license file

NVIDIA-NPP (text/plain), 13.49 KB, created by Andreas K. Hüttel on 2011-05-14 18:20:10 UTC

License Agreement for NVIDIA Performance Primitives Library

IMPORTANT NOTICE -- READ CAREFULLY: This License Agreement ("License") for 
NVIDIA Performance Primitives Library, including computer software and 
associated documentation (“Software”), is the LICENSE 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 LICENSE. If You 
do not agree to the terms of this LICENSE, do not download the SOFTWARE. 
 

RECITALS 

Use of NVIDIA's products requires three elements: the SOFTWARE, the NVIDIA GPU,
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 document. The hardware is protected by 
various patents, and is sold, but this LICENSE does not cover that sale, since 
it may not necessarily be sold as a package with the SOFTWARE. This LICENSE 
sets forth the terms and conditions of the SOFTWARE LICENSE only. 


1. DEFINITIONS 

1.1 Licensee.  “Licensee,” “You,” or “Your” shall mean the entity or individual
that downloads and uses the SOFTWARE. 

2. GRANT OF LICENSE 

2.1 Rights and Limitations of Grant. NVIDIA hereby grants Licensee the 
following non-exclusive, non-transferable, non-sublicensable (except as stated 
otherwise below) right to use the SOFTWARE, with the following limitations: 

2.1.1 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.

2.1.2 Source Code Rights:  Developer shall have the right to modify and create 
derivative works with the sample source code (“Source Code”) provided in 
connection with the Software.  Developer shall own any derivative works (
"Derivatives") it creates to the Source Code, provided that Developer uses the 
Source Code and derivative works thereof in accordance with the terms and 
conditions of this Agreement.  Developer may distribute their derivative works 
of the Source Code, provided that all NVIDIA copyright notices and trademarks 
are used properly and such derivative works include the following statement: 
"This software contains source code provided by NVIDIA Corporation."  

2.1.3 Object Code:  Developer agrees not to disassemble, decompile or reverse 
engineer the Object Code versions of any of the Software.  Developer 
acknowledges that certain of the Software provided in Object Code version may 
contain third party components that may be subject to restrictions, and 
expressly agrees not to attempt to modify or distribute such Software without 
first receiving consent from NVIDIA.

2.1.4 Redistribution Rights. Licensee may, transfer, redistribute and 
sublicense certain files of the SOFTWARE, as referenced in Attachment A of this
Agreement; provided, however Licensee shall only install such files into a 
private (non-shared) directory location that is used only by Licensee’s 
product.    

2.1.5 Linux/FreeBSD Exception. Notwithstanding the foregoing terms of Section 
2.1.1, 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). 

2.1.6 Limitations. 
No Reverse Engineering. 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. 

3. TERMINATION 

This LICENSE 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 LICENSE 
during the pendency of such legal proceedings. 

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 
LICENSE 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 license 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

5. APPLICABLE LAW 

This LICENSE 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. 

6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY 

6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE 
SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS DISCLAIM ALL 
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED 
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 

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.

6.3 No Support.  NVIDIA has no obligation to support or to provide any updates 
of the Software. 

7. MISCELLANEOUS 

7.1 Feedback. In the event Licensee contacts NVIDIA to request Feedback (as 
defined below) on how to design, implement, or optimize Licensee’s product for 
use with the SOFTWARE, the following terms and conditions apply the Feedback:

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 code form (“Feedback”), relating to (i) the SOFTWARE; 
(ii) Licensee’s products; (iii) Licensee’s use of the SOFTWARE; or (iv) 
optimization of  Licensee’s product with the SOFTWARE.  In the event either 
party provides Feedback to the other party, the party receiving the Feedback 
may use and include 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.
  
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 (i) Feedback provided by Licensee to 
NVIDIA; (ii) Licensee’s products; or (c) Licensee’s confidential information 
voluntarily provided to NVIDIA, in connection with the Feedback.  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.

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 AND FITNESS FOR A PARTICULAR PURPOSE.  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.

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.

5. 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 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.

6. 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.


7.2 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 LICENSE 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 LICENSE 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. 


ATTACHMENT A

Redistributable Components


The following files may be redistributed with software applications developed 
by Licensee.

NPP headers     npp.h, nppcore.h,
                nppdefs.h, nppi.h,
                nppversion.h

Windows         npp.lib,
                npp32_32_16.dll,
                npp64_32_16.dll,

MacOS           libnpp32.3.2.dylib,
                libnpp64.3.2.dylib,
                        
Linux           libnpp64.so.3.2.16,
                libnpp32.so.3.2.16,

The following terms and conditions apply to Licensee’s use of the components 
listed above (“Redistributable Components”) of the SOFTWARE: 

1. Customer may transfer, redistribute or sublicense, the license rights 
pursuant to Section 2.1.1 of this Agreement in connection with the 
Redistributable Components to end users of Licensee’s products.