602 lines
33 KiB
Plaintext
602 lines
33 KiB
Plaintext
Copyright (c) 2017-2023, NVIDIA CORPORATION. All rights reserved.
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NVIDIA CORPORATION and its licensors retain all intellectual property and proprietary
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rights in and to this software, related documentation and any modifications thereto. Any
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use, reproduction, disclosure or distribution of this software and related documentation
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without an express license agreement from NVIDIA CORPORATION is strictly prohibited.
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LICENSE AGREEMENT FOR NVIDIA SOFTWARE DEVELOPMENT KITS
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This license agreement, including exhibits attached ("Agreement") is a legal agreement
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between you and NVIDIA Corporation ("NVIDIA") and governs your use of a NVIDIA software
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development kit ("SDK").
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Each SDK has its own set of software and materials, but here is a description of the types
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of items that may be included in a SDK: source code, header files, APIs, data sets and
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assets (examples include images, textures, models, scenes, videos, native API input/output
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files), binary software, sample code, libraries, utility programs, programming code and
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documentation.
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This Agreement can be accepted only by an adult of legal age of majority in the country in
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which the SDK is used.
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If you are entering into this Agreement on behalf of a company or other legal entity, you
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represent that you have the legal authority to bind the entity to this Agreement, in which
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case "you" will mean the entity you represent.
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If you don't have the required age or authority to accept this Agreement, or if you don't
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accept all the terms and conditions of this Agreement, do not download, install or use the
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SDK.
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You agree to use the SDK only for purposes that are permitted by (a) this Agreement, and
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(b) any applicable law, regulation or generally accepted practices or guidelines in the
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relevant jurisdictions.
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1. License.
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1.1 Grant
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Subject to the terms of this Agreement, NVIDIA hereby grants you a non-exclusive,
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non-transferable license, without the right to sublicense (except as expressly provided in
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this Agreement) to:
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(i) Install and use the SDK, and
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(ii) Distribute those portions of the SDK that are identified in this Agreement as
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distributable, as incorporated in object code format into a software application that
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meets the distribution requirements indicated in this Agreement.
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1.2 Distribution Requirements
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These are the distribution requirements for you to exercise the distribution grant:
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(i) Your application must have material additional functionality, beyond the included
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portions of the SDK.
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(ii) The distributable portions of the SDK shall only be accessed by your application.
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(iii) The following notice shall be included in modifications and derivative works of
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sample source code distributed: "This software contains source code provided by NVIDIA
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Corporation."
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(iv) Unless a developer tool is identified in this Agreement as distributable, it is
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delivered for your internal use only.
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(v) The terms under which you distribute your application must be consistent with the
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terms of this Agreement, including (without limitation) terms relating to the license
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grant and license restrictions and protection of NVIDIA's intellectual property rights.
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Additionally, you agree that you will protect the privacy, security and legal rights of
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your application users.
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(vi) You agree to notify NVIDIA in writing of any known or suspected distribution or use
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of the SDK not in compliance with the requirements of this Agreement, and to enforce the
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terms of your agreements with respect to distributed SDK.
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1.3 Authorized Users
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You may allow employees and contractors of your entity or of your subsidiary(ies) to
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access and use the SDK from your secure network to perform work on your behalf.
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If you are an academic institution you may allow users enrolled or employed by the
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academic institution to access and use the SDK from your secure network.
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You are responsible for the compliance with the terms of this Agreement by your authorized
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users. If you become aware that your authorized users didn't follow the terms of this
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Agreement, you agree to take reasonable steps to resolve the non-compliance and prevent
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new occurrences.
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1.4 Pre-Release SDK
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The SDK versions identified as alpha, beta, preview or otherwise as pre-release, may not
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be fully functional, may contain errors or design flaws, and may have reduced or different
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security, privacy, accessibility, availability, and reliability standards relative to
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commercial versions of NVIDIA software and materials. Use of a pre-release SDK may result
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in unexpected results, loss of data, project delays or other unpredictable damage or loss.
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You may use a pre-release SDK at your own risk, understanding that pre-release SDKs are
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not intended for use in production or business-critical systems. NVIDIA may choose not to
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make available a commercial version of any pre-release SDK. NVIDIA may also choose to
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abandon development and terminate the availability of a pre-release SDK at any time
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without liability.
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1.5 Updates
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NVIDIA may, at its option, make available patches, workarounds or other updates to this
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SDK. Unless the updates are provided with their separate governing terms, they are deemed
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part of the SDK licensed to you as provided in this Agreement.
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You agree that the form and content of the SDK that NVIDIA provides may change without
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prior notice to you. While NVIDIA generally maintains compatibility between versions,
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NVIDIA may in some cases make changes that introduce incompatibilities in future versions
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of the SDK.
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1.6 Third Party Licenses
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The SDK may come bundled with, or otherwise include or be distributed with, third party
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software licensed by a NVIDIA supplier and/or open source software provided under an open
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source license. Use of third-party software is subject to the third-party license terms,
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or in the absence of third party terms, the terms of this Agreement. Copyright to
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third-party software is held by the copyright holders indicated in the third-party
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software or license.
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1.7 Reservation of Rights
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NVIDIA reserves all rights, title and interest in and to the SDK not expressly granted to
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you under this Agreement.
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2. Limitations.
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The following license limitations apply to your use of the SDK:
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2.1 You may not reverse engineer, decompile or disassemble, or remove copyright or other
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proprietary notices from any portion of the SDK or copies of the SDK.
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2.2 Except as expressly provided in this Agreement, you may not copy, sell, rent,
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sublicense, transfer, distribute, modify, or create derivative works of any portion of the
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SDK.
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2.3 Unless you have an agreement with NVIDIA for this purpose, you may not indicate that
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an application created with the SDK is sponsored or endorsed by NVIDIA.
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2.4 You may not bypass, disable, or circumvent any encryption, security, digital rights
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management or authentication mechanism in the SDK.
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2.5 You may not use the SDK in any manner that would cause it to become subject to an open
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source software license. As examples, licenses that require as a condition of use,
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modification, and/or distribution that the SDK be (i) disclosed or distributed in source
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code form; (ii) licensed for the purpose of making derivative works; or (iii)
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redistributable at no charge.
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2.6 Unless you have an agreement with NVIDIA for this purpose, you may not use the SDK
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with any system or application where the use or failure of the system or application can
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reasonably be expected to threaten or result in personal injury, death, or catastrophic
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loss. Examples include use in nuclear, avionics, navigation, military, medical, life
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support or other life critical applications. NVIDIA does not design, test or manufacture
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the SDK for these critical uses and NVIDIA shall not be liable to you or any third party,
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in whole or in part, for any claims or damages arising from such uses.
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2.7 You agree to defend, indemnify and hold harmless NVIDIA and its affiliates, and their
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respective employees, contractors, agents, officers and directors, from and against any
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and all claims, damages, obligations, losses, liabilities, costs or debt, fines,
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restitutions and expenses (including but not limited to attorney's fees and costs incident
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to establishing the right of indemnification) arising out of or related to your use of the
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SDK outside of the scope of this Agreement, or not in compliance with its terms.
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3. Ownership.
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3.1 NVIDIA or its licensors hold all rights, title and interest in and to the SDK and its
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modifications and derivative works, including their respective intellectual property
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rights. This SDK may include software and materials from NVIDIA's licensors, and these
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licensors are intended third party beneficiaries that may enforce this Agreement with
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respect to their intellectual property rights.
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3.2 You may, but don't have to, provide to NVIDIA suggestions, feature requests or other
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feedback regarding the SDK, including possible enhancements or modifications to the SDK.
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For any feedback that you voluntarily provide, you hereby grant NVIDIA and its affiliates
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a perpetual, non-exclusive, worldwide, irrevocable license to use, reproduce, modify,
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license, sublicense (through multiple tiers of sublicensees), and distribute (through
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multiple tiers of distributors) it without the payment of any royalties or fees to you.
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NVIDIA will use feedback at its choice. NVIDIA is constantly looking for ways to improve
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its products, so you may send feedback to NVIDIA through the developer portal at
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https://developer.nvidia.com.
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4. No Warranties.
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THE SDK IS PROVIDED BY NVIDIA "AS IS" AND "WITH ALL FAULTS." TO THE MAXIMUM EXTENT
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PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND
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OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY
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WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
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OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE ON
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THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE.
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5. Limitations of Liability.
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TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR
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ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS, LOSS OF
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USE, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS,
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ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SDK,
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WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF
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WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR
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THEORY OF LIABILITY. IN NO EVENT WILL NVIDIA'S AND ITS AFFILIATES TOTAL CUMULATIVE
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LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED US$10.00. THE NATURE OF THE
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LIABILITY OR THE NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR EXTEND THIS LIMIT.
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These exclusions and limitations of liability shall apply regardless if NVIDIA or its
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affiliates have been advised of the possibility of such damages, and regardless of whether
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a remedy fails its essential purpose. These exclusions and limitations of liability form
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an essential basis of the bargain between the parties, and, absent any of these exclusions
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or limitations of liability, the provisions of this Agreement, including, without
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limitation, the economic terms, would be substantially different.
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6. Termination.
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6.1 This Agreement will continue to apply until terminated by either you or NVIDIA as
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described below.
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6.2 If you want to terminate this Agreement, you may do so by stopping to use the SDK.
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6.3 NVIDIA may, at any time, terminate this Agreement if: (i) you fail to comply with any
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term of this Agreement and the non-compliance is not fixed within thirty (30) days
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following notice from NVIDIA (or immediately if you violate NVIDIA's intellectual property
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rights); (ii) you commence or participate in any legal proceeding against NVIDIA with
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respect to the SDK; or (iii) NVIDIA decides to no longer provide the SDK in a country or,
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in NVIDIA's sole discretion, the continued use of it is no longer commercially viable.
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6.4 Upon any termination of this Agreement, you agree to promptly discontinue use of the
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SDK and destroy all copies in your possession or control. Your prior distributions in
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accordance with this Agreement are not affected by the termination of this Agreement. Upon
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written request, you will certify in writing that you have complied with your commitments
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under this section. Upon any termination of this Agreement all provisions survive except
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for the licenses granted to you.
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7. General.
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If you wish to assign this Agreement or your rights and obligations, including by merger,
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consolidation, dissolution or operation of law, contact NVIDIA to ask for permission. Any
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attempted assignment not approved by NVIDIA in writing shall be void and of no effect.
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NVIDIA may assign, delegate or transfer this Agreement and its rights and obligations, and
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if to a non-affiliate you will be notified.
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You agree to cooperate with NVIDIA and provide reasonably requested information to verify
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your compliance with this Agreement.
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This Agreement will be governed in all respects by the laws of the United States and of
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the State of Delaware as those laws are applied to contracts entered into and performed
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entirely within Delaware by Delaware residents, without regard to the conflicts of laws
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principles. The United Nations Convention on Contracts for the International Sale of Goods
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is specifically disclaimed. You agree to all terms of this Agreement in the English
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language.
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The state or federal courts residing in Santa Clara County, California shall have
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exclusive jurisdiction over any dispute or claim arising out of this Agreement.
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Notwithstanding this, you agree that NVIDIA shall still be allowed to apply for injunctive
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remedies or an equivalent type of urgent legal relief in any jurisdiction.
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If any court of competent jurisdiction determines that any provision of this Agreement is
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illegal, invalid or unenforceable, such provision will be construed as limited to the
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extent necessary to be consistent with and fully enforceable under the law and the
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remaining provisions will remain in full force and effect. Unless otherwise specified,
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remedies are cumulative.
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Each party acknowledges and agrees that the other is an independent contractor in the
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performance of this Agreement.
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The SDK has been developed entirely at private expense and is "commercial items"
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consisting of "commercial computer software" and "commercial computer software
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documentation" provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S.
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Government or a U.S. Government subcontractor is subject to the restrictions in this
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Agreement pursuant to DFARS 227.7202-3(a) or as set forth in subparagraphs (b)(1) and (2)
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of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19, as
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applicable. Contractor/manufacturer is NVIDIA, 2788 San Tomas Expressway, Santa Clara, CA
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95051.
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The SDK is subject to United States export laws and regulations. You agree that you will
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not ship, transfer or export the SDK into any country, or use the SDK in any manner,
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prohibited by the United States Bureau of Industry and Security or economic sanctions
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regulations administered by the U.S. Department of Treasury's Office of Foreign Assets
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Control (OFAC), or any applicable export laws, restrictions or regulations. These laws
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include restrictions on destinations, end users and end use. By accepting this Agreement,
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you confirm that you are not a resident or citizen of any country currently embargoed by
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the U.S. and that you are not otherwise prohibited from receiving the SDK.
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Any notice delivered by NVIDIA to you under this Agreement will be delivered via mail,
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email or fax. You agree that any notices that NVIDIA sends you electronically will satisfy
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any legal communication requirements. Please direct your legal notices or other
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correspondence to NVIDIA Corporation, 2788 San Tomas Expressway, Santa Clara, California
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95051, United States of America, Attention: Legal Department.
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This Agreement and any exhibits incorporated into this Agreement constitute the entire
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agreement of the parties with respect to the subject matter of this Agreement and
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supersede all prior negotiations or documentation exchanged between the parties relating
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to this SDK license. Any additional and/or conflicting terms on documents issued by you
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are null, void, and invalid. Any amendment or waiver under this Agreement shall be in
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writing and signed by representatives of both parties.
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(v. July 22, 2019)
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NSIGHT AFTERMATH SUPPLEMENT TO SOFTWARE LICENSE AGREEMENT FOR NVIDIA SOFTWARE DEVELOPMENT
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KITS
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The terms in this supplement govern your use of the NVIDIA Nsight Aftermath SDK under the
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terms of your license agreement ("Agreement") as modified by this supplement. Capitalized
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terms used but not defined below have the meaning assigned to them in the Agreement.
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This supplement is an exhibit to the Agreement and is incorporated as an integral part of
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the Agreement. In the event of conflict between the terms in this supplement and the terms
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in the Agreement, the terms in this supplement govern.
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1. Distribution.
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The following portions of the SDK are distributable under the Agreement: the .dll / .so files.
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2. Usage.
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Please read the accompanying usage guidelines document (nsight-aftermath-usage-guidelines.txt)
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for information on how Nsight Aftermath is intended to be used.
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(v. October 30, 2019)
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------------------------------------------------------------------------------------------
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------------------------------------------------------------------------------------------
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The Nsight Aftermath SDK makes use of third-party libraries. The licensee's use of the
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SDK is subject to the following additional terms and conditions:
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JSON for Modern C++ (https://nlohmann.github.io/json/)
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The class is licensed under the MIT License:
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Copyright (c) 2013-2019 Niels Lohmann
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Permission is hereby granted, free of charge, to any person obtaining a copy of this
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software and associated documentation files (the "Software"), to deal in the Software
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without restriction, including without limitation the rights to use, copy, modify,
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merge, publish, distribute, sublicense, and/or sell copies of the Software, and to
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permit persons to whom the Software is furnished to do so, subject to the following
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conditions:
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The above copyright notice and this permission notice shall be included in all copies
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or substantial portions of the Software.
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THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
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INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
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PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
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HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF
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CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE
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OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
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The class contains the UTF-8 Decoder from Bjoern Hoehrmann which is licensed under the
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MIT License (see above). Copyright (c) 2008-2009 Björn Hoehrmann bjoern@hoehrmann.de
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The class contains a slightly modified version of the Grisu2 algorithm from Florian
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Loitsch which is licensed under the MIT License (see above). Copyright (c) 2009
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Florian Loitsch
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FlatBuffers: Memory Efficient Serialization Library (http://google.github.io/flatbuffers/)
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Apache License Version 2.0, January 2004
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http://www.apache.org/licenses/
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TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
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1. Definitions.
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"License" shall mean the terms and conditions for use, reproduction, and distribution
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as defined by Sections 1 through 9 of this document.
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"Licensor" shall mean the copyright owner or entity authorized by the copyright owner
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that is granting the License.
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"Legal Entity" shall mean the union of the acting entity and all other entities that
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control, are controlled by, or are under common control with that entity. For the
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purposes of this definition, "control" means (i) the power, direct or indirect, to
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cause the direction or management of such entity, whether by contract or otherwise, or
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(ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii)
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beneficial ownership of such entity.
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"You" (or "Your") shall mean an individual or Legal Entity exercising permissions
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granted by this License.
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"Source" form shall mean the preferred form for making modifications, including but
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not limited to software source code, documentation source, and configuration files.
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"Object" form shall mean any form resulting from mechanical transformation or
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translation of a Source form, including but not limited to compiled object code,
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generated documentation, and conversions to other media types.
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"Work" shall mean the work of authorship, whether in Source or Object form, made
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available under the License, as indicated by a copyright notice that is included in or
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attached to the work (an example is provided in the Appendix below).
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"Derivative Works" shall mean any work, whether in Source or Object form, that is
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based on (or derived from) the Work and for which the editorial revisions,
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annotations, elaborations, or other modifications represent, as a whole, an original
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work of authorship. For the purposes of this License, Derivative Works shall not
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include works that remain separable from, or merely link (or bind by name) to the
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interfaces of, the Work and Derivative Works thereof.
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"Contribution" shall mean any work of authorship, including the original version of
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the Work and any modifications or additions to that Work or Derivative Works thereof,
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that is intentionally submitted to Licensor for inclusion in the Work by the copyright
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owner or by an individual or Legal Entity authorized to submit on behalf of the
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copyright owner. For the purposes of this definition, "submitted" means any form of
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electronic, verbal, or written communication sent to the Licensor or its
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representatives, including but not limited to communication on electronic mailing
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lists, source code control systems, and issue tracking systems that are managed by, or
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on behalf of, the Licensor for the purpose of discussing and improving the Work, but
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excluding communication that is conspicuously marked or otherwise designated in
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writing by the copyright owner as "Not a Contribution."
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"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom
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a Contribution has been received by Licensor and subsequently incorporated within the
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Work.
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2. Grant of Copyright License. Subject to the terms and conditions of this License,
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each Contributor hereby grants to You a perpetual, worldwide, non-exclusive,
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no-charge, royalty-free, irrevocable copyright license to reproduce, prepare
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Derivative Works of, publicly display, publicly perform, sublicense, and distribute
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the Work and such Derivative Works in Source or Object form.
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3. Grant of Patent License. Subject to the terms and conditions of this License, each
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Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge,
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royalty-free, irrevocable (except as stated in this section) patent license to make,
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have made, use, offer to sell, sell, import, and otherwise transfer the Work, where
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such license applies only to those patent claims licensable by such Contributor that
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are necessarily infringed by their Contribution(s) alone or by combination of their
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Contribution(s) with the Work to which such Contribution(s) was submitted. If You
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institute patent litigation against any entity (including a cross-claim or
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==============================================================================
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The following pieces of software have additional or alternate copyrights,
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Program Directory
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------- ---------
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Google Test llvm/utils/unittest/googletest
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OpenBSD regex llvm/lib/Support/{reg*, COPYRIGHT.regex}
|
|
pyyaml tests llvm/test/YAMLParser/{*.data, LICENSE.TXT}
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ARM contributions llvm/lib/Target/ARM/LICENSE.TXT
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md5 contributions llvm/lib/Support/MD5.cpp llvm/include/llvm/Support/MD5.h
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|