From a9a3dfec154f2ed3e70df10bc6e0cd8a7ced7151 Mon Sep 17 00:00:00 2001 From: Flatcar Buildbot Date: Mon, 30 Jun 2025 07:12:20 +0000 Subject: [PATCH] licenses: Sync with Gentoo It's from Gentoo commit 53343c03bd9b3327797b1c0c48984db8adf5944d. --- .../portage-stable/licenses/Broadcom-tod | 68 +++ .../portage-stable/licenses/NVIDIA-2023 | 340 ++++++++++++++ .../portage-stable/licenses/NVIDIA-2025 | 416 ++++++++++++++++++ 3 files changed, 824 insertions(+) create mode 100644 sdk_container/src/third_party/portage-stable/licenses/Broadcom-tod create mode 100644 sdk_container/src/third_party/portage-stable/licenses/NVIDIA-2023 create mode 100644 sdk_container/src/third_party/portage-stable/licenses/NVIDIA-2025 diff --git a/sdk_container/src/third_party/portage-stable/licenses/Broadcom-tod b/sdk_container/src/third_party/portage-stable/licenses/Broadcom-tod new file mode 100644 index 0000000000..c83f30299a --- /dev/null +++ b/sdk_container/src/third_party/portage-stable/licenses/Broadcom-tod @@ -0,0 +1,68 @@ +Files: usr/* lib/* +Copyright: Copyright © 2005-2021 Broadcom. All Rights Reserved. +The term “Broadcom” refers to Broadcom Inc. and/or its subsidiaries. +License: Proprietary +SOFTWARE LICENSE AGREEMENT + +The accompanying software in binary code form (“Software”), is licensed to you, +or, if you are accepting on behalf of an entity, the entity and its affiliates +exercising rights hereunder (“Licensee”) subject to the terms of this software +license agreement (“Agreement”), unless Licensee and Broadcom Corporation +(“Broadcom”) execute a separate written software license agreement governing +use of the Software. ANY USE, REPRODUCTION, OR DISTRIBUTION OF THE SOFTWARE +CONSTITUTES LICENSEE’S ACCEPTANCE OF THIS AGREEMENT. + +1.License. Subject to the terms and conditions of this Agreement, +Broadcom hereby grants to Licensee a limited, non-exclusive, non-transferable, +royalty-free license: (i) to use and integrate the Software with any other +software; and (ii) to reproduce and distribute the Software complete, +unmodified, and as provided by Broadcom, solely for use with Broadcom +proprietary integrated circuit product(s) sold by Broadcom with which the +Software was designed to be used, or their successors. + +2.Restrictions. Licensee shall distribute Software with a copy of this +Agreement. Licensee shall not remove, efface or obscure any copyright or +trademark notices from the Software. Reproductions of the Broadcom copyright +notice shall be included with each copy of the Software, except where such +Software is embedded in a manner not readily accessible to the end user. +Licensee shall not: (i) use, license, sell or otherwise distribute the Software +except as provided in this Agreement; (ii) attempt to modify in any way, +reverse engineer, decompile or disassemble any portion of the Software; or +(iii) use the Software or other material in violation of any applicable law or +regulation, including but not limited to any regulatory agency. This Agreement +shall automatically terminate upon Licensee’s failure to comply with any of the +terms of this Agreement. In such event, Licensee will destroy all copies of the +Software and its component parts. + +3.Ownership. The Software is licensed and not sold. Title to and +ownership of the Software, including all intellectual property rights thereto, +and any portion thereof remain with Broadcom or its licensors. Licensee hereby +covenants that it will not assert any claim that the Software created by or for +Broadcom infringe any intellectual property right owned or controlled by +Licensee. + +4.Disclaimer. THE SOFTWARE IS OFFERED “AS IS,” AND BROADCOM PROVIDES AND +GRANTS AND LICENSEE RECEIVES NO SUPPORT AND NO WARRANTIES OF ANY KIND, EXPRESS +OR IMPLIED, BY STATUTE, COMMUNICATION OR CONDUCT WITH LICENSEE, OR OTHERWISE. +BROADCOM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, +FITNESS FOR A SPECIFIC PURPOSE, OR NONINFRINGEMENT CONCERNING THE SOFTWARE OR +ANY UPGRADES TO OR DOCUMENTATION FOR THE SOFTWARE. WITHOUT LIMITATION OF THE +ABOVE, BROADCOM GRANTS NO WARRANTY THAT THE SOFTWARE IS ERROR-FREE OR WILL +OPERATE WITHOUT INTERRUPTION, AND GRANTS NO WARRANTY REGARDING ITS USE OR THE +RESULTS THEREFROM INCLUDING, WITHOUT LIMITATION, ITS CORRECTNESS, ACCURACY, OR +RELIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BROADCOM +OR ANY OF ITS LICENSORS HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, +INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY +OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR +OTHERWISE, ARISING OUT OF THIS AGREEMENT OR USE, REPRODUCTION, OR DISTRIBUTION +OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA AND LOSS OF PROFITS, +EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE +LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY +LIMITED REMEDY. + +5.Export Laws. LICENSEE UNDERSTANDS AND AGREES THAT THE SOFTWARE IS +SUBJECT TO UNITED STATES AND OTHER APPLICABLE EXPORT-RELATED LAWS AND +REGULATIONS AND THAT LICENSEE MAY NOT EXPORT, RE-EXPORT OR TRANSFER THE +SOFTWARE OR ANY DIRECT PRODUCT OF THE SOFTWARE EXCEPT AS PERMITTED UNDER THOSE +LAWS. WITHOUT LIMITING THE FOREGOING, EXPORT, RE-EXPORT, OR TRANSFER OF THE +SOFTWARE TO CUBA, IRAN, NORTH KOREA, SUDAN, AND SYRIA IS PROHIBITED. diff --git a/sdk_container/src/third_party/portage-stable/licenses/NVIDIA-2023 b/sdk_container/src/third_party/portage-stable/licenses/NVIDIA-2023 new file mode 100644 index 0000000000..22904fdeb0 --- /dev/null +++ b/sdk_container/src/third_party/portage-stable/licenses/NVIDIA-2023 @@ -0,0 +1,340 @@ +NVIDIA Driver License Agreement + +IMPORTANT NOTICE - PLEASE READ AND AGREE BEFORE USING THE SOFTWARE. + +This license agreement ("Agreement") is a legal agreement between you, whether +an individual or entity ("you") and NVIDIA Corporation ("NVIDIA") and governs +your use of the NVIDIA driver, and any additional software and materials +provided (the "SOFTWARE"). + +If you don't have the required age or authority to enter into this Agreement or +if you don't accept all the terms below, do not use the SOFTWARE. + +You agree to use the SOFTWARE only for purposes that are permitted by this +Agreement and any applicable law or regulation in the relevant jurisdictions. + +1. License. + +1.1 Subject to the terms of this Agreement, NVIDIA grants you a non-exclusive, +revocable, non-transferable and non-sublicensable (except as expressly provided +in this Agreement) license to: + +a. Install and use copies of the SOFTWARE, + +b. Modify and create derivative works of any portion of the SOFTWARE delivered +by NVIDIA in source code format, + +c. Deploy, for your own use, the SOFTWARE on infrastructure you own or lease, +and + +d. Distribute the SOFTWARE provided for use with operating systems distributed +under the terms of an OSI-approved open source license as listed by the Open +Source Initiative at http://opensource.org, provided that (i) the binary files +thereof are not modified in any way (except for uncompressing of compressed +files) and (ii) this Agreement is provided to each SOFTWARE recipient. + +2. Limitations. + +The following license limitations apply to your use of the SOFTWARE: + +2.1 The SOFTWARE is only licensed for use in conjunction with microprocessor(s), +SoCs, and GPUs which have been (i) designed by NVIDIA and/or its affiliates and +(ii) sold (directly or indirectly) by NVIDIA and/or its affiliates ("NVIDIA +Platform"). You may only use firmware in NVIDIA Platforms. You may not translate +firmware, nor cause or permit firmware to be translated, from the architecture +or language in which it is originally provided by NVIDIA, into any other +architecture or language. + +2.2 You may not reverse engineer, decompile, or disassemble the SOFTWARE +provided in binary form, nor attempt in any other manner to obtain source code +of such SOFTWARE. + +2.3 You may not modify or create derivative works of the SOFTWARE provided in +binary form. + +2.4 You may not distribute any modified header files. + +2.5 You may not change or remove copyright or other proprietary notices in the +SOFTWARE, or misrepresent the authorship of the SOFTWARE, and you must cause any +modified files to carry prominent notices stating that you changed the files +such that modifications are not misrepresented as an original SOFTWARE. + +2.6 You may not bypass, disable, or circumvent any technical limitation, +encryption, security, digital rights management or authentication mechanism in +the SOFTWARE. + +2.7 Except as expressly granted in this Agreement, you may not sell, rent, +sublicense, distribute or transfer the SOFTWARE or provide commercial hosting +services with the SOFTWARE. + +2.8 You agree that GeForce or Titan SOFTWARE: (i) is licensed for use only on +GeForce or Titan hardware products you own, and (ii) is not licensed for +datacenter deployment. + +2.9 You may not use the SOFTWARE in any manner that would cause it to become +subject to an open source software license, subject to the terms in the +"Components Under Other Licenses" section below. + +2.10 You acknowledge that the SOFTWARE as delivered is not tested or certified +by NVIDIA for use in any system or application where the use of or failure of +such system or application developed with the SOFTWARE could result in injury, +death or catastrophic damage (each, a "Critical Application"). Examples of +Critical Applications include use in avionics, navigation, autonomous vehicle +applications, automotive products, military, medical, life support or other life +critical applications. NVIDIA will not be liable to you or any third party, in +whole or in part, for any claims or damages arising from these uses. You are +solely responsible for ensuring that systems and applications developed with the +SOFTWARE include sufficient safety and redundancy features, and comply with all +applicable legal and regulatory standards and requirements. + +2.11 You agree to defend, indemnify and hold harmless NVIDIA and its affiliates, +and their respective employees, contractors, agents, officers and directors, +from and against any and all claims, damages, obligations, losses, liabilities, +costs or debt, fines, restitutions and expenses (including but not limited to +attorney's fees and costs incident to establishing the right of indemnification) +arising out of or related to products or services that have been developed with +or use the SOFTWARE (including for use in or for Critical Applications), and for +use of the SOFTWARE outside of the scope of this Agreement or not in compliance +with its terms. + +3. Authorized Users. + +You may allow employees and contractors of your entity or of your +subsidiary(ies) to access and use the SOFTWARE from your secure network to +perform the work authorized by this Agreement on your behalf. + +If you are an academic institution, you may allow users enrolled or employed by +the academic institution to access and use the SOFTWARE as authorized by this +Agreement from your secure network. + +You are responsible for the compliance with the terms of this Agreement by your +authorized users. Any act or omission that if committed by you would constitute +a breach of this Agreement will be deemed to constitute a breach of this +Agreement if committed by your authorized users. + +4. Pre-Release SOFTWARE. + +The SOFTWARE versions identified as alpha, beta, preview or otherwise as +pre-release may not be fully functional, may contain errors or design flaws, and +may have reduced or different security, privacy, accessibility and reliability +standards relative to commercial versions of NVIDIA software and materials. + +You may use pre-release SOFTWARE at your own risk, understanding that +pre-release SOFTWARE is not intended for use in production or business-critical +systems and NVIDIA may choose not to make available a commercial version of any +pre-release SOFTWARE. + +5. Support and Updates. + +NVIDIA is not obligated to support any SOFTWARE, unless there is a separate +agreement for this purpose. NVIDIA may, at its option, make available patches, +workarounds or other updates to the SOFTWARE. Unless the updates are provided +with their separate governing terms, they are deemed part of the SOFTWARE +licensed to you as provided in this Agreement. + +6. Components Under Other Licenses. + +The SOFTWARE may include or be distributed with components provided with +separate legal notices or terms that accompany the components, such as open +source software licenses and other license terms ("Other Licenses"). The +components are subject to the applicable Other Licenses, including any +proprietary notices, disclaimers, requirements and extended use rights; except +that this Agreement will prevail regarding the use of third-party open source +software, unless a third-party open source software license requires its license +terms to prevail. Open source software license means any software, data or +documentation subject to any license identified as an open source license by the +Open Source Initiative (http://opensource.org), Free Software Foundation +(http://www.fsf.org) or other similar open source organization or listed by the +Software Package Data Exchange (SPDX) Workgroup under the Linux Foundation +(http://www.spdx.org). + +You acknowledge and agree that it is your sole responsibility to obtain any +additional third-party licenses required to make, have made, use, have used, +sell, import, and offer for sale your products or services that include or +incorporate any third-party software and content, including, without limitation, +audio and/or video encoders and decoders and implementations of technical +standards. NVIDIA does not grant to you under this Agreement any necessary +patent or other rights, including standard essential patent rights, with respect +to any third-party software and content. + +7. Termination. + +This Agreement will automatically terminate without notice from NVIDIA if you +fail to comply with any of the terms in this Agreement or if you commence or +participate in any legal proceeding against NVIDIA with respect to the +SOFTWARE. Upon any termination, you must stop using and destroy all copies of +the SOFTWARE. You can terminate this Agreement whenever you want by stopping use +of the SOFTWARE and destroying all copies of the SOFTWARE. Your prior +distributions according to this Agreement are not affected by termination. All +provisions will survive termination, except for the licenses granted to you. + +8. Ownership. + +The SOFTWARE, including all intellectual property rights, is and will remain the +sole and exclusive property of NVIDIA or its licensors. Except as expressly +granted in this Agreement, (i) NVIDIA reserves all rights, interests, and +remedies in connection with the SOFTWARE, and (ii) no other license or right is +granted to you by implication, estoppel or otherwise. You agree to cooperate +with NVIDIA and provide reasonably requested information to verify your +compliance with this Agreement. + +9. Feedback. + +You may, but you are not obligated to, provide suggestions, requests, fixes, +modifications, enhancements, or other feedback regarding the SOFTWARE +(collectively, "Feedback"). Feedback, even if designated as confidential by you, +will not create any confidentiality obligation for NVIDIA or its affiliates. If +you provide Feedback, you grant NVIDIA, its affiliates and its designees a +non-exclusive, perpetual, irrevocable, sublicensable, worldwide, royalty-free, +fully paid-up and transferable license, under your intellectual property rights, +to publicly perform, publicly display, reproduce, use, make, have made, sell, +offer for sale, distribute (through multiple tiers of distribution), import, +create derivative works of and otherwise commercialize and exploit the Feedback +at NVIDIA's discretion. You will not give Feedback (i) that you have reason to +believe is subject to any restriction that impairs the exercise of the grant +stated in this section; or (ii) subject to license terms which seek to require +any product incorporating or developed using such Feedback, or other +intellectual property of NVIDIA or its affiliates, to be licensed to or +otherwise shared with any third party. + +10. Governing Law and Jurisdiction. + +This Agreement will be governed in all respects by the laws of the United States +and the laws of the State of Delaware, without regard to conflict of laws +principles or the United Nations Convention on Contracts for the International +Sale of Goods. The state and federal courts residing in Santa Clara County, +California will have exclusive jurisdiction over any dispute or claim arising +out of or related to this Agreement, and the parties irrevocably consent to +personal jurisdiction and venue in those courts; except that either party may +apply for injunctive remedies or an equivalent type of urgent legal relief in +any jurisdiction. + +11. Disclaimer of Warranties. + +THE SOFTWARE IS PROVIDED BY NVIDIA AS-IS AND WITH ALL FAULTS. TO THE FULLEST +EXTENT PERMITTED BY APPLICABLE LAW, NVIDIA DISCLAIMS ALL WARRANTIES AND +REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO +OR ARISING UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES +OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, +USAGE OF TRADE AND COURSE OF DEALING. WITHOUT LIMITING THE FOREGOING, NVIDIA +DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT ANY DEFECTS +OR ERRORS WILL BE CORRECTED; THAT ANY CERTAIN CONTENT WILL BE AVAILABLE; OR THAT +THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. + +In addition, you agree that you are solely responsible for maintaining +appropriate data backups and system restore points for systems that include the +SOFTWARE, and that NVIDIA will have no responsibility for any damage or loss to +such systems (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. + +NO INFORMATION OR ADVICE GIVEN BY NVIDIA WILL IN ANY WAY INCREASE THE SCOPE OF +ANY WARRANTY EXPRESSLY PROVIDED IN THIS AGREEMENT. You are responsible for +checking that a SOFTWARE version is the appropriate one for your NVIDIA product +model, operating system, and computer hardware. + +12. Limitations of Liability. + +TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NVIDIA BE +LIABLE FOR ANY (I) INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL +DAMAGES, OR (II) DAMAGES FOR (A) THE COST OF PROCURING SUBSTITUTE GOODS, OR (B) +LOSS OF PROFITS, REVENUES, USE, DATA OR GOODWILL ARISING OUT OF OR RELATED TO +THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING +NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF NVIDIA HAS BEEN ADVISED +OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A PARTY'S REMEDIES FAIL THEIR +ESSENTIAL PURPOSE. + +ADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NVIDIA'S TOTAL +CUMULATIVE AGGREGATE LIABILITY FOR ANY AND ALL LIABILITIES, OBLIGATIONS OR +CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED FIVE +U.S. DOLLARS (US$5). + +13. Data Collection. + +If you are using the SOFTWARE on a Windows operating system, you hereby +acknowledge that at the time of SOFTWARE installation, NVIDIA will access and +collect data to: (a) properly configure and optimize the system for use with the +SOFTWARE; (b) deliver content or service through SOFTWARE; and (c) improve +NVIDIA products and services. Information collected may include configuration +data such as GPU and CPU, and operating system. + +The SOFTWARE may contain links to third party websites and services. NVIDIA +encourages you to review the privacy statements on those sites and services that +you choose to visit to understand how they may collect, use and share your +data. NVIDIA is not responsible for the privacy statements or practices of third +party sites or services. + +Please review the NVIDIA Privacy Policy, located at +https://www.nvidia.com/en-us/about-nvidia/privacy-policy, which explains +NVIDIA's policy for collecting and using data. + +14. Assignment. + +NVIDIA may assign, delegate or transfer its rights or obligations under this +Agreement by any means or operation of law. You may not, without NVIDIA's prior +written consent, assign, delegate or transfer any of its rights or obligations +under this Agreement by any means or operation of law, and any attempt to do so +is null and void. + +15. Trade Compliance. + +You agree to comply with all applicable export, import, trade and economic +sanctions laws and regulations, including U.S. Export Administration +Regulations and Office of Foreign Assets Control regulations. These laws include +restrictions on destinations, end-users and end-use. + +16. Government Use. + +The SOFTWARE, including related documentation ("Protected Items") is a +"Commercial product" as this term is defined at 48 C.F.R. 2.101, consisting of +"commercial computer software" and "commercial computer software documentation" +as such terms are used in, respectively, 48 C.F.R. 12.212 and 48 C.F.R. 227.7202 +& 252.227- 7014(a)(1). Before any Protected Items are supplied to the +U.S. Government, you will (i) inform the U.S. Government in writing that the +Protected Items are and must be treated as commercial computer software and +commercial computer software documentation developed at private expense; (ii) +inform the U.S. Government that the Protected Items are provided subject to the +terms of this Agreement; and (iii) mark the Protected Items as commercial +computer software and commercial computer software documentation developed at +private expense. In no event will you permit the U.S. Government to acquire +rights in Protected Items beyond those specified in 48 +C.F.R. 52.227-19(b)(1)-(2) or 252.227-7013(c) except as expressly approved by +NVIDIA in writing. + +17. Notices. + +Please direct your legal notices or other correspondence to NVIDIA Corporation, +2788 San Tomas Expressway, Santa Clara, California 95051, United States of +America, Attention: Legal Department. If NVIDIA needs to contact you about the +SOFTWARE, you consent to receive the notices by email and that such notices will +satisfy any legal communication requirements. + +18. Entire Agreement. + +Regarding the subject matter of this Agreement, the parties agree that (i) this +Agreement constitutes the entire and exclusive agreement between the parties and +supersedes all prior and contemporaneous communications and (ii) any additional +or different terms or conditions, whether contained in purchase orders, order +acknowledgments, invoices or otherwise, will not be binding on the receiving +party and are null and void. This Agreement may only be modified in a writing +signed by an authorized representative of each party. + +If a court of competent jurisdiction rules that a provision of this Agreement is +unenforceable, that provision will be deemed modified to the extent necessary to +make it enforceable and the remainder of this Agreement will continue in full +force and effect. + +19. No Waiver. + +No failure or delay by a party to enforce any Agreement term or obligation will +operate as a waiver by that party, or prevent the enforcement of such term or +obligation later. + +20. Licensing. + +For any questions regarding this Agreement, please contact NVIDIA at +driver-licensing@nvidia.com + +(v. February 27, 2023) diff --git a/sdk_container/src/third_party/portage-stable/licenses/NVIDIA-2025 b/sdk_container/src/third_party/portage-stable/licenses/NVIDIA-2025 new file mode 100644 index 0000000000..eebf02d403 --- /dev/null +++ b/sdk_container/src/third_party/portage-stable/licenses/NVIDIA-2025 @@ -0,0 +1,416 @@ +NVIDIA Driver License Agreement + +IMPORTANT NOTICE - PLEASE READ AND AGREE BEFORE USING THE SOFTWARE. + +This license agreement ("Agreement") is a legal agreement between you, whether +an individual or entity ("you") and NVIDIA Corporation ("NVIDIA") and governs +your use of the NVIDIA driver, and any additional software and materials +provided (the "SOFTWARE"). + +If you don't have the required age or authority to enter into this Agreement or +if you don't accept all the terms below, do not use the SOFTWARE. + +You agree to use the SOFTWARE only for purposes that are permitted by this +Agreement and any applicable law or regulation in the relevant jurisdictions. + +1. License. + +1.1 Subject to the terms of this Agreement, NVIDIA grants you a non-exclusive, +revocable, non-transferable and non-sublicensable (except as expressly provided +in this Agreement) license to: + +a. Install and use copies of the SOFTWARE, + +b. Modify and create derivative works of any portion of the SOFTWARE delivered +by NVIDIA in source code format, + +c. Deploy, for your own use, the SOFTWARE on infrastructure you own or lease, +and + +d. Distribute the SOFTWARE provided for use with operating system kernels +distributed under the terms of an OSI-approved open source license as listed by +the Open Source Initiative at http://opensource.org, provided that (i) the +binary files thereof are not modified in any way (except for uncompressing of +compressed files) and (ii) this Agreement is provided to each SOFTWARE +recipient. + +2. Limitations. + +The following license limitations apply to your use of the SOFTWARE: + +2.1 The SOFTWARE is only licensed for use in conjunction with microprocessor(s), +SoCs, and GPUs which have been (i) designed by NVIDIA and/or its affiliates and +(ii) sold (directly or indirectly) by NVIDIA and/or its affiliates ("NVIDIA +Platform"). You may only use firmware in NVIDIA Platforms. You may not translate +firmware, nor cause or permit firmware to be translated, from the architecture +or language in which it is originally provided by NVIDIA, into any other +architecture or language. + +2.2 You may not reverse engineer, decompile, or disassemble the SOFTWARE +provided in binary form, nor attempt in any other manner to obtain source code +of such SOFTWARE. + +2.3 You may not modify or create derivative works of the SOFTWARE provided in +binary form. + +2.4 You may not distribute any modified header files. + +2.5 You may not change or remove copyright or other proprietary notices in the +SOFTWARE, or misrepresent the authorship of the SOFTWARE, and you must cause any +modified files to carry prominent notices stating that you changed the files +such that modifications are not misrepresented as an original SOFTWARE. + +2.6 You may not bypass, disable, or circumvent any technical limitation, +encryption, security, digital rights management or authentication mechanism in +the SOFTWARE. + +2.7 Except as expressly granted in this Agreement, you may not sell, rent, +sublicense, distribute or transfer the SOFTWARE or provide commercial hosting +services with the SOFTWARE. + +2.8 You agree that GeForce or Titan SOFTWARE: (i) is licensed for use only on +GeForce or Titan hardware products you own, and (ii) is not licensed for +datacenter deployment. + +2.9 You may not use the SOFTWARE in any manner that would cause it to become +subject to an open source software license, subject to the terms in the +"Components Under Other Licenses" section below. + +2.10 You acknowledge that the SOFTWARE as delivered is not tested or certified +by NVIDIA for use in any system or application where the use of or failure of +such system or application developed with the SOFTWARE could result in injury, +death or catastrophic damage (each, a "Critical Application"). Examples of +Critical Applications include use in avionics, navigation, autonomous vehicle +applications, automotive products, military, medical, life support or other life +critical applications. NVIDIA will not be liable to you or any third party, in +whole or in part, for any claims or damages arising from these uses. You are +solely responsible for ensuring that systems and applications developed with the +SOFTWARE include sufficient safety and redundancy features, and comply with all +applicable legal and regulatory standards and requirements. + +2.11 You agree to defend, indemnify and hold harmless NVIDIA and its affiliates, +and their respective employees, contractors, agents, officers and directors, +from and against any and all claims, damages, obligations, losses, liabilities, +costs or debt, fines, restitutions and expenses (including but not limited to +attorney's fees and costs incident to establishing the right of indemnification) +arising out of or related to products or services that have been developed with +or use the SOFTWARE (including for use in or for Critical Applications), and for +use of the SOFTWARE outside of the scope of this Agreement or not in compliance +with its terms. + +3. Authorized Users. + +You may allow employees and contractors of your entity or of your +subsidiary(ies) to access and use the SOFTWARE from your secure network to +perform the work authorized by this Agreement on your behalf. + +If you are an academic institution, you may allow users enrolled or employed by +the academic institution to access and use the SOFTWARE as authorized by this +Agreement from your secure network. + +You are responsible for the compliance with the terms of this Agreement by your +authorized users. Any act or omission that if committed by you would constitute +a breach of this Agreement will be deemed to constitute a breach of this +Agreement if committed by your authorized users. + +4. Pre-Release SOFTWARE. + +The SOFTWARE versions identified as alpha, beta, preview or otherwise as +pre-release may not be fully functional, may contain errors or design flaws, and +may have reduced or different security, privacy, accessibility and reliability +standards relative to commercial versions of NVIDIA software and materials. + +You may use pre-release SOFTWARE at your own risk, understanding that +pre-release SOFTWARE is not intended for use in production or business-critical +systems and NVIDIA may choose not to make available a commercial version of any +pre-release SOFTWARE. + +5. Support and Updates. + +NVIDIA is not obligated to support any SOFTWARE, unless there is a separate +agreement for this purpose. NVIDIA may, at its option, make available patches, +workarounds or other updates to the SOFTWARE. Unless the updates are provided +with their separate governing terms, they are deemed part of the SOFTWARE +licensed to you as provided in this Agreement. + +6. Components Under Other Licenses. + +The SOFTWARE may include or be distributed with components provided with +separate legal notices or terms that accompany the components, such as open +source software licenses and other license terms ("Other Licenses"). The +components are subject to the applicable Other Licenses, including any +proprietary notices, disclaimers, requirements and extended use rights; except +that this Agreement will prevail regarding the use of third-party open source +software, unless a third-party open source software license requires its license +terms to prevail. Open source software license means any software, data or +documentation subject to any license identified as an open source license by the +Open Source Initiative (http://opensource.org), Free Software Foundation +(http://www.fsf.org) or other similar open source organization or listed by the +Software Package Data Exchange (SPDX) Workgroup under the Linux Foundation +(http://www.spdx.org). + +You acknowledge and agree that it is your sole responsibility to obtain any +additional third-party licenses required to make, have made, use, have used, +sell, import, and offer for sale your products or services that include or +incorporate any third-party software and content, including, without limitation, +audio and/or video encoders and decoders and implementations of technical +standards. NVIDIA does not grant to you under this Agreement any necessary +patent or other rights, including standard essential patent rights, with respect +to any third-party software and content. + +7. Termination. + +This Agreement will automatically terminate without notice from NVIDIA if you +fail to comply with any of the terms in this Agreement or if you commence or +participate in any legal proceeding against NVIDIA with respect to the +SOFTWARE. Upon any termination, you must stop using and destroy all copies of +the SOFTWARE. You can terminate this Agreement whenever you want by stopping use +of the SOFTWARE and destroying all copies of the SOFTWARE. Your prior +distributions according to this Agreement are not affected by termination. All +provisions will survive termination, except for the licenses granted to you. + +8. Ownership. + +The SOFTWARE, including all intellectual property rights, is and will remain the +sole and exclusive property of NVIDIA or its licensors. Except as expressly +granted in this Agreement, (i) NVIDIA reserves all rights, interests, and +remedies in connection with the SOFTWARE, and (ii) no other license or right is +granted to you by implication, estoppel or otherwise. You agree to cooperate +with NVIDIA and provide reasonably requested information to verify your +compliance with this Agreement. + +9. Feedback. + +You may, but you are not obligated to, provide suggestions, requests, fixes, +modifications, enhancements, or other feedback regarding the SOFTWARE +(collectively, "Feedback"). Feedback, even if designated as confidential by you, +will not create any confidentiality obligation for NVIDIA or its affiliates. If +you provide Feedback, you grant NVIDIA, its affiliates and its designees a +non-exclusive, perpetual, irrevocable, sublicensable, worldwide, royalty-free, +fully paid-up and transferable license, under your intellectual property rights, +to publicly perform, publicly display, reproduce, use, make, have made, sell, +offer for sale, distribute (through multiple tiers of distribution), import, +create derivative works of and otherwise commercialize and exploit the Feedback +at NVIDIA's discretion. You will not give Feedback (i) that you have reason to +believe is subject to any restriction that impairs the exercise of the grant +stated in this section; or (ii) subject to license terms which seek to require +any product incorporating or developed using such Feedback, or other +intellectual property of NVIDIA or its affiliates, to be licensed to or +otherwise shared with any third party. + +10. Governing Law and Dispute Resolution. + +10.1 Informal Resolution. + +If you or NVIDIA have any dispute, claim or controversy arising out of or +relating to the SOFTWARE or this Agreement ("Dispute"), the parties agree to +work in good faith to resolve the Dispute informally. If you have a Dispute, you +must first contact NVIDIA and give NVIDIA an opportunity to resolve it by +contacting NVIDIA by mail at NVIDIA Corporation, ATTN: Legal, 2788 San Tomas +Expressway, Santa Clara, California, 95051. Either you or NVIDIA may seek to +have a Dispute resolved in small claims court if all the requirements of the +small claims court are satisfied. Either you or NVIDIA may seek to have a +Dispute resolved in small claims court in your county of residence or the small +claims court in closest proximity to your residence at any time before an +arbitrator is appointed, and you may also bring a Dispute in small claims court +in the Superior Court of California, County of Santa Clara. + +10.2 Binding Arbitration. + +For any Disputes that are not resolved informally or by the small claims court, +you and NVIDIA each agree to resolve any such Dispute by binding arbitration +before an arbitrator from Judicial Mediation and Arbitration Services ("JAMS") +(rules available at https://www.jamsadr.com/). Except as otherwise provided in +this section, all issues are for the arbitrator to decide, including +jurisdictional and arbitrability issues and the formation, existence, validity, +interpretation, and scope of this arbitration provision. The arbitration will be +conducted in Santa Clara County, California (or the nearest JAMS office to Santa +Clara County), unless you request an in-person hearing in your hometown or you +and NVIDIA agree otherwise. You and NVIDIA agree that the parties will arbitrate +all Disputes, remedies, and requests for relief subject to individual +arbitration first, the arbitrator will only determine issues of liability on the +merits of any claim asserted, and the arbitrator may only award declaratory or +injunctive relief in favor of the individual party seeking relief and only to +the extent necessary to provide relief warranted by that party's individual +claim. You and NVIDIA agree that any remaining unresolved Disputes, remedies, or +requests for relief may be pursued in court only after the arbitrator's award +has been issued. In any later court proceeding, the arbitrator's factual +findings will not be entitled to deference by the court. Nothing in these terms +will prevent a party from seeking injunctive or other equitable relief from the +courts in any jurisdiction to prevent the actual or threatened violation of that +party's data security, intellectual property rights, or other proprietary +rights. If for any reason this Section 10.2 is unenforceable concerning any +Dispute, and a Dispute proceeds in a court of general jurisdiction, the Dispute +will be exclusively brought in state or federal court located in Santa Clara +County, California. + +10.3 Class Action, Representative Action, & Jury Trial Waiver. + +All Disputes must be brought by a party in its individual capacity, and not as a +plaintiff or class member in any purported class or representative +proceeding. You and NVIDIA agree to waive the right to a jury trial, participate +in class action lawsuits, class-wide arbitrations, any collective, consolidated, +or other proceeding or request for relief where someone acts in a representative +capacity. + +10.4 Right to Opt-Out. + +You may opt-out of the foregoing jury trial, class action, arbitration, and +collective or consolidated proceeding waiver provision by notifying NVIDIA in +writing within 30 days of commencement of use of the SOFTWARE, within 30 days of +the effective date of this Agreement, or within 30 days of any future change +NVIDIA may make to this Section 10.4. Such written notification must be sent by +mail to NVIDIA Corporation, Attn: Legal, 2788 San Tomas Expressway, Santa Clara, +California, 95051 and must include (1) your name, (2) your address, (3) the +reference to NVIDIA drivers as the software to which the notice relates, and (4) +a clear statement indicating that you do not wish to resolve disputes through +arbitration and demonstrating compliance with the 30-day time limit to +opt-out. Any opt-out notification received after the opt-out deadline or not +including the required items noted in (1)-(4) in the preceding sentence will not +be valid and you will be required to pursue your Dispute in arbitration or small +claims court. Opting out of this dispute resolution procedure will not affect +the terms and conditions of this Agreement, which still apply to you. If you +opt-out of any future change NVIDIA may make to this Section 10.4, the most +recent version of Section 10.4 before the change you rejected will apply. + +10.5 Governing Law. + +You and NVIDIA each agree that all Disputes will be governed by the Federal +Arbitration Act, in addition to the internal substantive laws of the State of +Delaware and the United States, without regard to or application of its conflict +of laws rules or principles. The United Nations Convention on Contracts for the +International Sale of Goods is expressly disclaimed. Any translation of this +Agreement is done for local requirements and, if there is a dispute between the +English and any non-English versions, you and NVIDIA agree that the English +version of this Agreement will govern to the extent not prohibited by local law +in your jurisdiction. + +11. Disclaimer of Warranties. + +THE SOFTWARE IS PROVIDED BY NVIDIA AS-IS AND WITH ALL FAULTS. TO THE FULLEST +EXTENT PERMITTED BY APPLICABLE LAW, NVIDIA DISCLAIMS ALL WARRANTIES AND +REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO +OR ARISING UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES +OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, +USAGE OF TRADE AND COURSE OF DEALING. WITHOUT LIMITING THE FOREGOING, NVIDIA +DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT ANY DEFECTS +OR ERRORS WILL BE CORRECTED; THAT ANY CERTAIN CONTENT WILL BE AVAILABLE; OR THAT +THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. + +In addition, you agree that you are solely responsible for maintaining +appropriate data backups and system restore points for systems that include the +SOFTWARE, and that NVIDIA will have no responsibility for any damage or loss to +such systems (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. + +NO INFORMATION OR ADVICE GIVEN BY NVIDIA WILL IN ANY WAY INCREASE THE SCOPE OF +ANY WARRANTY EXPRESSLY PROVIDED IN THIS AGREEMENT. You are responsible for +checking that a SOFTWARE version is the appropriate one for your NVIDIA product +model, operating system, and computer hardware. + +12. Limitations of Liability. + +TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NVIDIA BE +LIABLE FOR ANY (I) INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL +DAMAGES, OR (II) DAMAGES FOR (A) THE COST OF PROCURING SUBSTITUTE GOODS, OR (B) +LOSS OF PROFITS, REVENUES, USE, DATA OR GOODWILL ARISING OUT OF OR RELATED TO +THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING +NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF NVIDIA HAS BEEN ADVISED +OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A PARTY'S REMEDIES FAIL THEIR +ESSENTIAL PURPOSE. + +ADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NVIDIA'S TOTAL +CUMULATIVE AGGREGATE LIABILITY FOR ANY AND ALL LIABILITIES, OBLIGATIONS OR +CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED FIVE +U.S. DOLLARS (US$5). + +13. Data Collection. + +If you are using the SOFTWARE on a Windows operating system, you hereby +acknowledge that at the time of SOFTWARE installation, NVIDIA will access and +collect data to: (a) properly configure and optimize the system for use with the +SOFTWARE; (b) deliver content or service through SOFTWARE; and (c) improve +NVIDIA products and services. Information collected may include configuration +data such as GPU and CPU, and operating system. + +The SOFTWARE may contain links to third party websites and services. NVIDIA +encourages you to review the privacy statements on those sites and services that +you choose to visit to understand how they may collect, use and share your +data. NVIDIA is not responsible for the privacy statements or practices of third +party sites or services. + +Please review the NVIDIA Privacy Policy, located at +https://www.nvidia.com/en-us/about-nvidia/privacy-policy, which explains +NVIDIA's policy for collecting and using data. + +14. Assignment. + +NVIDIA may assign, delegate or transfer its rights or obligations under this +Agreement by any means or operation of law. You may not, without NVIDIA's prior +written consent, assign, delegate or transfer any of its rights or obligations +under this Agreement by any means or operation of law, and any attempt to do so +is null and void. + +15. Trade Compliance. + +You agree to comply with all applicable export, import, trade and economic +sanctions laws and regulations, including U.S. Export Administration +Regulations and Office of Foreign Assets Control regulations. These laws include +restrictions on destinations, end-users and end-use. + +16. Government Use. + +The SOFTWARE, including related documentation ("Protected Items") is a +"Commercial product" as this term is defined at 48 C.F.R. 2.101, consisting of +"commercial computer software" and "commercial computer software documentation" +as such terms are used in, respectively, 48 C.F.R. 12.212 and 48 C.F.R. 227.7202 +& 252.227-7014(a)(1). Before any Protected Items are supplied to the +U.S. Government, you will (i) inform the U.S. Government in writing that the +Protected Items are and must be treated as commercial computer software and +commercial computer software documentation developed at private expense; (ii) +inform the U.S. Government that the Protected Items are provided subject to the +terms of this Agreement; and (iii) mark the Protected Items as commercial +computer software and commercial computer software documentation developed at +private expense. In no event will you permit the U.S. Government to acquire +rights in Protected Items beyond those specified in 48 +C.F.R. 52.227-19(b)(1)-(2) or 252.227-7013(c) except as expressly approved by +NVIDIA in writing. + +17. Notices. + +Please direct your legal notices or other correspondence to NVIDIA Corporation, +2788 San Tomas Expressway, Santa Clara, California 95051, United States of +America, Attention: Legal Department. If NVIDIA needs to contact you about the +SOFTWARE, you consent to receive the notices by email and that such notices will +satisfy any legal communication requirements. + +18. Entire Agreement. + +Regarding the subject matter of this Agreement, the parties agree that (i) this +Agreement constitutes the entire and exclusive agreement between the parties and +supersedes all prior and contemporaneous communications and (ii) any additional +or different terms or conditions, whether contained in purchase orders, order +acknowledgments, invoices or otherwise, will not be binding on the receiving +party and are null and void. This Agreement may only be modified in a writing +signed by an authorized representative of each party. + +If a court of competent jurisdiction rules that a provision of this Agreement is +unenforceable, that provision will be deemed modified to the extent necessary to +make it enforceable and the remainder of this Agreement will continue in full +force and effect. + +19. No Waiver. + +No failure or delay by a party to enforce any Agreement term or obligation will +operate as a waiver by that party, or prevent the enforcement of such term or +obligation later. + +20. Licensing. + +For any questions regarding this Agreement, please contact NVIDIA at +driver-licensing@nvidia.com + +(v. February 25, 2025)