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<p class="p">NVIDIA CORPORATION</p>
<p class="p">NVIDIA SOFTWARE LICENSE AGREEMENT</p>
<p class="p">IMPORTANT — READ BEFORE DOWNLOADING, INSTALLING, COPYING OR USING THE LICENSED
SOFTWARE
</p>
<p class="p">This Software License Agreement ("SLA"), made and entered into as of the time and date of
click through action ("Effective Date"), is a legal agreement between you and NVIDIA
Corporation ("NVIDIA") and governs the use of the NVIDIA computer software and the
documentation made available for use with such NVIDIA software. By downloading,
installing, copying, or otherwise using the NVIDIA software and/or documentation, you
agree to be bound by the terms of this SLA. If you do not agree to the terms of this
SLA, do not download, install, copy or use the NVIDIA software or documentation. IF YOU
ARE ENTERING INTO THIS SLA ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT
THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE ENTITY TO THIS SLA, IN WHICH CASE "YOU"
WILL MEAN THE ENTITY YOU REPRESENT. IF YOU DON’T HAVE SUCH AUTHORITY, OR IF YOU DON’T
ACCEPT ALL THE TERMS AND CONDITIONS OF THIS SLA, THEN NVIDIA DOES NOT AGREE TO LICENSE
THE LICENSED SOFTWARE TO YOU, AND YOU MAY NOT DOWNLOAD, INSTALL, COPY OR USE IT.
</p>
<p class="p">1. LICENSE.</p>
<p class="p">1.1 <u class="ph u">License Grant.</u> Subject to the terms of the AGREEMENT, NVIDIA hereby grants you
a non-exclusive, non-transferable license, without the right to sublicense (except as
expressly set forth in a Supplement), during the applicable license term unless earlier
terminated as provided below, to have Authorized Users install and use the Software,
including modifications (if expressly permitted in a Supplement), in accordance with the
Documentation. You are only licensed to activate and use Licensed Software for which you
a have a valid license, even if during the download or installation you are presented
with other product options. No Orders are binding on NVIDIA until accepted by NVIDIA.
Your Orders are subject to the AGREEMENT.
</p>
<p class="p"><u class="ph u">SLA Supplements</u>: Certain Licensed Software licensed under this SLA may be subject
to additional terms and conditions that will be presented to you in a Supplement for
acceptance prior to the delivery of such Licensed Software under this SLA and the
applicable Supplement. Licensed Software will only be delivered to you upon your
acceptance of all applicable terms.
</p>
<p class="p">1.2 <u class="ph u">Limited Purpose Licenses</u>. If your license is provided for one of the purposes
indicated below, then notwithstanding contrary terms in Section 1.1 or in a Supplement,
such licenses are for internal use and do not include any right or license to sub-
license and distribute the Licensed Software or its output in any way in any public
release, however limited, and/or in any manner that provides third parties with use of
or access to the Licensed Software or its functionality or output, including (but not
limited to) external alpha or beta testing or development phases. Further:
</p>
<p class="p">(i) <u class="ph u">Evaluation License</u>. You may use evaluation licenses solely for your internal
evaluation of the Licensed Software for broader adoption within your Enterprise or in
connection with a NVIDIA product purchase decision, and such licenses have an expiration
date as indicated by NVIDIA in its sole discretion (or ninety days from the date of
download if no other duration is indicated).
</p>
<p class="p">(ii) <u class="ph u">Educational/Academic License</u>. You may use educational/academic licenses
solely for educational purposes and all users must be enrolled or employed by an
academic institution. If you do not meet NVIDIA's academic program requirements for
educational institutions, you have no rights under this license.
</p>
<p class="p">(iii) <u class="ph u">Test/Development License</u>. You may use test/development licenses solely for
your internal development, testing and/or debugging of your software applications or for
interoperability testing with the Licensed Software, and such licenses have an
expiration date as indicated by NVIDIA in its sole discretion (or one year from the date
of download if no other duration is indicated). NVIDIA Confidential Information under
the AGREEMENT includes output from Licensed Software developer tools identified as "Pro"
versions, where the output reveals functionality or performance data pertinent to NVIDIA
hardware or software products.
</p>
<p class="p">1.3 <u class="ph u">Pre-Release Licenses</u>. With respect to alpha, beta, preview, and other
pre-release Software and Documentation (<strong class="ph b">"Pre- Release Licensed Software"</strong>)
delivered to you under the AGREEMENT you acknowledge and agree that such Pre-Release
Licensed Software (i) may not be fully functional, may contain errors or design flaws,
and may have reduced or different security, privacy, accessibility, availability, and
reliability standards relative to commercially provided NVIDIA software and
documentation, and (ii) use of such Pre-Release Licensed Software may result in
unexpected results, loss of data, project delays or other unpredictable damage or loss.
THEREFORE, PRE-RELEASE LICENSED SOFTWARE IS NOT INTENDED FOR USE, AND SHOULD NOT BE
USED, IN PRODUCTION OR BUSINESS-CRITICAL SYSTEMS. NVIDIA has no obligation to make
available a commercial version of any Pre-Release Licensed Software and NVIDIA has the
right to abandon development of Pre-Release Licensed Software at any time without
liability.
</p>
<p class="p">1.4 <u class="ph u">Enterprise and Contractor Usage</u>. You may allow your Enterprise employees and
Contractors to access and use the Licensed Software pursuant to the terms of the
AGREEMENT solely to perform work on your behalf, provided further that with respect to
Contractors: (i) you obtain a written agreement from each Contractor which contains
terms and obligations with respect to access to and use of Licensed Software no less
protective of NVIDIA than those set forth in the AGREEMENT, and (ii) such Contractor’s
access and use expressly excludes any sublicensing or distribution rights for the
Licensed Software. You are responsible for the compliance with the terms and conditions
of the AGREEMENT by your Enterprise and Contractors. Any act or omission that, if
committed by you, would constitute a breach of the AGREEMENT shall be deemed to
constitute a breach of the AGREEMENT if committed by your Enterprise or Contractors.
</p>
<p class="p">1.5 <u class="ph u">Services</u>. Except as expressly indicated in an Order, NVIDIA is under no
obligation to provide support for the Licensed Software or to provide any patches,
maintenance, updates or upgrades under the AGREEMENT. Unless patches, maintenance,
updates or upgrades are provided with their separate governing terms and conditions,
they constitute Licensed Software licensed to you under the AGREEMENT.
</p>
<p class="p">2. LIMITATIONS.</p>
<p class="p">2.1 <u class="ph u">License Restrictions</u>. Except as expressly authorized in the AGREEMENT, you
agree that you will not (nor authorize third parties to): (i) copy and use Software that
was licensed to you for use in one or more NVIDIA hardware products in other unlicensed
products (provided that copies solely for backup purposes are allowed); (ii) reverse
engineer, decompile, disassemble (except to the extent applicable laws specifically
require that such activities be permitted) or attempt to derive the source code,
underlying ideas, algorithm or structure of Software provided to you in object code
form; (iii) sell, transfer, assign, distribute, rent, loan, lease, sublicense or
otherwise make available the Licensed Software or its functionality to third parties (a)
as an application services provider or service bureau, (b) by operating hosted/virtual
system environments, (c) by hosting, time sharing or providing any other type of
services, or (d) otherwise by means of the internet; (iv) modify, translate or otherwise
create any derivative works of any Licensed Software; (v) remove, alter, cover or
obscure any proprietary notice that appears on or with the Licensed Software or any
copies thereof; (vi) use the Licensed Software, or allow its use, transfer, transmission
or export in violation of any applicable export control laws, rules or regulations;
(vii) distribute, permit access to, or sublicense the Licensed Software as a stand-alone
product; (viii) bypass, disable, circumvent or remove any form of copy protection,
encryption, security or digital rights management or authentication mechanism used by
NVIDIA in connection with the Licensed Software, or use the Licensed Software together
with any authorization code, serial number, or other copy protection device not supplied
by NVIDIA directly or through an authorized reseller; (ix) use the Licensed Software for
the purpose of developing competing products or technologies or assisting a third party
in such activities; (x) use the Licensed Software with any system or application where
the use or failure of such system or application can reasonably be expected to threaten
or result in personal injury, death, or catastrophic loss including, without limitation,
use in connection with any nuclear, avionics, navigation, military, medical, life
support or other life critical application ("Critical Applications"), unless the parties
have entered into a Critical Applications agreement; (xi) distribute any modification or
derivative work you make to the Licensed Software under or by reference to the same name
as used by NVIDIA; or (xii) use the Licensed Software in any manner that would cause the
Licensed Software to become subject to an Open Source License. Nothing in the AGREEMENT
shall be construed to give you a right to use, or otherwise obtain access to, any source
code from which the Software or any portion thereof is compiled or interpreted. You
acknowledge that NVIDIA does not design, test, manufacture or certify the Licensed
Software for use in the context of a Critical Application and NVIDIA shall not be liable
to you or any third party, in whole or in part, for any claims or damages arising from
such use. You agree to defend, indemnify and hold harmless NVIDIA and its Affiliates,
and their respective employees, contractors, agents, officers and directors, from and
against any and all claims, damages, obligations, losses, liabilities, costs or debt,
fines, restitutions and expenses (including but not limited to attorney’s fees and costs
incident to establishing the right of indemnification) arising out of or related to you
and your Enterprise, and their respective employees, contractors, agents, distributors,
resellers, end users, officers and directors use of Licensed Software outside of the
scope of the AGREEMENT or any other breach of the terms of the AGREEMENT.
</p>
<p class="p">2.2 <u class="ph u">Third Party License Obligations</u>. You acknowledge and agree that the Licensed
Software may include or incorporate third party technology (collectively "Third Party
Components"), which is provided for use in or with the Software and not otherwise used
separately. If the Licensed Software includes or incorporates Third Party Components,
then the third-party pass-through terms and conditions ("Third Party Terms") for the
particular Third Party Component will be bundled with the Software or otherwise made
available online as indicated by NVIDIA and will be incorporated by reference into the
AGREEMENT. In the event of any conflict between the terms in the AGREEMENT and the Third
Party Terms, the Third Party Terms shall govern. Copyright to Third Party Components are
held by the copyright holders indicated in the copyright notices indicated in the Third
Party Terms.
</p>
<p class="p"><u class="ph u">Audio/Video Encoders and Decoders</u>. You acknowledge and agree that it is your sole
responsibility to obtain any additional third party licenses required to make, have
made, use, have used, sell, import, and offer for sale your products or services that
include or incorporate any Third Party Components and content relating to audio and/or
video encoders and decoders from, including but not limited to, Microsoft, Thomson,
Fraunhofer IIS, Sisvel S.p.A., MPEG-LA, and Coding Technologies as NVIDIA does not grant
to you under the AGREEMENT any necessary patent or other rights with respect to audio
and/or video encoders and decoders.
</p>
<p class="p">2.3 <u class="ph u">Limited Rights</u>. Your rights in the Licensed Software are limited to those
expressly granted under the AGREEMENT and no other licenses are granted whether by
implication, estoppel or otherwise. NVIDIA reserves all rights, title and interest in
and to the Licensed Software not expressly granted under the AGREEMENT.
</p>
<p class="p"><strong class="ph b">3. CONFIDENTIALITY.</strong> Neither party will use the other party’s Confidential
Information, except as necessary for the performance of the AGREEMENT, nor will either
party disclose such Confidential Information to any third party, except to personnel of
NVIDIA and its Affiliates, you, your Enterprise, your Enterprise Contractors, and each
party’s legal and financial advisors that have a need to know such Confidential
Information for the performance of the AGREEMENT, provided that each such personnel,
employee and Contractor is subject to a written agreement that includes confidentiality
obligations consistent with those set forth herein. Each party will use all reasonable
efforts to maintain the confidentiality of all of the other party's Confidential
Information in its possession or control, but in no event less than the efforts that it
ordinarily uses with respect to its own Confidential Information of similar nature and
importance. The foregoing obligations will not restrict either party from disclosing the
other party's Confidential Information or the terms and conditions of the AGREEMENT as
required under applicable securities regulations or pursuant to the order or requirement
of a court, administrative agency, or other governmental body, provided that the party
required to make such disclosure (i) gives reasonable notice to the other party to
enable it to contest such order or requirement prior to its disclosure (whether through
protective orders or otherwise), (ii) uses reasonable effort to obtain confidential
treatment or similar protection to the fullest extent possible to avoid such public
disclosure, and (iii) discloses only the minimum amount of information necessary to
comply with such requirements.
</p>
<p class="p"><strong class="ph b">4. OWNERSHIP.</strong> You are not obligated to disclose to NVIDIA any modifications that
you, your Enterprise or your Contractors make to the Licensed Software as permitted
under the AGREEMENT. As between the parties, all modifications are owned by NVIDIA and
licensed to you under the AGREEMENT unless otherwise expressly provided in a Supplement.
The Licensed Software and all modifications owned by NVIDIA, and the respective
Intellectual Property Rights therein, are and will remain the sole and exclusive
property of NVIDIA or its licensors, whether the Licensed Software is separate from or
combined with any other products or materials. You shall not engage in any act or
omission that would impair NVIDIA's and/or its licensors' Intellectual Property Rights
in the Licensed Software or any other materials, information, processes or subject
matter proprietary to NVIDIA. NVIDIA's licensors are intended third party beneficiaries
with the right to enforce provisions of the AGREEMENT with respect to their Confidential
Information and/or Intellectual Property Rights.
</p>
<p class="p"><strong class="ph b">5. FEEDBACK.</strong> You have no obligation to provide Feedback to NVIDIA. However,
NVIDIA and/or its Affiliates may use and include any Feedback that you provide to
improve the Licensed Software or other NVIDIA products, technologies or materials.
Accordingly, if you provide Feedback, you agree that NVIDIA and/or its Affiliates, at
their option, may, and may permit their licensees, to make, have made, use, have used,
reproduce, license, distribute and otherwise commercialize the Feedback in the Licensed
Software or in other NVIDIA products, technologies or materials without the payment of
any royalties or fees to you. All Feedback becomes the sole property of NVIDIA and may
be used in any manner NVIDIA sees fit, and you hereby assign to NVIDIA all of your
right, title and interest in and to any Feedback. NVIDIA has no obligation to respond to
Feedback or to incorporate Feedback into the Licensed Software.
</p>
<p class="p"><strong class="ph b">6. NO WARRANTIES.</strong> THE LICENSED SOFTWARE AND ANY OTHER CONFIDENTIAL INFORMATION
AND/OR SERVICES ARE PROVIDED BY NVIDIA "AS IS" AND "WITH ALL FAULTS," AND NVIDIA
EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED
OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF OPERABILITY, CONDITION,
VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY,
SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO
WARRANTY IS MADE BY NVIDIA ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF
TRADE. NVIDIA DOES NOT WARRANT THAT THE LICENSED SOFTWARE OR ANY OTHER CONFIDENTIAL
INFORMATION AND/OR SERVICES PROVIDED BY NVIDIA UNDER THE AGREEMENT WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
ALL ERRORS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT NVIDIA’S OBLIGATIONS UNDER THE
AGREEMENT ARE FOR THE BENEFIT OF YOU ONLY. Nothing in this warranty section affects any
statutory rights of consumers or other recipients to the extent that they cannot be
waived or limited by contract under applicable law.
</p>
<p class="p"><strong class="ph b">7. LIMITATION OF LIABILITY.</strong> TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA OR ITS
LICENSORS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES, OR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR THE
COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THE
AGREEMENT OR THE USE OR PERFORMANCE OF THE LICENSED SOFTWARE AND ANY OTHER CONFIDENTIAL
INFORMATION AND/OR SERVICES PROVIDED BY NVIDIA UNDER THE AGREEMENT, WHETHER SUCH
LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF
LIABILITY. IN NO EVENT WILL NVIDIA’S TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF
THE AGREEMENT EXCEED THE NET AMOUNTS RECEIVED BY NVIDIA FOR YOUR USE OF THE PARTICULAR
LICENSED SOFTWARE DURING THE TWELVE (12) MONTHS BEFORE THE LIABILITY AROSE (or up to
US$10.00 if you acquired the Licensed Software for no charge). THE NATURE OF THE
LIABILITY, THE NUMBER OF CLAIMS OR SUITS OR THE NUMBER OF PARTIES WITHIN YOUR ENTERPRISE
THAT ACCEPTED THE TERMS OF THE AGREEMENT SHALL NOT ENLARGE OR EXTEND THIS LIMIT. THE
FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER NVIDIA OR ITS LICENSORS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY
FAILS ITS ESSENTIAL PURPOSE. The disclaimers, exclusions and limitations of liability
set forth in the AGREEMENT form an essential basis of the bargain between the parties,
and, absent any such disclaimers, exclusions or limitations of liability, the provisions
of the AGREEMENT, including, without limitation, the economic terms, would be
substantially different.
</p>
<p class="p">8. TERM AND TERMINATION.</p>
<p class="p">8.1 <u class="ph u">AGREEMENT, Licenses and Services</u>. This SLA shall become effective upon the
Effective Date, each Supplement upon their acceptance, and both this SLA and Supplements
shall continue in effect until your last access or use of the Licensed Software and/or
services hereunder, unless earlier terminated as provided in this "Term and Termination"
section. Each Licensed Software license ends at the earlier of (a) the expiration of the
applicable license term, or (b) termination of such license or the AGREEMENT. Each
service ends at the earlier of (x) the expiration of the applicable service term, (y)
termination of such service or the AGREEMENT, or (z) expiration or termination of the
associated license and no credit or refund will be provided upon the expiration or
termination of the associated license for any service fees paid.
</p>
<p class="p">8.2 <u class="ph u">Termination and Effect of Expiration or Termination</u>. NVIDIA may terminate the
AGREEMENT in whole or in part: (i) if you breach any term of the AGREEMENT and fail to
cure such breach within thirty (30) days following notice thereof from NVIDIA (or
immediately if you violate NVIDIA's Intellectual Property Rights); (ii) if you become
the subject of a voluntary or involuntary petition in bankruptcy or any proceeding
relating to insolvency, receivership, liquidation or composition for the benefit of
creditors, if that petition or proceeding is not dismissed with prejudice within sixty
(60) days after filing, or if you cease to do business; or (iii) if you commence or
participate in any legal proceeding against NVIDIA, with respect to the Licensed
Software that is the subject of the proceeding during the pendency of such legal
proceeding. If you or your authorized NVIDIA reseller fail to pay license fees or
service fees when due then NVIDIA may, in its sole discretion, suspend or terminate your
license grants, services and any other rights provided under the AGREEMENT for the
affected Licensed Software, in addition to any other remedies NVIDIA may have at law or
equity. Upon any expiration or termination of the AGREEMENT, a license or a service
provided hereunder, (a) any amounts owed to NVIDIA become immediately due and payable,
(b) you must promptly discontinue use of the affected Licensed Software and/or service,
and (c) you must promptly destroy or return to NVIDIA all copies of the affected
Licensed Software and all portions thereof in your possession or control, and each party
will promptly destroy or return to the other all of the other party's Confidential
Information within its possession or control. Upon written request, you will certify in
writing that you have complied with your obligations under this section. Upon expiration
or termination of the AGREEMENT all provisions survive except for the license grant
provisions.
</p>
<p class="p">9. CONSENT TO COLLECTION AND USE OF INFORMATION.</p>
<p class="p">You hereby agree and acknowledge that the Software may access, collect non-personally
identifiable information about your Enterprise computer systems in order to properly
optimize such systems for use with the Software. To the extent that you use the
Software, you hereby consent to all of the foregoing, and represent and warrant that you
have the right to grant such consent. In addition, you agree that you are solely
responsible for maintaining appropriate data backups and system restore points for your
Enterprise systems, and that NVIDIA will have no responsibility for any damage or loss
to such systems (including loss of data or access) arising from or relating to (a) any
changes to the configuration, application settings, environment variables, registry,
drivers, BIOS, or other attributes of the systems (or any part of such systems)
initiated through the Software; or (b) installation of any Software or third party
software patches initiated through the Software. In certain systems you may change your
system update preferences by unchecking "Automatically check for updates" in the
"Preferences" tab of the control panel for the Software.
</p>
<p class="p">In connection with the receipt of the Licensed Software or services you may receive
access to links to third party websites and services and the availability of those links
does not imply any endorsement by NVIDIA. NVIDIA encourages you to review the privacy
statements on those sites and services that you choose to visit so that you can
understand how they may collect, use and share personal information of individuals.
NVIDIA is not responsible or liable for: (i) the availability or accuracy of such links;
or (ii) the products, services or information available on or through such links; or
(iii) the privacy statements or practices of sites and services controlled by other
companies or organizations.
</p>
<p class="p">To the extent that you or members of your Enterprise provide to NVIDIA during
registration or otherwise personal information, you acknowledge that such information
will be collected, used and disclosed by NVIDIA in accordance with NVIDIA's privacy
policy, available at URL <a class="xref" href="http://www.nvidia.com/object/privacy_policy.html" target="_blank" shape="rect">http://www.nvidia.com/object/privacy_policy.html</a>.
</p>
<p class="p">10. GENERAL.</p>
<p class="p">This SLA, any Supplements incorporated hereto, and Orders constitute the entire agreement
of the parties with respect to the subject matter hereto and supersede all prior
negotiations, conversations, or discussions between the parties relating to the subject
matter hereto, oral or written, and all past dealings or industry custom. Any additional
and/or conflicting terms and conditions on purchase order(s) or any other documents
issued by you are null, void, and invalid. Any amendment or waiver under the AGREEMENT
must be in writing and signed by representatives of both parties.
</p>
<p class="p">The AGREEMENT and the rights and obligations thereunder may not be assigned by you, in
whole or in part, including by merger, consolidation, dissolution, operation of law, or
any other manner, without written consent of NVIDIA, and any purported assignment in
violation of this provision shall be void and of no effect. NVIDIA may assign, delegate
or transfer the AGREEMENT and its rights and obligations hereunder, and if to a
non-Affiliate you will be notified.
</p>
<p class="p">Each party acknowledges and agrees that the other is an independent contractor in the
performance of the AGREEMENT, and each party is solely responsible for all of its
employees, agents, contractors, and labor costs and expenses arising in connection
therewith. The parties are not partners, joint ventures or otherwise affiliated, and
neither has any authority to make any statements, representations or commitments of any
kind to bind the other party without prior written consent.
</p>
<p class="p">Neither party will be responsible for any failure or delay in its performance under the
AGREEMENT (except for any payment obligations) to the extent due to causes beyond its
reasonable control for so long as such force majeure event continues in effect.
</p>
<p class="p">The AGREEMENT will be governed by and construed under the laws of the State of Delaware
and the United States without regard to the conflicts of law provisions thereof and
without regard to the United Nations Convention on Contracts for the International Sale
of Goods. The parties consent to the personal jurisdiction of the federal and state
courts located in Santa Clara County, California. You acknowledge and agree that a
breach of any of your promises or agreements contained in the AGREEMENT may result in
irreparable and continuing injury to NVIDIA for which monetary damages may not be an
adequate remedy and therefore NVIDIA is entitled to seek injunctive relief as well as
such other and further relief as may be appropriate. If any court of competent
jurisdiction determines that any provision of the AGREEMENT is illegal, invalid or
unenforceable, the remaining provisions will remain in full force and effect. Unless
otherwise specified, remedies are cumulative.
</p>
<p class="p">The Licensed Software has been developed entirely at private expense and is "commercial
items" consisting of "commercial computer software" and "commercial computer software
documentation" 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 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.
</p>
<p class="p">You acknowledge that the Licensed Software described under the AGREEMENT is subject to
export control under the U.S. Export Administration Regulations (EAR) and economic
sanctions regulations administered by the U.S. Department of Treasury’s Office of
Foreign Assets Control (OFAC). Therefore, you may not export, reexport or transfer
in-country the Licensed Software without first obtaining any license or other approval
that may be required by BIS and/or OFAC. You are responsible for any violation of the
U.S. or other applicable export control or economic sanctions laws, regulations and
requirements related to the Licensed Software. By accepting this SLA, you confirm that
you are not a resident or citizen of any country currently embargoed by the U.S. and
that you are not otherwise prohibited from receiving the Licensed Software.
</p>
<p class="p">Any notice delivered by NVIDIA to you under the AGREEMENT will be delivered via mail,
email or fax. Please direct your legal notices or other correspondence to NVIDIA
Corporation, 2701 San Tomas Expressway, Santa Clara, California 95050, United States of
America, Attention: Legal Department.
</p>
<p class="p">GLOSSARY OF TERMS</p>
<p class="p">Certain capitalized terms, if not otherwise defined elsewhere in this SLA, shall have the
meanings set forth below:
</p>
<p class="p">a. "<u class="ph u">Affiliate</u>" means any legal entity that Owns, is Owned by, or is commonly Owned
with a party. "Own" means having more than 50% ownership or the right to direct the
management of the entity.
</p>
<p class="p">b. "<u class="ph u">AGREEMENT</u>" means this SLA and all associated Supplements entered by the
parties referencing this SLA.
</p>
<p class="p">c. "<u class="ph u">Authorized Users</u>" means your Enterprise individual employees and any of your
Enterprise's Contractors, subject to the terms of the "Enterprise and Contractors Usage"
section.
</p>
<p class="p">d. "<u class="ph u">Confidential Information</u>" means the Licensed Software (unless made publicly
available by NVIDIA without confidentiality obligations), and any NVIDIA business,
marketing, pricing, research and development, know-how, technical, scientific, financial
status, proposed new products or other information disclosed by NVIDIA to you which, at
the time of disclosure, is designated in writing as confidential or proprietary (or like
written designation), or orally identified as confidential or proprietary or is
otherwise reasonably identifiable by parties exercising reasonable business judgment, as
confidential. Confidential Information does not and will not include information that:
(i) is or becomes generally known to the public through no fault of or breach of the
AGREEMENT by the receiving party; (ii) is rightfully known by the receiving party at the
time of disclosure without an obligation of confidentiality; (iii) is independently
developed by the receiving party without use of the disclosing party's Confidential
Information; or (iv) is rightfully obtained by the receiving party from a third party
without restriction on use or disclosure.
</p>
<p class="p">e. "<u class="ph u">Contractor</u>" means an individual who works primarily for your Enterprise on a
contractor basis from your secure network.
</p>
<p class="p">f. "<u class="ph u">Documentation</u>" means the NVIDIA documentation made available for use with the
Software, including (without limitation) user manuals, datasheets, operations
instructions, installation guides, release notes and other materials provided to you
under the AGREEMENT.
</p>
<p class="p">g. "<u class="ph u">Enterprise</u>" means you or any company or legal entity for which you accepted
the terms of this SLA, and their subsidiaries of which your company or legal entity owns
more than fifty percent (50%) of the issued and outstanding equity.
</p>
<p class="p">h. "<u class="ph u">Feedback</u>" means any and all suggestions, feature requests, comments or other
feedback regarding the Licensed Software, including possible enhancements or
modifications thereto.
</p>
<p class="p">i. "<u class="ph u">Intellectual Property Rights</u>" means all patent, copyright, trademark, trade
secret, trade dress, trade names, utility models, mask work, moral rights, rights of
attribution or integrity service marks, master recording and music publishing rights,
performance rights, author's rights, database rights, registered design rights and any
applications for the protection or registration of these rights, or other intellectual
or industrial property rights or proprietary rights, howsoever arising and in whatever
media, whether now known or hereafter devised, whether or not registered, (including all
claims and causes of action for infringement, misappropriation or violation and all
rights in any registrations and renewals), worldwide and whether existing now or in the
future.
</p>
<p class="p">j. "<u class="ph u">Licensed Software</u>" means Software, Documentation and all modifications owned
by NVIDIA.
</p>
<p class="p">k. "<u class="ph u">Open Source License</u>" includes, without limitation, a software license that
requires as a condition of use, modification, and/or distribution of such software that
the Software be (i) disclosed or distributed in source code form; (ii) be licensed for
the purpose of making derivative works; or (iii) be redistributable at no charge.
</p>
<p class="p">l. "<u class="ph u">Order</u>" means a purchase order issued by you, a signed purchase agreement with
you, or other ordering document issued by you to NVIDIA or a NVIDIA authorized reseller
(including any on-line acceptance process) that references and incorporates the
AGREEMENT and is accepted by NVIDIA.
</p>
<p class="p">m. "<u class="ph u">Software</u>" means the NVIDIA software programs licensed to you under the
AGREEMENT including, without limitation, libraries, sample code, utility programs and
programming code.
</p>
<p class="p">n. "<u class="ph u">Supplement</u>" means the additional terms and conditions beyond those stated in
this SLA that apply to certain Licensed Software licensed hereunder.
</p>
</div>
</div>
<div class="topic nested0" id="third_party_licenses"><a name="third_party_licenses" shape="rect">
<!-- --></a><h2 class="title topictitle1"><a href="#third_party_licenses" name="third_party_licenses" shape="rect">Third Party Licenses</a></h2>
<div class="body">
<p class="p"></p>
</div>
<div class="topic nested1" id="license_attribution__microsoft_detours"><a name="license_attribution__microsoft_detours" shape="rect">
<!-- --></a><h3 class="title topictitle2"><a href="#license_attribution__microsoft_detours" name="license_attribution__microsoft_detours" shape="rect">Microsoft Detours</a></h3>
<div class="body">
<p class="p">Microsoft Detours is used under the Professional license (<a class="xref" href="http://research.microsoft.com/en-us/projects/detours/" target="_blank" shape="rect">http://research.microsoft.com/en-us/projects/detours/</a>).
</p>
<p class="p">NVIDIA agrees to include in all copies of the NVIDIA Applications a proprietary
rights notice that includes a reference to Microsoft software being included in such
applications. NVIDIA shall not remove or obscure, but shall retain in the Software,
any copyright, trademark, or patent notices that appear in the Software.
</p>
</div>
</div>
<div class="topic nested1" id="license_attribution__protobuf"><a name="license_attribution__protobuf" shape="rect">
<!-- --></a><h3 class="title topictitle2"><a href="#license_attribution__protobuf" name="license_attribution__protobuf" shape="rect">Protobuf</a></h3>
<div class="body">
<p class="p">Copyright © 2014, Google Inc. All rights reserved.</p>
<p class="p">Redistribution and use in source and binary forms, with or without modification, are
permitted provided that the following conditions are met:
</p>
<div class="p"><a name="license_attribution__protobuf__ul_vzr_dzk_wfb" shape="rect">
<!-- --></a><ul class="ul" id="license_attribution__protobuf__ul_vzr_dzk_wfb">
<li class="li">Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
</li>
<li class="li">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.
</li>
<li class="li">Neither the name of Google Inc. nor the names of its contributors may be
used to endorse or promote products derived from this software without
specific prior written permission.
</li>
</ul>
</div>
<p class="p">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.
</p>
<p class="p">Code generated by the Protocol Buffer compiler is owned by the owner of the input
file used when generating it. This code is not standalone and requires a support
library to be linked with it. This support library is itself covered by the above
license.
</p>
</div>
</div>
<div class="topic nested1" id="license_attribution__libbacktrace"><a name="license_attribution__libbacktrace" shape="rect">
<!-- --></a><h3 class="title topictitle2"><a href="#license_attribution__libbacktrace" name="license_attribution__libbacktrace" shape="rect">libbacktrace</a></h3>
<div class="body">
<p class="p"> Copyright (C) 2012-2016 Free Software Foundation, Inc. </p>
<p class="p"> Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
</p>
<p class="p"> (1) Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
</p>
<p class="p"> (2) 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.
</p>
<p class="p"> (3) The name of the author may not be used to
endorse or promote products derived from this software without
specific prior written permission.
</p>
<p class="p"> 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.
</p>
</div>
</div>
</div>
<div class="topic concept nested0" id="notices-header"><a name="notices-header" shape="rect">
<!-- --></a><h2 class="title topictitle1"><a href="#notices-header" name="notices-header" shape="rect">Notices</a></h2>
<div class="topic reference nested1" id="notice"><a name="notice" shape="rect">
<!-- --></a><h3 class="title topictitle2"><a href="#notice" name="notice" shape="rect"></a></h3>
<div class="body refbody">
<div class="section">
<h3 class="title sectiontitle">Notice</h3>
<p class="p">ALL NVIDIA DESIGN SPECIFICATIONS, REFERENCE BOARDS, FILES, DRAWINGS, DIAGNOSTICS, LISTS, AND OTHER DOCUMENTS (TOGETHER AND
SEPARATELY, "MATERIALS") ARE BEING PROVIDED "AS IS." NVIDIA MAKES NO WARRANTIES, EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE
WITH RESPECT TO THE MATERIALS, AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE.
</p>
<p class="p">Information furnished is believed to be accurate and reliable. However, NVIDIA Corporation assumes no responsibility for the
consequences of use of such information or for any infringement of patents or other rights of third parties that may result
from its use. No license is granted by implication of otherwise under any patent rights of NVIDIA Corporation. Specifications
mentioned in this publication are subject to change without notice. This publication supersedes and replaces all other information
previously supplied. NVIDIA Corporation products are not authorized as critical components in life support devices or systems
without express written approval of NVIDIA Corporation.
</p>
</div>
</div>
</div>
<div class="topic reference nested1" id="trademarks"><a name="trademarks" shape="rect">
<!-- --></a><h3 class="title topictitle2"><a href="#trademarks" name="trademarks" shape="rect"></a></h3>
<div class="body refbody">
<div class="section">
<h3 class="title sectiontitle">Trademarks</h3>
<p class="p">NVIDIA and the NVIDIA logo are trademarks or registered trademarks of NVIDIA Corporation
in the U.S. and other countries. Other company and product names may be trademarks of
the respective companies with which they are associated.
</p>
</div>
</div>
</div>
<div class="topic reference nested1" id="copyright-past-to-present"><a name="copyright-past-to-present" shape="rect">
<!-- --></a><h3 class="title topictitle2"><a href="#copyright-past-to-present" name="copyright-past-to-present" shape="rect"></a></h3>
<div class="body refbody">
<div class="section">
<h3 class="title sectiontitle">Copyright</h3>
<p class="p">© <span class="ph">2019</span>-<span class="ph">2024</span> NVIDIA
Corporation and affiliates. All rights reserved.
</p>
<p class="p">This product includes software developed by the Syncro Soft SRL (http://www.sync.ro/).</p>
</div>
</div>
</div>
</div>
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