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authorAndreas K. Hüttel <dilfridge@gentoo.org>2011-05-15 16:35:13 +0000
committerAndreas K. Hüttel <dilfridge@gentoo.org>2011-05-15 16:35:13 +0000
commit082f0a594f72a3add58bf86f12b01f28c1e52ee3 (patch)
treea8b371805f95c2edd7adf6c3e885583b4233de50 /licenses
parentAdd calligra options to the USE_EXPAND and enable all of them by default. (diff)
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Add license for NVidia Performance Primitives library
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+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.