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diff --git a/licenses/NVIDIA-CODEC-SDK b/licenses/NVIDIA-CODEC-SDK deleted file mode 100644 index 7ebcc3078..000000000 --- a/licenses/NVIDIA-CODEC-SDK +++ /dev/null @@ -1,210 +0,0 @@ -NVIDIA VIDEO CODEC SDK LICENSE AGREEMENT (“Agreement”) - -BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE AND OTHER AVAILABLE MATERIALS, -YOU (“LICENSEE”) AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS -AGREEMENT. If Licensee does not agree to the terms and condition of this -Agreement, THEN do not downLOAD, INSTALL OR USE the SOFTWARE AND MATERIALS. - -The materials available for download to Licensees may include software in both -sample source code ("Source Code") and object code ("Object Code") versions -(collectively, the “Software”), documentation and other materials (collectively, -these code and materials referred to herein as "Licensed Materials"). Except as -expressly indicated herein, all terms and conditions of this Agreement apply to -all of the Licensed Materials. - -Except as expressly set forth herein, NVIDIA owns all of the Licensed Materials -and makes them available to Licensee only under the terms and conditions set -forth in this Agreement. - -License: Subject to Licensee’s compliance with the terms of this Agreement, -NVIDIA grants to Licensee a nonexclusive, non-transferable, worldwide, -royalty-free, fully paid-up license and right to install, use, reproduce, -display, perform, modify the Source Code of the Software, and to prepare and -have prepared derivative works thereof, and distribute the Software and -derivative works thereof (in object code only) as integrated in Licensee -software products solely for use with supported NVIDIA GPU hardware products as -specified in the accompanying release notes. The following terms apply to the -Licensed Material: - - Derivative Works: Subject to the License Grant Back below, Licensee shall own - any Derivative Works it creates directly to the Source Code that integrates with - Licensee’s software product ("Modification(s)") subject to NVIDIA’s ownership of - the underlying Source Code and all intellectual property rights therein. - - Distribution: Licensee may distribute the Software (in object code form) - integrated with Licensee software products only to Licensee’s authorized - distributors, resellers, and others in Licensee’s distribution chain for - Licensee product and end users and grant to such third party a sublicense to use - the Software 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. - - Limitations: Unless otherwise authorized in the Agreement, Licensee shall not - otherwise assign, sublicense, lease, or in any other way transfer or disclose - Software to any third party. Licensee agrees not to disassemble, decompile or - reverse engineer the Object Code or use or modify any of the Licensed Materials - to enable screen scraping, data scraping, or any other activity with the purpose - of capturing copyright protected content in violation of a third party party’s - intellectual property or other proprietary rights. Licensee shall indemnify - NVIDIA for any and all claims, liabilities, damages, expenses and costs arising - from Licensee’s breach of the foregoing limitations. - - License Grant Back: Licensee hereby grants to NVIDIA and its affiliates a - worldwide, non-exclusive, irrevocable, perpetual, sublicenseable (through - multiple tiers of sublicensees), royalty-free and fully paid-up right and - license to the Modification(s) created by or on behalf of Licensee so that - NVIDIA may copy, modify, create derivatives works thereof, to use, have used, - import, make, have made, sell, offer to sell, sublicense (through multiple tiers - of sublicensees), distribute (through multiple tiers of distributors) such - derivative work(s) on a stand-alone basis or as incorporated into the Licensed - Materials or other related technologies. For the sake of clarity, NVIDIA is not - prohibited or otherwise restricted from independently developing new features or - functionality with respect to the Licensed Materials - - No Other License: No rights or licenses with respect to any proprietary - information or patent, copyright, trade secret or other intellectual property - right owned or controlled by NVIDIA are granted by NVIDIA to Licensee under this - Agreement, expressly or by implication, except as expressly provided in this - Agreement. - -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 (in source code -form); and (b) Your use of the Software 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. - -Intellectual Property Ownership: Except as expressly licensed to Licensee under -this Agreement, NVIDIA reserves all right, title and interest, including but not -limited to all intellectual property rights, in and to the Licensed Materials -and any derivative work(s) made thereto. The algorithms, structure, organization -and Source Code are the valuable trade secrets and confidential information of -NVIDIA. - -Licensee acknowledges and agrees that it is Licensee’s sole responsibility to -obtain any, additional, third party licenses required to make, have made, use, -have used, sell, import, and offer for sale Licensee products that include or -incorporate any third party technology such as operating systems, audio and/or -video encoders and decoders or any technology from, including but not limited -to, Microsoft, Thomson, Fraunhofer IIS, Sisvel S.p.A., MPEG-LA, and Coding -Technologies (“Third Party Technology”). Licensee acknowledges and agrees that -NVIDIA has not granted to Licensee under this Agreement any necessary patent -rights with respect to the Third Party Technology. As such, Licensee’s use of -the Third Party Technology may be subject to further restrictions and terms and -conditions. Licensee acknowledges and agrees that Licensee is solely and -exclusively responsible for obtaining any and all authorizations and licenses -required for the use, distribution and/or incorporation of the Third Party -Technology. - -Licensee shall, at its own expense fully indemnify, hold harmless, defend and/or -settle any claim, suit or proceeding that is asserted by a third party against -NVIDIA and its officers, employees or agents, to the extent such claim, suit or -proceeding arising from or related to Licensee’s failure to fully satisfy and/or -comply with the third party licensing obligations related to the Third Party -Technology (a “Claim”). In the event of a Claim, Licensee agrees to: (a) pay -all damages or settlement amounts, which shall not be finalized without the -prior written consent of NVIDIA, (including other reasonable costs incurred by -NVIDIA, including reasonable attorneys fees, in connection with enforcing this -paragraph); (b) reimburse NVIDIA for any licensing fees and/or penalties -incurred by NVIDIA in connection with a Claim; and (c) immediately -procure/satisfy the third party licensing obligations before using the Software -pursuant to this Agreement. - -Term of Agreement: This Agreement shall become effective from the date of the -initial download and shall remain in effect for one year thereafter, unless -terminated as provided below. Unless either party notifies the other party of -its intent to terminate this Agreement at least thirty (30) days prior to the -end of the Initial Term or the applicable renewal period, this Agreement will be -automatically renewed for one (1) year renewal periods thereafter, unless -terminated in accordance with the “Termination” provision of this Agreement. - -NVIDIA may terminate this Agreement (and with it, all of Licensee’s right to the -Licensed Materials) if (i) Licensee fails to comply with any of the terms and -conditions of this Agreement and if the breach is not cured within thirty (30) -days after notice thereof. Upon expiration or termination of this Agreement -pursuant to this paragraph, Licensee shall immediately cease using the Licensed -Materials and return or destroy or copies thereof in its possession. - -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. - -No Support: NVIDIA has no obligation to support or to continue providing or -updating any of the Licensed Materials. - -No Warranty: THE LICENSED MATERIALS PROVIDED BY NVIDIA TO LICENSEE HEREUNDER -ARE PROVIDED "AS IS." NVIDIA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR -STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, -MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. - -Limitation of Liability: NVIDIA SHALL NOT BE LIABLE TO LICENSEE, LICENSEE’S -CUSTOMERS, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH OR UNDER LICENSEE FOR -ANY LOSS OF PROFITS, INCOME, SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, -SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES (WHETHER IN AN ACTION IN CONTRACT, -TORT OR BASED ON A WARRANTY), EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY -OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF -THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL NVIDIA’S -AGGREGATE LIABILITY TO LICENSEE OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH -OR UNDER LICENSEE EXCEED THE AMOUNT OF MONEY ACTUALLY PAID BY LICENSEE TO NVIDIA -FOR THE LICENSED MATERIALS. - -Applicable Law and Jurisdiction: This Agreement shall be deemed to have been -made in, and shall be construed pursuant to, the laws of the State of Delaware. -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. The United Nations Convention on Contracts for the International Sale -of Goods is specifically disclaimed. - -Feedback: Licensee may, but is not obligated to, provide to NVIDIA any -suggestions, comments and feedback regarding the Licensed Materials that are -delivered by NVIDIA to Licensee under this Agreement (collectively, “Licensee -Feedback”). NVIDIA may use and include any Licensee Feedback that Licensee -voluntarily provides to improve the Licensed Materials or other related NVIDIA -technologies. Accordingly, if Licensee provides Licensee Feedback, Licensee -grants NVIDIA and its licensees a perpetual, irrevocable, worldwide, -royalty-free, fully paid-up license grant to freely use, have used, sell, -modify, reproduce, transmit, license, sublicense (through multiple tiers of -sublicensees), distribute (through multiple tiers of distributors), and -otherwise commercialize the Licensee Feedback in the Licensed Materials or other -related technologies. - -RESTRICTED RIGHTS NOTICE: Licensed Materials 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 license -agreement under which Licensed Materials 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. - -Miscellaneous: 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 is solely between NVIDIA and -Licensee. There are no third party beneficiaries, express or implied, to this -Agreement. 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 Licensed Materials into any country, or use the Licensed Materials -in any manner, prohibited by the United States Bureau of Industry and Security -or any export laws, restrictions or regulations. 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 assignees. |