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--- a/LICENSE
+++ b/LICENSE
@@ -29,186 +29,133 @@
The files in the directory src/miniloader are provided pursuant to the
following license agreement:
-License For Use of NVIDIA Software
+ License For Customer Use of NVIDIA Software
-IMPORTANT NOTICE -- READ CAREFULLY: This License For Use of NVIDIA
-Software ("LICENSE") is the agreement which governs use of the
-software (in binary code form only) of NVIDIA Corporation and its
-subsidiaries ("NVIDIA")
-provided herewith by NVIDIA, including computer software and
-associated printed materials (collectively, the "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.
+IMPORTANT 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")
+downloadable herefrom, 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 the SOFTWARE.
RECITALS
-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. This agreement sets
-forth the terms and conditions of the SOFTWARE LICENSE only.
+Use of NVIDIA's products requires three elements: the SOFTWARE, the
+hardware, 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 may be protected by various
+patents, and 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.
1. DEFINITIONS
-1.1 “Licensee,” “You” and/or “Your” shall mean, collectively and
-individually, Original Equipment Manufacturers, Independent Hardware
-Vendors, Independent Software Vendors, and/or End-Users of the
-Software pursuant to the terms and conditions of this LICENSE.
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-1.2 Intellectual Property Rights” shall mean all proprietary
-rights, including all patents, trademarks, copyrights, know-how, trade
-secrets, mask works, including all applications and registrations
-thereto, and any other similar protected rights in any country
+1.1 Customer. Customer means the entity or individual that
+downloads or otherwise obtains the SOFTWARE.
2. GRANT OF LICENSE
-2.1 Rights and Limitations of Grant. NVIDIA hereby grants to You the
-following non-exclusive, non-transferable, revocable right under
-NVIDIA’s copyrights to use, copy, distribute and sublicense the
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-protective of NVIDIA’s Intellectual Property Rights in the SOFTWARE as
-this LICENSE
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-disassemble the SOFTWARE, nor attempt in any other manner to obtain
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-Except as expressly permitted in this LICENSE, You shall not otherwise
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-Those provisions in this LICENSE, which by their nature need to
-survive the termination or expiration of this LICENSE, shall survive
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-If You commence or participate in any legal proceeding against NVIDIA,
-including Intellectual Property Rights infringement claims against
-NVIDIA, then NVIDIA may, in its sole discretion, suspend or terminate
-all license grants and any other rights provided under this LICENSE
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-4. OWNERSHIP OF SOFTWARE AND INTELLECTUAL PROPERTY RIGHTS
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-All rights, title and interest to all copies of the SOFTWARE remain
-with NVIDIA, subsidiaries, licensors, or its suppliers. The SOFTWARE
-is copyrighted and protected by the laws of the United States and
-other countries, and international treaty provisions. You may not
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-You have no obligation to give NVIDIA any suggestions, comments or
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-licensees may freely use, reproduce, license, distribute, and
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-technologies without the payment of any royalties or fees.
-
+2.1 Rights and Limitations of Grant. NVIDIA hereby grants Customer
+the following non-exclusive, non-transferable right to use the
+SOFTWARE, with the following limitations:
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+2.1.1 Rights. Customer may install and use multiple copies of the
+SOFTWARE on a shared computer or concurrently on different computers,
+and make multiple back-up copies of the SOFTWARE, solely for Customer's
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+and the subsidiaries it owns by more than fifty percent (50%).
+
+2.1.2 Open Source Exception. Notwithstanding the foregoing terms
+of Section 2.1.1, SOFTWARE may be copied and redistributed solely for
+use on operating systems distributed under the terms of an OSI-approved
+open source license as listed by the Open Source Initiative at
+http://opensource.org, provided that the binary files thereof are not
+modified, and Customer provides a copy of this license with the SOFTWARE.
+
+2.1.3 Limitations.
+
+No Reverse Engineering. Customer may not reverse engineer,
+decompile, or disassemble the SOFTWARE, nor attempt in any other
+manner to obtain the source code.
+
+Usage. SOFTWARE is licensed only for use with microprocessor(s) which have
+been (i) designed by NVIDIA and (ii) either (a) sold by or (b) licensed by
+NVIDIA. Customer shall not use SOFTWARE in conjunction with, nor cause
+SOFTWARE to be executed by, any other microprocessor.
+
+No Translation. Customer shall not translate SOFTWARE, nor cause or permit
+SOFTWARE to be translated, from the architecture or language in which it is
+originally provided by NVIDIA, into any other architecture or language.
+
+No Rental. Customer may not rent or lease the SOFTWARE to someone
+else.
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+3. TERMINATION
+
+This 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.
+
+Defensive Suspension. If Customer commences or participates in any legal
+proceeding against NVIDIA, then NVIDIA may, in its sole discretion,
+suspend or terminate all license grants and any other rights provided
+under this LICENSE during the pendency of such legal proceedings.
+
+4. COPYRIGHT
+
+All 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.
5. APPLICABLE LAW
This agreement shall be deemed to have been made in, and shall be
-construed pursuant to, the laws of the State of Delaware.
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-6. NO WARRANTIES
-
-THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED
-WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY,
-NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NVIDIA does not
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-any information, text, graphics, links or other items contained within
-the SOFTWARE. NVIDIA does not represent that errors or other defects
-will be identified or corrected.
-
-7. LIMITATION OF LIABILITY
-
-IN NO EVENT SHALL NVIDIA, SUBSIDIARIES, LICENSORS, OR ITS SUPPLIERS BE
-LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
-DIRECT, INDIRECT, LOST PROFITS, CONSEQUENTIAL, BUSINESS INTERRUPTION
-OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
-SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
-DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF
-LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL
-DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO
-HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
-NOTWITHSTANDING THE FOREGOING, NVIDIA’S AGGREGATE LIABILITY ARISING
-OUT OF THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND UNITED STATES
-DOLLARS (USD$1000).
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-8. MISCELLANEOUS
-
-The 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. This LICENSE may only be modified
-in writing signed by an authorized officer of NVIDIA. No failure or
-delay by NVIDIA in the exercise of any right, power or remedy under
-this LICENSE or under law shall operate as a waiver thereof. The
-parties acknowledge that the SOFTWARE is subject to U.S. export
-control laws and regulations. The parties agree to comply with all
-applicable international and national laws that apply to the SOFTWARE,
-including the U.S. Export Administration Regulations, as well as
-end-user, end-use and destination restrictions issued by U.S. and
-other governments. The SOFTWARE has been developed entirely at
-private expense and is commercial computer software provided with
-RESTRICTED RIGHTS. Use, dupli¬cation or disclosure of the SOFTWARE by
-the U.S. Government or a U.S. Government subcontractor is subject to
-the restrictions set forth in the LICENSE under which the 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. Use of the SOFTWARE by the
-Government constitutes acknowledgment of NVIDIA's proprietary rights
-therein.
+construed pursuant to, the laws of the State of California.
+
+6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
+
+6.1 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
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+6.2 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
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+OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS
+BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
+
+7. MISCELLANEOUS
+
+The 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
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+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.