1150000Sobrien$FreeBSD: releng/10.2/sys/contrib/dev/nve/amd64/nvenetlib.README 230135 2012-01-15 13:23:54Z uqs $ 2150000Sobrien 3150000SobrienThe installation and use of this software is subject to the following license terms and conditions: 4150000Sobrien 5150000SobrienLicense For Customer Use of NVIDIA Software 6150000Sobrien 7230135SuqsIMPORTANT NOTICE -- READ CAREFULLY: This License For Customer Use of NVIDIA Software ("LICENSE") is the agreement which governs use of the software of NVIDIA Corporation and its subsidiaries ("NVIDIA") enclosed herewith, including computer software and associated printed materials ("SOFTWARE"). By downloading, installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, do not download, install or use the SOFTWARE. 8150000Sobrien 9150000SobrienRECITALS 10150000SobrienUse of NVIDIA's products requires three elements: the SOFTWARE, the hardware on a computer motherboard, and a personal computer. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is not sold, and instead is only licensed for use, strictly in accordance with this document. The hardware is protected by various patents, and is sold, but this agreement does not cover that sale, since it may not necessarily be sold as a package with the SOFTWARE. This agreement sets forth the terms and conditions of the SOFTWARE LICENSE only. 11150000Sobrien 12150000Sobrien1. DEFINITIONS 13150000Sobrien 14150000Sobrien1.1 Customer. Customer means the entity or individual that installs or uses the SOFTWARE. 15150000Sobrien 16150000Sobrien2. GRANT OF LICENSE 17150000Sobrien 18150000Sobrien2.1 Rights and Limitations of Grant. NVIDIA hereby grants Customer the following non-exclusive, non-transferable right to use the SOFTWARE, with the following limitations: 19150000Sobrien 20150000Sobrien2.1.1 Rights. Customer may install and use one copy of the SOFTWARE on a single computer, and except for making one back-up copy of the Software, may not otherwise copy the SOFTWARE. This LICENSE of SOFTWARE may not be shared or used concurrently on different computers. 21150000Sobrien 22150000Sobrien2.1.2 Linux/FreeBSD Exception. Notwithstanding the foregoing terms of Section 2.1.1, SOFTWARE designed exclusively for use on the Linux operating system may be copied and redistributed, provided that the binary files thereof are not modified in any way (except for uncompressing/compressing files). SOFTWARE designed exclusively for use on the Linux Operating system but which has been authorized by NVIDIA for use on the FreeBSD Operating System may also be copied and redistributed, provided that the binary files thereof are not modified in any way (except for unzipping of compressed files). 23150000Sobrien 24150000Sobrien2.1.3 Limitations. 25150000Sobrien 26150000SobrienNo Reverse Engineering. Customer may not reverse engineer, decompile, or disassemble the SOFTWARE, nor attempt in any other manner to obtain the source code. 27150000Sobrien 28150000SobrienNo Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer, nor otherwise used separately from the other parts. 29150000Sobrien 30150000SobrienNo Rental. Customer may not rent or lease the SOFTWARE to someone else. 31150000Sobrien 32150000Sobrien3. TERMINATION 33150000Sobrien 34150000SobrienThis LICENSE will automatically terminate if Customer fails to comply with any of the terms and conditions hereof. In such event, Customer must destroy all copies of the SOFTWARE and all of its component parts. 35150000Sobrien 36150000Sobrien4. COPYRIGHT 37150000Sobrien 38150000SobrienAll title and copyrights in and to the SOFTWARE (including but not limited to all images, photographs, animations, video, audio, music, text, and other information incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by NVIDIA, or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Accordingly, Customer is required to treat the SOFTWARE like any other copyrighted material, except as otherwise allowed pursuant to this LICENSE and that it may make one copy of the SOFTWARE solely for backup or archive purposes. 39150000Sobrien 40150000Sobrien5. APPLICABLE LAW 41150000Sobrien 42150000SobrienThis agreement shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of California. 43150000Sobrien 44150000Sobrien6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY 45150000Sobrien 46150000Sobrien6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 47150000Sobrien 48150000Sobrien6.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 49150000Sobrien 50150000Sobrien7. MISCELLANEOUS 51150000Sobrien 52150000SobrienThe United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. If any provision of this LICENSE is inconsistent with, or cannot be fully enforced under, the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This agreement is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. Customer agrees that it will not ship, transfer or export the SOFTWARE into any country, or use the SOFTWARE in any manner, prohibited by the United States Bureau of Export Administration or any export laws, restrictions or regulations. This LICENSE may only be modified in writing signed by an authorized officer of NVIDIA. 53