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licenses.txt
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@@ -412,15 +412,6 @@ the following restrictions:
misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
layeredfs
-------------------------------------------
Treat the license for this code as though it were the Apache-2.0 license,
WITH THE FOLLOWING MODIFICATIONS:
If you integrate LayeredFS into your launcher of choice, you MUST NOT modify the
existing commandline argument names.
If you add any commandline arguments, they MUST begin with `--layered-`.
I'm sure this lax wording is not legally binding, but please don't be an asshole.
MinHook (MIT)
-------------------------------------------
Copyright (C) 2009-2017 Tsuda Kageyu.
@@ -540,36 +531,6 @@ HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABI
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
openvr (3-clause BSD)
-------------------------------------------
Copyright (c) 2015, Valve Corporation
All rights reserved.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation and/or
other materials provided with the distribution.
3. Neither the name of the copyright holder nor the names of its contributors
may be used to endorse or promote products derived from this software without
specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
toojpeg (zlib)
-------------------------------------------
zlib License
@@ -590,50 +551,6 @@ the following restrictions:
misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
lua (MIT)
-------------------------------------------
Copyright (C) 1994-2021 Lua.org, PUC-Rio.
Permission is hereby granted, free of charge, to any person obtaining
a copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so, subject to
the following conditions:
The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY
CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
LuaBridge3 (MIT)
-------------------------------------------
Permission is hereby granted, free of charge, to any person obtaining
a copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so, subject to
the following conditions:
The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY
CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
robin_hood.h (MIT)
-------------------------------------------
Copyright (c) 2018-2019 Martin Ankerl
@@ -752,6 +669,668 @@ DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM
OTHER DEALINGS IN THE FONT SOFTWARE.
NVAPI
-------------------------------------------
SOFTWARE DEVELOPER KITS, SAMPLES AND TOOLS LICENSE AGREEMENT
This Software Developer Kits, Samples and Tools License Agreement ("Agreement”)
is a legal agreement between you and NVIDIA Corporation (“NVIDIA”) and governs
the use of the following NVIDIA deliverables to the extent provided to you under
this Agreement: API’s, sample source code, header files, binary software and/or
documentation (collectively, "Licensed Software"). This Agreement can be
accepted only by an adult of legal age of majority in the country in which the
Licensed Software is used. If you are under the legal age of majority, you must
ask your parent or legal guardian to consent to this Agreement. If you are
entering this Agreement on behalf of a company or other legal entity, you
represent that you have legal authority and “you” will mean the entity you
represent. If you don’t have such authority, or if you don’t accept all the
terms and conditions of this Agreement, then NVIDIA is unwilling to license the
Licensed Software to you, and you may not download, install, copy or use it. By
using the Licensed Software, you affirm that you have reached the legal age of
majority, you accept the terms of this Agreement, and you take legal and
financial responsibility for the actions of your permitted users.
You agree that use of the Licensed Materials only for purposes that are
permitted by (a) this Agreement, and (b) any applicable law, regulation or
generally accepted practices or guidelines in the relevant jurisdiction.
1. LICENSE.
1.1 License Grant. Subject to the terms of this Agreement, NVIDIA hereby
grants you a nonexclusive, non-transferable, worldwide, revocable, limited,
royalty-free, fully paid-up license to during the term of this Agreement: (i)
install, use and reproduce the software delivered by NVIDIA, make modifications
and create derivative works of sample source code software delivered by NVIDIA
and use documentation delivered by NVIDIA, provided that the software is
executed only in supported NVIDIA GPU hardware products (as specified in the
accompanying documentation, such as release notes) that you separately obtain
from NVIDIA or its affiliates, all to develop, test and service your products
(each, a “Customer Product”) that are interoperable with supported NVIDIA GPU
hardware products; and
(ii) sub-license and distribute in binary format the API library software and
header files as delivered by NVIDIA and sample source code as delivered by
NVIDIA or as modified by you, all as incorporated into a Customer Product for
use by your recipients only in the supported NVIDIA GPU hardware products
separately obtained, provided that: (a) all such distributions by you or your
distribution channels are consistent with the terms of this Agreement; and (b)
you must enter into enforceable agreements with your recipients that binds them
to terms that are consistent with the terms set forth in this Agreement for
their use of the software binaries, including (without limitation) terms
relating to the license grant and license restrictions, confidentiality and
protection of NVIDIA’s intellectual property rights in and to the software you
distributed. You are liable for the distribution and the use of distributed
software if you failed to comply or enforce the distribution requirements of
this Agreement. You agree to notify NVIDIA in writing of any known or suspected
use or distribution of the Licensed Software that are not in compliance with the
terms of this Agreement.
1.2 Enterprise and Contractor Usage. Under this Agreement you may allow (i)
your Enterprise employees, and (ii) individuals who work primarily for your
Enterprise on a contractor basis and from your secure network (each a
"Contractor") to access and use the Licensed Software pursuant to the terms in
Section 1 solely to perform work on your behalf, provided further that with
respect to Contractors: (i) you obtain a written agreement from the Contractor
which contains terms and obligations with respect to access to or use of
Licensed Software no less protective of NVIDIA than those set forth in this
Agreement, and (ii) such Contractor’s access and use expressly excludes any
sublicensing or distribution rights for the Licensed Software. You are
responsible for the compliance with the terms and conditions of this Agreement
by your Enterprise and Contractors. Any act or omission that if committed by you
would constitute a breach of this Agreement shall be deemed to constitute a
breach of this Agreement if committed by your Enterprise or Contractors.
“Enterprise” means you or any company or legal entity for which you accepted the
terms of this Agreement, and their subsidiaries of which your company or legal
entity owns more than fifty percent (50%) of the issued and outstanding equity.
1.3 No Support. NVIDIA is under no obligation to provide support for the
Licensed Software or to provide any error corrections or updates to the Licensed
Software under this Agreement.
2. LIMITATIONS.
2.1 License Restrictions. Except as expressly authorized in this Agreement,
you agree that you will not (nor allow third parties to): (i) copy and use
software that was licensed to you for use in one or more devices in other
unlicensed devices (provided that copies solely for backup purposes are
allowed); (ii) reverse engineer, decompile, disassemble (except to the extent
applicable laws specifically requires that such activities be permitted) or
attempt to derive the source code, underlying ideas, algorithm or structure of
software provided to you in object code form; (iii) sell, transfer, assign,
distribute, rent, loan, lease, sublicense or otherwise make available the
Licensed Software or its functionality to third parties (a) as an application
services provider or service bureau, (b) by operating hosted/virtual system
environments, (c) by hosting, time sharing or providing any other type of
services, or (d) otherwise by means of the internet; (iv) modify, translate or
otherwise create any modifications or derivative works of any of the Licensed
Software; (v) remove, alter, cover or obscure any proprietary notice that
appears on or with the Licensed Software or any copies thereof; (vi) use the
Licensed Software, or allow its use, transfer, transmission or export in
violation of any export control laws or regulations administered by the United
States government; (vii) distribute, permit access to, or sublicense the
Licensed Software as a stand-alone product; (viii) bypass, disable, circumvent
or remove any form of copy protection, encryption, security or digital rights
management or authentication mechanism used by NVIDIA in connection with the
Licensed Software, or use the Licensed Software together with any authorization
code, serial number, or other copy protection device not supplied by NVIDIA
directly or through an authorized reseller; (ix) use the Licensed Software for
the purpose of developing competing products or technologies or assisting a
third party in such activities; (x) disclose the results of any benchmarking or
other competitive analysis relating to the Licensed Software without the prior
written permission from NVIDIA; (xi) distribute any modification you make to
software under or by reference to the same name as used by NVIDIA; (xii) use the
Licensed Software in any manner that would cause the Licensed Software to become
subject to an Open Source License. Nothing in this Agreement shall be construed
to give you a right to use, or otherwise obtain access to, any source code from
which the software or any portion thereof is compiled or interpreted. “Open
Source License” includes, without limitation, a software license that requires
as a condition of use, modification, and/or distribution of such software that
the software be (x) disclosed or distributed in source code form; (y) be
licensed for the purpose of making derivative works; or (z) be redistributable
at no charge.
2.2 Third Party License Obligations. You acknowledge and agree that the
Licensed Software may include or incorporate third party technology
(collectively “Third Party Components”), which is provided for use in or with
the software and not otherwise used separately. If the Licensed Software
includes or incorporates Third Party Components, then the third-party
pass-through terms and conditions (“Third Party Terms”) for the particular Third
Party Component will be bundled with the software or otherwise made available
online as indicated by NVIDIA and will be incorporated by reference into this
Agreement. In the event of any conflict between the terms in this Agreement and
the Third Party Terms, the Third Party Terms shall govern. Copyright to Third
Party Components are held by the copyright holders indicated in the copyright
notices indicated in the Third Party Terms.
Audio/Video Encoders and Decoders. 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 Components and content
relating to audio and/or video encoders and decoders from, including but not
limited to, Microsoft, Thomson, Fraunhofer IIS, Sisvel S.p.A., MPEG-LA, and
Coding Technologies as NVIDIA does not grant to you under this Agreement any
necessary patent rights with respect to audio and/or video encoders and
decoders.
2.3 Limited Rights. Your rights in the Licensed Software are limited to those
expressly granted in Section 1 and no other licenses are granted whether by
implication, estoppel or otherwise. NVIDIA reserves all other rights, title and
interest in and to the Licensed Software not expressly granted to you under this
Agreement.
3. CONFIDENTIALITY. Each party will not use the other party’s Confidential
Information, except as necessary for the performance of this Agreement, and will
not disclose such Confidential Information to any third party, except to NVIDIA
personnel, you, your Enterprise and your Enterprise Contractors that have a need
to know such Confidential Information for the performance of this Agreement,
provided that each such personnel, employee and Contractor is subject to a
written agreement that includes confidentiality obligations consistent with
those set forth herein. Each party will use all reasonable efforts to maintain
the confidentiality of all of the other party’s Confidential Information in its
possession or control, but in no event less than the efforts that it ordinarily
uses with respect to its own Confidential Information of similar nature and
importance. The foregoing obligations will not restrict either party from
disclosing the other party’s Confidential Information or the terms and
conditions of this Agreement as required under applicable securities regulations
or pursuant to the order or requirement of a court, administrative agency, or
other governmental body, provided that the party required to make such a
disclosure (i) gives reasonable notice to the other party to enable it to
contest such order or requirement prior to its disclosure (whether through
protective orders or otherwise), (ii) uses reasonable effort to obtain
confidential treatment or similar protection to the fullest extent possible to
avoid public disclosure, and (iii) discloses only the minimum amount of
information necessary to comply with such requirements.
“Confidential Information” means the Licensed Software (unless made publicly
available by NVIDIA without confidentiality obligations), and any NVIDIA
business, marketing, pricing, research and development, know-how, technical,
scientific, financial status, proposed new products or other information
disclosed by NVIDIA to you which, at the time of disclosure, is designated in
writing as confidential or proprietary (or like written designation), or orally
identified as confidential or proprietary or is otherwise reasonably
identifiable by parties exercising reasonable business judgment as confidential.
Confidential Information does not and will not include information that: (i) is
or becomes generally known to the public through no fault of or breach of this
Agreement by the receiving party; (ii) is rightfully known by the receiving
party at the time of disclosure without an obligation of confidentiality; (iii)
is independently developed by the receiving party without use of the disclosing
party’s Confidential Information; or (iv) is rightfully obtained by the
receiving party from a third party without restriction on use or disclosure.
4. OWNERSHIP AND FEEDBACK.
4.1 Ownership of Licensed Software. The Licensed Software, and the respective
intellectual property rights therein, is and will remain the sole and exclusive
property of NVIDIA and its licensors, whether the Licensed Software is separate
from or combined with any other products or materials. You shall not knowingly
engage in any act or omission that would impair NVIDIA’s and/or its licensors’
intellectual property rights in the Licensed Software or any other materials,
information, processes or subject matter proprietary to NVIDIA. NVIDIA’s
licensors are intended third party beneficiaries with the right to enforce
provisions of this Agreement with respect to their Confidential Information
and/or intellectual property rights.
4.2 Modifications. You hold all rights, title and interest in and to the
modifications to and derivative works of the NVIDIA sample source code software
that you create as permitted hereunder, subject to NVIDIA’s underlying
intellectual property rights in and to the NVIDIA software; provided, however
that you grant NVIDIA and its affiliates an irrevocable, perpetual,
nonexclusive, worldwide, royalty-free paid-up license to make, have made, use,
have used, reproduce, sell, license, distribute, sublicense, transfer and
otherwise commercialize modifications and derivative works including (without
limitation) with the Licensed Software or other NVIDIA products, technologies or
materials.
4.3 Feedback. You have no obligation to provide Feedback to NVIDIA. However,
NVIDIA and its affiliates may use and include any Feedback that you provide to
improve the Licensed Software or other NVIDIA products, technologies or
materials. Accordingly, if you provide Feedback, you agree that NVIDIA and its
affiliates may at their option, and may permit its licensees, to make, have
made, use, have used, reproduce, sell, license, distribute, sublicense, transfer
and otherwise commercialize the Feedback in the Licensed Software or in other
products, technologies or materials without the payment of any royalties or fees
to you. All Feedback becomes the sole property of NVIDIA and may be used in any
manner NVIDIA sees fit, and you hereby assign to NVIDIA all of your right, title
and interest in and to any Feedback. NVIDIA has no obligation to respond to
Feedback or to incorporate Feedback into the Licensed Software. “Feedback” means
any and all suggestions, feature requests, comments or other feedback relating
to the Licensed Software, including possible enhancements or modifications
thereto.
5. NO WARRANTIES. THE LICENSED SOFTWARE IS PROVIDED BY NVIDIA “AS IS” AND “WITH
ALL FAULTS,” AND NVIDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND OR
NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO,
ANY WARRANTIES OF OPERABILITY, CONDITION, VALUE, ACCURACY OF DATA, OR QUALITY,
AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP,
SUITABILITY, NON-INGRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR THE ABSENCE
OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE BY NVIDIA
ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. NVIDIA DOES
NOT WARRANT THAT THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE
OPERATION THEREOF WILL BE UNINTERRUPTED OR ERRORFREE, OR THAT ALL ERRORS WILL BE
CORRECTED. YOU ACKNOWLEDGE THAT NVIDIA’S OBLIGATIONS UNDER THIS AGREEMENT ARE
FOR THE BENEFIT OF YOU ONLY. Nothing in this warranty section affects any
statutory rights of consumers or other customers to the extent that they cannot
be waived or limited by contract.
6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW NVIDIA SHALL
NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
(SUCH AS, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF
GOODWILL), OR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE LICENSED
SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT WILL NVIDIA’S
TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED THE
GREATER OF THE NET AMOUNT NVIDIA RECEIVED FOR YOUR USE OF THE LICENSED SOFTWARE
ONE HUNDRED U.S. DOLLARS (US $100). THE NATURE OF THE LIABILITY, THE NUMBER OF
CLAIMS OR SUITS OR THE NUMBER OF PARTIES WITHIN YOUR ENTERPRISE THAT ACCEPTED
THE TERMS OF THIS AGREEMENT SHALL NOT ENLARGE OR EXTEND THIS LIMIT. THE
FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER NVIDIA OR ITS LICENSORS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER
ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
7. TERM AND TERMINATION. This Agreement and your licenses hereunder shall become
effective upon the Effective Date and shall remain in effect unless and until
terminated as follows: (i) automatically if you breach any of the terms of this
Agreement; or (ii) by either party upon written notice if the other party
becomes the subject of a voluntary or involuntary petition in bankruptcy or any
proceeding relating to insolvency, receivership, liquidation or composition for
the benefit of creditors, if that petition or proceeding is not dismissed with
prejudice within sixty (60) days after filing, or if a party ceases to do
business; (iii) by you, upon ceasing to use the Licensed Software provided under
this Agreement; or (iv) by NVIDIA upon written notice if you commence or
participate in any legal proceeding against NVIDIA, with respect to the Licensed
Software that is the subject of the proceeding during the pendency of such legal
proceeding. Termination of this Agreement shall not release the parties from any
liability which, at the time of termination, has already accrued or which
thereafter may accrue with respect to any act or omission before termination, or
from any obligation which is expressly stated in this Agreement to survive
termination. Notwithstanding the foregoing, the party terminating this Agreement
shall incur no additional liability merely by virtue of such termination.
Termination of this Agreement regardless of cause or nature shall be without
prejudice to any other rights or remedies of the parties and shall be without
liability for any loss or damage occasioned thereby. Upon any expiration or
termination of this Agreement (i) you must promptly discontinue use of the
Licensed Software, and (ii) you must promptly destroy or return to NVIDIA all
copies of the Licensed Software and all portions thereof in your possession or
control, and each party will promptly destroy or return to the other all of the
other party’s Confidential Information within its possession or control,
provided that your prior distributions in accordance with this Agreement are not
affected by the expiration or termination of this Agreement. Upon written
request, you will certify in writing that you have complied with your
obligations under this section. Sections 2 through 8 will survive the expiration
or termination of this Agreement for any reason.
8. MISCELLANEOUS.
8.1 NVIDIA Entities. NVIDIA Corporation and its subsidiaries, including, but
not limited to, NVIDIA Singapore Pte Ltd., have agreed to their respective
rights and obligations regarding the distribution of the Licensed Software and
the performance of obligations related to the Licensed Software. Ordering and
delivery shall be with the NVIDIA entity with distribution rights for the
geographic region in which the Licensed Software will be used, as communicated
by NVIDIA to you.
8.2 Audit. During the term of this Agreement and for a period of three (3)
years thereafter, you will maintain complete and accurate books and records
regarding use of the Licensed Software and your performance and administration
of this Agreement. During such period and upon written notice to you, NVIDIA or
its authorized third party auditors subject to confidentiality obligations will
have the right to inspect and audit your Enterprise books and records for the
purpose of confirming your compliance with the terms of this Agreement. Any such
inspection and audit will be conducted during regular business hours, in a
manner that minimizes interference with your normal business activities, and no
more frequent than annually unless non-compliance was previously found. If such
an inspection and audit reveals an underpayment of any amounts payable to
NVIDIA, then you will promptly remit the full amount of such underpayment to
NVIDIA, including interest that will accrue (without the requirement of a
notice) at the lower of 1.5% per month or the highest rate permissible by law.
If the underpaid amount exceeds five percent (5%) of the amounts payable to
NVIDIA for the period audited and/or such an inspection and audit reveals a
material non-conformance with the terms of this Agreement, then you will also
pay NVIDIA’s reasonable costs of conducting the inspection and audit. Further,
you agree that the party delivering the Licensed Software to you may collect and
disclose to NVIDIA (subject to confidentiality obligations) information for
NVIDIA to verify your compliance with the terms of this Agreement including
(without limitation) information regarding your usage of the Licensed Software.
8.3 Trademarks. You are granted no rights to use any of NVIDIA's trademarks
under this Agreement. NVIDIA's trademarks include company names, product or
service names, marks, logos, designs and trade dress. You may not remove, alter,
or add to any of NVIDIA's trademarks that appear in or as part of the Licensed
Software.
8.4 Indemnity. 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 you and your Enterprise, and their
respective employees, contractors, agents, officers and directors: (i) use of a
Licensed Software with any system or application where the use or failure of
such system or application can reasonably be expected to threaten or result in
personal injury, death, or catastrophic loss including, for example, use in
connection with any nuclear, avionics, navigation, military, medical, life
support or other life critical application; (ii) violation of any third party
right, including without limitation any right of privacy or intellectual
property rights; (iii) failure to comply with any applicable export and import
laws, rules or regulations; or (iv) negligence or willful misconduct.
8.5 Injunctive Relief. The parties agree that a breach of any of the promises
or agreements contained in this Agreement may result in irreparable and
continuing injury for which monetary damages would not be an adequate remedy and
therefore the parties are entitled to seek injunctive relief as well as such
other and further relief as may be appropriate.
8.6 Waiver. The failure by either party to enforce its rights under this
Agreement at any time for any period will not constitute a waiver of future
enforcement of that right or any other right. Any waiver will be effective only
if in writing and signed by duly authorized representatives of each party.
8.7 Severability. If for any reason a court of competent jurisdiction finds
any provision of this Agreement invalid or unenforceable, that provision of this
Agreement will be enforced to the maximum extent permissible so as to effect the
intent of the parties, and the other provisions of this Agreement will remain in
full force and effect.
8.8 U.S. Government Legend. You agree and certify that you will comply with
all laws, regulations, rules, and other requirements applicable to
transaction(s) with any government(s) occurring pursuant to this Agreement and
all related matters. The Licensed Software has been developed entirely at
private expense and is “commercial items” consisting of “commercial software”
and “commercial software documentation” provided with RESTRICTED RIGHTS. Use,
duplication or disclosure by the U.S. Government or a U.S. Government
subcontractor is subject to the restrictions set forth in this Agreement under
which Licensed Software was obtained pursuant to DFARS 227.7202-3(a) or as set
forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software -
Restricted Rights clause at FAR 52.227-19, as applicable.
Contractor/manufacturer is NVIDIA, 2701 San Tomas Expressway, Santa Clara, CA
95050.
8.9 Force Majeure. Neither party will be responsible for any failure or delay
in its performance under this Agreement to the extent due to causes beyond its
reasonable control, including, but not limited to, acts of God, fire, flood,
war, earthquake, environmental conditions, governmental action, acts of civil or
military authority, riots, wars, sabotage, strikes, compliance with laws or
regulations, strikes, lockouts or other serious labor disputes, or shortage of
or inability to obtain material or equipment for so long as such event of force
majeure continues in effect.
8.10 Export Control. You acknowledge that the Licensed Software, technology and
related documentation described under this Agreement are subject to the U.S.
Export Administration Regulations (EAR) and economic sanctions regulations
administered by the U.S. Department of Treasury’s Office of Foreign Assets
Control (OFAC). You agree to comply with the EAR and OFAC regulations and all
applicable international and national export and import laws. You agree not to
export or re-export the Licensed Software, technology and related documentation
to any destination requiring an export license or other approval under the EAR
or OFAC regulations otherwise without first obtaining such export license or
approval and NVIDIA’s permission. You will not, without prior governmental
authorization, export or re-export NVIDIA Licensed Software, technology and
related documentation, directly or indirectly, (i) to any end-user whom you know
or have reason to know will utilize them in the design, development or
production of nuclear, chemical or biological weapons, or rocket systems, space
launch vehicles, and sounding rockets, or unmanned air vehicle systems; (ii) to
any end-user who has been prohibited from participating in U.S. export
transactions by any federal agency of the U.S. government; or (iii) to any
countries that are subject to U.S. export restrictions (currently including, but
not necessarily limited to, Cuba, Iran, North Korea, Sudan, and Syria and the
Region of Crimea).
8.11 General. This Agreement constitutes the entire agreement of the parties
with respect to the subject matter hereto and supersede all prior negotiations,
conversations, or discussions between the parties relating to the subject matter
hereto, oral or written, and all past dealing or industry custom. Any notice
delivered by NVIDIA to you under this Agreement will be delivered via mail,
email or fax. Any additional and/or conflicting terms and conditions on purchase
order(s) or any other documents issued by you are null, void, and invalid. This
Agreement and the rights and obligations hereunder may not be assigned by you,
in whole or in part, including by merger, consolidation, dissolution, operation
of law, or any other manner, without written consent of NVIDIA, and any
purported assignment in violation of this provision shall be void and of no
effect. Each party acknowledges and agrees that the other is an independent
contractor in the performance of this Agreement, and each is solely responsible
for all of its employees, agents, contractors, and labor costs and expenses
arising in connection therewith. This Agreement will be governed by and
construed under the laws of the State of Delaware and the United States without
regard to the conflicts of law provisions thereof and without regard to the
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stepmaniax-sdk (MIT)
-------------------------------------------
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Contributions
-------------------------------------------
cardio - Felix - MIT License