TWI Crystal

END USER LICENSE AGREEMENTS FOR TWI CRYSTAL AND ALL ASSOCIATED SOFTWARE PACKAGES

End-User License Agreement for TWI Crystal

TWI software is supplied exclusively under the terms of the licence agreement contained within the software to the exclusion of all terms contained in any purchaser-supplied order documentation.

This End-User License Agreement (EULA) is a legal agreement between you (either an individual or an entity) and TWI Limited (Company registration No. 3859442), whose registered office is at Bevan Braithwaite Building, Granta Park, Great Abington, Cambridge, England CB21 6AL, UK (hereinafter “TWI”) for the software product identified above, which includes computer software, associated media, printed materials and electronic documentation.

IMPORTANT NOTICE

By using this software, you are acknowledging a clear understanding and agreement to the terms of this licence. TWI software is supplied exclusively under the terms of this licence agreement, to the exclusion of all terms contained in any purchaser-supplied order documentation. If you do not agree to these terms do not input the unlock code enabling access to the full version of the software, or continue to use the software if activated by other means.

Several items (third party and open source software) making up SOFTWARE are subject to separate licences. Some of these licence provisions may override the terms of this Agreement in relation to those specific components only, and only to such extent as a conflict exists. A list of relevant items and these licences are made available at: ‘https://www.twisoftware.com/software/non-destructive-testing-software/twi-crystal/software-agreements/’. If applicable under the relevant item licence, TWI will furnish the source code of third party or open source items contained in Crystal upon written request and subject to THE LICENSEE’s payment of relevant shipping and handling charges.

1. GRANT OF LICENSE. This EULA grants you a single non-exclusive, non-transferable licence to use the software anywhere in the world for commercial, personal or educational use with the following limitations:

a. TWI Crystal is licensed as a single product. Its component parts may not be separated for use on more than one computer.

b. You agree that you will not disassemble, decompile, reverse engineer, modify, create derivative works based upon, merge or combine TWI Crystal with any other software or attempt to access/use portions of the program code for which you do not have a licence from TWI.

c. TWI retains ownership of the product (excluding the third party components listed below) and TWI agrees to license you to use it. You will not remove TWI’s proprietary rights notices from any copies of the software.

d. You are not permitted to allow the use of the software by any third party by way of rental transfer, sale, assignment or otherwise.

2. WARRANTY. The software and any related media or documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the software product remains with you.

3. INDEMNITY. If the software or the combination of the software with any specific hardware or use thereof is found to violate any patent, trade mark, other intellectual property right, national or international law, TWI accepts no responsibility. The entire risk arising out of use or performance of the software remains with you.

4. LIABILITY. In no event shall TWI be liable for any special, consequential, incidental or indirect 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 this product. In no circumstances will TWI be liable for any damages in excess of the amount TWI received for a licence for this software, even if TWI shall have been informed of the possibility of such damages, or any claim by any other party.

5. COPYRIGHT. All title and copyright in and to the software product (including but not limited to any images, photographs, libraries, and examples incorporated into TWI Crystal, but excluding the third party components listed below), the accompanying printed materials, and any copies of the software are owned by TWI. TWI Crystal is protected by copyright laws and international treaty provisions. Therefore, you must treat the software like any other copyrighted material.

6. THIRD PARTY SOFTWARE. This software makes use of and is distributed with several third party open source components. These are subject to separate licensing terms, provided below. If applicable under the relevant item licence, TWI will furnish the source code of third party or open source items contained in this software upon written request and subject to payment of relevant shipping and handling charges.

7. SOFTWARE SUPPORT. All requests for software support should be directed to crystal@twi.co.uk

8. TERMINATION. Without prejudice to any other rights, TWI may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the software and all of its component parts. TWI reserves the right to terminate this EULA if you download, install or use unauthorised copies of this software or copies of the software that have not been validly licensed.

9. DURATION. This EULA is effective on the date that you install this software for the period as specified to you by TWI, unless terminated earlier according to the provisions herein. Any attempt to technically circumvent or extend the licence beyond the period specified by TWI will be considered a breach of the terms of this EULA.

10. GOVERNING LAW. This Agreement shall be governed by and construed in all respects in accordance with the Laws of England. All disputes arising in any way out of or affecting this Agreement shall be subject to the exclusive jurisdiction of the English courts to which the Parties hereby agree to submit.

Oracle No-Fee Terms and Conditions (NFTC)

Your use of this Program is governed by the No-Fee Terms and Conditions set forth below, unless you have received this Program (alone or as part of another Oracle product) under an Oracle license agreement (including but not limited to the Oracle Master Agreement), in which case your use of this Program is governed solely by such license agreement with Oracle.

Definitions

"Oracle" refers to Oracle America, Inc. "You" and "Your" refers to (a) a company or organization (each an "Entity") accessing the Programs, if use of the Programs will be on behalf of such Entity; or (b) an individual accessing the Programs, if use of the Programs will not be on behalf of an Entity. "Program(s)" refers to Oracle software provided by Oracle pursuant to the following terms and any updates, error corrections, and/or Program Documentation provided by Oracle. "Program Documentation" refers to Program user manuals and Program installation manuals, if any. If available, Program Documentation may be delivered with the Programs and/or may be accessed from www.oracle.com/documentation. "Separate Terms" refers to separate license terms that are specified in the Program Documentation, readmes or notice files and that apply to Separately Licensed Technology. "Separately Licensed Technology" refers to Oracle or third party technology that is licensed under Separate Terms and not under the terms of this license.

Separately Licensed Technology

Oracle may provide certain notices to You in Program Documentation, readmes or notice files in connection with Oracle or third party technology provided as or with the Programs. If specified in the Program Documentation, readmes or notice files, such technology will be licensed to You under Separate Terms. Your rights to use Separately Licensed Technology under Separate Terms are not restricted in any way by the terms herein. For clarity, notwithstanding the existence of a notice, third party technology that is not Separately Licensed Technology shall be deemed part of the Programs licensed to You under the terms of this license.

Source Code for Open Source Software

For software that You receive from Oracle in binary form that is licensed under an open source license that gives You the right to receive the source code for that binary, You can obtain a copy of the applicable source code from https://oss.oracle.com/sources/ or http://www.oracle.com/goto/opensourcecode. If the source code for such software was not provided to You with the binary, You can also receive a copy of the source code on physical media by submitting a written request pursuant to the instructions in the "Written Offer for Source Code" section of the latter website.

-------------------------------------------------------------------------------

The following license terms apply to those Programs that are not provided to You under Separate Terms.

License Rights and Restrictions

Oracle grants to You, as a recipient of this Program, subject to the conditions stated herein, a nonexclusive, nontransferable, limited license to:

(a) internally use the unmodified Programs for the purposes of developing, testing, prototyping and demonstrating your applications, and running the Program for Your own personal use or internal business operations; and

(b) redistribute the unmodified Program and Program Documentation, under the terms of this License, provided that You do not charge Your licensees any fees associated with such distribution or use of the Program, including, without limitation, fees for products that include or are bundled with a copy of the Program or for services that involve the use of the distributed Program.

You may make copies of the Programs to the extent reasonably necessary for exercising the license rights granted herein and for backup purposes. You are granted the right to use the Programs to provide third party training in the use of the Programs and associated Separately Licensed Technology only if there is express authorization of such use by Oracle on the Program's download page or in the Program Documentation.

Your license is contingent on compliance with the following conditions:

- You do not remove markings or notices of either Oracle's or a licensor's proprietary rights from the Programs or Program Documentation;

- You comply with all U.S. and applicable export control and economic sanctions laws and regulations that govern Your use of the Programs (including technical data);

- You do not cause or permit reverse engineering, disassembly or decompilation of the Programs (except as allowed by law) by You nor allow an associated party to do so.

For clarity, any source code that may be included in the distribution with the Programs is provided solely for reference purposes and may not be modified, unless such source code is under Separate Terms permitting modification.

Ownership

Oracle or its licensors retain all ownership and intellectual property rights to the Programs.

Information Collection

The Programs' installation and/or auto-update processes, if any, may transmit a limited amount of data to Oracle or its service provider about those processes to help Oracle understand and optimize them. Oracle does not associate the data with personally identifiable information. Refer to Oracle's Privacy Policy at www.oracle.com/privacy.

Disclaimer of Warranties; Limitation of Liability

THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL ORACLE BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Last updated: 12 September 2021

End User License Agreement CUDA

NVIDIA Software License Agreement and CUDA Supplement to Software License Agreement. Last updated: October 8, 2021

The CUDA Toolkit End User License Agreement applies to the NVIDIA CUDA Toolkit, the NVIDIA CUDA Samples, the NVIDIA Display Driver, NVIDIA Nsight tools (Visual Studio Edition), and the associated documentation on CUDA APIs, programming model and development tools. If you do not agree with the terms and conditions of the license agreement, then do not download or use the software.

Last updated: October 8, 2021.

Preface

The Software License Agreement in Chapter 1 and the Supplement in Chapter 2 contain license terms and conditions that govern the use of NVIDIA software. By accepting this agreement, you agree to comply with all the terms and conditions applicable to the product(s) included herein.

NVIDIA Driver

Description

This package contains the operating system driver and fundamental system software components for NVIDIA GPUs.

NVIDIA CUDA Toolkit

Description

The NVIDIA CUDA Toolkit provides command-line and graphical tools for building, debugging and optimizing the performance of applications accelerated by NVIDIA GPUs, runtime and math libraries, and documentation including programming guides, user manuals, and API references.

Default Install Location of CUDA Toolkit

Windows platform:

%ProgramFiles%\NVIDIA GPU Computing Toolkit\CUDA\v#.#

Linux platform:

/usr/local/cuda-#.#

Mac platform:

/Developer/NVIDIA/CUDA-#.#

NVIDIA CUDA Samples

Description

This package includes over 100+ CUDA examples that demonstrate various CUDA programming principles, and efficient CUDA implementation of algorithms in specific application domains.

Default Install Location of CUDA Samples

Windows platform:

%ProgramData%\NVIDIA Corporation\CUDA Samples\v#.#

Linux platform:

/usr/local/cuda-#.#/samples

and

$HOME/NVIDIA_CUDA-#.#_Samples

Mac platform:

/Developer/NVIDIA/CUDA-#.#/samples

NVIDIA Nsight Visual Studio Edition (Windows only)

Description

NVIDIA Nsight Development Platform, Visual Studio Edition is a development environment integrated into Microsoft Visual Studio that provides tools for debugging, profiling, analyzing and optimizing your GPU computing and graphics applications.

Default Install Location of Nsight Visual Studio Edition

Windows platform:

%ProgramFiles(x86)%\NVIDIA Corporation\Nsight Visual Studio Edition #.#

1. License Agreement for NVIDIA Software Development Kits

Important Notice—Read before downloading, installing, copying or using the licensed software:

This license agreement, including exhibits attached ("Agreement”) is a legal agreement between you and NVIDIA Corporation ("NVIDIA") and governs your use of a NVIDIA software development kit (“SDK”).

Each SDK has its own set of software and materials, but here is a description of the types of items that may be included in a SDK: source code, header files, APIs, data sets and assets (examples include images, textures, models, scenes, videos, native API input/output files), binary software, sample code, libraries, utility programs, programming code and documentation.

This Agreement can be accepted only by an adult of legal age of majority in the country in which the SDK is used.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind the entity to this Agreement, in which case “you” will mean the entity you represent.

If you don’t have the required age or authority to accept this Agreement, or if you don’t accept all the terms and conditions of this Agreement, do not download, install or use the SDK.

You agree to use the SDK 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 jurisdictions.

1.1. License

1.1.1. License Grant

Subject to the terms of this Agreement, NVIDIA hereby grants you a non-exclusive, non-transferable license, without the right to sublicense (except as expressly provided in this Agreement) to:

Install and use the SDK,

Modify and create derivative works of sample source code delivered in the SDK, and

Distribute those portions of the SDK that are identified in this Agreement as distributable, as incorporated in object code format into a software application that meets the distribution requirements indicated in this Agreement.

1.1.2. Distribution Requirements

These are the distribution requirements for you to exercise the distribution grant:

Your application must have material additional functionality, beyond the included portions of the SDK.

The distributable portions of the SDK shall only be accessed by your application.

The following notice shall be included in modifications and derivative works of sample source code distributed: “This software contains source code provided by NVIDIA Corporation.”

Unless a developer tool is identified in this Agreement as distributable, it is delivered for your internal use only.

The terms under which you distribute your application must be consistent with the terms of this Agreement, including (without limitation) terms relating to the license grant and license restrictions and protection of NVIDIA’s intellectual property rights. Additionally, you agree that you will protect the privacy, security and legal rights of your application users.

You agree to notify NVIDIA in writing of any known or suspected distribution or use of the SDK not in compliance with the requirements of this Agreement, and to enforce the terms of your agreements with respect to distributed SDK.

1.1.3. Authorized Users

You may allow employees and contractors of your entity or of your subsidiary(ies) to access and use the SDK from your secure network to perform work 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 SDK from your secure network.

You are responsible for the compliance with the terms of this Agreement by your authorized users. If you become aware that your authorized users didn’t follow the terms of this Agreement, you agree to take reasonable steps to resolve the non-compliance and prevent new occurrences.

1.1.4. Pre-Release SDK

The SDK 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, availability, and reliability standards relative to commercial versions of NVIDIA software and materials. Use of a pre-release SDK may result in unexpected results, loss of data, project delays or other unpredictable damage or loss.

You may use a pre-release SDK at your own risk, understanding that pre-release SDKs are not intended for use in production or business-critical systems.

NVIDIA may choose not to make available a commercial version of any pre-release SDK. NVIDIA may also choose to abandon development and terminate the availability of a pre-release SDK at any time without liability.

1.1.5. Updates

NVIDIA may, at its option, make available patches, workarounds or other updates to this SDK. Unless the updates are provided with their separate governing terms, they are deemed part of the SDK licensed to you as provided in this Agreement. You agree that the form and content of the SDK that NVIDIA provides may change without prior notice to you. While NVIDIA generally maintains compatibility between versions, NVIDIA may in some cases make changes that introduce incompatibilities in future versions of the SDK.

1.1.6. Components Under Other Licenses

The SDK may come bundled with, or otherwise include or be distributed with, NVIDIA or third-party components with separate legal notices or terms as may be described in proprietary notices accompanying the SDK. If and to the extent there is a conflict between the terms in this Agreement and the license terms associated with the component, the license terms associated with the components control only to the extent necessary to resolve the conflict.

Subject to the other terms of this Agreement, you may use the SDK to develop and test applications released under Open Source Initiative (OSI) approved open source software licenses.

1.1.7. Reservation of Rights

NVIDIA reserves all rights, title, and interest in and to the SDK, not expressly granted to you under this Agreement.

1.2. Limitations

The following license limitations apply to your use of the SDK:

You may not reverse engineer, decompile or disassemble, or remove copyright or other proprietary notices from any portion of the SDK or copies of the SDK.

Except as expressly provided in this Agreement, you may not copy, sell, rent, sublicense, transfer, distribute, modify, or create derivative works of any portion of the SDK. For clarity, you may not distribute or sublicense the SDK as a stand-alone product.

Unless you have an agreement with NVIDIA for this purpose, you may not indicate that an application created with the SDK is sponsored or endorsed by NVIDIA.

You may not bypass, disable, or circumvent any encryption, security, digital rights management or authentication mechanism in the SDK.

You may not use the SDK in any manner that would cause it to become subject to an open source software license. As examples, licenses that require as a condition of use, modification, and/or distribution that the SDK be:

Disclosed or distributed in source code form;

Licensed for the purpose of making derivative works; or

Redistributable at no charge.

You acknowledge that the SDK as delivered is not tested or certified by NVIDIA for use in connection with the design, construction, maintenance, and/or operation of any system where the use or failure of such system could result in a situation that threatens the safety of human life or results in catastrophic damages (each, a "Critical Application"). Examples of Critical Applications include use in avionics, navigation, autonomous vehicle applications, ai solutions for automotive products, military, medical, life support or other life critical applications. NVIDIA shall not be liable to you or any third party, in whole or in part, for any claims or damages arising from such uses. You are solely responsible for ensuring that any product or service developed with the SDK as a whole includes sufficient features to comply with all applicable legal and regulatory standards and requirements.

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 use the SDK in or for Critical Applications, and for use of the SDK outside of the scope of this Agreement or not in compliance with its terms.

You may not reverse engineer, decompile or disassemble any portion of the output generated using SDK elements for the purpose of translating such output artifacts to target a non-NVIDIA platform.

1.3. Ownership

NVIDIA or its licensors hold all rights, title and interest in and to the SDK and its modifications and derivative works, including their respective intellectual property rights, subject to your rights under Section 1.3.2. This SDK may include software and materials from NVIDIA’s licensors, and these licensors are intended third party beneficiaries that may enforce this Agreement with respect to their intellectual property rights.

You hold all rights, title and interest in and to your applications and your derivative works of the sample source code delivered in the SDK, including their respective intellectual property rights, subject to NVIDIA’s rights under Section 1.3.1.

You may, but don’t have to, provide to NVIDIA suggestions, feature requests or other feedback regarding the SDK, including possible enhancements or modifications to the SDK. For any feedback that you voluntarily provide, you hereby grant NVIDIA and its affiliates a perpetual, non-exclusive, worldwide, irrevocable license to use, reproduce, modify, license, sublicense (through multiple tiers of sublicensees), and distribute (through multiple tiers of distributors) it without the payment of any royalties or fees to you. NVIDIA will use feedback at its choice. NVIDIA is constantly looking for ways to improve its products, so you may send feedback to NVIDIA through the developer portal at https://developer.nvidia.com.

1.4. No Warranties

THE SDK IS PROVIDED BY NVIDIA “AS IS” AND “WITH ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE.

1.5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY 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 SDK, 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 AND ITS AFFILIATES TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED US$10.00. THE NATURE OF THE LIABILITY OR THE NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR EXTEND THIS LIMIT.

These exclusions and limitations of liability shall apply regardless if NVIDIA or its affiliates have been advised of the possibility of such damages, and regardless of whether a remedy fails its essential purpose. These exclusions and limitations of liability form an essential basis of the bargain between the parties, and, absent any of these exclusions or limitations of liability, the provisions of this Agreement, including, without limitation, the economic terms, would be substantially different.

1.6. Termination

This Agreement will continue to apply until terminated by either you or NVIDIA as described below.

If you want to terminate this Agreement, you may do so by stopping to use the SDK.

NVIDIA may, at any time, terminate this Agreement if:

(i) you fail to comply with any term of this Agreement and the non-compliance is not fixed within thirty (30) days following notice from NVIDIA (or immediately if you violate NVIDIA’s intellectual property rights);

(ii) you commence or participate in any legal proceeding against NVIDIA with respect to the SDK; or

(iii) NVIDIA decides to no longer provide the SDK in a country or, in NVIDIA’s sole discretion, the continued use of it is no longer commercially viable.

Upon any termination of this Agreement, you agree to promptly discontinue use of the SDK and destroy all copies in your possession or control. Your prior distributions in accordance with this Agreement are not affected by the termination of this Agreement. Upon written request, you will certify in writing that you have complied with your commitments under this section. Upon any termination of this Agreement all provisions survive except for the license grant provisions.

1.7. General

If you wish to assign this Agreement or your rights and obligations, including by merger, consolidation, dissolution or operation of law, contact NVIDIA to ask for permission. Any attempted assignment not approved by NVIDIA in writing shall be void and of no effect. NVIDIA may assign, delegate or transfer this Agreement and its rights and obligations, and if to a non-affiliate you will be notified.

You agree to cooperate with NVIDIA and provide reasonably requested information to verify your compliance with this Agreement.

This Agreement will be governed in all respects by the laws of the United States and of the State of Delaware as those laws are applied to contracts entered into and performed entirely within Delaware by Delaware residents, without regard to the conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. You agree to all terms of this Agreement in the English language.

The state or federal courts residing in Santa Clara County, California shall have exclusive jurisdiction over any dispute or claim arising out of this Agreement. Notwithstanding this, you agree that NVIDIA shall still be allowed to apply for injunctive remedies or an equivalent type of urgent legal relief in any jurisdiction.

If any court of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law and the remaining provisions will remain in full force and effect. Unless otherwise specified, remedies are cumulative.

Each party acknowledges and agrees that the other is an independent contractor in the performance of this Agreement.

The SDK has been developed entirely at private expense and is “commercial items” consisting of “commercial computer software” and “commercial computer 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 in this Agreement 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, 2788 San Tomas Expressway, Santa Clara, CA 95051.

The SDK is subject to United States export laws and regulations. You agree that you will not ship, transfer or export the SDK into any country, or use the SDK in any manner, prohibited by the United States Bureau of Industry and Security or economic sanctions regulations administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), or any applicable export laws, restrictions or regulations. These laws include restrictions on destinations, end users and end use. By accepting this Agreement, you confirm that you are not a resident or citizen of any country currently embargoed by the U.S. and that you are not otherwise prohibited from receiving the SDK.

Any notice delivered by NVIDIA to you under this Agreement will be delivered via mail, email or fax. You agree that any notices that NVIDIA sends you electronically will satisfy any legal communication requirements. 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.

This Agreement and any exhibits incorporated into this Agreement constitute the entire agreement of the parties with respect to the subject matter of this Agreement and supersede all prior negotiations or documentation exchanged between the parties relating to this SDK license. Any additional and/or conflicting terms on documents issued by you are null, void, and invalid. Any amendment or waiver under this Agreement shall be in writing and signed by representatives of both parties.

2. CUDA Toolkit Supplement to Software License Agreement for NVIDIA Software Development Kits

The terms in this supplement govern your use of the NVIDIA CUDA Toolkit SDK under the terms of your license agreement (“Agreement”) as modified by this supplement. Capitalized terms used but not defined below have the meaning assigned to them in the Agreement.

This supplement is an exhibit to the Agreement and is incorporated as an integral part of the Agreement. In the event of conflict between the terms in this supplement and the terms in the Agreement, the terms in this supplement govern.

2.1. License Scope

The SDK is licensed for you to develop applications only for use in systems with NVIDIA GPUs.

2.2. Distribution

The portions of the SDK that are distributable under the Agreement are listed in Attachment A.

2.3. Operating Systems

Those portions of the SDK designed exclusively for use on the Linux or FreeBSD operating systems, or other operating systems derived from the source code to these operating systems, may be copied and redistributed for use in accordance with this Agreement, provided that the object code files are not modified in any way (except for unzipping of compressed files).

2.4. Audio and 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 software 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. NVIDIA does not grant to you under this Agreement any necessary patent or other rights with respect to any audio and/or video encoders and decoders.

2.5. Licensing

If the distribution terms in this Agreement are not suitable for your organization, or for any questions regarding this Agreement, please contact NVIDIA at nvidia-compute-license-questions@nvidia.com.

2.6. Attachment A

The following CUDA Toolkit files may be distributed with Licensee Applications developed by you, including certain variations of these files that have version number or architecture specific information embedded in the file name - as an example only, for release version 9.0 of the 64-bit Windows software, the file cudart64_90.dll is redistributable.

ComponentCUDA Runtime

Windowscudart.dll, cudart_static.lib, cudadevrt.lib

Mac OSXlibcudart.dylib, libcudart_static.a, libcudadevrt.a

Linuxlibcudart.so, libcudart_static.a, libcudadevrt.a

Androidlibcudart.so, libcudart_static.a, libcudadevrt.a

ComponentCUDA FFT Library

Windowscufft.dll, cufftw.dll, cufft.lib, cufftw.lib

Mac OSXlibcufft.dylib, libcufft_static.a, libcufftw.dylib, libcufftw_static.a

Linuxlibcufft.so, libcufft_static.a, libcufftw.so, libcufftw_static.a

Androidlibcufft.so, libcufft_static.a, libcufftw.so, libcufftw_static.a

ComponentCUDA BLAS Library

Windowscublas.dll, cublasLt.dll

Mac OSXlibcublas.dylib, libcublasLt.dylib, libcublas_static.a, libcublasLt_static.a

Linuxlibcublas.so, libcublasLt.so, libcublas_static.a, libcublasLt_static.a

Androidlibcublas.so, libcublasLt.so, libcublas_static.a, libcublasLt_static.a

ComponentNVIDIA "Drop-in" BLAS Library

Windowsnvblas.dll

Mac OSXlibnvblas.dylib

Linuxlibnvblas.so

ComponentCUDA Sparse Matrix Library

Windowscusparse.dll, cusparse.lib

Mac OSXlibcusparse.dylib, libcusparse_static.a

Linuxlibcusparse.so, libcusparse_static.a

Androidlibcusparse.so, libcusparse_static.a

ComponentCUDA Linear Solver Library

Windowscusolver.dll, cusolver.lib

Mac OSXlibcusolver.dylib, libcusolver_static.a

Linuxlibcusolver.so, libcusolver_static.a

Androidlibcusolver.so, libcusolver_static.a

ComponentCUDA Random Number Generation Library

Windowscurand.dll, curand.lib

Mac OSXlibcurand.dylib, libcurand_static.a

Linuxlibcurand.so, libcurand_static.a

Androidlibcurand.so, libcurand_static.a

ComponentNVIDIA Performance Primitives Library

Windowsnppc.dll, nppc.lib, nppial.dll, nppial.lib, nppicc.dll, nppicc.lib, nppicom.dll, nppicom.lib, nppidei.dll, nppidei.lib, nppif.dll, nppif.lib, nppig.dll, nppig.lib, nppim.dll, nppim.lib, nppist.dll, nppist.lib, nppisu.dll, nppisu.lib, nppitc.dll, nppitc.lib, npps.dll, npps.lib

Mac OSXlibnppc.dylib, libnppc_static.a, libnppial.dylib, libnppial_static.a, libnppicc.dylib, libnppicc_static.a, libnppicom.dylib, libnppicom_static.a, libnppidei.dylib, libnppidei_static.a, libnppif.dylib, libnppif_static.a, libnppig.dylib, libnppig_static.a, libnppim.dylib, libnppisu_static.a, libnppitc.dylib, libnppitc_static.a, libnpps.dylib, libnpps_static.a

Linuxlibnppc.so, libnppc_static.a, libnppial.so, libnppial_static.a, libnppicc.so, libnppicc_static.a, libnppicom.so, libnppicom_static.a, libnppidei.so, libnppidei_static.a, libnppif.so, libnppif_static.a libnppig.so, libnppig_static.a, libnppim.so, libnppim_static.a, libnppist.so, libnppist_static.a, libnppisu.so, libnppisu_static.a, libnppitc.so libnppitc_static.a, libnpps.so, libnpps_static.a

Androidlibnppc.so, libnppc_static.a, libnppial.so, libnppial_static.a, libnppicc.so, libnppicc_static.a, libnppicom.so, libnppicom_static.a, libnppidei.so, libnppidei_static.a, libnppif.so, libnppif_static.a libnppig.so, libnppig_static.a, libnppim.so, libnppim_static.a, libnppist.so, libnppist_static.a, libnppisu.so, libnppisu_static.a, libnppitc.so libnppitc_static.a, libnpps.so, libnpps_static.a

ComponentNVIDIA JPEG Library

Windowsnvjpeg.lib, nvjpeg.dll

Linuxlibnvjpeg.so, libnvjpeg_static.a

ComponentInternal common library required for statically linking to cuBLAS, cuSPARSE, cuFFT, cuRAND, nvJPEG and NPP

Mac OSXlibculibos.a

Linuxlibculibos.a

ComponentNVIDIA Runtime Compilation Library and Header

Allnvrtc.h

Windowsnvrtc.dll, nvrtc-builtins.dll

Mac OSXlibnvrtc.dylib, libnvrtc-builtins.dylib

Linuxlibnvrtc.so, libnvrtc-builtins.so

ComponentNVIDIA Optimizing Compiler Library

Windowsnvvm.dll

Mac OSXlibnvvm.dylib

Linuxlibnvvm.so

ComponentNVIDIA Common Device Math Functions Library

Windowslibdevice.10.bc

Mac OSXlibdevice.10.bc

Linuxlibdevice.10.bc

ComponentCUDA Occupancy Calculation Header Library

Allcuda_occupancy.h

ComponentCUDA Half Precision Headers

Allcuda_fp16.h, cuda_fp16.hpp

ComponentCUDA Profiling Tools Interface (CUPTI) Library

Windowscupti.dll

Mac OSXlibcupti.dylib

Linuxlibcupti.so

ComponentNVIDIA Tools Extension Library

WindowsnvToolsExt.dll, nvToolsExt.lib

Mac OSXlibnvToolsExt.dylib

LinuxlibnvToolsExt.so

ComponentNVIDIA CUDA Driver Libraries

Linuxlibcuda.so, libnvidia-ptxjitcompiler.so

ComponentNVIDIA CUDA File IO Libraries and Header

Allcufile.h

Linuxlibcufile.so, libcufile_rdma.so, libcufile_static.a, libcufile_rdma_static.a

The NVIDIA CUDA Driver Libraries are only distributable in applications that meet this criteria:

The application was developed starting from a NVIDIA CUDA container obtained from Docker Hub or the NVIDIA GPU Cloud, and

The resulting application is packaged as a Docker container and distributed to users on Docker Hub or the NVIDIA GPU Cloud only.

In addition to the rights above, for parties that are developing software intended solely for use on Jetson development kits or Jetson modules, and running Linux for Tegra software, the following shall apply:

The SDK may be distributed in its entirety, as provided by NVIDIA, and without separation of its components, for you and/or your licensees to create software development kits for use only on the Jetson platform and running Linux for Tegra software.

2.7. Attachment B

Additional Licensing Obligations

The following third party components included in the SOFTWARE are licensed to Licensee pursuant to the following terms and conditions:

Licensee's use of the GDB third party component is subject to the terms and conditions of GNU GPL v3:

This product includes copyrighted third-party software licensed

under the terms of the GNU General Public License v3 ("GPL v3").

All third-party software packages are copyright by their respective

authors. GPL v3 terms and conditions are hereby incorporated into

the Agreement by this reference: http://www.gnu.org/licenses/gpl.txt

Consistent with these licensing requirements, the software listed below is provided under the terms of the specified open source software licenses. To obtain source code for software provided under licenses that require redistribution of source code, including the GNU General Public License (GPL) and GNU Lesser General Public License (LGPL), contact oss-requests@nvidia.com. This offer is valid for a period of three (3) years from the date of the distribution of this product by NVIDIA CORPORATION.

Component License

CUDA-GDB GPL v3

Licensee represents and warrants that any and all third party licensing and/or royalty payment obligations in connection with Licensee's use of the H.264 video codecs are solely the responsibility of Licensee.

Licensee's use of the Thrust library is subject to the terms and conditions of the Apache License Version 2.0. All third-party software packages are copyright by their respective authors. Apache License Version 2.0 terms and conditions are hereby incorporated into the Agreement by this reference. http://www.apache.org/licenses/LICENSE-2.0.html

In addition, Licensee acknowledges the following notice: Thrust includes source code from the Boost Iterator, Tuple, System, and Random Number libraries.

Boost Software License - Version 1.0 - August 17th, 2003

. . . .

Permission is hereby granted, free of charge, to any person or

organization obtaining a copy of the software and accompanying

documentation covered by this license (the "Software") to use,

reproduce, display, distribute, execute, and transmit the Software,

and to prepare derivative works of the Software, and to permit

third-parties to whom the Software is furnished to do so, all

subject to the following:

The copyright notices in the Software and this entire statement,

including the above license grant, this restriction and the following

disclaimer, must be included in all copies of the Software, in whole

or in part, and all derivative works of the Software, unless such

copies or derivative works are solely in the form of machine-executable

object code generated by a source language processor.

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, TITLE AND

NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR

ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR

OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING

FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR

OTHER DEALINGS IN THE SOFTWARE.

Licensee's use of the LLVM third party component is subject to the following terms and conditions:

======================================================

LLVM Release License

======================================================

University of Illinois/NCSA

Open Source License

Developed by:

LLVM Team

University of Illinois at Urbana-Champaign

http://llvm.org

Permission is hereby granted, free of charge, to any person obtaining a copy

of this software and associated documentation files (the "Software"), to

deal with 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:

* Redistributions of source code must retain the above copyright notice,

this list of conditions and the following disclaimers.

* Redistributions in binary form must reproduce the above copyright

notice, this list of conditions and the following disclaimers in the

documentation and/or other materials provided with the distribution.

* Neither the names of the LLVM Team, University of Illinois at Urbana-

Champaign, nor the names of its contributors may be used to endorse or

promote products derived from this Software without specific prior

written permission.

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 CONTRIBUTORS 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 WITH THE SOFTWARE.

Licensee's use of the PCRE third party component is subject to the following terms and conditions:

------------

PCRE LICENCE

------------

PCRE is a library of functions to support regular expressions whose syntax

and semantics are as close as possible to those of the Perl 5 language.

Release 8 of PCRE is distributed under the terms of the "BSD" licence, as

specified below. The documentation for PCRE, supplied in the "doc"

directory, is distributed under the same terms as the software itself. The

basic library functions are written in C and are freestanding. Also

included in the distribution is a set of C++ wrapper functions, and a just-

in-time compiler that can be used to optimize pattern matching. These are

both optional features that can be omitted when the library is built.

THE BASIC LIBRARY FUNCTIONS

---------------------------

Written by: Philip Hazel

Email local part: ph10

Email domain: cam.ac.uk

University of Cambridge Computing Service,

Cambridge, England.

PCRE JUST-IN-TIME COMPILATION SUPPORT

-------------------------------------

Written by: Zoltan Herczeg

Email local part: hzmester

Emain domain: freemail.hu

STACK-LESS JUST-IN-TIME COMPILER

--------------------------------

Written by: Zoltan Herczeg

Email local part: hzmester

Emain domain: freemail.hu

THE C++ WRAPPER FUNCTIONS

-------------------------

Contributed by: Google Inc.

THE "BSD" LICENCE

-----------------

Redistribution and use in source and binary forms, with or without

modification, are permitted provided that the following conditions are met:

* Redistributions of source code must retain the above copyright notice,

this list of conditions and the following disclaimer.

* 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.

* Neither the name of the University of Cambridge nor the name of Google

Inc. nor the names of their 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 OWNER 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.

Some of the cuBLAS library routines were written by or derived from code written by Vasily Volkov and are subject to the Modified Berkeley Software Distribution License as follows:

Redistribution and use in source and binary forms, with or without

modification, are permitted provided that the following conditions are

met:

* Redistributions of source code must retain the above copyright

notice, this list of conditions and the following disclaimer.

* Redistributions in binary form must reproduce the above

disclaimer in the documentation and/or other materials provided

with the distribution.

* Neither the name of the University of California, Berkeley 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 AUTHOR "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 AUTHOR 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.

Some of the cuBLAS library routines were written by or derived from code written by Davide Barbieri and are subject to the Modified Berkeley Software Distribution License as follows:

Redistribution and use in source and binary forms, with or without

modification, are permitted provided that the following conditions are

met:

* Redistributions of source code must retain the above copyright

notice, this list of conditions and the following disclaimer.

* Redistributions in binary form must reproduce the above

disclaimer in the documentation and/or other materials provided

with the distribution.

* The name of the author may not be used to endorse or promote