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author | A. Wilcox <AWilcox@Wilcox-Tech.com> | 2017-06-11 08:41:26 +0000 |
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committer | A. Wilcox <AWilcox@Wilcox-Tech.com> | 2017-06-11 08:41:26 +0000 |
commit | 2f6caac6019e3182486965f7f09baed7e93e1be9 (patch) | |
tree | 2d5d4350a1bbf9bafdb5f0a5260714a6190c668d /licenses/NVIDIA-CUDA | |
parent | a37f6bfc3fde25205ebac44b82f1586b924c61da (diff) | |
download | packages-2f6caac6019e3182486965f7f09baed7e93e1be9.tar.gz packages-2f6caac6019e3182486965f7f09baed7e93e1be9.tar.bz2 packages-2f6caac6019e3182486965f7f09baed7e93e1be9.tar.xz packages-2f6caac6019e3182486965f7f09baed7e93e1be9.zip |
The New Plan
ebuild branch has old ebuilds. profiles dir still has CFLAGS.
Everything else is removed or modified for changing of upstream to
Alpine.
Diffstat (limited to 'licenses/NVIDIA-CUDA')
-rw-r--r-- | licenses/NVIDIA-CUDA | 2127 |
1 files changed, 0 insertions, 2127 deletions
diff --git a/licenses/NVIDIA-CUDA b/licenses/NVIDIA-CUDA deleted file mode 100644 index 309815fb9..000000000 --- a/licenses/NVIDIA-CUDA +++ /dev/null @@ -1,2127 +0,0 @@ -End User License Agreement --------------------------- - - -Preface -------- - -The following contains specific license terms and conditions -for four separate NVIDIA products. By accepting this -agreement, you agree to comply with all the terms and -conditions applicable to the specific product(s) included -herein. - - -NVIDIA CUDA Toolkit - - -Description - -The NVIDIA CUDA Toolkit provides command-line and graphical -tools for building, debugging and optimizing the performance -of applications accelerated by NVIDIA GPUs, runtime and math -libraries, and documentation including programming guides, -user manuals, and API references. The NVIDIA CUDA Toolkit -License Agreement is available in Chapter 1. - - -Default Install Location of CUDA Toolkit - -Windows platform: - -%ProgramFiles%\NVIDIA GPU Computing Toolkit\CUDA\v#.# - -Linux platform: - -/usr/local/cuda-#.# - -Mac platform: - -/Developer/NVIDIA/CUDA-#.# - - -NVIDIA CUDA Samples - - -Description - -This package includes over 100+ CUDA examples that demonstrate -various CUDA programming principles, and efficient CUDA -implementation of algorithms in specific application domains. -The NVIDIA CUDA Samples License Agreement is available in -Chapter 2. - - -Default Install Location of CUDA Samples - -Windows platform: - -%ProgramData%\NVIDIA Corporation\CUDA Samples\v#.# - -Linux platform: - -/usr/local/cuda-#.#/samples - -and - -$HOME/NVIDIA_CUDA-#.#_Samples - -Mac platform: - -/Developer/NVIDIA/CUDA-#.#/samples - - -NVIDIA Driver - - -Description - -This package contains the operating system driver and -fundamental system software components for NVIDIA GPUs. The -NVIDIA Driver License for the Windows platform is available in -Chapter 3, and the NVIDIA Driver License for the Linux and Mac -OSX platforms is available in Chapter 4. - - -NVIDIA Nsight Visual Studio Edition (Windows only) - - -Description - -NVIDIA Nsight Development Platform, Visual Studio Edition is a -development environment integrated into Microsoft Visual -Studio that provides tools for debugging, profiling, analyzing -and optimizing your GPU computing and graphics applications. -The NVIDIA Nsight Visual Studio Edition License Agreement is -available in Chapter 5. - - -Default Install Location of Nsight Visual Studio Edition - -Windows platform: - -%ProgramFiles%\NVIDIA Corporation\Nsight Visual Studio Edition #.# - - -NVIDIA CUDA General Terms - - -Description - -General terms that apply to all of the software components are -available in Chapter 6. - - -1. NVIDIA CUDA Toolkit License Agreement ----------------------------------------- - - -Important Notice ----------------- - -READ CAREFULLY: This Software License Agreement ("Agreement") -for NVIDIA CUDA Toolkit, including computer software and -associated documentation ("Software"), is the Agreement which -governs use of the SOFTWARE of NVIDIA Corporation and its -subsidiaries ("NVIDIA") downloadable herefrom. By downloading, -installing, copying, or otherwise using the SOFTWARE, You (as -defined below) agree to be bound by the terms of this -Agreement. If You do not agree to the terms of this Agreement, -do not download the SOFTWARE. - - -Recitals --------- - -Use of NVIDIA's SOFTWARE requires three elements: the -SOFTWARE, an NVIDIA GPU or application processor ("NVIDIA -Hardware"), and a computer system. 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 Your -use, strictly in accordance with this Agreement. The NVIDIA -Hardware is protected by various patents, and is sold, but -this Agreement does not cover the sale or use of such -hardware, since it may not necessarily be sold as a package -with the SOFTWARE. This Agreement sets forth the terms and -conditions of the SOFTWARE only. - - -1.1. Definitions - - -1.1.1. Licensee - -"You", or "Your" shall mean the entity or individual that -downloads and uses the SOFTWARE. - - -1.1.2. Redistributable Software - -"Redistributable Software" shall mean the redistributable -libraries referenced in Attachment A of this Agreement. - - -1.1.3. Software - -"SOFTWARE" shall mean the deliverables provided pursuant to -this Agreement. SOFTWARE may be provided in either source or -binary form, at NVIDIA's discretion. - - -1.2. Grant of License - - -1.2.1. Rights and Limitations of Grant - -Provided that Licensee complies with the terms of this -Agreement, NVIDIA hereby grants Licensee the following -limited, non-exclusive, non-transferable, non-sublicensable -(except as expressly permitted otherwise for Redistributable -Software in Section 1.2.1.1 and Section 1.2.1.3 of this -Agreement) right to use the SOFTWARE -- and, if the SOFTWARE -is provided in source form, to compile the SOFTWARE -- with -the following limitations: - - -1.2.1.1. Redistribution Rights - -Licensee may transfer, redistribute, and sublicense certain -files of the Redistributable SOFTWARE, as defined in -Attachment A of this Agreement, provided, however, that (a) -the Redistributable SOFTWARE shall be distributed solely in -binary form to Licensee's licensees ("Customers") only as a -component of Licensee's own software products (each, a -"Licensee Application"); (b) Licensee shall design the -Licensee Application such that the Redistributable SOFTWARE -files are installed only in a private (non-shared) directory -location that is used only by the Licensee Application; (c) -Licensee shall obtain each Customer's written or clickwrap -agreement to the license terms under a written, legally -enforceable agreement that has the effect of protecting the -SOFTWARE and the rights of NVIDIA under terms no less -restrictive than this Agreement. - - -1.2.1.2. Usage Rights - -Licensee may install and use multiple copies of the SOFTWARE -on a shared computer or concurrently on different computers, -and make multiple back-up copies of the SOFTWARE, solely for -Licensee's use within Licensee's Enterprise. "Enterprise" -shall mean individual use by Licensee or any legal entity -(such as a corporation or university) and the subsidiaries it -owns by more than 50 percent. - - -1.2.1.3. Further Redistribution Rights - -Subject to the terms and conditions of the Agreement, Licensee -may authorize Customers to further redistribute the -Redistributable SOFTWARE that such Customers receive as part -of the Licensee Application, solely in binary form, provided, -however, that Licensee shall require in their standard -software license agreements with Customers that all such -redistributions must be made pursuant to a license agreement -that has the effect of protecting the SOFTWARE and the rights -of NVIDIA whose terms and conditions are at least as -restrictive as those in the applicable Licensee software -license agreement covering the Licensee Application. For -avoidance of doubt, termination of this Agreement shall not -affect rights previously granted by Licensee to its Customers -under this Agreement to the extent validly granted to -Customers under Section 1.2.1.1. - - -1.2.1.4. Linux/FreeBSD Exception - -Notwithstanding the foregoing terms of Section 1.2.1.2, -Section 1.2.1.1 and Section 1.2.1.3, 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). - - -1.2.1.5. Additional Licensing Obligations - -Licensee acknowledges and agrees that its use of certain third -party components included with the SOFTWARE may be subject to -additional licensing terms and conditions as set forth or -referenced in Attachment B of this Agreement. - - -1.2.1.6. Limitations - -No Reverse Engineering - -If the SOFTWARE is provided in binary form, Licensee 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. Except as -authorized in this Agreement, Software component parts of the -Software may not be separated for use on more than one -computer, nor otherwise used separately from the other parts. - -No Rental - -Licensee may not rent or lease the SOFTWARE to someone else. - -No Modifications - -If the SOFTWARE is provided in source form, Licensee may not -modify or create derivative works of the SOFTWARE. - - -1.3. Term and Termination - -This Agreement will continue in effect for two (2) years -("Initial Term") after Your initial download and use of the -SOFTWARE, subject to the exclusive right of NVIDIA to -terminate as provided herein. The term of this Agreement will -automatically renew for successive one (1) year renewal terms -after the Initial Term, unless either party provides to the -other party at least three (3) months prior written notice of -termination before the end of the applicable renewal term. - -This Agreement will automatically terminate if Licensee fails -to comply with any of the terms and conditions hereof. In such -event, Licensee must destroy all copies of the SOFTWARE and -all of its component parts. - - -Defensive Suspension - -If Licensee 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 Agreement during the pendency of such -legal proceedings. - - -1.4. Copyright - -All rights, title, interest 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, Licensee is required to treat the SOFTWARE like -any other copyrighted material, except as otherwise allowed -pursuant to this Agreement and that it may make one copy of -the SOFTWARE solely for backup or archive purposes. - -RESTRICTED RIGHTS NOTICE. Software has been developed entirely -at private expense and is commercial computer software -provided with RESTRICTED RIGHTS. Use, duplication or -disclosure by the U.S. Government or a U.S. Government -subcontractor is subject to the restrictions set forth in the -Agreement under which Software was obtained pursuant to DFARS -227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2) -of the Commercial Computer Software - Restricted Rights clause -at FAR 52.227-19, as applicable. Contractor/manufacturer is -NVIDIA, 2701 San Tomas Expressway, Santa Clara, CA 95050. - - -1.5. Applicable Law - -This Agreement shall be deemed to have been made in, and shall -be construed pursuant to, the laws of the State of Delaware. -The United Nations Convention on Contracts for the -International Sale of Goods is specifically disclaimed. The -courts of Santa Clara County, California shall have exclusive -jurisdiction and venue over any dispute arising out of or -relating to this Agreement. - - -1.6. Disclaimer of Warranties and Limitations on Liability - - -1.6.1. 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, -FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. - - -1.6.2. 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. - - -1.6.3. No Support - -NVIDIA has no obligation to support or to provide any updates -of the Software. - - -1.7. Miscellaneous - - -1.7.1. Feedback - -Notwithstanding any Non-Disclosure Agreement executed by and -between the parties, the parties agree that in the event -Licensee or NVIDIA provides Feedback (as defined below) to the -other party on how to design, implement, or improve the -SOFTWARE or Licensee's product(s) for use with the SOFTWARE, -the following terms and conditions apply the Feedback: - - -1.7.1.1. Exchange of Feedback - -Both parties agree that neither party has an obligation to -give the other party any suggestions, comments or other -feedback, whether verbally or in written or source code form, -relating to (i) the SOFTWARE; (ii) Licensee's products; (iii) -Licensee's use of the SOFTWARE; or (iv) -optimization/interoperability of Licensee's product with the -SOFTWARE (collectively defined as "Feedback"). In the event -either party provides Feedback to the other party, the party -receiving the Feedback may use any Feedback that the other -party voluntarily provides to improve the (i) SOFTWARE or -other related NVIDIA technologies, respectively for the -benefit of NVIDIA; or (ii) Licensee's product or other related -Licensee technologies, respectively for the benefit of -Licensee. Accordingly, if either party provides Feedback to -the other party, both parties agree that the other party and -its respective licensees may freely use, reproduce, license, -distribute, and otherwise commercialize the Feedback in the -(i) SOFTWARE or other related technologies; or (ii) Licensee's -products or other related technologies, respectively, without -the payment of any royalties or fees. - - -1.7.1.2. Residual Rights - -Licensee agrees that NVIDIA shall be free to use any general -knowledge, skills and experience, (including, but not limited -to, ideas, concepts, know-how, or techniques) ("Residuals"), -contained in the (i) Feedback provided by Licensee to NVIDIA; -(ii) Licensee's products shared or disclosed to NVIDIA in -connection with the Feedback; or (c) Licensee's confidential -information voluntarily provided to NVIDIA in connection with -the Feedback, which are retained in the memories of NVIDIA's -employees, agents, or contractors who have had access to such -Residuals. Subject to the terms and conditions of this -Agreement, NVIDIA's employees, agents, or contractors shall -not be prevented from using Residuals as part of such -employee's, agent's or contractor's general knowledge, skills, -experience, talent, and/or expertise. NVIDIA shall not have -any obligation to limit or restrict the assignment of such -employees, agents or contractors or to pay royalties for any -work resulting from the use of Residuals. - - -1.7.1.3. Disclaimer of Warranty - -FEEDBACK FROM EITHER PARTY IS PROVIDED FOR THE OTHER PARTY'S -USE "AS IS" AND BOTH PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, -IMPLIED AND STATUTORY INCLUDING, WITHOUT LIMITATION, THE -IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A -PARTICULAR PURPOSE, OR NONINFRINGEMENT. BOTH PARTIES DO NOT -REPRESENT OR WARRANT THAT THE FEEDBACK WILL MEET THE OTHER -PARTY'S REQUIREMENTS OR THAT THE OPERATION OR IMPLEMENTATION -OF THE FEEDBACK WILL BE UNINTERRUPTED OR ERROR-FREE. - - -1.7.1.4. No Liability for Consequential Damages - -TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT -SHALL EITHER PARTY 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 FEEDBACK, EVEN IF THE OTHER PARTY HAS -BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. - - -1.7.2. Freedom of Action - -Licensee agrees that this Agreement is nonexclusive and NVIDIA -may currently or in the future be developing software, other -technology or confidential information internally, or -receiving confidential information from other parties that -maybe similar to the Feedback and Licensee's confidential -information (as provided in Section 1.7.1.2 above), which may -be provided to NVIDIA in connection with Feedback by Licensee. -Accordingly, Licensee agrees that nothing in this Agreement -will be construed as a representation or inference that NVIDIA -will not develop, design, manufacture, acquire, market -products, or have products developed, designed, manufactured, -acquired, or marketed for NVIDIA, that compete with the -Licensee's products or confidential information. - - -1.7.3. No Implied Licenses - -Under no circumstances should anything in this Agreement be -construed as NVIDIA granting by implication, estoppel or -otherwise, (i) a license to any NVIDIA product or technology -other than the SOFTWARE; or (ii) any additional license rights -for the SOFTWARE other than the licenses expressly granted in -this Agreement. - - -1.7.4. - -If any provision of this Agreement 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 -Agreement 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 Agreement may only be modified in writing signed -by an authorized officer of NVIDIA. Licensee 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 Industry and Security or any export -laws, restrictions or regulations. - - -1.7.5. - -The parties agree that the following sections of the Agreement -will survive the termination of the License: Section 1.2.1.4, -Section 1.4, Section 1.5, Section 1.6, and Section 1.7. - - -1.8. Attachment A - - -Redistributable Software - -In connection with Section 1.2.1.1 of this Agreement, the -following files may be redistributed with software -applications developed by Licensee, including certain -variations of these files that have version number or -architecture specific information embedded in the file name - -as an example only, for release version 6.0 of the 64-bit -Windows software, the file cudart64_60.dll is redistributable. - -Component : CUDA Runtime - Windows : cudart.dll, cudart_static.lib - MacOS : libcudart.dylib, libcudart_static.a - Linux : libcudart.so, libcudart_static.a - Android : libcudart.so, libcudart_static.a - -Component : CUDA FFT Library - Windows : cufft.dll - MacOS : libcufft.dylib - Linux : libcufft.so - Android : libcufft.so - -Component : CUDA BLAS Library - Windows : cublas.dll - MacOS : libcublas.dylib - Linux : libcublas.so - Android : libcublas.so - -Component : CUDA Sparse Matrix Library - Windows : cusparse.dll - MacOs : libcusparse.dylib - Linux : libcusparse.so - Android : libcusparse.so - -Component : CUDA Random Number Generation Library - Windows : curand.dll - MacOs : libcurand.dylib - Linux : libcurand.so - Android : libcurand.so - -Component : NVIDIA Performance Primitives Library - Windows : nppc.dll, nppi.dll, npps.dll - MacOs : libnppc.dylib, libnppi.dylib, libnpps.dylib - Linux : libnppc.so, libnppi.so, libnpps.so - Android : libnppc.so, libnppi.so, libnpps.so - -Component : NVIDIA Optimizing Compiler Library - Windows : nvvm.dll - MacOs : libnvvm.dylib - Linux : libnvvm.so - -Component : NVIDIA Common Device Math Functions Library - Windows : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc - MacOs : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc - Linux : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc - -Component : CUDA Occupancy Calculation Header Library - All : cuda_occupancy.h - - - -1.9. Attachment B - - -Additional Licensing Obligations - -The following third party components included in the SOFTWARE -are licensed to Licensee pursuant to the following terms and -conditions: - - 1. Licensee's use of the following third party components is - subject to the terms and conditions of GNU GPL v2.0: - - a. gdb - - b. Open64 - - This product includes copyrighted third-party software - licensed under the terms of the GNU General Public License - v2.0 ("GPL v2.0). All third-party software packages are - copyright by their respective authors. GPL v2.0 terms and - conditions are hereby incorporated into the Agreement by - this reference. - http://www.gnu.org/licenses/old-licenses/gpl-2.0.txt - - 2. Licensee's use of the following third party components is - subject to the terms and conditions of GNU GPL v3.0: - - a. gcc front-end v2.2 - - This product includes copyrighted third-party software licensed under - the terms of the GNU General Public License v2.0 ("GPL v2.0). All - third-party software packages are copyright by their respective - authors. GPL v2.0 terms and conditions are hereby incorporated into - the Agreement by this reference. - - http://www.gnu.org/licenses/gpl.html - - 3. Licensee represents and warrants that any and all third - party licensing and/or royalty payment obligations in - connection with Licensee's use of the H.264 video codecs - are solely the responsibility of Licensee. - - 4. Licensee's use of the Thrust library is subject to the - terms and conditions of the Apache License Version 2.0. - All third-party software packages are copyright by their - respective authors. Apache License Version 2.0 terms and - conditions are hereby incorporated into the Agreement by - this reference. - http://www.apache.org/licenses/LICENSE-2.0.html - - In addition, Licensee acknowledges the following notice: - - Thrust includes source code from the Boost Iterator, Tuple, System, - and Random Number libraries. - - Boost Software License - Version 1.0 - August 17th, 2003 - . . . . - - Permission is hereby granted, free of charge, to any person or - organization obtaining a copy of the software and accompanying - documentation covered by this license (the "Software") to use, - reproduce, display, distribute, execute, and transmit the Software, - and to prepare derivative works of the Software, and to permit - third-parties to whom the Software is furnished to do so, all - subject to the following: - - The copyright notices in the Software and this entire statement, - including the above license grant, this restriction and the following - disclaimer, must be included in all copies of the Software, in whole - or in part, and all derivative works of the Software, unless such - copies or derivative works are solely in the form of machine-executable - object code generated by a source language processor. - - THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, - EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF - MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND - NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR - ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR - OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING - FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR - OTHER DEALINGS IN THE SOFTWARE. - - 5. Licensee's use of the LLVM third party component is - subject to the following terms and conditions: - - ====================================================== - LLVM Release License - ====================================================== - University of Illinois/NCSA - Open Source License - - Copyright (c) 2003-2010 University of Illinois at Urbana-Champaign. - All rights reserved. - - Developed by: - - LLVM Team - - University of Illinois at Urbana-Champaign - - http://llvm.org - - Permission is hereby granted, free of charge, to any person obtaining a copy - of this software and associated documentation files (the "Software"), to - deal with the Software without restriction, including without limitation the - rights to use, copy, modify, merge, publish, distribute, sublicense, and/or - sell copies of the Software, and to permit persons to whom the Software is - furnished to do so, subject to the following conditions: - - * Redistributions of source code must retain the above copyright notice, - this list of conditions and the following disclaimers. - - * Redistributions in binary form must reproduce the above copyright - notice, this list of conditions and the following disclaimers in the - documentation and/or other materials provided with the distribution. - - * Neither the names of the LLVM Team, University of Illinois at Urbana- - Champaign, nor the names of its contributors may be used to endorse or - promote products derived from this Software without specific prior - written permission. - - THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR - IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, - FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL - THE CONTRIBUTORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR - OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, - ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER - DEALINGS WITH THE SOFTWARE. - - 6. Licensee's use of the PCRE third party component is - subject to the following terms and conditions: - - ------------ - PCRE LICENCE - ------------ - PCRE is a library of functions to support regular expressions whose syntax - and semantics are as close as possible to those of the Perl 5 language. - Release 8 of PCRE is distributed under the terms of the "BSD" licence, as - specified below. The documentation for PCRE, supplied in the "doc" - directory, is distributed under the same terms as the software itself. The - basic library functions are written in C and are freestanding. Also - included in the distribution is a set of C++ wrapper functions, and a just- - in-time compiler that can be used to optimize pattern matching. These are - both optional features that can be omitted when the library is built. - - THE BASIC LIBRARY FUNCTIONS - --------------------------- - Written by: Philip Hazel - Email local part: ph10 - Email domain: cam.ac.uk - University of Cambridge Computing Service, - Cambridge, England. - Copyright (c) 1997-2012 University of Cambridge - All rights reserved. - - PCRE JUST-IN-TIME COMPILATION SUPPORT - ------------------------------------- - Written by: Zoltan Herczeg - Email local part: hzmester - Emain domain: freemail.hu - Copyright(c) 2010-2012 Zoltan Herczeg - All rights reserved. - - STACK-LESS JUST-IN-TIME COMPILER - -------------------------------- - Written by: Zoltan Herczeg - Email local part: hzmester - Emain domain: freemail.hu - Copyright(c) 2009-2012 Zoltan Herczeg - All rights reserved. - - THE C++ WRAPPER FUNCTIONS - ------------------------- - Contributed by: Google Inc. - Copyright (c) 2007-2012, Google Inc. - All rights reserved. - - THE "BSD" LICENCE - ----------------- - Redistribution and use in source and binary forms, with or without - modification, are permitted provided that the following conditions are met: - - * Redistributions of source code must retain the above copyright notice, - this list of conditions and the following disclaimer. - - * Redistributions in binary form must reproduce the above copyright - notice, this list of conditions and the following disclaimer in the - documentation and/or other materials provided with the distribution. - - * Neither the name of the University of Cambridge nor the name of Google - Inc. nor the names of their contributors may be used to endorse or - promote products derived from this software without specific prior - written permission. - - THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" - AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE - IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE - ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE - LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR - CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF - SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS - INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN - CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) - ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE - POSSIBILITY OF SUCH DAMAGE. - - 7. Some of the cuBLAS library routines were written by or - derived from code written by Vasily Volkov and are subject - to the Modified Berkeley Software Distribution License as - follows: - - Copyright (c) 2007-2009, Regents of the University of California - - All rights reserved. - - Redistribution and use in source and binary forms, with or without - modification, are permitted provided that the following conditions are - met: - * Redistributions of source code must retain the above copyright - notice, this list of conditions and the following disclaimer. - * Redistributions in binary form must reproduce the above - copyright notice, this list of conditions and the following - disclaimer in the documentation and/or other materials provided - with the distribution. - * Neither the name of the University of California, Berkeley nor - the names of its contributors may be used to endorse or promote - products derived from this software without specific prior - written permission. - - THIS SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS" AND ANY EXPRESS OR - IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED - WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE - DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, - INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES - (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR - SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) - HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, - STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING - IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE - POSSIBILITY OF SUCH DAMAGE. - - 8. Some of the cuBLAS library routines were written by or - derived from code written by Davide Barbieri and are - subject to the Modified Berkeley Software Distribution - License as follows: - - Copyright (c) 2008-2009 Davide Barbieri @ University of Rome Tor Vergata. - - All rights reserved. - - Redistribution and use in source and binary forms, with or without - modification, are permitted provided that the following conditions are - met: - * Redistributions of source code must retain the above copyright - notice, this list of conditions and the following disclaimer. - * Redistributions in binary form must reproduce the above - copyright notice, this list of conditions and the following - disclaimer in the documentation and/or other materials provided - with the distribution. - * The name of the author may not be used to endorse or promote - products derived from this software without specific prior - written permission. - - THIS SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS" AND ANY EXPRESS OR - IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED - WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE - DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, - INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES - (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR - SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) - HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, - STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING - IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE - POSSIBILITY OF SUCH DAMAGE. - - 9. Some of the cuBLAS library routines were derived from - code developed by the University of Tennessee and are - subject to the Modified Berkeley Software Distribution - License as follows: - - Copyright (c) 2010 The University of Tennessee. - - All rights reserved. - - Redistribution and use in source and binary forms, with or without - modification, are permitted provided that the following conditions are - met: - * Redistributions of source code must retain the above copyright - notice, this list of conditions and the following disclaimer. - * Redistributions in binary form must reproduce the above - copyright notice, this list of conditions and the following - disclaimer listed in this license in the documentation and/or - other materials provided with the distribution. - * Neither the name of the copyright holders nor the names of its - contributors may be used to endorse or promote products derived - from this software without specific prior written permission. - - THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS - "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT - LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR - A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT - OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, - SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT - LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, - DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY - THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT - (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE - OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. - - 10. Some of the cuBLAS library routines were written by or - derived from code written by Jonathan Hogg and are subject - to the Modified Berkeley Software Distribution License as - follows: - - Copyright (c) 2012, The Science and Technology Facilities Council (STFC). - - All rights reserved. - - Redistribution and use in source and binary forms, with or without - modification, are permitted provided that the following conditions are - met: - * Redistributions of source code must retain the above copyright - notice, this list of conditions and the following disclaimer. - * Redistributions in binary form must reproduce the above - copyright notice, this list of conditions and the following - disclaimer in the documentation and/or other materials provided - with the distribution. - * Neither the name of the STFC nor the names of its contributors - may be used to endorse or promote products derived from this - software without specific prior written permission. - - THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS - "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT - LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR - A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE STFC BE - LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR - CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF - SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR - BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, - WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE - OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN - IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. - - 11. Some of the cuBLAS library routines were written by or - derived from code written by Ahmad M. Abdelfattah, David - Keyes, and Hatem Ltaief, and are subject to the Apache - License, Version 2.0, as follows: - - Copyright 2013 King Abdullah University of Science and Technology-- Ahmad M. Abdelfattah, David Keyes, and Hatem Ltaief - Licensed under the Apache License, Version 2.0 (the "License"); - you may not use this file except in compliance with the License. - You may obtain a copy of the License at - - http://www.apache.org/licenses/LICENSE-2.0 - - Unless required by applicable law or agreed to in writing, software - distributed under the License is distributed on an "AS IS" BASIS, - WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. - See the License for the specific language governing permissions and - limitations under the License. - - 12. Some of the cuSPARSE library routines were written by or - derived from code written by Li-Wen Chang and are subject - to the NCSA Open Source License as follows: - - Copyright (c) 2012, University of Illinois. - - All rights reserved. - - Developed by: IMPACT Group, University of Illinois, http://impact.crhc.illinois.edu - - Permission is hereby granted, free of charge, to any person obtaining - a copy of this software and associated documentation files (the - "Software"), to deal with the Software without restriction, including - without limitation the rights to use, copy, modify, merge, publish, - distribute, sublicense, and/or sell copies of the Software, and to - permit persons to whom the Software is furnished to do so, subject to - the following conditions: - * Redistributions of source code must retain the above copyright - notice, this list of conditions and the following disclaimer. - * Redistributions in binary form must reproduce the above - copyright notice, this list of conditions and the following - disclaimers in the documentation and/or other materials provided - with the distribution. - * Neither the names of IMPACT Group, University of Illinois, nor - the names of its contributors may be used to endorse or promote - products derived from this Software without specific prior - written permission. - - THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, - EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF - MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND - NONINFRINGEMENT. IN NO EVENT SHALL THE CONTRIBUTORS OR COPYRIGHT - HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER - IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR - IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS WITH THE - SOFTWARE. - - 13. Some of the cuRAND library routines were written by or - derived from code written by Mutsuo Saito and Makoto - Matsumoto and are subject to the following license: - - Copyright (c) 2009, 2010 Mutsuo Saito, Makoto Matsumoto and Hiroshima - University. All rights reserved. - - Copyright (c) 2011 Mutsuo Saito, Makoto Matsumoto, Hiroshima - University and University of Tokyo. All rights reserved. - - Redistribution and use in source and binary forms, with or without - modification, are permitted provided that the following conditions are - met: - * Redistributions of source code must retain the above copyright - notice, this list of conditions and the following disclaimer. - * Redistributions in binary form must reproduce the above - copyright notice, this list of conditions and the following - disclaimer in the documentation and/or other materials provided - with the distribution. - * Neither the name of the Hiroshima University nor the names of - its contributors may be used to endorse or promote products - derived from this software without specific prior written - permission. - - THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS - "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT - LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR - A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT - OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, - SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT - LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, - DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY - THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT - (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE - OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. - - 14. Some of the cuRAND library routines were derived from - code developed by D. E. Shaw Research and are subject to - the following license: - - Copyright 2010-2011, D. E. 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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 agreement does not -cover that sale, since it may not necessarily be sold as a -package with the SOFTWARE. This agreement sets forth the terms -and conditions of the SOFTWARE LICENSE only. - - -4.1. DEFINITIONS - - -4.1.1. Customer - -Customer means the entity or individual that downloads the -SOFTWARE. - - -4.2. GRANT OF LICENSE - - -4.2.1. Rights and Limitations of Grant - -NVIDIA hereby grants Customer the following non-exclusive, -non-transferable right to use the SOFTWARE, with the following -limitations: - - -4.2.1.1. 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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. - - -4.3. 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. - - -4.4. 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. - - -4.5. APPLICABLE LAW - -This agreement shall be deemed to have been made in, and shall -be construed pursuant to, the laws of the State of California. - - -4.6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY - - -4.6.1. 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. - - -4.6.2. 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. - - -4.7. MISCELLANEOUS - -The United Nations Convention on Contracts for the -International Sale of Goods is specifically disclaimed. 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 agreement 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. -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. This LICENSE may only be modified in writing -signed by an authorized officer of NVIDIA. - - -5. NVIDIA Nsight Development Platform, Visual Studio Edition -Software License Agreement (Windows only) ------------------------------------------------------------- - - -IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING ----------------------------------------------------- - -Do not use or load this software and any associated materials -provided by NVIDIA on its extranet (collectively the -"Software") until You have carefully read the following terms -and conditions. By loading or using the Software, You agree to -fully comply with the terms and conditions of this Software -License Agreement ("Agreement") by and between NVIDIA -Corporation, a Delaware corporation with its principal place -of business at 2701 San Tomas Expressway, Santa Clara, -California 95050 U.S.A. ("NVIDIA"), and You. If You do not -wish to so agree, do not install or use the Software. - -For the purposes of this Agreement: - -"Licensee," "You" and/or "Your" shall mean, collectively and -individually, Original Equipment Manufacturers, Independent -Hardware Vendors, Independent Software Vendors, and End-Users -of the Software pursuant to the terms and conditions of this -Agreement. - -"Intellectual Property Rights" shall mean all proprietary -rights, including all patents, trademarks, copyrights, -know-how, trade secrets, mask works, including all -applications and registrations thereto, and any other similar -protected rights in any country. - - -5.1. Grant of License - -NVIDIA agrees to provide the Software and any associated -materials pursuant to this Agreement. Subject to the terms of -this Agreement, NVIDIA grants to You a nonexclusive, -transferable, worldwide, revocable, limited, royalty-free, -fully paid-up license under NVIDIA's copyrights to install, -deploy, use, have used execute, reproduce, display, perform, -run, the object code of the Software, to create Your products -to interoperate with NVIDIA hardware and software. - -Unless otherwise authorized in the Agreement, You shall not -otherwise assign, sublicense, lease, or in any other way -transfer or disclose Software to any third party. Unless -otherwise authorized in the Agreement, You shall not reverse- -compile, disassemble, reverse-engineer, or in any manner -attempt to derive the source code of the Software from the -object code portions of the Software. - -Except as expressly stated in this Agreement, no license or -right is granted to You directly or by implication, -inducement, estoppels or otherwise. NVIDIA shall have the -right to inspect or have an independent auditor inspect Your -relevant records to verify Your compliance with the terms and -conditions of this Agreement. - - -5.2. Confidentiality - -If applicable, any exchange of Confidential Information (as -defined in the NDA) shall be made pursuant to the terms and -conditions of a separately signed Non-Disclosure Agreement -("NDA") by and between NVIDIA and You. For the sake of -clarity, You agree that (a) the Software; and (b) Your use of -the Software/participation in the Software's pre-production -release is considered Confidential Information of NVIDIA. - -If You wish to have a third party consultant or subcontractor -("Contractor") perform work on Your behalf which involves -access to or use of Software, You shall obtain a written -confidentiality agreement from the Contractor which contains -terms and obligations with respect to access to or use of -Software no less restrictive than those set forth in this -Agreement and excluding any distribution or sublicense rights, -and use for any other purpose than permitted in this -Agreement. Otherwise, You shall not disclose the terms or -existence of this Agreement or use NVIDIA's name in any -publications, advertisements, or other announcements without -NVIDIA's prior written consent. Unless otherwise provided in -this Agreement, You do not have any rights to use any NVIDIA -trademarks or logos. - - -5.3. Ownership of Software and Intellectual Property Rights - -All rights, title and interest to all copies of the Software -remain with NVIDIA, subsidiaries, licensors, or its suppliers. -The Software is copyrighted and protected by the laws of the -United States and other countries, and international treaty -provisions. You may not remove any copyright notices from the -Software. NVIDIA may make changes to the Software, or to items -referenced therein, at any time and without notice, but is not -obligated to support or update the Software. Except as -otherwise expressly provided, NVIDIA grants no express or -implied right under any NVIDIA patents, copyrights, -trademarks, or other intellectual property rights. - -You have no obligation to give NVIDIA any suggestions, -comments or other feedback ("Feedback") relating to the -Software. However, NVIDIA may use and include any Feedback -that You voluntarily provide to improve the Software or other -related NVIDIA technologies. Accordingly, if You provide -Feedback, You agree NVIDIA and its licensees may freely use, -reproduce, license, distribute, and otherwise commercialize -the Feedback in the Software or other related technologies -without the payment of any royalties or fees. You also agree -that the Software may collect application specific session -data and target device information that shall be sent to -NVIDIA, solely for use by NVIDIA in improving the Software. - - -5.4. No Warranties - -THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR -IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF -MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR -PURPOSE. NVIDIA does not warrant or assume responsibility for -the accuracy or completeness of any information, text, -graphics, links or other items contained within the Software. -NVIDIA does not represent that errors or other defects will be -identified or corrected. - - -5.5. Limitation of Liability - -EXCEPT WITH RESPECT TO THE MISUSE OF THE OTHER PARTY'S -INTELLECTUAL PROPERTY OR DISCLOSURE OF THE OTHER PARTY'S -CONFIDENTIAL INFORMATION IN BREACH OF THIS AGREEMENT, IN NO -EVENT SHALL NVIDIA, SUBSIDIARIES, LICENSORS, OR ITS SUPPLIERS -BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT -LIMITATION, INDIRECT, LOST PROFITS, CONSEQUENTIAL, BUSINESS -INTERRUPTION OR LOST INFORMATION) ARISING OUT OF THE USE OF OR -INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED -OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS -PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED -WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE -ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER -LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. -NOTWITHSTANDING THE FOREGOING, NVIDIA'S AGGREGATE LIABILITY -ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED -UNITED STATES DOLLARS (USD$100). - - -5.6. Term - -This Agreement and the licenses granted hereunder shall be -effective as of the date You install/download the Software -("Effective Date") and continue perpetually, unless terminated -earlier in accordance with the "Termination" provision of this -Agreement. - - -5.7. Termination - -NVIDIA may terminate this Agreement at any time if You violate -its terms. Upon termination, You will immediately destroy the -Software or return all copies of the Software to NVIDIA, and -certify to NVIDIA in writing that such actions have been -completed. - - -5.8. Miscellaneous - - -5.8.1. Survival - -Those provisions in this Agreement, which by their nature need -to survive the termination or expiration of this Agreement, -shall survive termination or expiration of the Agreement, -including but not limited to Section 5.2, Section 5.3, -Section 5.4, Section 5.5, Section 5.7, and Section 5.8. - - -5.8.2. Applicable Laws - -Claims arising under this Agreement shall be governed by the -laws of Delaware, excluding its principles of conflict of laws -and the United Nations Convention on Contracts for the Sale of -Goods. The state and/or federal courts residing in Santa Clara -County, California shall have exclusive jurisdiction over any -dispute or claim arising out of this Agreement. You may not -export the Software in violation of applicable export laws and -regulations. - - -5.8.3. Amendment - -The Agreement shall not be modified except by a written -agreement that names this Agreement and any provision to be -modified, is dated subsequent to the Effective Date, and is -signed by duly authorized representatives of both parties. - - -5.8.4. No Waiver - -No failure or delay on the part of either party in the -exercise of any right, power or remedy under this Agreement or -under law, or to insist upon or enforce performance by the -other party of any of the provisions of this Agreement or -under law, shall operate as a waiver thereof, nor shall any -single or partial exercise of any right, power or remedy -preclude other or further exercise thereof, or the exercise of -any other right, power or remedy; rather the provision, right, -or remedy shall be and remain in full force and effect. - - -5.8.5. No Assignment - -This Agreement and Licensee's rights and obligations herein, -may not be assigned, subcontracted, delegated, or otherwise -transferred by Licensee without NVIDIA's prior written -consent, and any attempted assignment, subcontract, -delegation, or transfer in violation of the foregoing will be -null and void. The terms of this Agreement shall be binding -upon Licensee's assignees. - - -5.8.6. Government Restricted Rights - -The parties acknowledge that the Software is subject to U.S. -export control laws and regulations. The parties agree to -comply with all applicable international and national laws -that apply to the Software, including the U.S. Export -Administration Regulations, as well as end-user, end-use and -destination restrictions issued by U.S. and other governments. - -The Software has been developed entirely at private expense -and is commercial computer software provided with RESTRICTED -RIGHTS. Use, duplication or disclosure of the Software by the -U.S. Government or a U.S. Government subcontractor is subject -to the restrictions set forth in the Agreement under which the -Software was obtained pursuant to DFARS 227.7202-3(a) or as -set forth in subparagraphs (c)(1) and (2) of the Commercial -Computer Software - Restricted Rights clause at FAR 52.227-19, -as applicable. Contractor/manufacturer is NVIDIA, 2701 San -Tomas Expressway, Santa Clara, CA 95050. Use of the Software -by the Government constitutes acknowledgment of NVIDIA's -proprietary rights therein. - - -5.8.7. Independent Contractors - -Licensee's relationship to NVIDIA is that of an independent -contractor, and neither party is an agent or partner of the -other. Licensee will not have, and will not represent to any -third party that it has, any authority to act on behalf of -NVIDIA. - - -5.8.8. Severability - -If for any reason a court of competent jurisdiction finds any -provision of this Agreement, or portion thereof, to be -unenforceable, that provision of the Agreement will be -enforced to the maximum extent permissible so as to affect the -intent of the parties, and the remainder of this Agreement -will continue in full force and effect. This Agreement has -been negotiated by the parties and their respective counsel -and will be interpreted fairly in accordance with its terms -and without any strict construction in favor of or against -either party. - - -5.8.9. Entire Agreement - -This Agreement and NDA constitute the entire agreement between -the parties with respect to the subject matter contemplated -herein, and merges all prior and contemporaneous -communications. - -MICROSOFT SOFTWARE LICENSE TERMS -MICROSOFT DIRECTX END USER RUNTIME - -These license terms are an agreement between Microsoft Corporation (or based on -where you live, one of its affiliates) and you. Please read them. They apply -to the software named above, which includes the media on which you received it, -if any. The terms also apply to any Microsoft - -* updates, -* supplements, -* Internet-based services, and -* support services - -for this software, unless other terms accompany those items. If so, those -terms apply. - -BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO -NOT USE THE SOFTWARE. - -If you comply with these license terms, you have the rights below. - -1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies -of the software on your devices. - -2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only -gives you some rights to use the software. Microsoft reserves all other -rights. Unless applicable law gives you more rights despite this limitation, -you may use the software only as expressly permitted in this agreement. In -doing so, you must comply with any technical limitations in the software that -only allow you to use it in certain ways. You may not - -* work around any technical limitations in the software; -* reverse engineer, decompile or disassemble the software, except and only to - the extent that applicable law expressly permits, despite this limitation; -* make more copies of the software than specified in this agreement or allowed - by applicable law, despite this limitation; -* publish the software for others to copy; -* rent, lease or lend the software; -* transfer the software or this agreement to any third party; or -* use the software for commercial software hosting services. - -3. BACKUP COPY. You may make one backup copy of the software. You may use it -only to reinstall the software. - -4. DOCUMENTATION. Any person that has valid access to your computer or -internal network may copy and use the documentation for your internal, -reference purposes. - -5. EXPORT RESTRICTIONS. The software is subject to United States export laws -and regulations. You must comply with all domestic and international export -laws and regulations that apply to the software. These laws include -restrictions on destinations, end users and end use. For additional -information, see www.microsoft.com/exporting. - -6. SUPPORT SERVICES. Because this software is "as is," we may not provide -support services for it. - -7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, -Internet-based services and support services that you use, are the entire -agreement for the software and support services. - -8. APPLICABLE LAW. - -a. United States. If you acquired the software in the United States, -Washington state law governs the interpretation of this agreement and applies -to claims for breach of it, regardless of conflict of laws principles. The -laws of the state where you live govern all other claims, including claims -under state consumer protection laws, unfair competition laws, and in tort. - -b. Outside the United States. If you acquired the software in any other -country, the laws of that country apply. - -9. LEGAL EFFECT. This agreement describes certain legal rights. You may have -other rights under the laws of your country. You may also have rights with -respect to the party from whom you acquired the software. This agreement does -not change your rights under the laws of your country if the laws of your -country do not permit it to do so. - -10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE -RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR -CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS -WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL -LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR -A PARTICULAR PURPOSE AND NON-INFRINGEMENT. - -11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM -MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT -RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, -INDIRECT OR INCIDENTAL DAMAGES. - -This limitation applies to - -* anything related to the software, services, content (including code) on third - party Internet sites, or third party programs; and -* claims for breach of contract, breach of warranty, guarantee or condition, - strict liability, negligence, or other tort to the extent permitted by - applicable law. - -It also applies even if Microsoft knew or should have known about the -possibility of the damages. The above limitation or exclusion may not apply to -you because your country may not allow the exclusion or limitation of -incidental, consequential or other damages. - -The Software contains components, as listed below that are -licensed to Licensee pursuant to the terms and conditions of -their respective End User License Agreements: - - * NVIDIA CUDA Samples - - * NVIDIA CUDA Toolkit - - * NVIDIA DirectX SDK - -More information, including licensing information, about the -NVIDIA CUDA Toolkit and the NVIDIA CUDA Samples can be found -at: http://www.nvidia.com/getcuda - -More information, including licensing information, about the -NVIDIA DirectX SDK can be found at: -http://developer.nvidia.com/object/sdk_home.html - - -6. NVIDIA CUDA General Terms ----------------------------- - -The Software, on the Windows platform, may collect -non-personally identifiable information for the purposes of -customizing information delivered to you and improving future -versions of the Software. Such information, including IP -address and system configuration, will only be collected on an -anonymous basis and cannot be linked to any personally -identifiable information. Personally identifiable information -such as your username or hostname is not collected. - -------------------------------------------------------------- |