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- NVIDIA Corporation
-
- LICENSE AGREEMENT FOR THE
- NVIDIA DEMONSTRATION SUITE
-
-
- 1.LICENSE RIGHTS AND RESTRICTIONS. NVIDIA grants to
- end user ("Licensee"), without charge, a
- non-exclusive, non-assignable license to copy and
- use, in object form, the software application program
- referred to by NVIDIA as NVIDIA Demo Suite (the "Software")
- subject to the terms of this Agreement. The Software
- may be copied and used only for purposes of
- demonstrating and evaluating features and
- performance characteristics of certain
- high-performance graphics accelerators, and shall not
- be copied or used for any other purpose by Licensee.
- Licensee may not rent, lease or distribute the
- Software.
-
- 2.OWNERSHIP. NVIDIA or its licensors own and will
- retain all rights, title, and interests, including but not
- limited to trademarks, copyrights, patents, patent
- rights, trade names, trade secrets, and other
- intellectual property rights, in and to the Software and
- any accompanying materials, and in structure,
- organization, code, algorithms, know-how, ideas,
- techniques, procedures and concepts embodied
- therein. Licensee may not modify, adapt, translate,
- reverse engineer, decompile, disassemble or
- otherwise attempt to discover the source code for the
- Software, or remove or modify any proprietary
- legends, identifications, or notices which are
- embodied in or affixed to the Software or any
- accompanying materials. Licensee may use
- trademarks only to identify the Software and its
- origin, consistent with good trademark practice,
- including the identification of the trademark owner's
- name. All rights not expressly granted are reserved
- by NVIDIA. Licensee does not obtain any rights, title, or
- interests, including but not limited to such intellectual
- property rights, in the Software by this Agreement,
- other than the license rights expressly conferred in
- Section 1.
-
- 3.NO WARRANTIES. The Software and
- accompanying materials are provided "AS-IS",
- WITHOUT WARRANTY OF ANY KIND. TO THE
- MAXIMUM EXTENT PERMITTED BY LAW,
- NVIDIA EXPRESSLY DISCLAIMS ALL
- WARRANTIES, EXPRESS OR IMPLIED,
- INCLUDING BUT NOT LIMITED TO
- WARRANTIES OF MERCHANTABILITY,
- FITNESS FOR A PARTICULAR PURPOSE, AND
- NONINFRINGMENT, OR ARISING FROM A
- COURSE OF DEALING, USAGE, OR TRADE
- PRACTICE, OR THAT THE SOFTWARE WILL BE
- ERROR FREE, WILL OPERATE WITHOUT
- INTERRUPTION, OR WILL BE COMPATIBLE
- WITH ANY PARTICULAR SOFTWARE OR
- HARDWARE. Licensee agrees that the entire risk
- as to quality, use and performance of the Software
- and any accompanying materials remains with
- Licensee.
-
- 4.NO LIABILITY FOR CONSEQUENTIAL
- DAMAGES. TO THE MAXIMUM EXTENT
- PERMITTED BY APPLICABLE LAW, IN NO
- EVENT SHALL NVIDIA OR ITS LICENSORS BE
- LIABLE FOR ANY DAMAGES WHATSOEVER
- (INCLUDING, WITHOUT LIMITATION,
- DAMAGES FOR LOSS OF BUSINESS PROFITS,
- BUSINESS INTERRUPTION, LOSS OF BUSINESS
- INFORMATION, OR OTHER PECUNIARY LOSS)
- ARISING OUT OF THE USE OF OR INABILITY
- TO USE THE SOFTWARE, EVEN IF NVIDIA HAS
- BEEN ADVISED OF THE POSSIBILITY OF SUCH
- DAMAGES. Because some states/jurisdictions do
- not allow the exclusion or limitation of liability for
- consequential or incidental damages, the above
- limitation may not apply to Licensee.
-
- 5.TERMINATION. This Agreement is effective until
- terminated. NVIDIA may terminate this Agreement in
- writing at any time with or without cause. This
- Agreement will terminate upon Licensee's failure to
- comply with its terms. In addition, Licensee may
- terminate this Agreement at any time. Upon
- termination, Licensee must destroy all copies of the
- Software and any accompanying materials in
- Licensee's possession or control.
-
- 6.EXPORT. Application software, including technical
- data, is subject to US export control laws, including
- the US Export Administration Act and its associated
- regulations, and additionally may be subject to export
- or import regulations in other countries. Licensee
- agrees to comply strictly with all such regulations,
- acknowledges that it has the responsibility to obtain
- licenses to export, re-export, or import Software, and
- shall indemnify, hold harmless, and defend NVIDIA from
- and against all loss, cost, damage or expense from
- any claims or suits, including attorney's fees, which
- arise or result from Licensee's failure to so comply.
- The foregoing obligation and indemnity shall survive
- termination of this Agreement.
-
- 7.GOVERNING LAW. This Agreement is made under,
- shall be governed by and construed in accordance
- with the laws of the State of California, US,
- excluding its choice of law provisions.
-
- 8.MISCELLANEOUS. The headings and captions in
- this Agreement are used for convenience only and
- are not to be considered in construing or interpreting
- this Agreement. This Agreement is made between
- Licensee and NVIDIA, and not for the benefit of any
- third parties. Any provisions of this Agreement held,
- in any jurisdiction, to be in violation of applicable law,
- void, or unenforceable are waived to the extent
- necessary for this Agreement to be otherwise
- enforceable in such jurisdiction. This Agreement is
- the entire agreement between Licensee and NVIDIA
- relating in any way to the Software, and supersedes
- any proposal or prior agreement, oral or written, and
- any other communication relating to the Software.
-
-