--------------------------- 7 8 9IMPORTANT NOTICE—READ BEFORE DOWNLOADING, INSTALLING, 10COPYING OR USING THE LICENSED SOFTWARE: 11------------------------------------------------------- 12 13This license agreement, including exhibits attached 14("Agreement”) is a legal agreement between you and NVIDIA 15Corporation ("NVIDIA") and governs your use of a NVIDIA 16software development kit (“SDK”). 17 18Each SDK has its own set of software and materials, but here 19is a description of the types of items that may be included in 20a SDK: source code, header files, APIs, data sets and assets 21(examples include images, textures, models, scenes, videos, 22native API input/output files), binary software, sample code, 23libraries, utility programs, programming code and 24documentation. 25 26This Agreement can be accepted only by an adult of legal age 27of majority in the country in which the SDK is used. 28 29If you are entering into this Agreement on behalf of a company 30or other legal entity, you represent that you have the legal 31authority to bind the entity to this Agreement, in which case 32“you” will mean the entity you represent. 33 34If you don’t have the required age or authority to accept 35this Agreement, or if you don’t accept all the terms and 36conditions of this Agreement, do not download, install or use 37the SDK. 38 39You agree to use the SDK only for purposes that are permitted 40by (a) this Agreement, and (b) any applicable law, regulation 41or generally accepted practices or guidelines in the relevant 42jurisdictions. 43 44 451.1. License 46 47 481.1.1. License Grant 49 50Subject to the terms of this Agreement, NVIDIA hereby grants 51you a non-exclusive, non-transferable license, without the 52right to sublicense (except as expressly provided in this 53Agreement) to: 54 55 1. Install and use the SDK, 56 57 2. Modify and create derivative works of sample source code 58 delivered in the SDK, and 59 60 3. Distribute those portions of the SDK that are identified 61 in this Agreement as distributable, as incorporated in 62 object code format into a software application that meets 63 the distribution requirements indicated in this Agreement. 64 65 661.1.2. Distribution Requirements 67 68These are the distribution requirements for you to exercise 69the distribution grant: 70 71 1. Your application must have material additional 72 functionality, beyond the included portions of the SDK. 73 74 2. The distributable portions of the SDK shall only be 75 accessed by your application. 76 77 3. The following notice shall be included in modifications 78 and derivative works of sample source code distributed: 79 “This software contains source code provided by NVIDIA 80 Corporation.” 81 82 4. Unless a developer tool is identified in this Agreement 83 as distributable, it is delivered for your internal use 84 only. 85 86 5. The terms under which you distribute your application 87 must be consistent with the terms of this Agreement, 88 including (without limitation) terms relating to the 89 license grant and license restrictions and protection of 90 NVIDIA’s intellectual property rights. Additionally, you 91 agree that you will protect the privacy, security and 92 legal rights of your application users. 93 94 6. You agree to notify NVIDIA in writing of any known or 95 suspected distribution or use of the SDK not in compliance 96 with the requirements of this Agreement, and to enforce 97 the terms of your agreements with respect to distributed 98 SDK. 99 100 1011.1.3. Authorized Users 102 103You may allow employees and contractors of your entity or of 104your subsidiary(ies) to access and use the SDK from your 105secure network to perform work on your behalf. 106 107If you are an academic institution you may allow users 108enrolled or employed by the academic institution to access and 109use the SDK from your secure network. 110 111You are responsible for the compliance with the terms of this 112Agreement by your authorized users. If you become aware that 113your authorized users didn’t follow the terms of this 114Agreement, you agree to take reasonable steps to resolve the 115non-compliance and prevent new occurrences. 116 117 1181.1.4. Pre-Release SDK 119 120The SDK versions identified as alpha, beta, preview or 121otherwise as pre-release, may not be fully functional, may 122contain errors or design flaws, and may have reduced or 123different security, privacy, accessibility, availability, and 124reliability standards relative to commercial versions of 125NVIDIA software and materials. Use of a pre-release SDK may 126result in unexpected results, loss of data, project delays or 127other unpredictable damage or loss. 128 129You may use a pre-release SDK at your own risk, understanding 130that pre-release SDKs are not intended for use in production 131or business-critical systems. 132 133NVIDIA may choose not to make available a commercial version 134of any pre-release SDK. NVIDIA may also choose to abandon 135development and terminate the availability of a pre-release 136SDK at any time without liability. 137 138 1391.1.5. Updates 140 141NVIDIA may, at its option, make available patches, workarounds 142or other updates to this SDK. Unless the updates are provided 143with their separate governing terms, they are deemed part of 144the SDK licensed to you as provided in this Agreement. You 145agree that the form and content of the SDK that NVIDIA 146provides may change without prior notice to you. While NVIDIA 147generally maintains compatibility between versions, NVIDIA may 148in some cases make changes that introduce incompatibilities in 149future versions of the SDK. 150 151 1521.1.6. Third Party Licenses 153 154The SDK may come bundled with, or otherwise include or be 155distributed with, third party software licensed by a NVIDIA 156supplier and/or open source software provided under an open 157source license. Use of third party software is subject to the 158third-party license terms, or in the absence of third party 159terms, the terms of this Agreement. Copyright to third party 160software is held by the copyright holders indicated in the 161third-party software or license. 162 163 1641.1.7. Reservation of Rights 165 166NVIDIA reserves all rights, title, and interest in and to the 167SDK, not expressly granted to you under this Agreement. 168 169 1701.2. Limitations 171 172The following license limitations apply to your use of the 173SDK: 174 175 1. You may not reverse engineer, decompile or disassemble, 176 or remove copyright or other proprietary notices from any 177 portion of the SDK or copies of the SDK. 178 179 2. Except as expressly provided in this Agreement, you may 180 not copy, sell, rent, sublicense, transfer, distribute, 181 modify, or create derivative works of any portion of the 182 SDK. For clarity, you may not distribute or sublicense the 183 SDK as a stand-alone product. 184 185 3. Unless you have an agreement with NVIDIA for this 186 purpose, you may not indicate that an application created 187 with the SDK is sponsored or endorsed by NVIDIA. 188 189 4. You may not bypass, disable, or circumvent any 190 encryption, security, digital rights management or 191 authentication mechanism in the SDK. 192 193 5. You may not use the SDK in any manner that would cause it 194 to become subject to an open source software license. As 195 examples, licenses that require as a condition of use, 196 modification, and/or distribution that the SDK be: 197 198 a. Disclosed or distributed in source code form; 199 200 b. Licensed for the purpose of making derivative works; 201 or 202 203 c. Redistributable at no charge. 204 205 6. Unless you have an agreement with NVIDIA for this 206 purpose, you may not use the SDK with any system or 207 application where the use or failure of the system or 208 application can reasonably be expected to threaten or 209 result in personal injury, death, or catastrophic loss. 210 Examples include use in nuclear, avionics, navigation, 211 military, medical, life support or other life critical 212 applications. NVIDIA does not design, test or manufacture 213 the SDK for these critical uses and NVIDIA shall not be 214 liable to you or any third party, in whole or in part, for 215 any claims or damages arising from such uses. 216 217 7. You agree to defend, indemnify and hold harmless NVIDIA 218 and its affiliates, and their respective employees, 219 contractors, agents, officers and directors, from and 220 against any and all claims, damages, obligations, losses, 221 liabilities, costs or debt, fines, restitutions and 222 expenses (including but not limited to attorney’s fees 223 and costs incident to establishing the right of 224 indemnification) arising out of or related to your use of 225 the SDK outside of the scope of this Agreement, or not in 226 compliance with its terms. 227 228 2291.3. Ownership 230 231 1. NVIDIA or its licensors hold all rights, title and 232 interest in and to the SDK and its modifications and 233 derivative works, including their respective intellectual 234 property rights, subject to your rights under Section 3.2. 235 This SDK may include software and materials from 236 NVIDIA’s licensors, and these licensors are intended 237 third party beneficiaries that may enforce this Agreement 238 with respect to their intellectual property rights. 239 240 2. You hold all rights, title and interest in and to your 241 applications and your derivative works of the sample 242 source code delivered in the SDK, including their 243 respective intellectual property rights, subject to 244 NVIDIA’s rights under section 3.1. 245 246 3. You may, but don’t have to, provide to NVIDIA 247 suggestions, feature requests or other feedback regarding 248 the SDK, including possible enhancements or modifications 249 to the SDK. For any feedback that you voluntarily provide, 250 you hereby grant NVIDIA and its affiliates a perpetual, 251 non-exclusive, worldwide, irrevocable license to use, 252 reproduce, modify, license, sublicense (through multiple 253 tiers of sublicensees), and distribute (through multiple 254 tiers of distributors) it without the payment of any 255 royalties or fees to you. NVIDIA will use feedback at its 256 choice. NVIDIA is constantly looking for ways to improve 257 its products, so you may send feedback to NVIDIA through 258 the developer portal at https://developer.nvidia.com. 259 260 2611.4. No Warranties 262 263THE SDK IS PROVIDED BY NVIDIA “AS IS” AND “WITH ALL 264FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA AND 265ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND 266OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, 267BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS 268FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THE 269ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO 270WARRANTY IS MADE ON THE BASIS OF TRADE USAGE, COURSE OF 271DEALING OR COURSE OF TRADE. 272 273 2741.5. Limitation of Liability 275 276TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA AND ITS 277AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, 278PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS, LOSS 279OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COSTS OF 280PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION 281WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SDK, 282WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH 283OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), 284PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF 285LIABILITY. IN NO EVENT WILL NVIDIA’S AND ITS AFFILIATES 286TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THIS 287AGREEMENT EXCEED US$10.00. THE NATURE OF THE LIABILITY OR THE 288NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR EXTEND THIS 289LIMIT. 290 291These exclusions and limitations of liability shall apply 292regardless if NVIDIA or its affiliates have been advised of 293the possibility of such damages, and regardless of whether a 294remedy fails its essential purpose. These exclusions and 295limitations of liability form an essential basis of the 296bargain between the parties, and, absent any of these 297exclusions or limitations of liability, the provisions of this 298Agreement, including, without limitation, the economic terms, 299would be substantially different. 300 301 3021.6. Termination 303 304 1. This Agreement will continue to apply until terminated by 305 either you or NVIDIA as described below. 306 307 2. If you want to terminate this Agreement, you may do so by 308 stopping to use the SDK. 309 310 3. NVIDIA may, at any time, terminate this Agreement if: 311 312 a. (i) you fail to comply with any term of this 313 Agreement and the non-compliance is not fixed within 314 thirty (30) days following notice from NVIDIA (or 315 immediately if you violate NVIDIA’s intellectual 316 property rights); 317 318 b. (ii) you commence or participate in any legal 319 proceeding against NVIDIA with respect to the SDK; or 320 321 c. (iii) NVIDIA decides to no longer provide the SDK in 322 a country or, in NVIDIA’s sole discretion, the 323 continued use of it is no longer commercially viable. 324 325 4. Upon any termination of this Agreement, you agree to 326 promptly discontinue use of the SDK and destroy all copies 327 in your possession or control. Your prior distributions in 328 accordance with this Agreement are not affected by the 329 termination of this Agreement. Upon written request, you 330 will certify in writing that you have complied with your 331 commitments under this section. Upon any termination of 332 this Agreement all provisions survive except for the 333 license grant provisions. 334 335 3361.7. General 337 338If you wish to assign this Agreement or your rights and 339obligations, including by merger, consolidation, dissolution 340or operation of law, contact NVIDIA to ask for permission. Any 341attempted assignment not approved by NVIDIA in writing shall 342be void and of no effect. NVIDIA may assign, delegate or 343transfer this Agreement and its rights and obligations, and if 344to a non-affiliate you will be notified. 345 346You agree to cooperate with NVIDIA and provide reasonably 347requested information to verify your compliance with this 348Agreement. 349 350This Agreement will be governed in all respects by the laws of 351the United States and of the State of Delaware as those laws 352are applied to contracts entered into and performed entirely 353within Delaware by Delaware residents, without regard to the 354conflicts of laws principles. The United Nations Convention on 355Contracts for the International Sale of Goods is specifically 356disclaimed. You agree to all terms of this Agreement in the 357English language. 358 359The state or federal courts residing in Santa Clara County, 360California shall have exclusive jurisdiction over any dispute 361or claim arising out of this Agreement. Notwithstanding this, 362you agree that NVIDIA shall still be allowed to apply for 363injunctive remedies or an equivalent type of urgent legal 364relief in any jurisdiction. 365 366If any court of competent jurisdiction determines that any 367provision of this Agreement is illegal, invalid or 368unenforceable, such provision will be construed as limited to 369the extent necessary to be consistent with and fully 370enforceable under the law and the remaining provisions will 371remain in full force and effect. Unless otherwise specified, 372remedies are cumulative. 373 374Each party acknowledges and agrees that the other is an 375independent contractor in the performance of this Agreement. 376 377The SDK has been developed entirely at private expense and is 378“commercial items” consisting of “commercial computer 379software” and “commercial computer software 380documentation” provided with RESTRICTED RIGHTS. Use, 381duplication or disclosure by the U.S. Government or a U.S. 382Government subcontractor is subject to the restrictions in 383this Agreement pursuant to DFARS 227.7202-3(a) or as set forth 384in subparagraphs (c)(1) and (2) of the Commercial Computer 385Software - Restricted Rights clause at FAR 52.227-19, as 386applicable. Contractor/manufacturer is NVIDIA, 2788 San Tomas 387Expressway, Santa Clara, CA 95051. 388 389The SDK is subject to United States export laws and 390regulations. You agree that you will not ship, transfer or 391export the SDK into any country, or use the SDK in any manner, 392prohibited by the United States Bureau of Industry and 393Security or economic sanctions regulations administered by the 394U.S. Department of Treasury’s Office of Foreign Assets 395Control (OFAC), or any applicable export laws, restrictions or 396regulations. These laws include restrictions on destinations, 397end users and end use. By accepting this Agreement, you 398confirm that you are not a resident or citizen of any country 399currently embargoed by the U.S. and that you are not otherwise 400prohibited from receiving the SDK. 401 402Any notice delivered by NVIDIA to you under this Agreement 403will be delivered via mail, email or fax. You agree that any 404notices that NVIDIA sends you electronically will satisfy any 405legal communication requirements. Please direct your legal 406notices or other correspondence to NVIDIA Corporation, 2788 407San Tomas Expressway, Santa Clara, California 95051, United 408States of America, Attention: Legal Department. 409 410This Agreement and any exhibits incorporated into this 411Agreement constitute the entire agreement of the parties with 412respect to the subject matter of this Agreement and supersede 413all prior negotiations or documentation exchanged between the 414parties relating to this SDK license. Any additional and/or 415conflicting terms on documents issued by you are null, void, 416and invalid. Any amendment or waiver under this Agreement 417shall be in writing and signed by representatives of both 418parties. 419 420 4211.8. Glossary of Terms 422 423Certain capitalized terms, if not otherwise defined elsewhere 424in this SLA, shall have the meanings set forth below: 425 426 1. 427 428 “Affiliate” means any legal entity that Owns, is Owned 429 by, or is commonly Owned with a party. “Own” means 430 having more than 50% ownership or the right to direct the 431 management of the entity. 432 433 2. 434 435 “AGREEMENT” means this SLA and all associated 436 Supplements entered by the parties referencing this SLA. 437 438 3. 439 440 “Authorized Users” means your Enterprise individual 441 employees and any of your Enterprise’s Contractors, 442 subject to the terms of the “Enterprise and Contractors 443 Usage” section. 444 445 4. 446 447 “Confidential Information” means the Licensed Software 448 (unless made publicly available by NVIDIA without 449 confidentiality obligations), and any NVIDIA business, 450 marketing, pricing, research and development, know-how, 451 technical, scientific, financial status, proposed new 452 products or other information disclosed by NVIDIA to you 453 which, at the time of disclosure, is designated in writing 454 as confidential or proprietary (or like written 455 designation), or orally identified as confidential or 456 proprietary or is otherwise reasonably identifiable by 457 parties exercising reasonable business judgment, as 458 confidential. Confidential Information does not and will 459 not include information that: (i) is or becomes generally 460 known to the public through no fault of or breach of the 461 AGREEMENT by the receiving party; (ii) is rightfully known 462 by the receiving party at the time of disclosure without 463 an obligation of confidentiality; (iii) is independently 464 developed by the receiving party without use of the 465 disclosing party’s Confidential Information; or (iv) is 466 rightfully obtained by the receiving party from a third 467 party without restriction on use or disclosure. 468 469 5. 470 471 “Contractor” means an individual who works primarily 472 for your Enterprise on a contractor basis from your secure 473 network. 474 475 6. 476 477 “Documentation” means the NVIDIA documentation made 478 available for use with the Software, including (without 479 limitation) user manuals, datasheets, operations 480 instructions, installation guides, release notes and other 481 materials provided to you under the AGREEMENT. 482 483 7. 484 485 “Enterprise” means you or any company or legal entity 486 for which you accepted the terms of this SLA, and their 487 subsidiaries of which your company or legal entity owns 488 more than fifty percent (50%) of the issued and 489 outstanding equity. 490 491 8. 492 493 “Feedback” means any and all suggestions, feature 494 requests, comments or other feedback regarding the 495 Licensed Software, including possible enhancements or 496 modifications thereto. 497 498 9. 499 500 “Intellectual Property Rights” means all patent, 501 copyright, trademark, trade secret, trade dress, trade 502 names, utility models, mask work, moral rights, rights of 503 attribution or integrity service marks, master recording 504 and music publishing rights, performance rights, 505 author’s rights, database rights, registered design 506 rights and any applications for the protection or 507 registration of these rights, or other intellectual or 508 industrial property rights or proprietary rights, 509 howsoever arising and in whatever media, whether now known 510 or hereafter devised, whether or not registered, 511 (including all claims and causes of action for 512 infringement, misappropriation or violation and all rights 513 in any registrations and renewals), worldwide and whether 514 existing now or in the future. 515 516 10. 517 518 “Licensed Software” means Software, Documentation and 519 all modifications owned by NVIDIA. 520 521 11. 522 523 “Open Source License” includes, without limitation, a 524 software license that requires as a condition of use, 525 modification, and/or distribution of such software that 526 the Software be (i) disclosed or distributed in source 527 code form; (ii) be licensed for the purpose of making 528 derivative works; or (iii) be redistributable at no 529 charge. 530 531 12. 532 533 “Order” means a purchase order issued by you, a signed 534 purchase agreement with you, or other ordering document 535 issued by you to NVIDIA or a NVIDIA authorized reseller 536 (including any on-line acceptance process) that references 537 and incorporates the AGREEMENT and is accepted by NVIDIA. 538 539 13. 540 541 “Software” means the NVIDIA software programs licensed 542 to you under the AGREEMENT including, without limitation, 543 libraries, sample code, utility programs and programming 544 code. 545 546 14. 547 548 “Supplement” means the additional terms and conditions 549 beyond those stated in this SLA that apply to certain 550 Licensed Software licensed hereunder.[FILE END](C) 2025 0x4248 (C) 2025 4248 Media and 4248 Systems, All part of 0x4248 See LICENCE files for more information. 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