You will find below the list of third party software contained in Open Inventor's modules. Third parties using a commercial license are written in Italic. You can click on Open source third parties to consult the license details. You can get associated library files to a module on the redistribution page.
- Inventor: FlexLM, SMlib, Boost, zlib, bzip2, Proj4, Freetype, OpenAL, GLEW, libJpeg, libPng, MPEG Software Simulation Group, zlib, libTiff, libJasper, OpenJPEG, Eigen, OpenVR
- VolumeViz: Boost, GDCM
- LDM: zlib
- MeshViz XLM: TBB
- ImageViz: TBB, Boost, log4cplus, Eigen, LibCPU
- RemoteViz: libvpx, Bson, Boost, OpenSSL, libjpeg-turbo, FFmpeg, OpenH264, Nvidia Video Codec, Intel QuickSync, H264
- Hardcopy: Haru Free PDF Library, Universal3D Sample Software
- DialogViz: Qt
- IvTune: Qt
Open source third party informations
This section contains copyright notices, licenses, and/or acknowledgements as requested or required by various third party software providers whose software is used in Open Inventor.
OpenAL
From the OpenAL distribution:
As required by the GNU Library General Public License, its text is
included here:
GNU LIBRARY GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1991 Free Software Foundation, Inc.
59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
numbered 2 because it goes with version 2 of the ordinary GPL.]
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That's all there is to it
OpenJPEG
From the OpenJPEG distribution:
FreeType
Portions of this software from FEI S.A.S. are copyright © 2006 The FreeType Project (www.freetype.org). All rights reserved.
libJasper
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Copyright (c) 2001-2016 Michael David Adams
Copyright (c) 1999-2000 Image Power, Inc.
Copyright (c) 1999-2000 The University of British Columbia
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Jpeg
Open Inventor is based in part on the work of the Independent JPEG Group.
The Jpeg software used by FEI S.A.S. is the work of Tom Lane, Philip Gladstone, Jim Boucher, Lee Crocker, Julian Minguillon, Luis Ortiz, George Phillips, Davide Rossi, Guido Vollbeding, Ge' Weijers, and other members of the Independent JPEG Group.
IJG is not affiliated with the official ISO JPEG standards committee.
From the libJpeg distribution:
This software is the work of Tom Lane, Guido Vollbeding, Philip Gladstone,
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LEGAL ISSUES
============
In plain English:
1. We don't promise that this software works. (But if you find any bugs,
please let us know!)
2. You can use this software for whatever you want. You don't have to pay us.
3. You may not pretend that you wrote this software. If you use it in a
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We specifically permit and encourage the use of this software as the basis of
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The IJG distribution formerly included code to read and write GIF files.
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to produce "uncompressed GIFs". This technique does not use the LZW
algorithm; the resulting GIF files are larger than usual, but are readable
by all standard GIF decoders.
libPng
Open Inventor is based in part on libpng.
libTiff
From the libTiff distribution:
Permission to use, copy, modify, distribute, and sell this software and
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OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF
LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF THIS SOFTWARE.
zlib
Copyright (C) 1995-2005 Jean-loup Gailly and Mark Adler
This software is provided 'as-is', without any express or implied
warranty. In no event will the authors be held liable for any damages
arising from the use of this software.
Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter it and redistribute it
freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not
claim that you wrote the original software. If you use this software
in a product, an acknowledgment in the product documentation would be
appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be
misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
Jean-loup Gailly Mark Adler
jloup@gzip.org madler@alumni.caltech.edu
The data format used by the zlib library is described by RFCs (Request for
Comments) 1950 to 1952 in the files ftp://ds.internic.net/rfc/rfc1950.txt
(zlib format), rfc1951.txt (deflate format) and rfc1952.txt (gzip format).
*/
bzip2
From the bzip2 distribution:
Copyright (C) 1996-2005 Julian R Seward. All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. The origin of this software must not be misrepresented; you must
not claim that you wrote the original software. If you use this
software in a product, an acknowledgment in the product documentation
would be appreciated but is not required.
3. Altered source versions must be plainly marked as such, and must
not be misrepresented as being the original software.
4. The name of the author may not be used to endorse or promote products
derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS
OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Julian Seward, Cambridge, UK.
jseward@bzip.org bzip2/libbzip2 version 1.0 of 21 March 2000
This program is based on (at least) the work of:
Mike Burrows
David Wheeler
Peter Fenwick
Alistair Moffat
Radford Neal
Ian H. Witten
Robert Sedgewick
Jon L. Bentley
For more information on these sources, see the manual.
--*/
pthreads-win32
pthreads-win32 - a POSIX threads library for Microsoft Windows
This file is covered under the following Copyright:
Copyright (C) 2001 Ross P. Johnson
All rights reserved.
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Pthreads-win32 is covered by the GNU Lesser General Public License
------------------------------------------------------------------
Pthreads-win32 is open software; you can redistribute it and/or
modify it under the terms of the GNU Lesser General Public License
as published by the Free Software Foundation version 2.1 of the
License.
Pthreads-win32 is several binary link libraries, several modules,
associated interface definition files and scripts used to control
its compilation and installation.
Pthreads-win32 is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU Lesser General Public License for more details.
A copy of the GNU Lesser General Public License is distributed with
pthreads-win32 under the filename:
COPYING.LIB
You should have received a copy of the version 2.1 GNU Lesser General
Public License with pthreads-win32; if not, write to:
Free Software Foundation, Inc.
59 Temple Place
Suite 330
Boston, MA 02111-1307
USA
The contact addresses for pthreads-win32 is as follows:
Web: http://sources.redhat.com/pthreads-win32
Email: Ross Johnson (rpj@ise.canberra.edu.au), or
Ross.Johnson@canberra.edu.au
Pthreads-win32 copyrights and exception files
---------------------------------------------
With the exception of the files listed below, Pthreads-win32
is covered under the following GNU Lesser General Public License
Copyrights:
Pthreads-win32 - POSIX Threads Library for Win32
Copyright(C) 1998 John E. Bossom
Copyright(C) 1999,2002 Pthreads-win32 contributors
The current list of contributors is contained
in the file CONTRIBUTORS included with the source
code distribution. The current list of CONTRIBUTORS
can also be seen at the following WWW location:
http://sources.redhat.com/pthreads-win32/contributors.html
Contact Email: rpj@ise.canberra.edu.au
These files are not covered under one of the Copyrights listed above:
COPYING
COPYING.LIB
tests/rwlock7.c
This file, COPYING, is distributed under the Copyright found at the
top of this file. It is important to note that you may distribute
verbatim copies of this file but you may not modify this file.
The file COPYING.LIB, which contains a copy of the version 2.1
GNU Lesser General Public License, is itself copyrighted by the
Free Software Foundation, Inc. Please note that the Free Software
Foundation, Inc. does NOT have a copyright over Pthreads-win32,
only the COPYING.LIB that is supplied with pthreads-win32.
The file tests/rwlock7.c is derived from code written by
Dave Butenhof for his book 'Programming With POSIX(R) Threads'.
The original code was obtained by free download from his website
http://home.earthlink.net/~anneart/family/Threads/source.html
and did not contain a copyright or author notice. It is assumed to
be freely distributable.
In all cases one may use and distribute these exception files freely.
And because one may freely distribute the LGPL covered files, the
entire pthreads-win32 source may be freely used and distributed.
General Copyleft and License info
---------------------------------
For general information on Copylefts, see:
http://www.gnu.org/copyleft/
For information on GNU Lesser General Public Licenses, see:
http://www.gnu.org/copyleft/lesser.html
http://www.gnu.org/copyleft/lesser.txt
Why pthreads-win32 did not use the GNU General Public License
-------------------------------------------------------------
The goal of the pthreads-win32 project has been to
provide a quality and complete implementation of the POSIX
threads API for Microsoft Windows within the limits imposed
by virtue of it being a stand-alone library and not
linked directly to other POSIX compliant libraries. For
example, some functions and features, such as those based
on POSIX signals, are missing.
Pthreads-win32 is a library, available in several different
versions depending on supported compilers, and may be used
as a dynamically linked module or a statically linked set of
binary modules. It is not an application on it's own.
It was fully intended that pthreads-win32 be usable with
commercial software not covered by either the GPL or the LGPL
licenses. Pthreads-win32 has many contributors to it's
code base, many of whom have done so because they have
used the library in commercial or proprietry software
projects.
Releasing pthreads-win32 under the LGPL ensures that the
library can be used widely, while at the same time ensures
that bug fixes and improvements to the pthreads-win32 code
itself is returned to benefit all current and future users
of the library.
Although pthreads-win32 makes it possible for applications
that use POSIX threads to be ported to Win32 platforms, the
broader goal of the project is to encourage the use of open
standards, and in particular, to make it just a little easier
for developers writing Win32 applications to consider
widening the potential market for their products.
PROJ4
From the PROJ.4 distribution:
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.
------------------------------------------------------------------------------
Original Author:
Gerald Evenden
Maintainer(s):
Frank Warmerdam warmerdam@pobox.com
Contributors:
Brent Fraser bfraser@geoanalytic.com
Chris Stuber imap@chesapeake.net
Craig Bruce cbruce@cubewerx.com
Victor Osipkov vctos@email.com
Andrea Antonello andrea.antonello@hydrologis.com
Haru Free PDF Library
From the HPDF distribution:
The license of Haru is as follows.
Copyright (C) 1999-2006 Takeshi Kanno
This software is provided 'as-is', without any express or implied warranty.
In no event will the authors be held liable for any damages arising from the
use of this software.
Permission is granted to anyone to use this software for any purpose,including
commercial applications, and to alter it and redistribute it freely, subject
to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim
that you wrote the original software. If you use this software in a
product, an acknowledgment in the product documentation would be
appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be
misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
*
* Acknowledgment
*
1. Information-technology Promotion Agency(IPA)
The development of Haru has been supported by Exploratory Software Project
of Information-technology Promotion Agency(IPA), Japan.
2. All users of libHaru.
We wish to thank all users of Haru.
In particular, we thank Thomas Nimstad, LeslieM, Par Hogberg, adenelson,
Riccardo Cohen, sea_sbs, Andrew.
They gave me very useful advices.
3. Sourceforge.net
We would like to thank sourceForge.net for project hosting.
4. Adobe Systems Inc.
We thank Adobe Systems Inc. for publishing PDF specification.
Universal3D Sample Software (U3D)
From the U3D distribution:
This software is located in the following directories and files
(embedded within them or in their entirety):
Source\RTL\Dependencies
+ Fowler/Noll/Vo (FNV) Hash from Landon Curt Noll
(http://www.isthe.com/chongo/tech/comp/fnv/index.html)
+ JPEG library from the Independent JPEG Group
(http://www.ijg.org/)
+ OpenGL SDK's glext.h from Silicon Graphics, Inc.
(http://oss.sgi.com/projects/ogl-sample/sdk.html)
+ PNG reference library LIBPNG from Guy Eric Schalnat,
Andreas Dilger, Glenn Randers-Pehrson, and others
(http://www.libpng.org/pub/png/libpng.html)
+ Routines for Arbitrary Precision Floating-point Arithmetic and
Fast Robust Geometric Predicates (predicates.c) from Jonathan
Richard Shewchuk (http://www.cs.cmu.edu/~quake/robust.html)
+ Wildcard Match module (wcmatch.h/c) from Ville Vainio
(http://www.students.tut.fi/~vainio24/dl/)
+ ZLIB general purpose compression library from Jean-loup Gailly
and Mark Adler (http://www.gzip.org/zlib/)
© 1999 - 2006 Intel Corporation. All rights reserved. Intel is a trademark
or registered trademark of Intel Corporation or its subsidiaries in the
United States and other countries.
The OpenGL Extension Wrangler Library (GLEW)
Open Inventor uses a modified version of the OpenGL Extension Wrangler library covered by the BSD License as described below:
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
* The name of the author may be used to endorse or promote products
derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE.
cmake
CMake was initially developed by Kitware with the following sponsorship:
* US National Labs (Los Alamos, Livermore, Sandia) ASC Parallel
Visualization Initiative.
* National Alliance for Medical Image Computing (NAMIC) is funded by the
National Institutes of Health through the NIH Roadmap for Medical Research,
Grant U54 EB005149.
* Kitware, Inc.
The CMake copyright is as follows:
Copyright (c) 2002 Kitware, Inc., Insight Consortium
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
* Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
* The names of Kitware, Inc., the Insight Consortium, or the names of
any consortium members, or of any contributors, may not be used to
endorse or promote products derived from this software without
specific prior written permission.
* Modified source versions must be plainly marked as such, and must
not be misrepresented as being the original software.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDER AND CONTRIBUTORS ``AS IS''
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS OR CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
MPEG Software Simulation Group
The Open Inventor MPEG recorder API includes the "MPEG Software Simulation Group" implementation. The following Disclaimer of Warranty applies to this part of the product. Notice also that neither the "MPEG Software Simulation Group" nor FEI protect end-users against patent infringements related to the MPEG standard.
These software programs are available to the user without any license fee or royalty on an "as is" basis. The MPEG Software Simulation Group disclaims any and all warranties, whether express, implied, or statuary, including any implied warranties or merchantability or of fitness for a particular purpose. In no event shall the copyright-holder be liable for any incidental, punitive, or consequential damages of any kind whatsoever arising from the use of these programs.
This disclaimer of warranty extends to the user of these programs and user's customers, employees, agents, transferees, successors, and assigns. The MPEG Software Simulation Group does not represent or warrant that the programs furnished hereunder are free of infringement of any third-party patents.
Commercial implementations of MPEG-1 and MPEG-2 video, including shareware, are subject to royalty fees to patent holders. Many of these patents are general enough such that they are unavoidable regardless of implementation design.
Boost library
Permission is hereby granted, free of charge, to any person or organization
obtaining a copy of the software and accompanying documentation covered by
this license (the "Software") to use, reproduce, display, distribute,
execute, and transmit the Software, and to prepare derivative works of the
Software, and to permit third-parties to whom the Software is furnished to
do so, all subject to the following:
The copyright notices in the Software and this entire statement, including
the above license grant, this restriction and the following disclaimer,
must be included in all copies of the Software, in whole or in part, and
all derivative works of the Software, unless such copies or derivative
works are solely in the form of machine-executable object code generated by
a source language processor.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT
SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE
FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE,
ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
DEALINGS IN THE SOFTWARE.
log4cplus
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Eigen
Eigen is MPL2-licensed. More information can be found here, http://www.mozilla.org/MPL/2.0/
OpenVR
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation and/or
other materials provided with the distribution.
3. Neither the name of the copyright holder nor the names of its contributors
may be used to endorse or promote products derived from this software without
specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
libCPU
* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
OpenSSL
The OpenSSL toolkit stays under a dual license, i.e. both the conditions of
the OpenSSL License and the original SSLeay license apply to the toolkit.
See below for the actual license texts. Actually both licenses are BSD-style
Open Source licenses. In case of any license issues related to OpenSSL
please contact openssl-core@openssl.org.
OpenSSL License
---------------
/* ====================================================================
* Copyright (c) 1998-2016 The OpenSSL Project. All rights reserved.
*
* Redistribution and use in source and binary forms, with or without
* modification, are permitted provided that the following conditions
* are met:
*
* 1. Redistributions of source code must retain the above copyright
* notice, this list of conditions and the following disclaimer.
*
* 2. Redistributions in binary form must reproduce the above copyright
* notice, this list of conditions and the following disclaimer in
* the documentation and/or other materials provided with the
* distribution.
*
* 3. All advertising materials mentioning features or use of this
* software must display the following acknowledgment:
* "This product includes software developed by the OpenSSL Project
* for use in the OpenSSL Toolkit. (http://www.openssl.org/)"
*
* 4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to
* endorse or promote products derived from this software without
* prior written permission. For written permission, please contact
* openssl-core@openssl.org.
*
* 5. Products derived from this software may not be called "OpenSSL"
* nor may "OpenSSL" appear in their names without prior written
* permission of the OpenSSL Project.
*
* 6. Redistributions of any form whatsoever must retain the following
* acknowledgment:
* "This product includes software developed by the OpenSSL Project
* for use in the OpenSSL Toolkit (http://www.openssl.org/)"
*
* THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY
* EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
* IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
* PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR
* ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
* SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
* NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
* LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
* HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
* STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
* ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
* OF THE POSSIBILITY OF SUCH DAMAGE.
* ====================================================================
*
* This product includes cryptographic software written by Eric Young
* (eay@cryptsoft.com). This product includes software written by Tim
* Hudson (tjh@cryptsoft.com).
*
*/
Original SSLeay License
-----------------------
/* Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com)
* All rights reserved.
*
* This package is an SSL implementation written
* by Eric Young (eay@cryptsoft.com).
* The implementation was written so as to conform with Netscapes SSL.
*
* This library is free for commercial and non-commercial use as long as
* the following conditions are aheared to. The following conditions
* apply to all code found in this distribution, be it the RC4, RSA,
* lhash, DES, etc., code; not just the SSL code. The SSL documentation
* included with this distribution is covered by the same copyright terms
* except that the holder is Tim Hudson (tjh@cryptsoft.com).
*
* Copyright remains Eric Young's, and as such any Copyright notices in
* the code are not to be removed.
* If this package is used in a product, Eric Young should be given attribution
* as the author of the parts of the library used.
* This can be in the form of a textual message at program startup or
* in documentation (online or textual) provided with the package.
*
* Redistribution and use in source and binary forms, with or without
* modification, are permitted provided that the following conditions
* are met:
* 1. Redistributions of source code must retain the copyright
* notice, this list of conditions and the following disclaimer.
* 2. Redistributions in binary form must reproduce the above copyright
* notice, this list of conditions and the following disclaimer in the
* documentation and/or other materials provided with the distribution.
* 3. All advertising materials mentioning features or use of this software
* must display the following acknowledgement:
* "This product includes cryptographic software written by
* Eric Young (eay@cryptsoft.com)"
* The word 'cryptographic' can be left out if the rouines from the library
* being used are not cryptographic related :-).
* 4. If you include any Windows specific code (or a derivative thereof) from
* the apps directory (application code) you must include an acknowledgement:
* "This product includes software written by Tim Hudson (tjh@cryptsoft.com)"
*
* THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND
* ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
* IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
* ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE
* FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
* DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
* OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
* HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
* LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
* OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
* SUCH DAMAGE.
*
* The licence and distribution terms for any publically available version or
* derivative of this code cannot be changed. i.e. this code cannot simply be
* copied and put under another distribution licence
* [including the GNU Public Licence.]
*/
libvpx
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
* Neither the name of Google, nor the WebM Project, nor the names
of its contributors may be used to endorse or promote products
derived from this software without specific prior written
permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Bson
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Important Notice
----------------
READ CAREFULLY: This Software License Agreement ("Agreement")
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Recitals
--------
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1.7.1.4. No Liability for Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
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(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
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OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE FEEDBACK, EVEN IF THE OTHER PARTY HAS
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maybe similar to the Feedback and Licensee's confidential
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be provided to NVIDIA in connection with Feedback by Licensee.
Accordingly, Licensee agrees that nothing in this Agreement
will be construed as a representation or inference that NVIDIA
will not develop, design, manufacture, acquire, market
products, or have products developed, designed, manufactured,
Component : NVIDIA Optimizing Compiler Library
Windows : nvvm.dll
MacOs : libnvvm.so
Linux : libnvvm.dylib
Component : NVIDIA Common Device Math Functions Library
Windows : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc
MacOs : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc
Linux : libdevice.compute_20.bc, libdevice.compute_30.bc, libdevice.compute_35.bc
Component : NVIDIA Internal Library
MacOs : libtlshook.dylib
1.9. Attachment B
Additional Licensing Obligations
The following third party components included in the SOFTWARE
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1. Licensee's use of the following third party components is
subject to the terms and conditions of GNU GPL v2.0:
a. gdb
b. Open64
This product includes copyrighted third-party software
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This product includes copyrighted third-party software licensed under
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3. Licensee represents and warrants that any and all third
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In addition, Licensee acknowledges the following notice:
Thrust includes source code from the Boost Iterator, Tuple, System,
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Boost Software License - Version 1.0 - August 17th, 2003
. . . .
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======================================================
LLVM Release License
======================================================
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Developed by:
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------------
PCRE LICENCE
------------
PCRE is a library of functions to support regular expressions whose syntax
and semantics are as close as possible to those of the Perl 5 language.
Release 8 of PCRE is distributed under the terms of the "BSD" licence, as
specified below. The documentation for PCRE, supplied in the "doc"
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THE BASIC LIBRARY FUNCTIONS
---------------------------
Written by: Philip Hazel
Email local part: ph10
Email domain: cam.ac.uk
University of Cambridge Computing Service,
Cambridge, England.
Copyright (c) 1997-2012 University of Cambridge
All rights reserved.
PCRE JUST-IN-TIME COMPILATION SUPPORT
-------------------------------------
Written by: Zoltan Herczeg
Email local part: hzmester
Emain domain: freemail.hu
Copyright(c) 2010-2012 Zoltan Herczeg
All rights reserved.
STACK-LESS JUST-IN-TIME COMPILER
--------------------------------
Written by: Zoltan Herczeg
Email local part: hzmester
Emain domain: freemail.hu
Copyright(c) 2009-2012 Zoltan Herczeg
All rights reserved.
THE C++ WRAPPER FUNCTIONS
-------------------------
Contributed by: Google Inc.
Copyright (c) 2007-2012, Google Inc.
All rights reserved.
THE "BSD" LICENCE
-----------------
Redistribution and use in source and binary forms, with or without
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Copyright (c) 2007-2009, Regents of the University of California
All rights reserved.
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8. Some of the CUBLAS library routines were written by or
derived from code written by Davide Barbieri and are
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License as follows:
Copyright (c) 2008-2009 Davide Barbieri @ University of Rome Tor Vergata.
All rights reserved.
Redistribution and use in source and binary forms, with or without
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HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
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9. Some of the CUBLAS library routines were derived from
code developed by the University of Tennessee and are
subject to the Modified Berkeley Software Distribution
License as follows:
Copyright (c) 2010 The University of Tennessee.
All rights reserved.
Redistribution and use in source and binary forms, with or without
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met:
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other materials provided with the distribution.
* Neither the name of the copyright holders nor the names of its
contributors may be used to endorse or promote products derived
from this software without specific prior written permission.
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"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
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LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
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THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
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OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
10. Some of the CUBLAS library routines were written by or
derived from code written by Jonathan Hogg and are subject
to the Modified Berkeley Software Distribution License as
follows:
Copyright (c) 2012, The Science and Technology Facilities Council (STFC).
All rights reserved.
Redistribution and use in source and binary forms, with or without
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* Neither the name of the STFC nor the names of its contributors
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OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN
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11. Some of the CUSPARSE library routines were written by or
derived from code written by Li-Wen Chang and are subject
to the NCSA Open Source License as follows:
Copyright (c) 2012, University of Illinois.
All rights reserved.
Developed by: IMPACT Group, University of Illinois, http://impact.crhc.illinois.edu
Permission is hereby granted, free of charge, to any person obtaining
a copy of this software and associated documentation files (the
"Software"), to deal with the Software without restriction, including
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permit persons to whom the Software is furnished to do so, subject to
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* Redistributions of source code must retain the above copyright
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12. Some of the CURAND library routines were written by or
derived from code written by Mutsuo Saito and Makoto
Matsumoto and are subject to the following license:
Copyright (c) 2009, 2010 Mutsuo Saito, Makoto Matsumoto and Hiroshima
University. All rights reserved.
Copyright (c) 2011 Mutsuo Saito, Makoto Matsumoto, Hiroshima
University and University of Tokyo. All rights reserved.
Redistribution and use in source and binary forms, with or without
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* Redistributions of source code must retain the above copyright
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* Redistributions in binary form must reproduce the above
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* Neither the name of the Hiroshima University nor the names of
its contributors may be used to endorse or promote products
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THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
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LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
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(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
13. Some of the CURAND library routines were derived from
code developed by D. E. Shaw Research and are subject to
the following license:
Copyright 2010-2011, D. E. Shaw Research.
All rights reserved.
Redistribution and use in source and binary forms, with or without
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2. NVIDIA Corporation CUDA Samples End User License Agreement
-------------------------------------------------------------
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3. NVIDIA Driver License for Customer Use of NVIDIA Software
------------------------------------------------------------
IMPORTANT NOTICE -- READ CAREFULLY:
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RECITALS:
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limitations:
3.2.1.1. Rights
Customer may install and use multiple copies of the SOFTWARE
on a shared computer or concurrently on different computers,
and make multiple back-up copies of the SOFTWARE, solely for
Customer's use within Customer's Enterprise. "Enterprise"
shall mean individual use by Customer or any legal entity
(such as a corporation or university) and the subsidiaries it
owns by more than fifty percent (50%).
3.2.1.2. Linux/FreeBSD Exception
Notwithstanding the foregoing terms of Section 3.2.1.1,
SOFTWARE designed exclusively for use on the Linux or FreeBSD
operating systems, or other operating systems derived from the
source code to these operating systems, may be copied and
redistributed, provided that the binary files thereof are not
modified in any way (except for unzipping of compressed
files).
3.2.1.3. Limitations
No Reverse Engineering
Customer may not reverse engineer, decompile, or disassemble
the SOFTWARE, nor attempt in any other manner to obtain the
source code.
No Separation of Components
The SOFTWARE is licensed as a single product. Its component
parts may not be separated for use on more than one computer,
nor otherwise used separately from the other parts.
No Rental
Customer may not rent or lease the SOFTWARE to someone else.
3.3. Termination
This LICENSE will automatically terminate if Customer fails to
comply with any of the terms and conditions hereof. In such
event, Customer must destroy all copies of the SOFTWARE and
all of its component parts.
Defensive Suspension. If Customer commences or participates in
any legal proceeding against NVIDIA, then NVIDIA may, in its
sole discretion, suspend or terminate all license grants and
any other rights provided under this LICENSE during the
pendency of such legal proceedings.
3.4. Copyright
All title and copyrights in and to the SOFTWARE (including but
not limited to all images, photographs, animations, video,
audio, music, text, and other information incorporated into
the SOFTWARE), the accompanying printed materials, and any
copies of the SOFTWARE, are owned by NVIDIA, or its suppliers.
The SOFTWARE is protected by copyright laws and international
treaty provisions. Accordingly, Customer is required to treat
the SOFTWARE like any other copyrighted material, except as
otherwise allowed pursuant to this LICENSE and that it may
make one copy of the SOFTWARE solely for backup or archive
purposes.
Applicable Law
This LICENSE shall be deemed to have been made in, and shall
be construed pursuant to, the laws of the State of Delaware.
The United Nations Convention on Contracts for the
International Sale of Goods is specifically disclaimed.
3.6. Disclaimer of Warranties and Limitations on Liability
3.6.1. No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS
DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER
EXPRESS, IMPLIED, OR STATUTORY, RELATING TO OR ARISING FROM
THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT. Without limiting the
foregoing, you are solely responsible for determining and
verifying that the SOFTWARE that you obtain and install is the
appropriate version for your model of graphics controller
board, operating system, and computer hardware.
No Liability for Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL EITHER PARTY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE FEEDBACK, EVEN IF THE OTHER PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3.7. System Updates
Customer hereby agrees and acknowledges that the SOFTWARE may
access, collect non-personally identifiable information about,
update, and configure Customer's system in order to properly
optimize such system for use with the SOFTWARE. To the extent
that Customer uses the SOFTWARE, Customer hereby consents to
all of the foregoing, and represent and warrant that Customer
has the right to grant such consent. In addition, Customer
agrees that Customer is solely responsible for maintaining
appropriate data backups and system restore points for
Customer's system, and that NVIDIA will have no responsibility
for any damage or loss to such system (including loss of data
or access) arising from or relating to (a) any changes to the
configuration, application settings, environment variables,
registry, drivers, BIOS, or other attributes of the system (or
any part of such system) initiated through the SOFTWARE; or
(b) installation of any SOFTWARE or third party software
patches through the NVIDIA Update Service. The SOFTWARE may
contain links to websites and services. We encourage you to
review the privacy statements on those sites and services that
you choose to visit so that you can understand how they may
collect, use and share your personal information. NVIDIA is
not responsible for the privacy statements or practices of
sites and services controlled by other companies or
organizations.
Registration and Customer Information. Customer represents and
warrants that the non-personally identifiable information that
Customer has furnished in connection with its registration for
the SOFTWARE is complete and accurate. Customer also
acknowledges that from time to time, NVIDIA may collect, use,
and disclose such information about Customer and/or Customer's
system in connection with the SOFTWARE in accordance with
NVIDIA's privacy policy, available at URL
http://www.nvidia.com/object/privacy_policy.html. If Customer
does not wish the SOFTWARE to provide system updates as
described in this Section 3.7, uncheck "Automatically check
for updates" in the "Preferences" tab of the applicable NVIDIA
Update control panel for the SOFTWARE.
3.8. Miscellaneous
If any provision of this LICENSE is inconsistent with, or
cannot be fully enforced under, the law, such provision will
be construed as limited to the extent necessary to be
consistent with and fully enforceable under the law. This
LICENSE is the final, complete and exclusive agreement between
the parties relating to the subject matter hereof, and
supersedes all prior or contemporaneous understandings and
agreements relating to such subject matter, whether oral or
written. This LICENSE may only be modified in writing signed
by an authorized officer of NVIDIA. Customer agrees that it
will not ship, transfer or export the SOFTWARE into any
country, or use the SOFTWARE in any manner, prohibited by the
United States Bureau of Industry and Security or any export
laws, restrictions or regulations.
4. NVIDIA Nsight Development Platform, Visual Studio Edition
Software License Agreement (Windows only)
------------------------------------------------------------
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING
----------------------------------------------------
Do not use or load this software and any associated materials
provided by NVIDIA on its extranet (collectively the
"Software") until You have carefully read the following terms
and conditions. By loading or using the Software, You agree to
fully comply with the terms and conditions of this Software
License Agreement ("Agreement") by and between NVIDIA
Corporation, a Delaware corporation with its principal place
of business at 2701 San Tomas Expressway, Santa Clara,
California 95050 U.S.A. ("NVIDIA"), and You. If You do not
wish to so agree, do not install or use the Software.
For the purposes of this Agreement:
"Licensee," "You" and/or "Your" shall mean, collectively and
individually, Original Equipment Manufacturers, Independent
Hardware Vendors, Independent Software Vendors, and End-Users
of the Software pursuant to the terms and conditions of this
Agreement.
"Intellectual Property Rights" shall mean all proprietary
rights, including all patents, trademarks, copyrights,
know-how, trade secrets, mask works, including all
applications and registrations thereto, and any other similar
protected rights in any country.
4.1. Grant of License
NVIDIA agrees to provide the Software and any associated
materials pursuant to this Agreement. Subject to the terms of
this Agreement, NVIDIA grants to You a nonexclusive,
transferable, worldwide, revocable, limited, royalty-free,
fully paid-up license under NVIDIA's copyrights to install,
deploy, use, have used execute, reproduce, display, perform,
run, the object code of the Software, to create Your products
to interoperate with NVIDIA hardware and software.
Unless otherwise authorized in the Agreement, You shall not
otherwise assign, sublicense, lease, or in any other way
transfer or disclose Software to any third party. Unless
otherwise authorized in the Agreement, You shall not reverse-
compile, disassemble, reverse-engineer, or in any manner
attempt to derive the source code of the Software from the
object code portions of the Software.
Except as expressly stated in this Agreement, no license or
right is granted to You directly or by implication,
inducement, estoppels or otherwise. NVIDIA shall have the
right to inspect or have an independent auditor inspect Your
relevant records to verify Your compliance with the terms and
conditions of this Agreement.
4.2. Confidentiality
If applicable, any exchange of Confidential Information (as
defined in the NDA) shall be made pursuant to the terms and
conditions of a separately signed Non-Disclosure Agreement
("NDA") by and between NVIDIA and You. For the sake of
clarity, You agree that (a) the Software; and (b) Your use of
the Software/participation in the Software's pre-production
release is considered Confidential Information of NVIDIA.
If You wish to have a third party consultant or subcontractor
("Contractor") perform work on Your behalf which involves
access to or use of Software, You shall obtain a written
confidentiality agreement from the Contractor which contains
terms and obligations with respect to access to or use of
Software no less restrictive than those set forth in this
Agreement and excluding any distribution or sublicense rights,
and use for any other purpose than permitted in this
Agreement. Otherwise, You shall not disclose the terms or
existence of this Agreement or use NVIDIA's name in any
publications, advertisements, or other announcements without
NVIDIA's prior written consent. Unless otherwise provided in
this Agreement, You do not have any rights to use any NVIDIA
trademarks or logos.
4.3. Ownership of Software and Intellectual Property Rights
All rights, title and interest to all copies of the Software
remain with NVIDIA, subsidiaries, licensors, or its suppliers.
The Software is copyrighted and protected by the laws of the
United States and other countries, and international treaty
provisions. You may not remove any copyright notices from the
Software. NVIDIA may make changes to the Software, or to items
referenced therein, at any time and without notice, but is not
obligated to support or update the Software. Except as
otherwise expressly provided, NVIDIA grants no express or
implied right under any NVIDIA patents, copyrights,
trademarks, or other intellectual property rights.
You have no obligation to give NVIDIA any suggestions,
comments or other feedback ("Feedback") relating to the
Software. However, NVIDIA may use and include any Feedback
that You voluntarily provide to improve the Software or other
related NVIDIA technologies. Accordingly, if You provide
Feedback, You agree NVIDIA and its licensees may freely use,
reproduce, license, distribute, and otherwise commercialize
the Feedback in the Software or other related technologies
without the payment of any royalties or fees. You also agree
that the Software may collect application specific session
data and target device information that shall be sent to
NVIDIA, solely for use by NVIDIA in improving the Software.
4.4. No Warranties
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR
IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF
MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR
PURPOSE. NVIDIA does not warrant or assume responsibility for
the accuracy or completeness of any information, text,
graphics, links or other items contained within the Software.
NVIDIA does not represent that errors or other defects will be
identified or corrected.
4.5. Limitation of Liability
EXCEPT WITH RESPECT TO THE MISUSE OF THE OTHER PARTY'S
INTELLECTUAL PROPERTY OR DISCLOSURE OF THE OTHER PARTY'S
CONFIDENTIAL INFORMATION IN BREACH OF THIS AGREEMENT, IN NO
EVENT SHALL NVIDIA, SUBSIDIARIES, LICENSORS, OR ITS SUPPLIERS
BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, INDIRECT, LOST PROFITS, CONSEQUENTIAL, BUSINESS
INTERRUPTION OR LOST INFORMATION) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED
WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER
LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
NOTWITHSTANDING THE FOREGOING, NVIDIA'S AGGREGATE LIABILITY
ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED
UNITED STATES DOLLARS (USD$100).
4.6. Term
This Agreement and the licenses granted hereunder shall be
effective as of the date You install/download the Software
("Effective Date") and continue perpetually, unless terminated
earlier in accordance with the "Termination" provision of this
Agreement.
4.7. Termination
NVIDIA may terminate this Agreement at any time if You violate
its terms. Upon termination, You will immediately destroy the
Software or return all copies of the Software to NVIDIA, and
certify to NVIDIA in writing that such actions have been
completed.
4.8. Miscellaneous
4.8.1. Survival
Those provisions in this Agreement, which by their nature need
to survive the termination or expiration of this Agreement,
shall survive termination or expiration of the Agreement,
including but not limited to Section 4.2, Section 4.3,
Section 4.4, Section 4.5, Section 4.7, and Section 4.8.
4.8.2. Applicable Laws
Claims arising under this Agreement shall be governed by the
laws of Delaware, excluding its principles of conflict of laws
and the United Nations Convention on Contracts for the Sale of
Goods. The state and/or federal courts residing in Santa Clara
County, California shall have exclusive jurisdiction over any
dispute or claim arising out of this Agreement. You may not
export the Software in violation of applicable export laws and
regulations.
4.8.3. Amendment
The Agreement shall not be modified except by a written
agreement that names this Agreement and any provision to be
modified, is dated subsequent to the Effective Date, and is
signed by duly authorized representatives of both parties.
4.8.4. No Waiver
No failure or delay on the part of either party in the
exercise of any right, power or remedy under this Agreement or
under law, or to insist upon or enforce performance by the
other party of any of the provisions of this Agreement or
under law, shall operate as a waiver thereof, nor shall any
single or partial exercise of any right, power or remedy
preclude other or further exercise thereof, or the exercise of
any other right, power or remedy; rather the provision, right,
or remedy shall be and remain in full force and effect.
4.8.5. No Assignment
This Agreement and Licensee's rights and obligations herein,
may not be assigned, subcontracted, delegated, or otherwise
transferred by Licensee without NVIDIA's prior written
consent, and any attempted assignment, subcontract,
delegation, or transfer in violation of the foregoing will be
null and void. The terms of this Agreement shall be binding
upon Licensee's assignees.
4.8.6. Government Restricted Rights
The parties acknowledge that the Software is subject to U.S.
export control laws and regulations. The parties agree to
comply with all applicable international and national laws
that apply to the Software, including the U.S. Export
Administration Regulations, as well as end-user, end-use and
destination restrictions issued by U.S. and other governments.
The Software has been developed entirely at private expense
and is commercial computer software provided with RESTRICTED
RIGHTS. Use, duplication or disclosure of the Software by the
U.S. Government or a U.S. Government subcontractor is subject
to the restrictions set forth in the Agreement under which the
Software was obtained pursuant to DFARS 227.7202-3(a) or as
set forth in subparagraphs (c)(1) and (2) of the Commercial
Computer Software - Restricted Rights clause at FAR 52.227-19,
as applicable. Contractor/manufacturer is NVIDIA, 2701 San
Tomas Expressway, Santa Clara, CA 95050. Use of the Software
by the Government constitutes acknowledgment of NVIDIA's
proprietary rights therein.
4.8.7. Independent Contractors
Licensee's relationship to NVIDIA is that of an independent
contractor, and neither party is an agent or partner of the
other. Licensee will not have, and will not represent to any
third party that it has, any authority to act on behalf of
NVIDIA.
4.8.8. Severability
If for any reason a court of competent jurisdiction finds any
provision of this Agreement, or portion thereof, to be
unenforceable, that provision of the Agreement will be
enforced to the maximum extent permissible so as to affect the
intent of the parties, and the remainder of this Agreement
will continue in full force and effect. This Agreement has
been negotiated by the parties and their respective counsel
and will be interpreted fairly in accordance with its terms
and without any strict construction in favor of or against
either party.
4.8.9. Entire Agreement
This Agreement and NDA constitute the entire agreement between
the parties with respect to the subject matter contemplated
herein, and merges all prior and contemporaneous
communications.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DIRECTX END USER RUNTIME
These license terms are an agreement between Microsoft Corporation (or based on
where you live, one of its affiliates) and you. Please read them. They apply
to the software named above, which includes the media on which you received it,
if any. The terms also apply to any Microsoft
* updates,
* supplements,
* Internet-based services, and
* support services
for this software, unless other terms accompany those items. If so, those
terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO
NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies
of the software on your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only
gives you some rights to use the software. Microsoft reserves all other
rights. Unless applicable law gives you more rights despite this limitation,
you may use the software only as expressly permitted in this agreement. In
doing so, you must comply with any technical limitations in the software that
only allow you to use it in certain ways. You may not
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, except and only to
the extent that applicable law expressly permits, despite this limitation;
* make more copies of the software than specified in this agreement or allowed
by applicable law, despite this limitation;
* publish the software for others to copy;
* rent, lease or lend the software;
* transfer the software or this agreement to any third party; or
* use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it
only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or
internal network may copy and use the documentation for your internal,
reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws
and regulations. You must comply with all domestic and international export
laws and regulations that apply to the software. These laws include
restrictions on destinations, end users and end use. For additional
information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is "as is," we may not provide
support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates,
Internet-based services and support services that you use, are the entire
agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States,
Washington state law governs the interpretation of this agreement and applies
to claims for breach of it, regardless of conflict of laws principles. The
laws of the state where you live govern all other claims, including claims
under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other
country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have
other rights under the laws of your country. You may also have rights with
respect to the party from whom you acquired the software. This agreement does
not change your rights under the laws of your country if the laws of your
country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE
RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR
CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS
WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL
LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM
MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT
RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL,
INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
* anything related to the software, services, content (including code) on third
party Internet sites, or third party programs; and
* claims for breach of contract, breach of warranty, guarantee or condition,
strict liability, negligence, or other tort to the extent permitted by
applicable law.
It also applies even if Microsoft knew or should have known about the
possibility of the damages. The above limitation or exclusion may not apply to
you because your country may not allow the exclusion or limitation of
incidental, consequential or other damages.
The Software contains components, as listed below that are
licensed to Licensee pursuant to the terms and conditions of
their respective End User License Agreements:
* NVIDIA CUDA Samples
* NVIDIA CUDA Toolkit
* NVIDIA DirectX SDK
More information, including licensing information, about the
NVIDIA CUDA Toolkit and the NVIDIA CUDA Samples can be found
at: http://www.nvidia.com/getcuda
More information, including licensing information, about the
NVIDIA DirectX SDK can be found at:
http://developer.nvidia.com/object/sdk_home.html
NVIDIA CUDA General Terms
-------------------------
The Software may collect non-personally identifiable
information for the purposes of customizing information
delivered to you and improving future versions of the
Software. Such information, including IP address and system
configuration, will only be collected on an anonymous basis
and cannot be linked to any personally identifiable
information. Personally identifiable information such as your
username or hostname is not collected.
OpenCL
FFmpeg
OpenH264
Nvidia Video Codec
1.1 License Grant. Subject to the terms of this Agreement, NVIDIA hereby grants you a nonexclusive, non-transferable, worldwide, revocable, limited, royalty-free, fully paid-up license to during the term of this Agreement:
(i) install, use and reproduce the Licensed Software delivered by NVIDIA plus make modifications and create derivative works of the sample source code software delivered by NVIDIA, provided that the software is executed only in hardware products as specified by NVIDIA in the accompanying documentation (such as release notes) as supported, to develop, test and service your products (each, a “Customer Product�?) that are interoperable with supported hardware products. If the NVIDIA documentation is silent, the supported hardware consists of certain NVIDIA GPUs; and
(ii) sub-license and distribute in binary format the API library software and header files as delivered by NVIDIA and sample source code as delivered by NVIDIA or as modified by you, all as incorporated into a Customer Product for use by your recipients only in the hardware products specified by NVIDIA as supported, provided that: (a) all such distributions by you or your distribution channels are consistent with the terms of this Agreement; and (b) you must enter into enforceable agreements with your recipients that binds them to terms that are consistent with the terms set forth in this Agreement for their use of the software binaries, including (without limitation) terms relating to the license grant and license restrictions, confidentiality and protection of NVIDIA’s intellectual property rights in and to the software you distributed. You are liable for the distribution and the use of distributed software if you failed to comply or enforce the distribution requirements of this Agreement. You agree to notify NVIDIA in writing of any known or suspected use or distribution of the Licensed Software that are not in compliance with the terms of this Agreement.
1.2 Enterprise and Contractor Usage. Under this Agreement you may allow (i) your Enterprise employees, and (ii) individuals who work primarily for your Enterprise on a contractor basis and from your secure network (each a "Contractor") to access and use the Licensed Software pursuant to the terms in Section 1 solely to perform work on your behalf, provided further that with respect to Contractors: (i) you obtain a written agreement from the Contractor which contains terms and obligations with respect to access to or use of Licensed Software no less protective of NVIDIA than those set forth in this Agreement, and (ii) such Contractor’s access and use expressly excludes any sublicensing or distribution rights for the Licensed Software. You are responsible for the compliance with the terms and conditions of this Agreement by your Enterprise and Contractors. Any act or omission that if committed by you would constitute a breach of this Agreement shall be deemed to constitute a breach of this Agreement if committed by your Enterprise or Contractors. “Enterprise�? means you or any company or legal entity for which you accepted the terms of this Agreement, and their subsidiaries of which your company or legal entity owns more than fifty percent (50%) of the issued and outstanding equity.
1.3 No Support. NVIDIA is under no obligation to provide support for the Licensed Software or to provide any error corrections or updates to the Licensed Software under this Agreement.
2. LIMITATIONS.
2.1 License Restrictions. Except as expressly authorized in this Agreement, you agree that you will not (nor allow third parties to): (i) copy and use software that was licensed to you for use in one or more devices in other unlicensed devices (provided that copies solely for backup purposes are allowed); (ii) reverse engineer, decompile, disassemble (except to the extent applicable laws specifically requires that such activities be permitted) or attempt to derive the source code, underlying ideas, algorithm or structure of software provided to you in object code form; (iii) sell, transfer, assign, distribute, rent, loan, lease, sublicense or otherwise make available the Licensed Software or its functionality to third parties (a) as an application services provider or service bureau, (b) by operating hosted/virtual system environments, (c) by hosting, time sharing or providing any other type of services, or (d) otherwise by means of the internet; (iv) modify, translate or otherwise create any modifications or derivative works of any of the Licensed Software; (v) remove, alter, cover or obscure any proprietary notice that appears on or with the Licensed Software or any copies thereof; (vi) use the Licensed Software, or allow its use, transfer, transmission or export in violation of any export control laws or regulations administered by the United States government; (vii) distribute, permit access to, or sublicense the Licensed Software as a stand-alone product; (viii) bypass, disable, circumvent or remove any form of copy protection, encryption, security or digital rights management or authentication mechanism used by NVIDIA in connection with the Licensed Software, or use the Licensed Software together with any authorization code, serial number, or other copy protection device not supplied by NVIDIA directly or through an authorized reseller; (ix) use the Licensed Software for the purpose of developing competing products or technologies or assisting a third party in such activities; (x) distribute any modification you make to software under or by reference to the same name as used by NVIDIA; or (xi) use the Licensed Software in any manner that would cause the Licensed Software to become subject to an Open Source License. Nothing in this Agreement shall be construed to give you a right to use, or otherwise obtain access to, any source code from which the software or any portion thereof is compiled or interpreted. “Open Source License�? includes, without limitation, a software license that requires as a condition of use, modification, and/or distribution of such software that the software be (x) disclosed or distributed in source code form; (y) be licensed for the purpose of making derivative works; or (z) be redistributable at no charge.
2.2 Third Party License Obligations. You acknowledge and agree that the Licensed Software may include or incorporate third party technology (collectively “Third Party Components�?), which is provided for use in or with the software and not otherwise used separately. If the Licensed Software includes or incorporates Third Party Components, then the third-party pass-through terms and conditions (“Third Party Terms�?) for the particular Third Party Component will be bundled with the software or otherwise made available online as indicated by NVIDIA and will be incorporated by reference into this Agreement. In the event of any conflict between the terms in this Agreement and the Third Party Terms, the Third Party Terms shall govern. Copyright to Third Party Components are held by the copyright holders indicated in the copyright notices indicated in the Third Party Terms.
Audio/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 Components and content relating to audio and/or video encoders and decoders from, including but not limited to, Microsoft, Thomson, Fraunhofer IIS, Sisvel S.p.A., MPEG-LA, and Coding Technologies as NVIDIA does not grant to you under this Agreement any necessary patent rights with respect to audio and/or video encoders and decoders.
2.3 Limited Rights. Your rights in the Licensed Software are limited to those expressly granted in Section 1 and no other licenses are granted whether by implication, estoppel or otherwise. NVIDIA reserves all other rights, title and interest in and to the Licensed Software not expressly granted to you under this Agreement.
3. CONFIDENTIALITY. Each party will not use the other party’s Confidential Information, except as necessary for the performance of this Agreement, and will not disclose such Confidential Information to any third party, except to NVIDIA personnel, you, your Enterprise and your Enterprise Contractors that have a need to know such Confidential Information for the performance of this Agreement, provided that each such personnel, employee and Contractor is subject to a written agreement that includes confidentiality obligations consistent with those set forth herein. Each party will use all reasonable efforts to maintain the confidentiality of all of the other party’s Confidential Information in its possession or control, but in no event less than the efforts that it ordinarily uses with respect to its own Confidential Information of similar nature and importance. The foregoing obligations will not restrict either party from disclosing the other party’s Confidential Information or the terms and conditions of this Agreement as required under applicable securities regulations or pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the party required to make such a disclosure (i) gives reasonable notice to the other party to enable it to contest such order or requirement prior to its disclosure (whether through protective orders or otherwise), (ii) uses reasonable effort to obtain confidential treatment or similar protection to the fullest extent possible to avoid public disclosure, and (iii) discloses only the minimum amount of information necessary to comply with such requirements.
“Confidential Information�? means the Licensed Software (unless made publicly available by NVIDIA without confidentiality obligations), and any NVIDIA business, marketing, pricing, research and development, know-how, technical, scientific, financial status, proposed new products or other information disclosed by NVIDIA to you which, at the time of disclosure, is designated in writing as confidential or proprietary (or like written designation), or orally identified as confidential or proprietary or is otherwise reasonably identifiable by parties exercising reasonable business judgment as confidential. Confidential Information does not and will not include information that: (i) is or becomes generally known to the public through no fault of or breach of this Agreement by the receiving party; (ii) is rightfully known by the receiving party at the time of disclosure without an obligation of confidentiality; (iii) is independently developed by the receiving party without use of the disclosing party’s Confidential Information; or (iv) is rightfully obtained by the receiving party from a third party without restriction on use or disclosure.
4. OWNERSHIP AND FEEDBACK.
4.1 Ownership of Licensed Software. The Licensed Software, and the respective intellectual property rights therein, is and will remain the sole and exclusive property of NVIDIA and its licensors, whether the Licensed Software is separate from or combined with any other products or materials. You shall not knowingly engage in any act or omission that would impair NVIDIA’s and/or its licensors’ intellectual property rights in the Licensed Software or any other materials, information, processes or subject matter proprietary to NVIDIA. NVIDIA’s licensors are intended third party beneficiaries with the right to enforce provisions of this Agreement with respect to their Confidential Information and/or intellectual property rights.
4.2 Modifications. You hold all rights, title and interest in and to the modifications to and derivative works of the NVIDIA sample source code software that you create as permitted hereunder, subject to NVIDIA’s underlying intellectual property rights in and to the NVIDIA software; provided, however that you grant NVIDIA and its affiliates an irrevocable, perpetual, nonexclusive, worldwide, royalty-free paid-up license to make, have made, use, have used, reproduce, sell, license, distribute, sublicense, transfer and otherwise commercialize modifications and derivative works including (without limitation) with the Licensed Software or other NVIDIA products, technologies or materials.
4.3 Feedback. You have no obligation to provide Feedback to NVIDIA. However, NVIDIA and its affiliates may use and include any Feedback that you provide to improve the Licensed Software or other NVIDIA products, technologies or materials. Accordingly, if you provide Feedback, you agree that NVIDIA and its affiliates may at their option, and may permit its licensees, to make, have made, use, have used, reproduce, sell, license, distribute, sublicense, transfer and otherwise commercialize the Feedback in the Licensed Software or in other products, technologies or materials without the payment of any royalties or fees to you. All Feedback becomes the sole property of NVIDIA and may be used in any manner NVIDIA sees fit, and you hereby assign to NVIDIA all of your right, title and interest in and to any Feedback. NVIDIA has no obligation to respond to Feedback or to incorporate Feedback into the Licensed Software. “Feedback�? means any and all suggestions, feature requests, comments or other feedback relating to the Licensed Software, including possible enhancements or modifications thereto.
5. NO WARRANTIES. THE LICENSED SOFTWARE IS PROVIDED BY NVIDIA “AS IS�? AND “WITH ALL FAULTS,�? AND NVIDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF OPERABILITY, CONDITION, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, NON-INGRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR NO WARRANTY IS MADE BY NVIDIA ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. NVIDIA DOES NOT WARRANT THAT THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT NVIDIA’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF YOU ONLY. Nothing in this warranty section affects any statutory rights of consumers or other customers to the extent that they cannot be waived or limited by contract.
6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW NVIDIA SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (SUCH AS, WITHOUT LIMITATION, 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 LICENSED SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT WILL NVIDIA’S TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED THE GREATER OF THE NET AMOUNT NVIDIA RECEIVED FOR YOUR USE OF THE LICENSED SOFTWARE ONE HUNDRED U.S. DOLLARS (US $100). THE NATURE OF THE LIABILITY, THE NUMBER OF CLAIMS OR SUITS OR THE NUMBER OF PARTIES WITHIN YOUR ENTERPRISE THAT ACCEPTED THE TERMS OF THIS AGREEMENT SHALL NOT ENLARGE OR EXTEND THIS LIMIT. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER NVIDIA OR ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
7. TERM AND TERMINATION. This Agreement and your licenses hereunder shall become effective upon the Effective Date and shall remain in effect unless and until terminated as follows: (i) automatically if you breach any of the terms of this Agreement; or (ii) by either party upon written notice if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filing, or if a party ceases to do business; (iii) by you, upon ceasing to use the Licensed Software provided under this Agreement; or (iv) by NVIDIA upon written notice if you commence or participate in any legal proceeding against NVIDIA, with respect to the Licensed Software that is the subject of the proceeding during the pendency of such legal proceeding. Termination of this Agreement shall not release the parties from any liability which, at the time of termination, has already accrued or which thereafter may accrue with respect to any act or omission before termination, or from any obligation which is expressly stated in this Agreement to survive termination. Notwithstanding the foregoing, the party terminating this Agreement shall incur no additional liability merely by virtue of such Termination of this Agreement regardless of cause or nature shall be without prejudice to any other rights or remedies of the parties and shall be without liability for any loss or damage occasioned thereby. Upon any expiration or termination of this Agreement (i) you must promptly discontinue use of the Licensed Software, and (ii) you must promptly destroy or return to NVIDIA all copies of the Licensed Software and all portions thereof in your possession or control, and each party will promptly destroy or return to the other all of the other party’s Confidential Information within its possession or control, provided that your prior distributions in accordance with this Agreement are not affected by the expiration or termination of this Agreement. Upon written request, you will certify in writing that you have complied with your obligations under this section. Sections 2 through 8 will survive the expiration or termination of this Agreement for any reason.
8. MISCELLANEOUS.
8.1 NVIDIA Entities. NVIDIA Corporation and its subsidiaries, including, but not limited to, NVIDIA Singapore Pte Ltd., have agreed to their respective rights and obligations regarding the distribution of the Licensed Software and the performance of obligations related to the Licensed Software. Ordering and delivery shall be with the NVIDIA entity with distribution rights for the geographic region in which the Licensed Software will be used, as communicated by NVIDIA to you.
8.2 Audit. During the term of this Agreement and for a period of three (3) years thereafter, you will maintain complete and accurate books and records regarding use of the Licensed Software and your performance and administration of this Agreement. During such period and upon written notice to you, NVIDIA or its authorized third party auditors subject to confidentiality obligations will have the right to inspect and audit your Enterprise books and records for the purpose of confirming your compliance with the terms of this Agreement. Any such inspection and audit will be conducted during regular business hours, in a manner that minimizes interference with your normal business activities, and no more frequent than annually unless non-compliance was previously found. If such an inspection and audit reveals an underpayment of any amounts payable to NVIDIA, then you will promptly remit the full amount of such underpayment to NVIDIA, including interest that will accrue (without the requirement of a notice) at the lower of 1.5% per month or the highest rate permissible by law. If the underpaid amount exceeds five percent (5%) of the amounts payable to NVIDIA for the period audited and/or such an inspection and audit reveals a material non-conformance with the terms of this Agreement, then you will also pay NVIDIA’s reasonable costs of conducting the inspection and audit. Further, you agree that the party delivering the Licensed Software to you may collect and disclose to NVIDIA (subject to confidentiality obligations) information for NVIDIA to verify your compliance with the terms of this Agreement including (without limitation) information regarding your usage of the Licensed Software.
8.3 Trademarks. You are granted no rights to use any of NVIDIA's trademarks under this Agreement. NVIDIA's trademarks include company names, product or service names, marks, logos, designs and trade dress. You may not remove, alter, or add to any of NVIDIA's trademarks that appear in or as part of the Licensed Software.
8.4 Indemnity. You agree to defend, indemnify and hold harmless NVIDIA and its affiliates, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, fines, restitutions and expenses (including but not limited to attorney’s fees and costs incident to establishing the right of indemnification) arising out of or related to you and your Enterprise, and their respective employees, contractors, agents, officers and directors: (i) use of a Licensed Software with any system or application where the use or failure of such system or application can reasonably be expected to threaten or result in personal injury, death, or catastrophic loss including, for example, use in connection with any nuclear, avionics, navigation, military, medical, life support or other life critical application; (ii) violation of any third party right, including without limitation any right of privacy or intellectual property rights; (iii) failure to comply with any applicable export and import laws, rules or regulations; or (iv) negligence or willful misconduct.
8.5 Injunctive Relief. The parties agree that a breach of any of the promises or agreements contained in this Agreement may result in irreparable and continuing injury for which monetary damages would not be an adequate remedy and therefore the parties are entitled to seek injunctive relief as well as such other and further relief as may be appropriate.
8.6 Waiver. The failure by either party to enforce its rights under this Agreement at any time for any period will not constitute a waiver of future enforcement of that right or any other right. Any waiver will be effective only if in writing and signed by duly authorized representatives of each party.
8.7 Severability. If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision of this Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the other provisions of this Agreement will remain in full force and effect.
8.8 U.S. Government Legend. You agree and certify that you will comply with all laws, regulations, rules, and other requirements applicable to transaction(s) with any government(s) occurring pursuant to this Agreement and all related matters. The Licensed Software has been developed entirely at private expense and is “commercial items�? consisting of “commercial software�? and “commercial software documentation�? provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in this Agreement under which Licensed Software was obtained pursuant to DFARS 227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19, as applicable. Contractor/manufacturer is NVIDIA, 2701 San Tomas Expressway, Santa Clara, CA 95050.
8.9 Force Majeure. Neither party will be responsible for any failure or delay in its performance under this Agreement to the extent due to causes beyond its reasonable control, including, but not limited to, acts of God, fire, flood, war, earthquake, environmental conditions, governmental action, acts of civil or military authority, riots, wars, sabotage, strikes, compliance with laws or regulations, strikes, lockouts or other serious labor disputes, or shortage of or inability to obtain material or equipment for so long as such event of force majeure continues in effect.
8.10 Export Control. You acknowledge that the Licensed Software, technology and related documentation described under this Agreement are subject to the U.S. Export Administration Regulations (EAR) and economic sanctions regulations administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC). You agree to comply with the EAR and OFAC regulations and all applicable international and national export and import laws. You agree not to export or re-export the Licensed Software, technology and related documentation to any destination requiring an export license or other approval under the EAR or OFAC regulations otherwise without first obtaining such export license or approval and NVIDIA’s permission. You will not, without prior governmental authorization, export or re-export NVIDIA Licensed Software, technology and related documentation, directly or indirectly, (i) to any end-user whom you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems; (ii) to any end-user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (iii) to any countries that are subject to U.S. export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Sudan, and Syria and the Region of Crimea).
8.11 General. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereto and supersede all prior negotiations, conversations, or discussions between the parties relating to the subject matter hereto, oral or written, and all past dealing or industry custom. Any notice delivered by NVIDIA to you under this Agreement will be delivered via mail, email or fax. Any additional and/or conflicting terms and conditions on purchase order(s) or any other documents issued by you are null, void, and invalid. This Agreement and the rights and obligations hereunder may not be assigned by you, in whole or in part, including by merger, consolidation, dissolution, operation of law, or any other manner, without written consent of NVIDIA, and any purported assignment in violation of this provision shall be void and of no effect. Each party acknowledges and agrees that the other is an independent contractor in the performance of this Agreement, and each is solely responsible for all of its employees, agents, contractors, and labor costs and expenses arising in connection therewith. This Agreement will be governed by and construed under the laws of the State of Delaware and the United States without regard to the conflicts of law provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The parties consent to the personal jurisdiction of the federal and state courts located in Santa Clara County, California. If one or more provisions of this Agreement are held to be unenforceable under applicable law, such provision shall be excluded from this Agreement and the balance of this Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms. Any amendment or waiver under this Agreement must be in writing and signed by representatives of both parties.
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Intel QuickSync
DATA COLLECTION. The Materials may contain certain features that generate, collect, and transmit data to Intel about the installation, setup, and use of the Materials. The purposes of data collection are: 1) to verify compliance with the terms of this Agreement; and 2) to enable Intel to develop, improve, and support Intel’s products and services. When data is collected to verify compliance with the terms of this Agreement, this collection may be mandatory and a condition of using the Materials. This data includes the Material’s unique serial number combined with other information about the Materials and Your computer.
When Materials are made available for use free of charge, the collection of usage data (such as randomly generated unique identifier and component/feature/function usage) may also be mandatory and a condition of using the Materials. Data collected about the installation, setup, and use of the Materials may be collated with other available data only if: 1) the purpose is to develop, improve, and support Intel’s products and services, and 2) the data will not be used to identify or contact You or other individuals.
To learn more about Intel’s data collection for these Materials, please visit: https://software.intel.com/en-us/articles/data-collection. To learn more about Intel’s privacy practices, please visit http://www.intel.com/privacy.
Third Party Programs (as defined below), even if included with the distribution of the Materials, are governed by separate license terms, including without limitation, third party license terms, other Intel software license terms, and open source software license terms. Such separate license terms (and not this Agreement) solely govern Your use of the Third Party Programs.
1. LICENSE DEFINITIONS:
A. “Confidential Information�? means all Materials (as defined below), including any portions thereof, that are identified (in the product release notes, on Intel’s download website for the Materials or elsewhere) or labeled as Intel confidential information or a similar legend.
B. “Excluded License�? means a license that requires, as a condition of use, modification, or distribution, that the licensed software or other software incorporated into, derived from or distributed with such software (a) be disclosed or distributed in Source Code form; (b) be licensed by the user to third parties for the purpose of making and/or distributing derivative works; or (c) be redistributable at no charge. Excluded Licenses include, without limitation, licenses that license or distribute software under any of the following licenses or distribution models, or licenses or distribution models substantially similar to any of the following: (a) GNU’s General Public License (GPL) or Lesser/Library GPL (LGPL), (b) the Artistic License (e.g., PERL), (c) the Mozilla Public License, (d) the Netscape Public License, (e) the Sun Community Source License (SCSL), (f) the Sun Industry Source License (SISL), and (g) the Common Public License (CPL).
C. “Licensed Patent Claims�? means the claims of Intel’s patents that are necessarily and directly infringed by the reproduction and distribution of the Materials that is authorized in Section 2 below, when the Materials is in its unmodified form as delivered by Intel to You and not modified or combined with anything else. Licensed Patent Claims are only those claims that Intel can license without paying, or getting the consent of, a third party.
D. "Materials" are defined as the software, documentation, the software product serial number and license key codes (if applicable), and other materials, including any modifications, updates and upgrades thereto, that are provided to You under this Agreement. Materials also include any Redistributables, Source Code, and Pre-Release Materials, as defined below but do not include Third Party Programs.
E. “Microsoft Platforms�? means any current and future Microsoft operating system products, Microsoft run-time technologies (such as the .NET Framework), and Microsoft application platforms (such as Microsoft Office or Microsoft Dynamics) that Microsoft offers.
F. “Pre-Release Materials�? means the Materials, or portions thereof, that are identified (in the product release notes, on Intel’s download website for the Materials or elsewhere) or labeled as pre-release, and as such the Pre-Release Materials are deemed to be pre-release code (e.g., alpha or beta release, etc.), which may not be fully functional and which Intel may substantially modify in development of a commercial version, and for which Intel makes no assurances that it will ever develop or make generally available a commercial version.
G. "Redistributables" (if any) are the files listed in the following text files that may be included in the Materials for the applicable Intel Software Development Product: clredist.txt, credist.txt, fredist.txt, redist.txt, and redist-rt.txt.
H. “Sample Source Code�? is those portions of the Materials that are Source Code files and are identified as sample source code, including without limitation, the IPP Sample Source.
I. “Source Code�? is defined as the software (and not documentation or text) portion of the Materials provided in human readable format, and includes modifications to the Source Code that You make or are made on Your behalf as expressly permitted under the terms of this Agreement.
J. “Third Party Programs�? (if any) are the files listed in the “third-party-programs.txt�? text file that may be included in the Materials for the applicable software.
K. “Your Product�? means one or more applications or products developed by or for You using the Materials.
2. LICENSE GRANT:
2.1 Subject to the terms and conditions of this Agreement, and timely payment of any fees (if applicable), Intel grants You a non-exclusive, worldwide, perpetual (subject to Section 11 below), non-assignable (except as expressly permitted hereunder), limited right and license:
A. under its copyrights, to:
(1) reproduce copies of the Materials for Your internal business use in accordance with the documentation included as part of the Materials, and subject to the applicable license rights and restrictions specified in Section 3 below; provided, however, that this license does not include the right to sublicense and may only be exercised by You or Your employees;
(2) use the Materials solely for Your internal business use to develop Your Product, in accordance with the applicable license rights and restrictions specified in Section 3 below and the documentation or text files included as part of the Materials; provided, however, that this license does not include the right to sublicense and may only be exercised by You or Your employees;
(3) modify or create derivative works of the Materials, or any portions thereof, that are provided in Source Code form, provided, however, that this license does not include the right to sublicense and may be exercised only by You or Your employees;
(4) publicly perform, display, and distribute (directly and through Your distributors, resellers and other channel partners) or otherwise make publicly available the Redistributables, including any modifications to or derivative works of the Redistributables made pursuant to Section 2.1.A(3), or any portions thereof, subject to the following restrictions:
(i) any distribution of the Redistributables must only be as part of Your Product which must add significantly more functionality than the Redistributables themselves;
(ii) any additional restrictions which may appear in the Redistributables text files specified in Section 1.G above and in Section 3 below; and
(iii) the license under Section 2.1.A(4) includes the right to sublicense the Redistributables, but the sublicense rights are limited to sublicensing of any Intel copyrights in the Redistributables and only to the extent necessary to perform, display, and distribute the Redistributables (including Your modifications and derivative works thereto) solely as incorporated in Your Product. IF YOU RECEIVED THE MATERIALS FOR EVALUATION, YOU HAVE NO RIGHTS TO DISTRIBUTE THE REDISTRIBUTABLES, INCLUDING WITHOUT LIMITATION, ANY PORTIONS, MODIFICATIONS OR DERIVATIVE WORKS.
(iv) Distribution of the Redistributables is also subject to the following limitations: You (a) will be solely responsible to Your customers for any update, support obligation or other liability which may arise from the distribution, (b) will not make any statement that Your Product is "certified" or that its performance is guaranteed by Intel, (c) will not use Intel's name or trademarks to market Your Product without written permission from Intel, (d) will provide the Redistributables subject to a license agreement that prohibits disassembly and reverse engineering of the Redistributables except in cases when you provide Your Product subject to an open source license that is not an Excluded License, for example, the BSD license, or the MIT license, (e) will indemnify, hold harmless, and defend Intel and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from Your modifications, derivative works or Your distribution of Your Product.
and
B. under Intel’s Licensed Patent Claims, to:
(1) make copies of the Materials only as specified in Section 2.1.A(1);
(2) use the Materials only as specified in Section 2.1.A(2); and
(3) offer to distribute, and distribute, but not sell, the Redistributables only as part of Your Product, under Intel’s copyright license granted in Section 2.1(A), but only under the terms of that copyright license and not as a sale (but this right does not include the right to sub-license);
(4) provided, further, that the license under the Licensed Patent Claims does not and will not apply to any modifications to, or derivative works of, the Materials, whether made by You, Your customer (which, for all purposes under this Agreement, will mean either a customer, reseller, distributor or other channel partner), or any third party even if the modification and derivative works are permitted under 2.1(A)(3).
2.2 If the Materials You receive are packaged, as a single orderable item (i.e., as a single SKU), with hardware that includes one or more Intel manufactured microprocessors (“Intel Target Hardware�?), then the licenses granted in Section 2.1 above are restricted to the sole purpose of producing and releasing Your Product to execute on computer systems that include the same or new versions of the Intel manufactured microprocessor included in the Intel Target Hardware.
Intel expressly does not grant You a patent license in this Agreement to any modifications or derivative works of the Materials, whether made by You, Your contractor, Your customer, or any other third party in creating the derivative works even to the extent creation of derivative works is permitted under Section 2.1(A)(3) above.
3. LICENSE CONDITIONS:
A. If You are an entity, each of Your employees and Your contractors may use the Materials as specified in Section 2 above, provided: (i) their use of the Materials is solely on behalf of and in support of Your business, (ii) they agree to the terms and conditions of this Agreement, and (iii) You are solely responsible for their use of the Materials.
B. If Your Product is a software development library, then attribution (if any), as specified in the product release notes of the corresponding Materials shall be displayed prominently in Your Product’s associated documentation and on the web site (if any) for Your Product.
C. If You receive Your first copy of the Materials electronically, and a second copy on media, then you may use the second copy only in accordance with Your applicable license stated in this Agreement, or for backup or archival purposes. You may not provide the second copy to another user.
D. If the Materials You received are identified as Pre-Release Materials, (i) You have the right to use the Pre-Release Materials only for the duration of the pre-release term, which is specified in the product release notes, on Intel’s download website for the Materials or elsewhere, or until the commercial release, if any, of the Pre-Release Materials, whichever is shorter, and (ii) You may not disclose to any third party any benchmarks, performance results, or other information relating to the Pre-Release Materials.
E. Notwithstanding anything to the contrary in this Agreement, if the Materials include the text file named “site_license_materials.txt�? the files specified in that text file may be installed on computer systems located only at a single site (unless multiple sites are specified in the purchase order accepted by Intel or its resellers), and those files may be accessed or used by unlimited and simultaneous users, subject to their compliance with all of the terms and conditions of this Agreement.
F. Except as expressly provided in this Agreement, You may NOT: (i) use, copy, distribute, or publicly display the Materials; (ii) rent or lease the Materials to any third party; (iii) assign this Agreement or transfer the Materials; (iv) modify, adapt, or translate the Materials in whole or in part; (v) reverse engineer, decompile, or disassemble the Materials; (vi) attempt to modify or tamper with the normal function of any license manager that may regulate usage of the Materials; (vii) distribute, sublicense or transfer the Source Code form of any components of the Materials or derivatives thereof to any third party; (viii) distribute Redistributables except as part of a larger program that adds significant primary functionality different from that of the Redistributables; (ix) distribute the Redistributables to run on a platform other than a Microsoft Platform if according to the accompanying user documentation the Materials are meant to execute only on a Microsoft Platform; (x) include the Redistributables in malicious, deceptive, or unlawful programs or products; or (xi) modify, create a derivative work, link, or distribute the Materials so that any part of it becomes subject to an Excluded License.
G. The scope and term of Your license depends on the type of license You are provided by Intel. The variety of license types are set forth below, which may not be available for all "Intel(R) Software Development Products" and therefore may not apply to the particular Materials You are licensing. For more information on the types of licenses, please contact Intel or Your sales representative.
i. EVALUATION LICENSE: If You obtained the Materials pursuant to an evaluation license, You may use the Materials only for internal evaluation purposes and only for the term of the evaluation period, as specified on Intel’s download website or which may be controlled by the license key for the Materials. NOTWITHSTANDING ANYTHING TO THE CONTRARY ELSEWHERE IN THIS AGREEMENT, YOU MAY USE THE MATERIALS ONLY FOR EVALUATION PURPOSES AND ONLY FOR THE TERM OF THE EVALUATION, YOU MAY NOT DISTRIBUTE ANY PORTION OF THE MATERIALS, AND THE APPLICATION AND/OR PRODUCT DEVELOPED BY YOU MAY ONLY BE USED FOR EVALUATION PURPOSES AND ONLY FOR THE TERM OF THE EVALUATION. You may install copies of the Materials on a reasonable number of computers to conduct Your evaluation provided that You are the only individual using the Materials and only one copy of the Materials is in use at any one time. A separate license key is required for each additional use and/or individual user in all other cases, including without limitation, use by persons, computer systems, and other use methods known now and in the future. Intel may provide You with a license key that enables the Materials for an evaluation license. If You are an entity, Intel grants You the right to designate one individual within Your organization to have the sole right to use the Materials in the manner provided above.
ii. NONCOMMERCIAL USE LICENSE: If You obtained the Materials under a noncommercial use license, You may use the Materials only for non-commercial use where You receive no fee, salary or any other form of compensation. The Materials may not be used for any other purpose, whether "for profit" or "not for profit." Any work performed or produced as a result of use of the Materials cannot be performed or produced for the benefit of other parties for a fee, compensation or any other reimbursement or remuneration. You may install copies of the Materials on an unlimited number of computers provided that You are the only individual using the Materials and only one copy of the Materials is in use at any one time. A separate license is required for each additional use and/or individual user in all other cases, including without limitation, use by persons, computer systems, and other methods of use known now and in the future. Intel will provide You with a license key that enables the Materials for a noncommercial-use license. If You obtained a time-limited noncommercial-use license, the duration (time period) of Your license and Your ability to use the Materials is limited to the time period of the obtained license, which is specified on Intel’s download website, specified in the applicable documentation or controlled by the license key for the Materials.
iii. NAMED-USER LICENSE: If You obtained the Materials under a named-user license, You may allow only one (1) individual to install and use the Materials on no more than three (3) computers provided that same individual is using the Materials only on one (1) computer at a time. If You obtained a time-limited named-user license, the term of Your license and your ability to use the Materials is limited to the time period of the obtained license, which is specified on Intel’s download website, specified in the applicable documentation or controlled by the license key for the Materials.
iv. NODE-LOCKED LICENSE: If You obtained the Materials under a node-locked license, You may use the Materials only on a single designated computer by no more than the authorized number of concurrent users. If You obtained a time-limited node-locked license, the term of Your license and Your ability to use the Materials is limited to the time period of the obtained license, which is specified on Intel’s download website, specified in the applicable documentation or controlled by the license key for the Materials.
v. FLOATING LICENSE: If You obtained the Materials under a floating license, you may (a) install the Materials on an unlimited number of computers that are connected to the designated network and (b) use the Material by no more than the authorized number of concurrent individual users. If You obtained a time-limited Floating license key, the term of Your license and Your ability to use the Materials is limited to the time period of the obtained license, which is specified on Intel’s download website, specified in the applicable documentation or controlled by the license key for the Materials.
H. MEDIA FORMAT CODECS AND DIGITAL RIGHTS MANAGEMENT. You acknowledge and agree that your use of the Materials or distribution of the Materials with Your Product as permitted by this license may require you to procure license(s) from one or more third parties that may hold intellectual property rights applicable to any media decoding, encoding or transcoding technology (such as, for example, through use of an audio or video codec) and/or digital rights management capabilities of the Materials, if any. Should any such additional licenses be required, You are solely responsible for obtaining any such licenses and agree to obtain any such licenses at Your own expense.
I. MATERIALS TRANSFER: Except for the Pre-Release Licenses or Evaluation Licenses or Non-Commercial Licenses, as specified above, You may permanently transfer the Materials you received pursuant to a license type listed in Section 4(G) above, and all of Your rights under this Agreement, to another party (“Recipient�?) solely in conjunction with a change of ownership, merger, acquisition, sale or transfer of all or substantially all of Your business or assets, either voluntarily, by operation of law or otherwise subject to the following: You must notify Intel of the transfer by sending a letter to Intel (i) identifying the legal entities of Recipient and You, (ii) identifying the Materials (i.e., the specific Intel software and version) and the associated serial numbers to be transferred, (iii) certifying that You retain no copies of the Materials or portions thereof, (iv) certifying that the Recipient has agreed in writing to be bound by all of the terms and conditions of this Agreement, (v) certifying that the Recipient has been notified that in order to receive support from Intel for the Materials they must notify Intel in writing of the transfer and provide Intel with the information specified in subsection (ii) above along with the name and email address of the individual assigned to use the Materials, and (vi) providing Your email address so that Intel may confirm receipt of Your letter. Please send such letter to:
Intel Corporation
2111 NE 25th Avenue
Hillsboro, OR 97124
Attn: DPD Contracts Management, JF1-15
4. PRIVACY:
A. Data Collection: Based on the personal information You provided to Intel when You registered the license to the Materials with Intel, Intel has collected or will collect certain personal information from You in order to contact You regarding updates to the Materials, and regarding Your experience with obtaining, installing and otherwise using Materials, including sending You surveys to obtain the aforementioned information.
B. Revoking Consent to Data Collection: You can revoke Your consent to this collection of personal information at any time by clicking on the link to “unsubscribe�? at the bottom of any communication from Intel related to the Materials which will allow You to opt-out of receiving future messages related to the Materials.
C. Intel’s Privacy Notice: Intel is committed to respecting Your privacy. To learn more about Intel’s privacy practices, please visit http://www.intel.com/privacy.
5. OWNERSHIP: Title to the Materials and all copies thereof remain with Intel or its suppliers. The Materials are protected by intellectual property rights, including without limitation, United States copyright laws and international treaty provisions. You will not remove any copyright or other proprietary notice from the Materials. You agree to prevent any unauthorized copying of the Materials. Except as expressly provided herein, no license or right is granted to You directly or by implication, inducement, estoppel or otherwise; specifically Intel does not grant any express or implied right to You under Intel patents, copyrights, trademarks, or trade secrets.
6. NO WARRANTY AND NO SUPPORT: Disclaimer. Intel disclaims all warranties of any kind and the terms and remedies provided in this Agreement are instead of any other warranty or condition, express, implied or statutory, including those regarding merchantability, fitness for any particular purpose, non-infringement or any warranty arising out of any course of dealing, usage of trade, proposal, specification or sample. Intel does not assume (and does not authorize any person to assume on its behalf) any other liability.
Intel may make changes to the Materials, or to items referenced therein, at any time without notice, but is not obligated to support, update or provide training for the Materials. Intel may in its sole discretion offer such support, update or training services under separate terms at Intel’s then-current rates. You may request additional information on Intel’s service offerings from an Intel sales representative.
7. LIMITATION OF LIABILITY: Neither Intel nor its suppliers shall be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other loss) arising out of the use of or inability to use the Materials, even if Intel has been advised of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
8. UNAUTHORIZED USE: The Materials are not designed, intended, or authorized for use in any type of a system or application in which the failure of the Materials could create a situation where personal injury or death may occur (e.g., medical systems, life sustaining or lifesaving systems). Should You use the Materials for any such unintended or unauthorized use, You hereby indemnify, defend, and hold Intel and its officers, subsidiaries and affiliates harmless against all claims, costs, damages, expenses, and reasonable attorney fees arising out of, directly or indirectly, such use and any claim of product liability, personal injury or death associated with such unintended or unauthorized use, even if such claim alleges that Intel was negligent regarding the design or manufacture of the Materials.
9. USER SUBMISSIONS: This Agreement does not obligate You to provide Intel with materials, information, comments, suggestions or other communication regarding the Materials. However, You agree that any material, information, comments, suggestions or other communication You transmit or post to an Intel website (including but not limited to, submissions to the Intel Premier Support and/or other customer support websites or online portals) or provide to Intel under this Agreement are not controlled by the International Traffic in Arms Regulations (ITAR) or the Export Administration Regulation (EAR), and if related to the features, functions, performance or use of the Materials are deemed non-confidential and non-proprietary ("Communications"). Intel will have no obligations with respect to the Communications. You hereby grant to Intel a non-exclusive, perpetual, irrevocable, royalty-free, copyright license to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense through multiple tiers of distribution and licensees, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein, including derivative works thereto, for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from an Intel website or provide to Intel any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. If You wish to provide Intel with information that You intend to be treated as confidential information, Intel requires that such confidential information be provided pursuant to a non-disclosure agreement (“NDA�?), so please contact Your Intel representative to ensure the proper NDA is in place.
Nothing in this Agreement will be construed as preventing Intel from reviewing Your Communications and errors or defects in Intel products discovered while reviewing Your Communications. Furthermore, nothing in this Agreement will be construed as preventing Intel from implementing independently-developed enhancements to Intel’s own error diagnosis methodology to detect errors or defects in Intel products discovered while reviewing Your Communications or to implement bug fixes or enhancements in Intel products. The foregoing may include the right to include Your Communications in regression test suites.
10. NON-DISCLOSURE: The following provisions will apply if there is no existing non-disclosure agreement between You and Intel. You will maintain the confidentiality of the Confidential Information (if any) with at least the same degree of care that You use to protect Your own confidential and proprietary information, but no less than a reasonable degree of care under the circumstances. You will not disclose the Confidential Information to any employees or to any third parties except to Your employees who have a need to know and who agree to abide by nondisclosure terms at least as comprehensive as those set forth herein; provided that You will be liable for breach by any such entity. For the purposes of this Agreement, the term “employee�? will include Your independent contractors, who have signed confidentiality agreements with You. You will not make any copies of the Confidential Information except as necessary for Your employees with a need to know. Any copies which are made will be identified as belonging to Intel and marked “confidential�?, “proprietary�? or with similar legend. You will not be liable for the disclosure of any Confidential Information which is (a) generally made available publicly or to third parties by Intel without restriction on disclosure; (b) rightfully received from a third party without obligation of confidentiality; (c) rightfully known to You without any limitation on disclosure prior to Your receipt from Intel; (d) independently developed by Your employees; or (e) required to be disclosed in accordance with applicable laws, regulations, court, judicial or other government order, provided that You will give Intel reasonable notice prior to such disclosure and will comply with any applicable protective order.
11. TERMINATION OF THIS LICENSE: This Agreement becomes effective on the date You accept this Agreement and will continue until terminated as provided for in this Agreement. If You are using the Materials under a time-limited license, for example an Evaluation License, this Agreement terminates without notice on the last day of the time period, which is specified in the Materials or on Intel’s website, and/or controlled by the license key code for the Materials. Intel may terminate this license immediately if You are in breach of any of its terms and conditions and such breach is not cured within thirty (30) days of written notice from Intel. Upon termination, You will immediately return to Intel or destroy the Materials and all copies thereof. In the event of termination of this Agreement, the license grant to any Materials or Redistributables distributed by You in accordance with the terms and conditions of this Agreement, prior to the effective date of such termination, will survive any such termination of this Agreement. Sections 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 will survive expiration or termination of this Agreement.
12. U.S. GOVERNMENT RESTRICTED RIGHTS: The technical data and computer software covered by this license is a “Commercial Item,�? as such term is defined by the FAR 2.101 (48 C.F.R. 2.101) and is “commercial computer software�? and “commercial computer software documentation�? as specified under FAR 12.212 (48 C.F.R. 12.212) or DFARS 227.7202 (48 C.F.R. 227.7202), as applicable. This commercial computer software and related documentation is provided to end users for use by and on behalf of the U.S. Government, with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Use for or on behalf of the U.S. Government is permitted only if the party acquiring or using this software is properly authorized by an appropriate U.S. Government official. This use by or for the U.S. Government clause is in lieu of, and supersedes, any other FAR, DFARS, or other provision that addresses Government rights in the computer software or documentation covered by this license. All copyright licenses granted to the U.S. Government are coextensive with the technical data and computer software licenses granted herein. The U.S. Government will only have the right to reproduce, distribute, perform, display, and prepare derivative works as needed to implement those rights.
13. GENERAL PROVISIONS
A. ENTIRE AGREEMENT: This Agreement contains the complete and exclusive agreement and understanding between the parties concerning the subject matter of this Agreement, and supersedes all prior and contemporaneous proposals, agreements, understanding, negotiations, representations, warranties, conditions, and communications, oral or written, between the parties relating to the same subject matter. This Agreement, including without limitation its termination, has no effect on any signed non-disclosure agreements between the parties, which remain in full force and effect as separate agreements to their terms. Each party acknowledges and agrees that in entering into this Agreement it has not relied on, and will not be entitled to rely on, any oral or written representations, warranties, conditions, understanding, or communications between the parties that are not expressly set forth in this Agreement. The express provisions of this Agreement control over any course of performance, course of dealing, or usage of the trade inconsistent with any of the provisions of this Agreement. The provisions of this Agreement will prevail notwithstanding any different, conflicting, or additional provisions that may appear on any purchase order, acknowledgement, invoice, or other writing issued by either party in connection with this Agreement. No modification or amendment to this Agreement will be effective unless in writing and signed by authorized representatives of each party, and must specifically identify this Agreement by its title and version (e.g., “End User License Agreement for the Intel(R) Software Development Products (Version March 2016)). If You received a copy of this Agreement translated into another language, the English language version of this Agreement will prevail in the event of any conflict between versions. Intel may make changes to the Agreement as it distributes new versions of the Materials. When these changes are made, Intel will make a new version of the Agreement available on its website: https://software.intel.com/en-us/articles/end-user-license-agreement
B. EXPORT. You acknowledge that the Materials and all related technical information are subject to export controls under the laws and regulations of the United States and any other applicable governments. You agree to comply with these laws and regulations governing export, re-export, import, transfer, distribution, and use of the Materials. In particular, but without limitation, the Materials may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to any person or entity listed on a denial order published by the U.S. government or any other applicable governments. By using the Materials, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Materials for any purposes prohibited by the U.S. government or other applicable governments, including, without limitation, the development, design, manufacture or production of nuclear, missile, chemical or biological weapons. You confirm that the Materials will not be re-exported or sold to a third party who is known or suspected to be involved in activities including, without limitation, the development, design, manufacture, or production of nuclear, missile, chemical or biological weapons.
C. GOVERNING LAW, JURISDICTION, AND VENUE: All disputes arising out of or related to this Agreement, whether based on contract, tort, or any other legal or equitable theory, will in all respects be governed by, and construed and interpreted under, the laws of the United States of America and the State of Delaware, without reference to conflict of laws principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from and will not apply to this Agreement. All disputes arising out of or related to this Agreement, whether based on contract, tort, or any other legal or equitable theory, will be subject to the exclusive jurisdiction of the courts of the State of Delaware or of the Federal courts sitting in that State. Each party submits to the personal jurisdiction of those courts and waives all objections to that jurisdiction and venue for those disputes.
D. SEVERABILITY: The parties intend that if a court holds that any provision or part of this Agreement is invalid or unenforceable under applicable law, the court will modify the provision to the minimum extent necessary to make it valid and enforceable, or if it cannot be made valid and enforceable, the parties intend that the court will sever and delete the provision or part from this Agreement. Any change to or deletion of a provision or part of this Agreement under this Section will not affect the validity or enforceability of the remainder of this Agreement, which will continue in full force and effect.
Document Title and Version: End User License Agreement for the Intel(R) Software Development Products (Version March 2016)
* Other names and brands may be claimed as the property of others
******************************************************************************/
H264
GDCM
Program: GDCM (Grassroots DICOM). A DICOM library
Copyright (c) 2006-2016 Mathieu Malaterre
Copyright (c) 1993-2005 CREATIS
(CREATIS = Centre de Recherche et d'Applications en Traitement de l'Image)
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
* Neither name of Mathieu Malaterre, or CREATIS, nor the names of any
contributors (CNRS, INSERM, UCB, Universite Lyon I), may be used to
endorse or promote products derived from this software without specific
prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ``AS IS''
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS OR CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
=========================================================================*/