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diff --git a/licenses/NVIDIA-CUDA b/licenses/NVIDIA-CUDA new file mode 100644 index 000000000..309815fb9 --- /dev/null +++ b/licenses/NVIDIA-CUDA @@ -0,0 +1,2127 @@ +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. 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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. 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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. 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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. + +------------------------------------------------------------- |