SOFTWARE DEVELOPER KITS, SAMPLES AND TOOLS LICENSE AGREEMENT
(with distribution rights)
IMPORTANT – READ BEFORE DOWNLOADING, INSTALLING, COPYING OR USING THE LICENSED SOFTWARE
READ CAREFULLY: This Software Developer Kits, Samples and Tools License Agreement ("Agreement”), made and entered into as of
the time and date of click through action (“Effective Date”), is a legal agreement between you and NVIDIA Corporation ("NVIDIA")
and governs the use of the following NVIDIA deliverables to the extent provided to you under this Agreement: API’s, source code
and header files, data sets and assets (examples include images, textures, models, scenes, videos, native API input/output files),
binary software and/or documentation (collectively, "Licensed Software"). By downloading, installing, copying, or otherwise using
the Licensed Software, you agree to be bound by the terms of this Agreement. If you do NOT AGREE TO THE TERMS OF THIS
AGREEMENT, DO NOT DOWNLOAD, INSTALL, COPY OR USE THE NVIDIA LICENSED SOFTWARE. IF YOU ARE ENTERING INTO THIS
AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO
BIND THE ENTITY TO THIS AGREEMENT, IN WHICH CASE “YOU” WILL MEAN THE ENTITY YOU REPRESENT. IF YOU DON’T HAVE SUCH
AUTHORITY, OR IF YOU DON’T ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN NVIDIA IS UNWILLING TO
LICENSE THE LICENSED SOFTWARE TO YOU, AND YOU MAY NOT DOWNLOAD, INSTALL, COPY OR USE IT.
1. LICENSE.
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 during the term of this Agreement to:
(i) install, use and reproduce the Licensed Software delivered by NVIDIA plus make modifications and create derivative
works of the source code and header files 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) incorporate Licensed Software as delivered by NVIDIA (including source code and header files as modified by you) into a
Customer Product in binary format only and sub-license and distribute 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.
1.4 Product Specific Terms. With respect to the Iray Developer Edition Licensed Software, a separate license is required from NVIDIA
to enable or use the Iray runtime in any given machine.
1.5 Notification. You are required to notify NVIDIA prior to use of the NVIDIA DesignWorks Licensed Software in a commercial
application (including a plug-in to a commercial application). Please send notification by visiting https://developer.nvidia.com/sw-
DESIGNWORKS NVIDIA SDKS, SAMPLES AND TOOLS AGREEMENT, DISTRIBUTION RIGHTS (V.13.06.2017)
1
notification and submitting the web form requested information. NVIDIA will request company name, DesignWorks software and
version used, platform, commercial application release date, and weblink to product/video. Failure to notify NVIDIA pursuant to this
section shall be considered a material breach of this Agreement.
2. LIMITATIONS.
2.1 License Restrictions. Except as expressly authorized in this Agreement, you agree that you will not (nor authorize third parties
to): (i) copy and use software that was licensed to you for use in one or more 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 require that such activities be permitted) or attempt to derive the source code, underlying ideas, algorithm or structure
of software provided to you in object code form; (iii) sell, transfer, assign, distribute, rent, loan, lease, sublicense or otherwise make
available the Licensed Software or its functionality to third parties (a) as an application services provider or service bureau, (b) by
operating hosted/virtual system environments, (c) by hosting, time sharing or providing any other type of services, or
(d) otherwise by means of the internet; (iv) modify, translate or otherwise create any derivative works of any 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 applicable export control laws, rules or regulations;
(vii) distribute, permit access to, or sublicense the Licensed Software as a stand-alone product; (viii) bypass, disable, circumvent or remove
any form of copy protection, encryption, security or digital rights management or authentication mechanism used by NVIDIA in connection
with the Licensed Software, or use the Licensed Software together with any authorization code, serial number, or other copy protection
device not supplied by NVIDIA directly or through an authorized reseller; (ix) use the Licensed Software for the purpose of developing
competing products or technologies or assisting a third party in such activities; (x) use the Licensed Software with any system or application
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