Natural Language Processing (NLP) Plugin 2.2.1 Acknowledgments
The Decipher IDP Natural Language Processing (NLP) plugin includes a number of third-party classes and components which are referenced by the platform and this document records the items that are included and their respective licenses. Open source components will only be adopted on a permissive license basis and there are no copyleft licenses as part of our third-party arrangements.
This document contains the following sections:
Natural Language Processing (NLP) Plugin Components
The following components are embedded in the product:
absl-py
Version |
0.15.0 |
Copyright |
The Abseil Authors |
License |
Apache 2.0 |
Albert
Version |
2 |
Copyright |
Copyright 2018 The Google AI Team Authors |
License |
Apache 2.0 |
appdirs
Version |
1.4.4 |
Copyright |
Trent Mick |
License |
MIT License |
astunparse
Version |
1.6.3 |
Copyright |
Simon Percivall |
License |
BSD 3-Clause |
cached-property
Version |
1.5.2 |
Copyright |
Daniel Greenfeld |
License |
BSD 3-Clause |
cachetools
Version |
5.3.0 |
Copyright |
Thomas Kemmer |
License |
MIT License |
Cereal
Version |
1.2.2 |
Copyright |
Copyright 2006 Nemanja Trifunovic |
License |
BSD 3-Clause |
certifi
Version |
2022.12.7 |
Copyright |
Kenneth Reitz |
License |
Microsoft Public License (MS-PL) |
charset-normalizer
Version |
3.0.1 |
Copyright |
Ahmed TAHRI |
License |
MIT License |
Cython
Version |
v0.29.13 |
Copyright |
Copyright Cython Developers |
License |
Apache 2.0 |
flatbuffers
Version |
1.12 |
Copyright |
Derek Bailey |
License |
Apache 2.0 |
gast
Version |
0.4.0 |
Copyright |
serge-sans-paille |
License |
BSD 3-Clause |
google-auth
Version |
2.16.0 |
Copyright |
Google Cloud Platform |
License |
Apache 2.0 |
google-auth-oauthlib
Version |
0.4.6 |
Copyright |
Google Cloud Platform |
License |
Apache 2.0 |
google-pasta
Version |
0.2.0 |
Copyright |
Nick Smith |
License |
Apache 2.0 |
grpcio
Version |
1.34.1 |
Copyright |
The gRPC Authors |
License |
Apache 2.0 |
h5py
Version |
3.1.0 |
Copyright |
Andrew Collette |
License |
BSD 3-Clause |
idna 3.4
Version |
3.4 |
Copyright |
Andrew Collette |
License |
BSD 3-Clause |
importlib-metadata
Version |
6.0.0 |
Copyright |
Jason R. Coombs |
License |
Apache 2.0 |
keras-nightly
Version |
2.5.0 |
Copyright |
Google Inc. |
License |
Apache 2.0 |
Keras-Preprocessing
Version |
1.1.2 |
Copyright |
Keras Team |
License |
MIT License |
Mako
Version |
1.2.4 |
Copyright |
Mike Bayer |
License |
MIT License |
Markdown
Version |
3.4.1 |
Copyright |
Manfred Stienstra, Yuri takhteyev and Waylan limberg |
License |
BSD 3-Clause |
MarkupSafe
Version |
2.1.2 |
Copyright |
Armin Ronacher |
License |
BSD 3-Clause |
Microsoft VC++ Redistributable
Version |
14.13 |
Copyright |
© Microsoft Corporation. All rights reserved. |
License |
Microsoft Visual Studio Enterprise 2017, Visual Studio Professional 2017, Visual Studio Test Professional 2017 and Trial Edition |
Numpy
Version |
1.19.1 |
Copyright |
Copyright NumPy community |
License |
BSD 3-Clause |
numpy
Version |
1.19.5 |
Copyright |
Travis E. Oliphant et al. |
License |
BSD 3-Clause |
NVIDIA CUDA Toolkit
Distributable Files: cublas64_11.dll, cublasLt64_11.dll, cudart64_110.dll, cufft64_10.dll, curand64_10.dll, cusolver64_11.dll, cusparse64_11.dll
Version |
11.2.72 |
Copyright |
NVIDIA |
License |
NVIDIA Software License Agreement and CUDA Supplement to Software License Agreement |
NVIDIA Deep Learning cuDNN
Distrubtable Files: cudnn64_8.dll
Version |
8.1.0 |
Copyright |
NVIDIA |
License |
License Agreement for NVIDIA Software Development Kits |
oauthlib
Version |
3.2.2 |
Copyright |
The OAuthlib Community |
License |
BSD 3-Clause |
opt-einsum
Version |
3.3.0 |
Copyright |
Daniel Smith |
License |
MIT License |
pip
Version |
23.0 |
Copyright |
The pip developers |
License |
MIT License |
platformdirs
Version |
2.6.1 |
Copyright |
The platformdirs developers |
License |
MIT License |
protobuf
Version |
3.20.3 |
Copyright |
|
License |
BSD 3-Clause |
pyasn1
Version |
0.4.8 |
Copyright |
Ilya Etingof |
License |
BSD 3-Clause |
pyasn1-modules
Version |
0.2.8 |
Copyright |
Ilya Etingof |
License |
BSD 2-Clause |
pycuda
Version |
2022.1 |
Copyright |
Andreas Kloeckner |
License |
MIT License |
Python
Version |
3.7 |
Copyright |
Copyright (c) 2001-2021 Python Software Foundation; |
License |
Python Software Foundation (PSF) License |
pytools
Version |
2022.1.4 |
Copyright |
Andreas Kloeckner |
License |
MIT License |
regex
Version |
2022.10.31 |
Copyright |
Matthew Barnett |
License |
Apache 2.0 |
requests
Version |
2.28.2 |
Copyright |
Kenneth Reitz |
License |
Apache 2.0 |
requests-oauthlib
Version |
1.3.1 |
Copyright |
Kenneth Reitz |
License |
ISC License (ISC) |
rsa
Version |
4.9 |
Copyright |
Sybren A. Stüvel |
License |
Apache 2.0 |
sentencepiece
Version |
0.1.97 |
Copyright |
Taku Kudo |
License |
Apache 2.0 |
setuptools
Version |
41.2.0 |
Copyright |
Python Packaging Authority |
License |
MIT License |
six
Version |
1.15.0 |
Copyright |
Benjamin Peterson |
License |
MIT License |
tensorboard
Version |
2.11.2 |
Copyright |
Google Inc. |
License |
Apache 2.0 |
tensorboard-data-server
Version |
0.6.1 |
Copyright |
Google Inc. |
License |
Apache 2.0 |
tensorboard-plugin-wit
Version |
1.8.1 |
Copyright |
Google Inc. |
License |
Apache 2.0 |
TensorFlow
Version |
1.9 |
Copyright |
Copyright The TensorFlow Authors |
License |
Apache 2.0 |
tensorflow
Version |
2.5.3 |
Copyright |
Google Inc. |
License |
Apache 2.0 |
tensorflow-estimator
Version |
2.5.0 |
Copyright |
Google Inc. |
License |
Apache 2.0 |
termcolor
Version |
1.1.0 |
Copyright |
Yan Wenjun |
License |
MIT License |
typing-extensions
Version |
3.7.4.3 |
Copyright |
Guido van Rossum, Jukka Lehtosalo, Lukasz Langa, Michael Lee |
License |
Python Software Foundation (PSF) License |
urllib3
Version |
1.26.14 |
Copyright |
Andrey Petrov |
License |
MIT License |
UTF8-CPP
Version |
v2.1 |
Copyright |
Copyright 2006 Nemanja Trifunovic |
License |
Boost Software License |
Werkzeug
Version |
2.2.2 |
Copyright |
Armin Ronacher |
License |
BSD 3-Clause |
wheel
Version |
0.38.4 |
Copyright |
Daniel Holth |
License |
MIT License |
Windows SDK
Version |
10.0.10586.788 |
Copyright |
© Microsoft Corporation. All rights reserved. |
License |
Microsoft Windows Software Development Kit (SDK) For Windows 10 |
wrapt
Version |
1.12.1 |
Copyright |
Graham Dumpleton |
License |
BSD 3-Clause |
zipp
Version |
3.12.0 |
Copyright |
Jason R. Coombs |
License |
MIT License |
Referenced Licenses
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http://www.apache.org/licenses/
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b. Distribution Requirements. For any Distributable Code you distribute, you must:
- add significant primary functionality to it in your applications;
- require distributors and external end users to agree to terms that protect the Distributable Code at least as much as this agreement; and
- indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your applications, except to the extent that any claim is based solely on the Distributable Code.
c. Distribution Restrictions. You may not:
- use Microsoft’s trademarks in your applications’ names or in a way that suggests your applications come from or are endorsed by Microsoft; or
- modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution of code, that (i) it be disclosed or distributed in source code form; or (ii) others have the right to modify it.
5. DATA.
a. Data Collection. The software may collect information about you and your use of the software, and send that to Microsoft. Microsoft may use this information to provide services and improve our products and services. You may opt-out of many of these scenarios, but not all, as described in the product documentation. There are also some features in the software that may enable you and Microsoft to collect data from users of your applications. If you use these features, you must comply with applicable law, including providing appropriate notices to users of your applications together with Microsoft’s privacy statement. Our privacy statement is located at https://go.microsoft.com/fwlink/?LinkID=824704. You can learn more about data collection and use in the help documentation and our privacy statement. Your use of the software operates as your consent to these practices.
b. Processing of Personal Data. To the extent Microsoft is a processor or subprocessor of personal data in connection with the software, Microsoft makes the commitments in the European Union General Data Protection Regulation Terms of the Online Services Terms to all customers effective May 25, 2018, at http://go.microsoft.com/?linkid=9840733.
6. 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, or otherwise attempt to derive the source code for the software, except and to the extent required by third party licensing terms governing use of certain open source components that may be included in the software;
- remove, minimize, block or modify any notices of Microsoft or its suppliers in the software;
- use the software in any way that is against the law;
- share, publish, rent or lease the software, or provide the software as a stand-alone offering for others to use.
7. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
8. NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for Resale.”
9. RIGHTS TO USE OTHER VERSIONS AND LOWER EDITIONS. You may use the software and any prior version on any device. You may create, store, install, run, or access in place of the version licensed, a copy or instance of a prior version, different permitted language version, or lower edition.
10. PROOF OF LICENSE. If you acquired the software on a disc or other media, your proof of license is the Microsoft certificate of authenticity label, the accompanying product key, and your receipt. If you purchased an online copy of the software, your proof of license is the Microsoft product key you received with your purchase and your receipt and/or being able to access the software service through your Microsoft account. To identify genuine Microsoft software, see www.howtotell.com.
11. TRANSFER TO A THIRD PARTY. If you are a valid licensee of the software, you may transfer it and this agreement directly to another party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The transfer must include the software, genuine Microsoft product key, and (if applicable) the Proof of License label. The transferor must uninstall all copies of the software after transferring it from the device. The transferor may not retain any copies of the genuine Microsoft product key to be transferred, and may only retain copies of the software if otherwise licensed to do so. If you have acquired a non-perpetual license to use the software or if the software is marked Not for Resale you may not transfer the software or the software license agreement to another party.
12. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit www.microsoft.com/exporting. 13. SUPPORT. Microsoft provides support for the software as described at https://support.microsoft.com.
14. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements, updates, Internet-based services and support services, are the entire agreement for the software and support services.
15. APPLICABLE LAW. If you acquired the software in the United States, Washington State law applies to interpretation of and claims for breach of this agreement, and the laws of the state where you live apply to all other claims. If you acquire the software in any other country, its laws apply.
16. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. Separate and apart from your relationship with Microsoft, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or if mandatory country law applies, then the following provisions apply to you:
a) Australia. References to “Limited Warranty” mean the express warranty provided by Microsoft or the manufacturer or installer. This warranty is in addition to other rights and remedies you may have under law, including your rights and remedies under the statutory guarantees in the Australian Consumer Law.
In this section, “goods” refers to the software for which Microsoft or the manufacturer or installer provides the express warranty. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
b) Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.
Germany and Austria.
(i) Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany it. However, Microsoft gives no contractual guarantee in relation to the software.
(ii) Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, and death or personal or physical injury, Microsoft is liable according to the statutory law.
Subject to the foregoing clause (ii), Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, Microsoft will not be liable for slight negligence.
17. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) 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 state or country may not allow the exclusion or limitation of incidental, consequential or other damages.
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the Microsoft materials that you receive in or with the software.
References to “limited warranty” are references to the express warranty provided by Microsoft. This warranty is given in addition to other rights and remedies you may have under law, including your rights and remedies in accordance with the statutory guarantees under local Consumer Law.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder of the warranty will apply to the recipient.
TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoft’s reasonable control.
D. REMEDY FOR BREACH OF WARRANTY. MICROSOFT WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE IT, MICROSOFT WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO MICROSOFT WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.
E. CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.
WARRANTY PROCEDURES. You need proof of purchase for warranty service.
1. United States and Canada. For warranty service or information about how to obtain a refund for software acquired in the United States and Canada, contact Microsoft at:
- (800) MICROSOFT;
- Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or
- visit (aka.ms/nareturns).
2. Europe, Middle East, and Africa. If you acquired the software in Europe, the Middle East, or Africa, Microsoft Ireland Operations Limited makes this limited warranty. To make a claim under this warranty, you should contact either:
- Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland; or
- the Microsoft affiliate serving your country (see aka.ms/msoffices).
3. Australia. For Warranty Services and to claim expenses in relation to the warranty (if applicable) for software acquired in Australia, contact Microsoft at:
- 13 20 58; or
- Microsoft Pty Ltd, 1 Epping Road, North Ryde NSW 2113, Australia.
4. Outside the United States, Canada, Europe, Middle East, Africa, and Australia. If you acquired the software outside the United States, Canada, Europe, the Middle East, Africa, and Australia, contact the Microsoft affiliate serving your country (see aka.ms/msoffices).
G. NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM MICROSOFT. MICROSOFT GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, MICROSOFT EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.
FOR AUSTRALIA ONLY. References to “Limited Warranty” are references to the warranty provided by Microsoft. This warranty is given in addition to other rights and remedies you may have under law, including your rights and remedies in accordance with the statutory guarantees under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Goods presented for repair may be replaced by refurbished goods of the same type rather than being replaced. Refurbished parts may be used to repair the goods.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.
https://marketplace.visualstudio.com/items/WinML.mlgen/license
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. As described below, using some features also operates as your consent to the transmission of certain standard computer information for Internet-based services.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
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a. You may install and use any number of copies of the software on your devices to design, develop and test your programs that run on a Microsoft operating system. Further, you may install, use and/or deploy via a network management system or as part of a desktop image, any number of copies of the software on computer devices within your internal corporate network to design, develop and test your programs that run on a Microsoft operating system. Each copy must be complete, including all copyright and trademark notices. You must require end users to agree to terms that protect the software as much as these license terms. b. Utilities. The software contains certain components that are identified in the Utilities List located at http://go.microsoft.com/fwlink/?LinkId=524839. Depending on the specific edition of the software, the number of Utility files you receive with the software may not be equal to the number of Utilities listed in the Utilities List. Except as otherwise provided on the Utilities List for specific files, you may copy and install the Utilities you receive with the software on to other third party machines. These Utilities may only be used to debug and deploy your programs and databases you have developed with the software. You must delete all the Utilities installed onto a third party machine within the earlier of (i) when you have finished debugging or deploying your programs; or (ii) thirty (30) days after installation of the Utilities onto that machine. We may add additional files to this list from time to time. c. Build Services and Enterprise Build Servers. You may install and use any number of copies of the software onto your build machines or servers, solely for the purpose of: i. Compiling, building, verifying and archiving your programs; ii. Creating and configuring build systems internal to your organization to support your internal build environment; or iii. Enabling a service for third parties to design, develop and test programs or services that run on a Microsoft operating system. d. Included Microsoft Programs. The software contains other Microsoft programs. The license terms with those programs apply to your use of them. e. Third Party Notices. The software may include third party code that Microsoft, not the third party, licenses to you under this agreement. Notices, if any, for the third party code are included for your information only. Notices, if any, for this third party code are included with the software and may be located at http://aka.ms/thirdpartynotices.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. a. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below. i. Right to Use and Distribute. The code and test files listed below are “Distributable Code”. · REDIST.TXT Files. You may copy and distribute the object code form of code listed in REDIST.TXT files plus the files listed on the REDIST.TXT list located at http://go.microsoft.com/fwlink/?LinkId=524842. Depending on the specific edition of the software, the number of REDIST files you receive with the software may not be equal to the number of REDIST files listed in the REDIST.TXT List. We may add additional files to the list from time to time. · Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs. ii. Distribution Requirements. For any Distributable Code you distribute, you must · Add significant primary functionality to it in your programs; · For any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program; · Distribute Distributable Code included in a setup program only as part of that setup program without modification; · Require distributors and external end users to agree to terms that protect it at least as much as this agreement; · For Distributable Code from the Windows Performance Toolkit portions of the software, distribute the unmodified software package as a whole with your programs, with the exception of the KernelTraceControl.dll and the WindowsPerformanceRecorderControl.dll which can be distributed with your programs; · Display your valid copyright notice on your programs; and · Indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs. iii. Distribution Restrictions. You may not · Alter any copyright, trademark or patent notice in the Distributable Code; · Use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft; · Distribute partial copies of the Windows Performance Toolkit portion of the software package with the exception of the KernelTraceControl.dll and the WindowsPerformanceRecorderControl.dll which can be distributed with your programs; · Distribute Distributable Code to run on a platform other than the Microsoft operating system platform; · Include Distributable Code in malicious, deceptive or unlawful programs; or · Modified or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. And Excluded License is on that requir3es, as a condition of use, modification or distribution, that · The code be disclosed or distributed in source code form; or · Others have the right to modify it. b. Additional Licensing Requirements and/or Distribution Rights for Features made Available with the Software. i. Windows App Requirements. If you intend to make your program available in the Windows Store, the program must comply with the Certification Requirements as defined and described in the App Developer Agreement, currently available at: https://msdn.microsoft.com/en-us/library/windows/apps/hh694058.aspx. ii. Bing Maps. The software may include features that retrieve content such as maps, images and other data through the Bing Maps (or successor branded) application programming interface (the “Bing Maps API”) to create reports displaying data on top of maps, aerial and hybrid imagery. If these features are included, you may use these features to create and view dynamic or static documents only in conjunction with and through methods and means of access integrated in the software. You may not otherwise copy, store, archive, or create a database of the entity information including business names, addresses and geocodes available through the Bing Maps API. You may not use the Bing Maps API to provide sensor based guidance/routing, nor use any Road Traffic Data or Bird’s Eye Imager (or associated metadata) even if available through the Bing Maps API for any purpose. Your use of the Bing Maps API and associated content is also subject to the additional terms and conditions at http://go.microsoft.com/fwlink/?LinkId=21969. iii. Additional Mapping APIs. The software may include application programming interfaces that provide maps and other related mapping features and services that are not provided by Bing (the “Additional Mapping APIs”). These Additional Mapping APIs are subject to additional terms and conditions and may require payment of fees to Microsoft and/or third party providers based on the use or volume of use of such Additional Mapping APIs. These terms and conditions will be provided when you obtain any necessary license keys to use such Additional Mapping APIs or when you review or receive documentation related to the use of such Additional Mapping APIs. iv. Push Notifications. The Microsoft Push Notification Service may not be used to send notifications that are mission critical or otherwise could affect matters of life or death, including without limitation critical notifications related to a medical device or condition. MICROSOFT EXPRESSLY DISCLAIMS ANY WARRANTIES THAT THE USE OF THE MICROSOFT PUSH NOTIFICATION SERVICE OR DELIVERY OF MICROSOFT PUSH NOTIFICATION SERVICE NOTIFICATIONS WILL BE UNINTERRUPTED, ERROR FREE, OR OTHERWISE GUARANTEED TO OCCUR ON A REAL-TIME BASIS. v. Speech namespace API. Using speech recognition functionality via the Speech namespace APIs in a program requires the support of a speech recognition service. The service may require network connectivity at the time of recognition (e.g., when using a predefined grammar). In addition, the service may also collect speech-related data in order to provide and improve the service. The speech-related data may include, for example, information related to grammar size and string phrases in a grammar. Also, in order for a user to use speech recognition on the phone they must first accept certain terms of use. The terms of use notify the user that data related to their use of the speech recognition service will be collected and used to provide and improve the service. If a user does not accept the terms of use and speech recognition is attempted by the application, the operation will not work and an error will be returned to the application. vi. API Use. We may monitor and collect data related to a program’s use of APIs in order to provide, improve and personalize Microsoft products and services. End user information collected by Microsoft’s monitoring and data collection related to your program’s use of APIs is subject to the Microsoft Consumer Privacy Statement. vii. Location Framework. The software may contain a location framework component or APIs that enable support of location services in programs. In addition to the other limitations in this agreement, you must comply with all applicable local laws and regulations when using the location framework component, APIs or the rest of the software. viii. Device ID Access. The software may contain a component or APIs that enable programs to access the device ID of the device that is running the program. In addition to the other limitations in this agreement, you must comply with all applicable local laws and regulations when using the device ID access component, APIs or the rest of the software. ix. PlayReady Support. The software may include the Windows Emulator, which contains Microsoft’s PlayReady content access technology. Content owners use Microsoft PlayReady content access technology to protect their intellectual property, including copyrighted content. This software uses PlayReady technology to access PlayReady-protected content and/or WMDRM-protected content. Microsoft may decide to revoke the software’s ability to consume PlayReady-protected content for reasons including but not limited to (i) if a breach or potential breach of PlayReady technology occurs, (ii) proactive robustness enhancement, and (iii) if Content owners require the revocation because the software fails to properly enforce restrictions on content usage. Revocation should not affect unprotected content or content protected by other content access technologies. Content owners may require you to upgrade PlayReady to access their content. If you decline an upgrade, you will not be able to access content that requires the upgrade and may not be able to install other operating system updates or upgrades.
x. Package Managers. The software may include package managers, like NuGet, that give you the option to download other Microsoft and third party software packages to use with your application. Those packages are under their own licenses, and not this agreement. Microsoft does not distribute, license or provide any warranties for any of the third party packages. xi. Font Components. While the software is running, you may use its fonts to display and print content. You may only embed fonts in content as permitted by the embedding restrictions in the fonts; and temporarily download them to a printer or other output device to help print content. xii. Notice about the H.264/AVD Visual Standard, and the VC-1 Video Standard. This software may include H.264/MPEG-4 AVC and/or VD-1 decoding technology. MPEG LA, L.L.C. requires this notice: THIS PRODUCT IS LICENSED UNDER THE AVC AND THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE WWW.MPEGLA.COM. For clarification purposes, this notice does not limit or inhibit the use of the software for normal business uses that are personal to that business which do not include (i) redistribution of the software to third parties, or (ii) creation of content with the VIDEO STANDARDS compliant technologies for distribution to third parties.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time. a. Consent for Internet-Based Services. The software features described below and in the privacy statement at http://go.microsoft.com/fwlink/?LinkId=521839 http://go.microsoft.com/fwlink/?LinkId=506737 connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. In some cases, you may switch off these features or not use them. By using these features, you consent to the transmission of this information. Microsoft does not use the information to identify or contact you. i. Computer Information. The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser, and name and version of the software you are using, and the language code of the device where you installed the software. Microsoft uses this information to make the Internet-based services available to you. · Customer Experience Improvement Program (CEIP). This software uses CEIP. CEIP automatically sends Microsoft information about your hardware and how you use the software. We do not use this information to identify or contact you. CEIP will also periodically download a small file to your computer. This file helps us collect information about problems that you have while using the software. When available, new help information about the errors might also be automatically downloaded. To learn more about CEIP and how to turn it off, see http://go.microsoft.com/fwlink/?LinkId=525878. · Digital Certificates. The software uses digital certificates. These digital certificates confirm the identity of Internet users sending X.509 standard encryption information. They also can be used to digitally sign files and macros to verify the integrity and origin of the file contents. The software retrieves certificates and updates certificate revocation lists using the Internet, when available. · Error Reports. This software automatically sends error reports to Microsoft. These reports include information about problems that occur in the software. Sometimes reports contain information about other programs that interact with the software. Reports might unintentionally contain personal information. For example, a report that contains a snapshot of computer memory might include your name. Part of a document you were working on could be included as well. Microsoft does not use this information to identify or contact you. To learn more about error reports, see http://oca.microsoft.com/en/dcp20.asp. · Windows Application Certification Kit. To ensure you have the latest certification tests, when launched this software periodically checks a Windows Application Certification Kit file on download.microsft.com to see if an update is available. If an update is found, you are prompted and provided a link to a web site where you can download the update. You may use the Windows Application Certification Kit solely to test your programs before you submit them for a potential Microsoft Windows Certification and for inclusion on the Microsoft Windows Store. The results you receive are for informational purposes only. Microsoft has no obligation to either (i) provide you with a Windows Certification for your programs and/or ii) include your program in the Microsoft Windows Store.
Microsoft Digital Rights Management for Silverlight. If you use Silverlight to access content that has been protected with Microsoft Digital Rights Management (DRM), in order to let you play the content, the software may automatically · request media usage rights from a rights server on the Internet and · download and install available DRM Updates. For more information about this feature, including instructions for turning the Automatic Updates off, go to http://go.microsoft.com/fwlink/?LinkId=147032. · Web Content Features. Features in the software can retrieve related content from Microsoft and provide it to you. To provide the content, these features send to Microsoft the type of operating system, name and version of the software you are using, type of browser and language code of the device where you installed the software. Examples of these features are clip art, templates, online training, online assistance, help and Appshelp. You may choose not to use these web content features. ii. Use of Information. We may use the computer information, error reports, and CEIP information, to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Microsoft software. iii. Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.
4. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
5. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
6. 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 · Except for the Microsoft .NET Framework, you must obtain Microsoft's prior written approval to disclose to a third party the results of any benchmark test of the software. · 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.
7. 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.
8. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
9. 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.
10. 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.
11. 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.
12. 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 or statutory guarantees 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. FOR AUSTRALIA - You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights.
13. 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.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French. Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français. EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues. LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices. Crete limitation concern: · tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et · les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur. Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard. EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in 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:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
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 AUTHORS 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 IN THE SOFTWARE.
This license agreement, including exhibits attached ("Agreement”) is a legal agreement between you and NVIDIA Corporation ("NVIDIA") and governs your use of a NVIDIA software development kit (“SDK”).
Each SDK has its own set of software and materials, but here is a description of the types of items that may be included in a SDK: source code, header files, APIs, data sets and assets (examples include images, textures, models, scenes, videos, native API input/output files), binary software, sample code, libraries, utility programs, programming code and documentation.
This Agreement can be accepted only by an adult of legal age of majority in the country in which the SDK is used.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind the entity to this Agreement, in which case “you” will mean the entity you represent.
If you don’t have the required age or authority to accept this Agreement, or if you don’t accept all the terms and conditions of this Agreement, do not download, install or use the SDK.
You agree to use the SDK only for purposes that are permitted by (a) this Agreement, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
1. License.
1.1. Grant
Subject to the terms of this Agreement, NVIDIA hereby grants you a non-exclusive, non-transferable license, without the right to sublicense (except as expressly provided in this Agreement) to:
Install and use the SDK,
Modify and create derivative works of sample source code delivered in the SDK, and
Distribute those portions of the SDK that are identified in this Agreement as distributable, as incorporated in object code format into a software application that meets the distribution requirements indicated in this Agreement.
1.2. Distribution Requirements
These are the distribution requirements for you to exercise the distribution grant:
Your application must have material additional functionality, beyond the included portions of the SDK.
The distributable portions of the SDK shall only be accessed by your application.
The following notice shall be included in modifications and derivative works of sample source code distributed: “This software contains source code provided by NVIDIA Corporation.”
Unless a developer tool is identified in this Agreement as distributable, it is delivered for your internal use only.
The terms under which you distribute your application must be consistent with the terms of this Agreement, including (without limitation) terms relating to the license grant and license restrictions and protection of NVIDIA’s intellectual property rights. Additionally, you agree that you will protect the privacy, security and legal rights of your application users.
You agree to notify NVIDIA in writing of any known or suspected distribution or use of the SDK not in compliance with the requirements of this Agreement, and to enforce the terms of your agreements with respect to distributed SDK.
1.3. Authorized Users
You may allow employees and contractors of your entity or of your subsidiary(ies) to access and use the SDK from your secure network to perform work on your behalf.
If you are an academic institution you may allow users enrolled or employed by the academic institution to access and use the SDK from your secure network.
You are responsible for the compliance with the terms of this Agreement by your authorized users. If you become aware that your authorized users didn’t follow the terms of this Agreement, you agree to take reasonable steps to resolve the non-compliance and prevent new occurrences.
1.4. Pre-Release SDK
The SDK versions identified as alpha, beta, preview or otherwise as pre-release, 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 commercial versions of NVIDIA software and materials. Use of a pre-release SDK may result in unexpected results, loss of data, project delays or other unpredictable damage or loss.
You may use a pre-release SDK at your own risk, understanding that pre-release SDKs are not intended for use in production or business-critical systems.
NVIDIA may choose not to make available a commercial version of any pre-release SDK. NVIDIA may also choose to abandon development and terminate the availability of a pre-release SDK at any time without liability.
1.5. Updates
NVIDIA may, at its option, make available patches, workarounds or other updates to this SDK. Unless the updates are provided with their separate governing terms, they are deemed part of the SDK licensed to you as provided in this Agreement.
You agree that the form and content of the SDK that NVIDIA provides may change without prior notice to you. While NVIDIA generally maintains compatibility between versions, NVIDIA may in some cases make changes that introduce incompatibilities in future versions of the SDK.
1.6. Components Under Other Licenses
The SDK may come bundled with, or otherwise include or be distributed with, NVIDIA or third party software licensed with separate legal notices or terms as may be described in proprietary notices accompanying the SDK. If and to the extent there is a conflict between the terms in this Agreement and the license terms associated with the component, the license terms associated with the components control only to the extent necessary to resolve the conflict.
1.7. Reservation of Rights
NVIDIA reserves all rights, title and interest in and to the SDK not expressly granted to you under this Agreement.
2. Limitations.
The following license limitations apply to your use of the SDK:
2.1 You may not reverse engineer, decompile or disassemble, or remove copyright or other proprietary notices from any portion of the SDK or copies of the SDK.
2.2 Except as expressly provided in this Agreement, you may not copy, sell, rent, sublicense, transfer, distribute, modify, or create derivative works of any portion of the SDK.
2.3 Unless you have an agreement with NVIDIA for this purpose, you may not indicate that an application created with the SDK is sponsored or endorsed by NVIDIA.
2.4 You may not bypass, disable, or circumvent any encryption, security, digital rights management or authentication mechanism in the SDK.
2.5 You may not use the SDK in any manner that would cause it to become subject to an open source software license. As examples, licenses that require as a condition of use, modification, and/or distribution that the SDK be (i) disclosed or distributed in source code form; (ii) licensed for the purpose of making derivative works; or (iii) redistributable at no charge.
2.6 You acknowledge that the SDK as delivered is not tested or certified by NVIDIA for use in connection with the design, construction, maintenance, and/or operation of any system where the use or failure of such system could result in a situation that threatens the safety of human life or results in catastrophic damages (each, a “Critical Application”). Examples of Critical Applications include use in avionics, navigation, autonomous vehicle applications, ai solutions for automotive products, military, medical, life support or other life critical applications. NVIDIA shall not be liable to you or any third party, in whole or in part, for any claims or damages arising from such uses. You are solely responsible for ensuring that any product or service developed with the SDK as a whole includes sufficient features to comply with all applicable legal and regulatory standards and requirements.
2.7 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 products or services that use the SDK in or for Critical Applications, and for use of the SDK, outside of the scope of this Agreement or not in compliance with its terms.
3. Ownership.
3.1 NVIDIA or its licensors hold all rights, title and interest in and to the SDK and its modifications and derivative works, including their respective intellectual property rights, subject to your rights under Section 3.2. This SDK may include software and materials from NVIDIA’s licensors, and these licensors are intended third party beneficiaries that may enforce this Agreement with respect to their intellectual property rights.
3.2 You hold all rights, title and interest in and to your applications and your derivative works of the sample source code delivered in the SDK, including their respective intellectual property rights, subject to NVIDIA’s rights under section 3.1.
3.3 You may, but don’t have to, provide to NVIDIA suggestions, feature requests or other feedback regarding the SDK, including possible enhancements or modifications to the SDK. For any feedback that you voluntarily provide, you hereby grant NVIDIA and its affiliates a perpetual, non-exclusive, worldwide, irrevocable license to use, reproduce, modify, license, sublicense (through multiple tiers of sublicensees), and distribute (through multiple tiers of distributors) it without the payment of any royalties or fees to you. NVIDIA will use feedback at its choice. NVIDIA is constantly looking for ways to improve its products, so you may send feedback to NVIDIA through the developer portal at https://developer.nvidia.com.
4. No Warranties.
THE SDK IS PROVIDED BY NVIDIA “AS IS” AND “WITH ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE.
5. Limitations of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES 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 THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SDK, 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 AND ITS AFFILIATES TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED US$10.00. THE NATURE OF THE LIABILITY OR THE NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR EXTEND THIS LIMIT.
These exclusions and limitations of liability shall apply regardless if NVIDIA or its affiliates have been advised of the possibility of such damages, and regardless of whether a remedy fails its essential purpose. These exclusions and limitations of liability form an essential basis of the bargain between the parties, and, absent any of these exclusions or limitations of liability, the provisions of this Agreement, including, without limitation, the economic terms, would be substantially different.
6. Termination.
6.1 This Agreement will continue to apply until terminated by either you or NVIDIA as described below.
6.2 If you want to terminate this Agreement, you may do so by stopping to use the SDK.
6.3 NVIDIA may, at any time, terminate this Agreement if: (i) you fail to comply with any term of this Agreement and the non-compliance is not fixed within thirty (30) days following notice from NVIDIA (or immediately if you violate NVIDIA’s intellectual property rights); (ii) you commence or participate in any legal proceeding against NVIDIA with respect to the SDK; or (iii) NVIDIA decides to no longer provide the SDK in a country or, in NVIDIA’s sole discretion, the continued use of it is no longer commercially viable.
6.4 Upon any termination of this Agreement, you agree to promptly discontinue use of the SDK and destroy all copies in your possession or control. Your prior distributions in accordance with this Agreement are not affected by the termination of this Agreement. Upon written request, you will certify in writing that you have complied with your commitments under this section. Upon any termination of this Agreement all provisions survive except for the licenses granted to you.
7. General.
If you wish to assign this Agreement or your rights and obligations, including by merger, consolidation, dissolution or operation of law, contact NVIDIA to ask for permission. Any attempted assignment not approved by NVIDIA in writing shall be void and of no effect. NVIDIA may assign, delegate or transfer this Agreement and its rights and obligations, and if to a non-affiliate you will be notified.
You agree to cooperate with NVIDIA and provide reasonably requested information to verify your compliance with this Agreement.
This Agreement will be governed in all respects by the laws of the United States and of the State of Delaware as those laws are applied to contracts entered into and performed entirely within Delaware by Delaware residents, without regard to the conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. You agree to all terms of this Agreement in the English language.
The state or federal courts residing in Santa Clara County, California shall have exclusive jurisdiction over any dispute or claim arising out of this Agreement. Notwithstanding this, you agree that NVIDIA shall still be allowed to apply for injunctive remedies or an equivalent type of urgent legal relief in any jurisdiction.
If any court of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law and the remaining provisions will remain in full force and effect. Unless otherwise specified, remedies are cumulative.
Each party acknowledges and agrees that the other is an independent contractor in the performance of this Agreement
The SDK 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 in this Agreement pursuant to DFARS 227.7202-3(a) or as set forth in subparagraphs (b)(1) and (2) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19, as applicable. Contractor/manufacturer is NVIDIA, 2788 San Tomas Expressway, Santa Clara, CA 95051
The SDK is subject to United States export laws and regulations. You agree that you will not ship, transfer or export the SDK into any country, or use the SDK in any manner, prohibited by the United States Bureau of Industry and Security or economic sanctions regulations administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), or any applicable export laws, restrictions or regulations. These laws include restrictions on destinations, end users and end use. By accepting this Agreement, 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 SDK
Any notice delivered by NVIDIA to you under this Agreement will be delivered via mail, email or fax. You agree that any notices that NVIDIA sends you electronically will satisfy any legal communication requirements. Please direct your legal notices or other correspondence to NVIDIA Corporation, 2788 San Tomas Expressway, Santa Clara, California 95051, United States of America, Attention: Legal Department.
This Agreement and any exhibits incorporated into this Agreement constitute the entire agreement of the parties with respect to the subject matter of this Agreement and supersede all prior negotiations or documentation exchanged between the parties relating to this SDK license. Any additional and/or conflicting terms on documents issued by you are null, void, and invalid. Any amendment or waiver under this Agreement shall be in writing and signed by representatives of both parties.
(v. February 22, 2022)
8. cuDNN SUPPLEMENT TO SOFTWARE LICENSE AGREEMENT FOR NVIDIA SOFTWARE DEVELOPMENT KITS
The terms in this supplement govern your use of the NVIDIA cuDNN SDK under the terms of your license agreement (“Agreement”) as modified by this supplement. Capitalized terms used but not defined below have the meaning assigned to them in the Agreement.
This supplement is an exhibit to the Agreement and is incorporated as an integral part of the Agreement. In the event of conflict between the terms in this supplement and the terms in the Agreement, the terms in this supplement govern.
4.1 License Scope. The SDK is licensed for you to develop applications only for use in systems with NVIDIA GPUs.
2. Distribution. The following portions of the SDK are distributable under the Agreement: the runtime files .so and .dll.
In addition to the rights above, for parties that are developing software intended solely for use on Jetson development kits or Jetson modules and running Linux for Tegra software the following shall apply: the SDK may be distributed in its entirety, as provided by NVIDIA and without separation of its components, for you and/or your licensees to create software development kits for use only on the Jetson platform and running Linux for Tegra software.
3. Licensing. If the distribution terms in this Agreement are not suitable for your organization, or for any questions regarding this Agreement, please contact NVIDIA at [email protected]
(v. February 22, 2022)
Notices
Notice
This document is provided for information purposes only and shall not be regarded as a warranty of a certain functionality, condition, or quality of a product. NVIDIA Corporation (“NVIDIA”) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the information contained in this document and assumes no responsibility for any errors contained herein. NVIDIA shall have no liability for the consequences or use of such information or for any infringement of patents or other rights of third parties that may result from its use. This document is not a commitment to develop, release, or deliver any Material (defined below), code, or functionality.
NVIDIA reserves the right to make corrections, modifications, enhancements, improvements, and any other changes to this document, at any time without notice.
Customer should obtain the latest relevant information before placing orders and should verify that such information is current and complete.
NVIDIA products are sold subject to the NVIDIA standard terms and conditions of sale supplied at the time of order acknowledgement, unless otherwise agreed in an individual sales agreement signed by authorized representatives of NVIDIA and customer (“Terms of Sale”). NVIDIA hereby expressly objects to applying any customer general terms and conditions with regards to the purchase of the NVIDIA product referenced in this document. No contractual obligations are formed either directly or indirectly by this document.
NVIDIA products are not designed, authorized, or warranted to be suitable for use in medical, military, aircraft, space, or life support equipment, nor in applications where failure or malfunction of the NVIDIA product can reasonably be expected to result in personal injury, death, or property or environmental damage. NVIDIA accepts no liability for inclusion and/or use of NVIDIA products in such equipment or applications and therefore such inclusion and/or use is at customer’s own risk.
NVIDIA makes no representation or warranty that products based on this document will be suitable for any specified use. Testing of all parameters of each product is not necessarily performed by NVIDIA. It is customer’s sole responsibility to evaluate and determine the applicability of any information contained in this document, ensure the product is suitable and fit for the application planned by customer, and perform the necessary testing for the application in order to avoid a default of the application or the product. Weaknesses in customer’s product designs may affect the quality and reliability of the NVIDIA product and may result in additional or different conditions and/or requirements beyond those contained in this document. NVIDIA accepts no liability related to any default, damage, costs, or problem which may be based on or attributable to: (i) the use of the NVIDIA product in any manner that is contrary to this document or (ii) customer product designs.
No license, either expressed or implied, is granted under any NVIDIA patent right, copyright, or other NVIDIA intellectual property right under this document. Information published by NVIDIA regarding third-party products or services does not constitute a license from NVIDIA to use such products or services or a warranty or endorsement thereof. Use of such information may require a license from a third party under the patents or other intellectual property rights of the third party, or a license from NVIDIA under the patents or other intellectual property rights of NVIDIA.
Reproduction of information in this document is permissible only if approved in advance by NVIDIA in writing, reproduced without alteration and in full compliance with all applicable export laws and regulations, and accompanied by all associated conditions, limitations, and notices.
THIS DOCUMENT AND 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. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL NVIDIA BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF ANY USE OF THIS DOCUMENT, EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding any damages that customer might incur for any reason whatsoever, NVIDIA’s aggregate and cumulative liability towards customer for the products described herein shall be limited in accordance with the Terms of Sale for the product.
Arm
Arm, AMBA and Arm Powered are registered trademarks of Arm Limited. Cortex, MPCore and Mali are trademarks of Arm Limited. "Arm" is used to represent Arm Holdings plc; its operating company Arm Limited; and the regional subsidiaries Arm Inc.; Arm KK; Arm Korea Limited.; Arm Taiwan Limited; Arm France SAS; Arm Consulting (Shanghai) Co. Ltd.; Arm Germany GmbH; Arm Embedded Technologies Pvt. Ltd.; Arm Norway, AS and Arm Sweden AB.
HDMI
HDMI, the HDMI logo, and High-Definition Multimedia Interface are trademarks or registered trademarks of HDMI Licensing LLC.
Blackberry/QNX
Copyright © 2020 BlackBerry Limited. All rights reserved.
Trademarks, including but not limited to BLACKBERRY, EMBLEM Design, QNX, AVIAGE, MOMENTICS, NEUTRINO and QNX CAR are the trademarks or registered trademarks of BlackBerry Limited, used under license, and the exclusive rights to such trademarks are expressly reserved.
Android, Android TV, Google Play and the Google Play logo are trademarks of Google, Inc.
Trademarks
NVIDIA, the NVIDIA logo, and BlueField, CUDA, DALI, DRIVE, Hopper, JetPack, Jetson AGX Xavier, Jetson Nano, Maxwell, NGC, Nsight, Orin, Pascal, Quadro, Tegra, TensorRT, Triton, Turing and Volta are trademarks and/or registered trademarks of NVIDIA Corporation in the United States and other countries. Other company and product names may be trademarks of the respective companies with which they are associated.
Copyright
© 2017-2023 NVIDIA Corporation & affiliates. All rights reserved.
NVIDIA Software License Agreement and CUDA Supplement to Software License Agreement. Last updated: October 8, 2021
The CUDA Toolkit End User License Agreement applies to the NVIDIA CUDA Toolkit, the NVIDIA CUDA Samples, the NVIDIA Display Driver, NVIDIA Nsight tools (Visual Studio Edition), and the associated documentation on CUDA APIs, programming model and development tools. If you do not agree with the terms and conditions of the license agreement, then do not download or use the software.
Last updated: October 8, 2021.
Preface
The Software License Agreement in Chapter 1 and the Supplement in Chapter 2 contain license terms and conditions that govern the use of NVIDIA software. By accepting this agreement, you agree to comply with all the terms and conditions applicable to the product(s) included herein.
NVIDIA Driver
Description
This package contains the operating system driver and fundamental system software components for NVIDIA GPUs.
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.
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
CUDA Samples are now located in https://github.com/nvidia/cuda-samples, which includes instructions for obtaining, building, and running the samples. They are no longer included in the CUDA toolkit.
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.
Default Install Location of Nsight Visual Studio Edition
Windows platform:
%ProgramFiles(x86)%\NVIDIA Corporation\Nsight Visual Studio Edition #.#
1. License Agreement for NVIDIA Software Development Kits
Important Notice—Read before downloading, installing, copying or using the licensed software:
This license agreement, including exhibits attached ("Agreement”) is a legal agreement between you and NVIDIA Corporation ("NVIDIA") and governs your use of a NVIDIA software development kit (“SDK”).
Each SDK has its own set of software and materials, but here is a description of the types of items that may be included in a SDK: source code, header files, APIs, data sets and assets (examples include images, textures, models, scenes, videos, native API input/output files), binary software, sample code, libraries, utility programs, programming code and documentation.
This Agreement can be accepted only by an adult of legal age of majority in the country in which the SDK is used.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind the entity to this Agreement, in which case “you” will mean the entity you represent.
If you don’t have the required age or authority to accept this Agreement, or if you don’t accept all the terms and conditions of this Agreement, do not download, install or use the SDK.
You agree to use the SDK only for purposes that are permitted by (a) this Agreement, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
1.1. License
1.1.1. License Grant
Subject to the terms of this Agreement, NVIDIA hereby grants you a non-exclusive, non-transferable license, without the right to sublicense (except as expressly provided in this Agreement) to:
Install and use the SDK,
Modify and create derivative works of sample source code delivered in the SDK, and
Distribute those portions of the SDK that are identified in this Agreement as distributable, as incorporated in object code format into a software application that meets the distribution requirements indicated in this Agreement.
1.1.2. Distribution Requirements
These are the distribution requirements for you to exercise the distribution grant:
Your application must have material additional functionality, beyond the included portions of the SDK.
The distributable portions of the SDK shall only be accessed by your application.
The following notice shall be included in modifications and derivative works of sample source code distributed: “This software contains source code provided by NVIDIA Corporation.”
Unless a developer tool is identified in this Agreement as distributable, it is delivered for your internal use only.
The terms under which you distribute your application must be consistent with the terms of this Agreement, including (without limitation) terms relating to the license grant and license restrictions and protection of NVIDIA’s intellectual property rights. Additionally, you agree that you will protect the privacy, security and legal rights of your application users.
You agree to notify NVIDIA in writing of any known or suspected distribution or use of the SDK not in compliance with the requirements of this Agreement, and to enforce the terms of your agreements with respect to distributed SDK.
1.1.3. Authorized Users
You may allow employees and contractors of your entity or of your subsidiary(ies) to access and use the SDK from your secure network to perform work on your behalf.
If you are an academic institution you may allow users enrolled or employed by the academic institution to access and use the SDK from your secure network.
You are responsible for the compliance with the terms of this Agreement by your authorized users. If you become aware that your authorized users didn’t follow the terms of this Agreement, you agree to take reasonable steps to resolve the non-compliance and prevent new occurrences.
1.1.4. Pre-Release SDK
The SDK versions identified as alpha, beta, preview or otherwise as pre-release, 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 commercial versions of NVIDIA software and materials. Use of a pre-release SDK may result in unexpected results, loss of data, project delays or other unpredictable damage or loss.
You may use a pre-release SDK at your own risk, understanding that pre-release SDKs are not intended for use in production or business-critical systems.
NVIDIA may choose not to make available a commercial version of any pre-release SDK. NVIDIA may also choose to abandon development and terminate the availability of a pre-release SDK at any time without liability.
1.1.5. Updates
NVIDIA may, at its option, make available patches, workarounds or other updates to this SDK. Unless the updates are provided with their separate governing terms, they are deemed part of the SDK licensed to you as provided in this Agreement. You agree that the form and content of the SDK that NVIDIA provides may change without prior notice to you. While NVIDIA generally maintains compatibility between versions, NVIDIA may in some cases make changes that introduce incompatibilities in future versions of the SDK.
1.1.6. Components Under Other Licenses
The SDK may come bundled with, or otherwise include or be distributed with, NVIDIA or third-party components with separate legal notices or terms as may be described in proprietary notices accompanying the SDK. If and to the extent there is a conflict between the terms in this Agreement and the license terms associated with the component, the license terms associated with the components control only to the extent necessary to resolve the conflict.
Subject to the other terms of this Agreement, you may use the SDK to develop and test applications released under Open Source Initiative (OSI) approved open source software licenses.
1.1.7. Reservation of Rights
NVIDIA reserves all rights, title, and interest in and to the SDK, not expressly granted to you under this Agreement.
1.2. Limitations
The following license limitations apply to your use of the SDK:
You may not reverse engineer, decompile or disassemble, or remove copyright or other proprietary notices from any portion of the SDK or copies of the SDK.
Except as expressly provided in this Agreement, you may not copy, sell, rent, sublicense, transfer, distribute, modify, or create derivative works of any portion of the SDK. For clarity, you may not distribute or sublicense the SDK as a stand-alone product.
Unless you have an agreement with NVIDIA for this purpose, you may not indicate that an application created with the SDK is sponsored or endorsed by NVIDIA.
You may not bypass, disable, or circumvent any encryption, security, digital rights management or authentication mechanism in the SDK.
You may not use the SDK in any manner that would cause it to become subject to an open source software license. As examples, licenses that require as a condition of use, modification, and/or distribution that the SDK be:
Disclosed or distributed in source code form;
Licensed for the purpose of making derivative works; or
Redistributable at no charge.
You acknowledge that the SDK as delivered is not tested or certified by NVIDIA for use in connection with the design, construction, maintenance, and/or operation of any system where the use or failure of such system could result in a situation that threatens the safety of human life or results in catastrophic damages (each, a "Critical Application"). Examples of Critical Applications include use in avionics, navigation, autonomous vehicle applications, ai solutions for automotive products, military, medical, life support or other life critical applications. NVIDIA shall not be liable to you or any third party, in whole or in part, for any claims or damages arising from such uses. You are solely responsible for ensuring that any product or service developed with the SDK as a whole includes sufficient features to comply with all applicable legal and regulatory standards and requirements.
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 products or services that use the SDK in or for Critical Applications, and for use of the SDK outside of the scope of this Agreement or not in compliance with its terms.
You may not reverse engineer, decompile or disassemble any portion of the output generated using SDK elements for the purpose of translating such output artifacts to target a non-NVIDIA platform.
1.3. Ownership
NVIDIA or its licensors hold all rights, title and interest in and to the SDK and its modifications and derivative works, including their respective intellectual property rights, subject to your rights under Section 1.3.2. This SDK may include software and materials from NVIDIA’s licensors, and these licensors are intended third party beneficiaries that may enforce this Agreement with respect to their intellectual property rights.
You hold all rights, title and interest in and to your applications and your derivative works of the sample source code delivered in the SDK, including their respective intellectual property rights, subject to NVIDIA’s rights under Section 1.3.1.
You may, but don’t have to, provide to NVIDIA suggestions, feature requests or other feedback regarding the SDK, including possible enhancements or modifications to the SDK. For any feedback that you voluntarily provide, you hereby grant NVIDIA and its affiliates a perpetual, non-exclusive, worldwide, irrevocable license to use, reproduce, modify, license, sublicense (through multiple tiers of sublicensees), and distribute (through multiple tiers of distributors) it without the payment of any royalties or fees to you. NVIDIA will use feedback at its choice. NVIDIA is constantly looking for ways to improve its products, so you may send feedback to NVIDIA through the developer portal at https://developer.nvidia.com.
1.4. No Warranties
THE SDK IS PROVIDED BY NVIDIA “AS IS” AND “WITH ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE.
1.5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES 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 THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SDK, 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 AND ITS AFFILIATES TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED US$10.00. THE NATURE OF THE LIABILITY OR THE NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR EXTEND THIS LIMIT.
These exclusions and limitations of liability shall apply regardless if NVIDIA or its affiliates have been advised of the possibility of such damages, and regardless of whether a remedy fails its essential purpose. These exclusions and limitations of liability form an essential basis of the bargain between the parties, and, absent any of these exclusions or limitations of liability, the provisions of this Agreement, including, without limitation, the economic terms, would be substantially different.
1.6. Termination
This Agreement will continue to apply until terminated by either you or NVIDIA as described below.
If you want to terminate this Agreement, you may do so by stopping to use the SDK.
NVIDIA may, at any time, terminate this Agreement if:
(i) you fail to comply with any term of this Agreement and the non-compliance is not fixed within thirty (30) days following notice from NVIDIA (or immediately if you violate NVIDIA’s intellectual property rights);
(ii) you commence or participate in any legal proceeding against NVIDIA with respect to the SDK; or
(iii) NVIDIA decides to no longer provide the SDK in a country or, in NVIDIA’s sole discretion, the continued use of it is no longer commercially viable.
Upon any termination of this Agreement, you agree to promptly discontinue use of the SDK and destroy all copies in your possession or control. Your prior distributions in accordance with this Agreement are not affected by the termination of this Agreement. Upon written request, you will certify in writing that you have complied with your commitments under this section. Upon any termination of this Agreement all provisions survive except for the license grant provisions.
1.7. General
If you wish to assign this Agreement or your rights and obligations, including by merger, consolidation, dissolution or operation of law, contact NVIDIA to ask for permission. Any attempted assignment not approved by NVIDIA in writing shall be void and of no effect. NVIDIA may assign, delegate or transfer this Agreement and its rights and obligations, and if to a non-affiliate you will be notified.
You agree to cooperate with NVIDIA and provide reasonably requested information to verify your compliance with this Agreement.
This Agreement will be governed in all respects by the laws of the United States and of the State of Delaware as those laws are applied to contracts entered into and performed entirely within Delaware by Delaware residents, without regard to the conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. You agree to all terms of this Agreement in the English language.
The state or federal courts residing in Santa Clara County, California shall have exclusive jurisdiction over any dispute or claim arising out of this Agreement. Notwithstanding this, you agree that NVIDIA shall still be allowed to apply for injunctive remedies or an equivalent type of urgent legal relief in any jurisdiction.
If any court of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law and the remaining provisions will remain in full force and effect. Unless otherwise specified, remedies are cumulative.
Each party acknowledges and agrees that the other is an independent contractor in the performance of this Agreement.
The SDK 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 in this 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, 2788 San Tomas Expressway, Santa Clara, CA 95051.
The SDK is subject to United States export laws and regulations. You agree that you will not ship, transfer or export the SDK into any country, or use the SDK in any manner, prohibited by the United States Bureau of Industry and Security or economic sanctions regulations administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), or any applicable export laws, restrictions or regulations. These laws include restrictions on destinations, end users and end use. By accepting this Agreement, 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 SDK.
Any notice delivered by NVIDIA to you under this Agreement will be delivered via mail, email or fax. You agree that any notices that NVIDIA sends you electronically will satisfy any legal communication requirements. Please direct your legal notices or other correspondence to NVIDIA Corporation, 2788 San Tomas Expressway, Santa Clara, California 95051, United States of America, Attention: Legal Department.
This Agreement and any exhibits incorporated into this Agreement constitute the entire agreement of the parties with respect to the subject matter of this Agreement and supersede all prior negotiations or documentation exchanged between the parties relating to this SDK license. Any additional and/or conflicting terms on documents issued by you are null, void, and invalid. Any amendment or waiver under this Agreement shall be in writing and signed by representatives of both parties.
CUDA Toolkit Supplement to Software License Agreement for NVIDIA Software Development Kits
The terms in this supplement govern your use of the NVIDIA CUDA Toolkit SDK under the terms of your license agreement (“Agreement”) as modified by this supplement. Capitalized terms used but not defined below have the meaning assigned to them in the Agreement.
This supplement is an exhibit to the Agreement and is incorporated as an integral part of the Agreement. In the event of conflict between the terms in this supplement and the terms in the Agreement, the terms in this supplement govern.
2.1. License Scope
The SDK is licensed for you to develop applications only for use in systems with NVIDIA GPUs.
2.2. Distribution
The portions of the SDK that are distributable under the Agreement are listed in Attachment A.
2.3. Operating Systems
Those portions of the SDK 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 for use in accordance with this Agreement, provided that the object code files are not modified in any way (except for unzipping of compressed files).
2.4. Audio and Video Encoders and Decoders
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 software 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. NVIDIA does not grant to you under this Agreement any necessary patent or other rights with respect to any audio and/or video encoders and decoders.
2.5. Licensing
If the distribution terms in this Agreement are not suitable for your organization, or for any questions regarding this Agreement, please contact NVIDIA at [email protected].
2.6. Attachment A
The following CUDA Toolkit files may be distributed with Licensee Applications developed by you, 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 9.0 of the 64-bit Windows software, the file cudart64_90.dll is redistributable.
Component | CUDA Runtime |
Windows | cudart.dll, cudart_static.lib, cudadevrt.lib |
Mac OSX | libcudart.dylib, libcudart_static.a, libcudadevrt.a |
Linux | libcudart.so, libcudart_static.a, libcudadevrt.a |
Android | libcudart.so, libcudart_static.a, libcudadevrt.a |
Component | CUDA FFT Library |
Windows | cufft.dll, cufftw.dll, cufft.lib, cufftw.lib |
Mac OSX | libcufft.dylib, libcufft_static.a, libcufftw.dylib, libcufftw_static.a |
Linux | libcufft.so, libcufft_static.a, libcufftw.so, libcufftw_static.a |
Android | libcufft.so, libcufft_static.a, libcufftw.so, libcufftw_static.a |
Component | CUDA BLAS Library |
Windows | cublas.dll, cublasLt.dll |
Mac OSX | libcublas.dylib, libcublasLt.dylib, libcublas_static.a, libcublasLt_static.a |
Linux | libcublas.so, libcublasLt.so, libcublas_static.a, libcublasLt_static.a |
Android | libcublas.so, libcublasLt.so, libcublas_static.a, libcublasLt_static.a |
Component | NVIDIA "Drop-in" BLAS Library |
Windows | nvblas.dll |
Mac OSX | libnvblas.dylib |
Linux | libnvblas.so |
Component | CUDA Sparse Matrix Library |
Windows | cusparse.dll, cusparse.lib |
Mac OSX | libcusparse.dylib, libcusparse_static.a |
Linux | libcusparse.so, libcusparse_static.a |
Android | libcusparse.so, libcusparse_static.a |
Component | CUDA Linear Solver Library |
Windows | cusolver.dll, cusolver.lib |
Mac OSX | libcusolver.dylib, libcusolver_static.a |
Linux | libcusolver.so, libcusolver_static.a |
Android | libcusolver.so, libcusolver_static.a |
Component | CUDA Random Number Generation Library |
Windows | curand.dll, curand.lib |
Mac OSX | libcurand.dylib, libcurand_static.a |
Linux | libcurand.so, libcurand_static.a |
Android | libcurand.so, libcurand_static.a |
Component | NVIDIA Performance Primitives Library |
Windows | nppc.dll, nppc.lib, nppial.dll, nppial.lib, nppicc.dll, nppicc.lib, nppicom.dll, nppicom.lib, nppidei.dll, nppidei.lib, nppif.dll, nppif.lib, nppig.dll, nppig.lib, nppim.dll, nppim.lib, nppist.dll, nppist.lib, nppisu.dll, nppisu.lib, nppitc.dll, nppitc.lib, npps.dll, npps.lib |
Mac OSX | libnppc.dylib, libnppc_static.a, libnppial.dylib, libnppial_static.a, libnppicc.dylib, libnppicc_static.a, libnppicom.dylib, libnppicom_static.a, libnppidei.dylib, libnppidei_static.a, libnppif.dylib, libnppif_static.a, libnppig.dylib, libnppig_static.a, libnppim.dylib, libnppisu_static.a, libnppitc.dylib, libnppitc_static.a, libnpps.dylib, libnpps_static.a |
Linux | libnppc.so, libnppc_static.a, libnppial.so, libnppial_static.a, libnppicc.so, libnppicc_static.a, libnppicom.so, libnppicom_static.a, libnppidei.so, libnppidei_static.a, libnppif.so, libnppif_static.a libnppig.so, libnppig_static.a, libnppim.so, libnppim_static.a, libnppist.so, libnppist_static.a, libnppisu.so, libnppisu_static.a, libnppitc.so libnppitc_static.a, libnpps.so, libnpps_static.a |
Android | libnppc.so, libnppc_static.a, libnppial.so, libnppial_static.a, libnppicc.so, libnppicc_static.a, libnppicom.so, libnppicom_static.a, libnppidei.so, libnppidei_static.a, libnppif.so, libnppif_static.a libnppig.so, libnppig_static.a, libnppim.so, libnppim_static.a, libnppist.so, libnppist_static.a, libnppisu.so, libnppisu_static.a, libnppitc.so libnppitc_static.a, libnpps.so, libnpps_static.a |
Component | NVIDIA JPEG Library |
Windows | nvjpeg.lib, nvjpeg.dll |
Linux | libnvjpeg.so, libnvjpeg_static.a |
Component | Internal common library required for statically linking to cuBLAS, cuSPARSE, cuFFT, cuRAND, nvJPEG and NPP |
Mac OSX | libculibos.a |
Linux | libculibos.a |
Component | NVIDIA Runtime Compilation Library and Header |
All | nvrtc.h |
Windows | nvrtc.dll, nvrtc-builtins.dll |
Mac OSX | libnvrtc.dylib, libnvrtc-builtins.dylib |
Linux | libnvrtc.so, libnvrtc-builtins.so |
Component | NVIDIA Optimizing Compiler Library |
Windows | nvvm.dll |
Mac OSX | libnvvm.dylib |
Linux | libnvvm.so |
Component | NVIDIA Common Device Math Functions Library |
Windows | libdevice.10.bc |
Mac OSX | libdevice.10.bc |
Linux | libdevice.10.bc |
Component | CUDA Occupancy Calculation Header Library |
All | cuda_occupancy.h |
Component | CUDA Half Precision Headers |
All | cuda_fp16.h, cuda_fp16.hpp |
Component | CUDA Profiling Tools Interface (CUPTI) Library |
Windows | cupti.dll |
Mac OSX | libcupti.dylib |
Linux | libcupti.so |
Component | NVIDIA Tools Extension Library |
Windows | nvToolsExt.dll, nvToolsExt.lib |
Mac OSX | libnvToolsExt.dylib |
Linux | libnvToolsExt.so |
Component | NVIDIA CUDA Driver Libraries |
Linux | libcuda.so, libnvidia-ptxjitcompiler.so |
Component | NVIDIA CUDA File IO Libraries and Header |
All | cufile.h |
Linux | libcufile.so, libcufile_rdma.so, libcufile_static.a, libcufile_rdma_static.a |
The NVIDIA CUDA Driver Libraries are only distributable in applications that meet this criteria:
- The application was developed starting from a NVIDIA CUDA container obtained from Docker Hub or the NVIDIA GPU Cloud, and
- The resulting application is packaged as a Docker container and distributed to users on Docker Hub or the NVIDIA GPU Cloud only.
In addition to the rights above, for parties that are developing software intended solely for use on Jetson development kits or Jetson modules, and running Linux for Tegra software, the following shall apply:
- The SDK may be distributed in its entirety, as provided by NVIDIA, and without separation of its components, for you and/or your licensees to create software development kits for use only on the Jetson platform and running Linux for Tegra software.
Full name
Python Software Foundation License 2.0
Short identifier
PSF-2.0
Other web pages for this license https://opensource.org/licenses/Python-2.0
Notes
This is the PSF-2.0 license, which is part of the complete Python license text, but also used independently by some projects.
Text
PYTHON SOFTWARE FOUNDATION LICENSE VERSION 2
- This LICENSE AGREEMENT is between the Python Software Foundation ("PSF"), and the Individual or Organization ("Licensee") accessing and otherwise using this software ("Python") in source or binary form and its associated documentation.
- Subject to the terms and conditions of this License Agreement, PSF hereby grants Licensee a nonexclusive, royalty-free, world-wide license to reproduce, analyze, test, perform and/or display publicly, prepare derivative works, distribute, and otherwise use Python alone or in any derivative version, provided, however, that PSF's License Agreement and PSF's notice of copyright, i.e., "Copyright (c) 2001, 2002, 2003, 2004, 2005, 2006 Python Software Foundation; All Rights Reserved" are retained in Python alone or in any derivative version prepared by Licensee.
- In the event Licensee prepares a derivative work that is based on or incorporates Python or any part thereof, and wants to make the derivative work available to others as provided herein, then Licensee hereby agrees to include in any such work a brief summary of the changes made to Python.
- PSF is making Python available to Licensee on an "AS IS" basis. PSF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
- PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
- This License Agreement will automatically terminate upon a material breach of its terms and conditions.
- Nothing in this License Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between PSF and Licensee. This License Agreement does not grant permission to use PSF trademarks or trade name in a trademark sense to endorse or promote products or services of Licensee, or any third party.
- By copying, installing or otherwise using Python, Licensee agrees to be bound by the terms and conditions of this License Agreement.
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