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# cuDNN

Media Server statically links (on Linux) and dynamically links (on Windows) against the following third-party libraries:

CUDNN (version 3) redistributables

Windows: `cudnn.dll`

Linux: `libcudnn_static.a`

Micro Focus acknowledges the redistribution of the cuDNN third-party component under the license(s) shown below. For more information, refer to https://developer.nvidia.com/rdp/cudnn-download.

NVIDIA SOFTWARE LICENSE AGREEMENT
Release Date: October 20, 2016

IMPORTANT – READ BEFORE DOWNLOADING, INSTALLING, COPYING OR USING THE LICENSED SOFTWARE

This Software License Agreement ("SLA”), made and entered into as of the time and date of click through action (“Effective Date”), is a legal agreement between you and NVIDIA Corporation ("NVIDIA") and governs the use of the NVIDIA computer software and the documentation made available for use with such NVIDIA software. By downloading, installing, copying, or otherwise using the NVIDIA software and/or documentation, you agree to be bound by the terms of this SLA. If you do not agree to the terms of this SLA, do not download, install, copy or use the NVIDIA software or documentation. IF YOU ARE ENTERING INTO THIS SLA ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE ENTITY TO THIS SLA, IN WHICH CASE “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 SLA, THEN NVIDIA DOES NOT AGREE TO LICENSE THE LICENSED SOFTWARE TO YOU, AND YOU MAY NOT DOWNLOAD, INSTALL, COPY OR USE IT.

1. LICENSE.

1.1 License Grant. Subject to the terms of the AGREEMENT, NVIDIA hereby grants you a non-exclusive, non-transferable license, without the right to sublicense (except as expressly set forth in a Supplement), during the applicable license term unless earlier terminated as provided below, to have Authorized Users install and use the Software, including modifications (if expressly permitted in a Supplement), in accordance with the Documentation. You are only licensed to activate and use Licensed Software for which you a have a valid license, even if during the download or installation you are presented with other product options. No Orders are binding on NVIDIA until accepted by NVIDIA. Your Orders are subject to the AGREEMENT.

SLA Supplements: Certain Licensed Software licensed under this SLA may be subject to additional terms and conditions that will be presented to you in a Supplement for acceptance prior to the delivery of such Licensed Software under this SLA and the applicable Supplement. Licensed Software will only be delivered to you upon your acceptance of all applicable terms.

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(i) Evaluation License. You may use evaluation licenses solely for your internal evaluation of the Licensed Software for broader adoption within your Enterprise or in connection with a NVIDIA product purchase decision, and such licenses have an expiration date as indicated by NVIDIA in its sole discretion (or ninety days from the date of download if no other duration is indicated).

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2. LIMITATIONS.

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2.3 Limited Rights. Your rights in the Licensed Software are limited to those expressly granted under the AGREEMENT and no other licenses are granted whether by implication, estoppel or otherwise. NVIDIA reserves all rights, title and interest in and to the Licensed Software not expressly granted under the AGREEMENT.

3. CONFIDENTIALITY. Neither party will use the other party’s Confidential Information, except as necessary for the performance of the AGREEMENT, nor will either party disclose such Confidential Information to any third party, except to personnel of NVIDIA and its Affiliates, you, your Enterprise, your Enterprise Contractors, and each party’s legal and financial advisors that have a need to know such Confidential Information for the performance of the 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 the 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 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 such public disclosure, and (iii) discloses only the minimum amount of information necessary to comply with such requirements.

4. OWNERSHIP. You are not obligated to disclose to NVIDIA any modifications that you, your Enterprise or your Contractors make to the Licensed Software as permitted under the AGREEMENT. As between the parties, all modifications are owned by NVIDIA and licensed to you under the AGREEMENT unless otherwise expressly provided in a Supplement. The Licensed Software and all modifications owned by NVIDIA, and the respective Intellectual Property Rights therein, are and will remain the sole and exclusive property of NVIDIA or its licensors, whether the Licensed Software is separate from or combined with any other products or materials. You shall not 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 the AGREEMENT with respect to their Confidential Information and/or Intellectual Property Rights.

5. FEEDBACK. You have no obligation to provide Feedback to NVIDIA. However, NVIDIA and/or 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/or its Affiliates, at their option, may, and may permit their licensees, to make, have made, use, have used, reproduce, license, distribute and otherwise commercialize the Feedback in the Licensed Software or in other NVIDIA 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.

6. NO WARRANTIES. THE LICENSED SOFTWARE AND ANY OTHER CONFIDENTIAL INFORMATION AND/OR SERVICES ARE PROVIDED BY NVIDIA “AS IS” AND “WITH ALL FAULTS,” AND NVIDIA EXPRESSLY DISCLAIMS ALL OTHER 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, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, 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 OR ANY OTHER CONFIDENTIAL INFORMATION AND/OR SERVICES PROVIDED BY NVIDIA UNDER THE AGREEMENT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT NVIDIA’S OBLIGATIONS UNDER THE AGREEMENT ARE FOR THE BENEFIT OF YOU ONLY. Nothing in this warranty section affects any statutory rights of consumers or other recipients to the extent that they cannot be waived or limited by contract under applicable law.

7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA OR ITS LICENSORS 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 THE AGREEMENT OR THE USE OR PERFORMANCE OF THE LICENSED SOFTWARE AND ANY OTHER CONFIDENTIAL INFORMATION AND/OR SERVICES PROVIDED BY NVIDIA UNDER THE AGREEMENT, 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 THE AGREEMENT EXCEED THE NET AMOUNTS RECEIVED BY NVIDIA FOR YOUR USE OF THE PARTICULAR LICENSED SOFTWARE DURING THE TWELVE (12) MONTHS BEFORE THE LIABILITY AROSE (or up to US$10.00 if you acquired the Licensed Software for no charge). THE NATURE OF THE LIABILITY, THE NUMBER OF CLAIMS OR SUITS OR THE NUMBER OF PARTIES WITHIN YOUR ENTERPRISE THAT ACCEPTED THE TERMS OF THE AGREEMENT SHALL NOT ENLARGE OR EXTEND THIS LIMIT. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER NVIDIA OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. The disclaimers, exclusions and limitations of liability set forth in the AGREEMENT form an essential basis of the bargain between the parties, and, absent any such disclaimers, exclusions or limitations of liability, the provisions of the AGREEMENT, including, without limitation, the economic terms, would be substantially different.

8. TERM AND TERMINATION.

8.1 AGREEMENT, Licenses and Services. This SLA shall become effective upon the Effective Date, each Supplement upon their acceptance, and both this SLA and Supplements shall continue in effect until your last access or use of the Licensed Software and/or services hereunder, unless earlier terminated as provided in this “Term and Termination” section. Each Licensed Software license ends at the earlier of (a) the expiration of the applicable license term, or (b) termination of such license or the AGREEMENT. Each service ends at the earlier of (x) the expiration of the applicable service term, (y) termination of such service or the AGREEMENT, or (z) expiration or termination of the associated license and no credit or refund will be provided upon the expiration or termination of the associated license for any service fees paid.

8.2 Termination and Effect of Expiration or Termination. NVIDIA may terminate the AGREEMENT in whole or in part: (i) if you breach any term of the AGREEMENT and fail to cure such breach within thirty (30) days following notice thereof from NVIDIA (or immediately if you violate NVIDIA’s Intellectual Property Rights); (ii) if you become 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 you cease to do business; or (iii) 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. If you or your authorized NVIDIA reseller fail to pay license fees or service fees when due then NVIDIA may, in its sole discretion, suspend or terminate your license grants, services and any other rights provided under the AGREEMENT for the affected Licensed Software, in addition to any other remedies NVIDIA may have at law or equity. Upon any expiration or termination of the AGREEMENT, a license or a service provided hereunder, (a) any amounts owed to NVIDIA become immediately due and payable, (b) you must promptly discontinue use of the affected Licensed Software and/or service, and (c) you must promptly destroy or return to NVIDIA all copies of the affected 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. Upon written request, you will certify in writing that you have complied with your obligations under this section. Upon expiration or termination of the AGREEMENT all provisions survive except for the license grant provisions.

9. CONSENT TO COLLECTION AND USE OF INFORMATION.

You hereby agree and acknowledge that the Software may access, collect non-personally identifiable information about your Enterprise computer systems in order to properly optimize such systems for use with the Software. To the extent that you use the Software, you hereby consent to all of the foregoing, and represent and warrant that you have the right to grant such consent. In addition, you agree that you are solely responsible for maintaining appropriate data backups and system restore points for your Enterprise systems, and that NVIDIA will have no responsibility for any damage or loss to such systems (including loss of data or access) arising from or relating to (a) any changes to the configuration, application settings, environment variables, registry, drivers, BIOS, or other attributes of the systems (or any part of such systems) initiated through the Software; or (b) installation of any Software or third party software patches initiated through the Software. In certain systems you may change your system update preferences by unchecking "Automatically check for updates" in the "Preferences" tab of the control panel for the Software.

In connection with the receipt of the Licensed Software or services you may receive access to links to third party websites and services and the availability of those links does not imply any endorsement by NVIDIA. NVIDIA encourages you to review the privacy statements on those sites and services that you choose to visit so that you can understand how they may collect, use and share personal information of individuals. NVIDIA is not responsible or liable for: (i) the availability or accuracy of such links; or (ii) the products, services or information available on or through such links; or (iii) the privacy statements or practices of sites and services controlled by other companies or organizations.

To the extent that you or members of your Enterprise provide to NVIDIA during registration or otherwise personal information, you acknowledge that such information will be collected, used and disclosed by NVIDIA in accordance with NVIDIA's privacy policy, available at URL http://www.nvidia.com/object/privacy_policy.html.

10. GENERAL.

This SLA, any Supplements incorporated hereto, and Orders constitute 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 dealings or industry custom. Any additional and/or conflicting terms and conditions on purchase order(s) or any other documents issued by you are null, void, and invalid. Any amendment or waiver under the AGREEMENT must be in writing and signed by representatives of both parties.

The AGREEMENT and the rights and obligations thereunder 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. NVIDIA may assign, delegate or transfer the AGREEMENT and its rights and obligations hereunder, and if to a non-Affiliate you will be notified.

Each party acknowledges and agrees that the other is an independent contractor in the performance of the AGREEMENT, and each party is solely responsible for all of its employees, agents, contractors, and labor costs and expenses arising in connection therewith. The parties are not partners, joint ventures or otherwise affiliated, and neither has any authority to make any statements, representations or commitments of any kind to bind the other party without prior written consent.

Neither party will be responsible for any failure or delay in its performance under the AGREEMENT (except for any payment obligations) to the extent due to causes beyond its reasonable control for so long as such force majeure event continues in effect.

The 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 United Nations Convention on Contracts for the International Sale of Goods. The parties consent to the personal jurisdiction of the federal and state courts located in Santa Clara County, California. You acknowledge and agree that a breach of any of your promises or agreements contained in the AGREEMENT may result in irreparable and continuing injury to NVIDIA for which monetary damages may not be an adequate remedy and therefore NVIDIA is entitled to seek injunctive relief as well as such other and further relief as may be appropriate. If any court of competent jurisdiction determines that any provision of the AGREEMENT is illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. Unless otherwise specified, remedies are cumulative.

The Licensed Software 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 set forth in the 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, 2701 San Tomas Expressway, Santa Clara, CA 95050.

You acknowledge that the Licensed Software described under the AGREEMENT is subject to export control under 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). Therefore, you may not export, reexport or transfer in-country the Licensed Software without first obtaining any license or other approval that may be required by BIS and/or OFAC. You are responsible for any violation of the U.S. or other applicable export control or economic sanctions laws, regulations and requirements related to the Licensed Software. By accepting this SLA, 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 Licensed Software.

Any notice delivered by NVIDIA to you under the AGREEMENT will be delivered via mail, email or fax. Please direct your legal notices or other correspondence to NVIDIA Corporation, 2701 San Tomas Expressway, Santa Clara, California 95050, United States of America, Attention: Legal Department.

GLOSSARY OF TERMS

Certain capitalized terms, if not otherwise defined elsewhere in this SLA, shall have the meanings set forth below:

a. “Affiliate” means any legal entity that Owns, is Owned by, or is commonly Owned with a party. “Own” means having more than 50% ownership or the right to direct the management of the entity.

b. “AGREEMENT” means this SLA and all associated Supplements entered by the parties referencing this SLA.

c. “Authorized Users” means your Enterprise individual employees and any of your Enterprise’s Contractors, subject to the terms of the “Enterprise and Contractors Usage” section.

d. “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 the 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.

e. “Contractor” means an individual who works primarily for your Enterprise on a contractor basis from your secure network.

f. “Documentation” means the NVIDIA documentation made available for use with the Software, including (without limitation) user manuals, datasheets, operations instructions, installation guides, release notes and other materials provided to you under the AGREEMENT.

g. “Enterprise” means you or any company or legal entity for which you accepted the terms of this SLA, and their subsidiaries of which your company or legal entity owns more than fifty percent (50%) of the issued and outstanding equity.

h. “Feedback” means any and all suggestions, feature requests, comments or other feedback regarding the Licensed Software, including possible enhancements or modifications thereto.

i. “Intellectual Property Rights” means all patent, copyright, trademark, trade secret, trade dress, trade names, utility models, mask work, moral rights, rights of attribution or integrity service marks, master recording and music publishing rights, performance rights, author’s rights, database rights, registered design rights and any applications for the protection or registration of these rights, or other intellectual or industrial property rights or proprietary rights, howsoever arising and in whatever media, whether now known or hereafter devised, whether or not registered, (including all claims and causes of action for infringement, misappropriation or violation and all rights in any registrations and renewals), worldwide and whether existing now or in the future.

j. “Licensed Software” means Software, Documentation and all modifications owned by NVIDIA.

k. “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 (i) disclosed or distributed in source code form; (ii) be licensed for the purpose of making derivative works; or (iii) be redistributable at no charge.

l. “Order” means a purchase order issued by you, a signed purchase agreement with you, or other ordering document issued by you to NVIDIA or a NVIDIA authorized reseller (including any on-line acceptance process) that references and incorporates the AGREEMENT and is accepted by NVIDIA.

m. “Software” means the NVIDIA software programs licensed to you under the AGREEMENT including, without limitation, libraries, sample code, utility programs and programming code.

n. “Supplement” means the additional terms and conditions beyond those stated in this SLA that apply to certain Licensed Software licensed hereunder.

cuDNN SUPPLEMENT TO SOFTWARE LICENSE AGREEMENT
Release date: January 5, 2017

The terms set forth in this cuDNN Supplement (“Supplement”) govern your use of the CUDA Deep Neural Network library (cuDNN) (the “cuDNN Licensed Software”) under the terms of your software license agreement (“SLA”) as modified by this Supplement. This Supplement is an exhibit to the SLA and is hereby incorporated as an integral part thereto. Capitalized terms used but not defined herein shall have the meaning assigned to them in the SLA. In the event of conflict between the terms in this Supplement and the terms in the SLA, this Supplement shall control.

1. CUDNN DISTRIBUTION. Subject to the terms of the SLA and this Supplement, NVIDIA hereby grants you a non-exclusive, non-transferable license during the applicable license term unless earlier terminated pursuant to the SLA, to distribute the runtime files (.so, .h) when delivered to you as part of the cuDNN Licensed Software in source code form or binary form (but not when provided to you as part of a hardware product), subject to such distribution being solely in binary form to your licensees (“Customers”) only as a component of your own software products having additional material functionality beyond the redistributable cuDNN Licensed Software (each, a “Licensee Application"). Subject to the terms and conditions of the SLA and this Supplement, you may further authorize Customers to redistribute the cuDNN Licensed Software as incorporated into a Licensee Application, solely in binary form, provided, however, that you shall require in your agreements with your Customers that their distributions be on terms at least as restrictive as those applicable for your use of the cuDNN Licensed Software within a Licensee Application. The expiration or termination of your licenses to the cuDNN Licensed Software under the SLA and this Supplement will not affect your previous cuDNN distributions in compliance with the SLA and this Supplement.

The above distributions are subject to the following: (a) all distributions by you or your distribution channels must be consistent with the terms of the AGREEMENT; (b) the distributed cuDNN License Software must include valid copyright notices indicating NVIDIA’s ownership of the Licensed Software and (if permitted) modifications; and (c) you must enter into enforceable agreements that pass down terms consistent with the terms set forth in the AGREEMENT for use of the distributable cuDNN License Software, 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 cuDNN Licensed Software. You are liable for the distribution and use of cuDNN Licensed Software if you failed to comply with the distribution requirements of this Supplement. You agree to notify NVIDIA in writing of any known or suspected distribution or use of the cuDNN Licensed Software not in compliance with the terms of the AGREEMENT, and to enforce the terms of your agreements with respect to cuDNN Licensed Software you distributed.

2. LICENSE DURATION. Each cuDNN Licensed Software is licensed to you for an initial duration of one year starting from the date of delivery or download. The licenses granted will automatically renew for successive one year periods, provided that NVIDIA reserves the right to terminate licenses upon ninety days (90) days written notice to you prior to the commencement of a renewal year in addition to the termination rights set forth in the SLA.

3. AUDIT. During the term of the AGREEMENT and for three (3) years thereafter, you will maintain all usual and proper books and records of account relating to the cuDNN Licensed Software and services provided under the 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 compliance with the terms of the AGREEMENT. Any such inspection and audit will be conducted during regular business hours and no more frequently 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 accruing (without the requirement of a notice) from the time underpayment began 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 the AGREEMENT, then you will also pay NVIDIA’s reasonable costs of conducting the inspection and audit. Further, you agree that the party delivering the cuDNN Licensed Software to you may collect and disclose to NVIDIA information for NVIDIA to verify your compliance with the terms of the AGREEMENT including (without limitation) information regarding your use of the cuDNN Licensed Software.

4. EXPIRATION OF TERMINATION OF THIS SUPPLEMENT. Your failure to comply with the terms of this Supplement is ground for termination for breach by NVIDIA under the SLA. This Supplement will automatically expire or terminate upon the expiration or termination of your rights to cuDNN Licensed Software under the SLA or this Supplement.

    Copyright (c) 2010 The University of Tennessee.

    All rights reserved.

    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 listed in this license in the documentation and/or
          other materials provided with the distribution.
        * Neither the name of the copyright holders 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
    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.

    COPYRIGHT

    All contributions by the University of California:
    Copyright (c) 2014, The Regents of the University of California (Regents)
    All rights reserved.

    All other contributions:
    Copyright (c) 2014, the respective contributors
    All rights reserved.

    Caffe uses a shared copyright model: each contributor holds copyright over
    their contributions to Caffe. The project versioning records all such
    contribution and copyright details. If a contributor wants to further mark
    their specific copyright on a particular contribution, they should indicate
    their copyright solely in the commit message of the change when it is
    committed.

    LICENSE

    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.

    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
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    SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

    CONTRIBUTION AGREEMENT

    By contributing to the BVLC/caffe repository through pull-request, comment,
    or otherwise, the contributor releases their content to the
    license and copyright terms herein.

    END USER LICENSE AGREEMENTS
    (EULA)
    DR-06739-001_v01_v7.5 | September 2015

    PREFACE
    The following contains specific license terms and conditions for four separate NVIDIA
    products. By accepting this agreement, you agree to comply with all the terms and
    conditions applicable to the specific product(s) included herein.

    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. The NVIDIA CUDA Toolkit License Agreement is
    available in Chapter 1.

    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. The NVIDIA CUDA Samples License Agreement is available in
    Chapter 2.

    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 Driver
    Description
    This package contains the operating system driver and fundamental system software
    components for NVIDIA GPUs. The NVIDIA Driver License for the Windows platform
    is available in Chapter 3, and the NVIDIA Driver License for the Linux and Mac OSX
    platforms is available in Chapter 4.

    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.
    The NVIDIA Nsight Visual Studio Edition License Agreement is available in Chapter 5.

    Default Install Location of Nsight Visual Studio Edition
    Windows platform:
    %ProgramFiles(x86)%\NVIDIA Corporation\Nsight Visual Studio Edition #.#

    NVIDIA CUDA General Terms
    Description
    General terms that apply to all of the software components are available in Chapter 6.

    Chapter 1.
    NVIDIA CUDA TOOLKIT LICENSE
    AGREEMENT

    Important Notice
    READ CAREFULLY: This Software License Agreement ("Agreement") for NVIDIA
    CUDA Toolkit, including computer software and associated documentation ("Software"),
    is the Agreement which governs use of the SOFTWARE of NVIDIA Corporation and its
    subsidiaries ("NVIDIA") downloadable herefrom. By downloading, installing, copying,
    or otherwise using the SOFTWARE, You (as defined below) agree to be bound by the
    terms of this Agreement. If You do not agree to the terms of this Agreement, do not
    download the SOFTWARE.

    Recitals
    Use of NVIDIA's SOFTWARE requires three elements: the SOFTWARE, an NVIDIA
    GPU or application processor ("NVIDIA Hardware"), and a computer system. 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 Your use, strictly in accordance with this Agreement. The
    NVIDIA Hardware is protected by various patents, and is sold, but this Agreement
    does not cover the sale or use of such hardware, since it may not necessarily be sold as a
    package with the SOFTWARE. This Agreement sets forth the terms and conditions of the
    SOFTWARE only.

    1.1. Definitions
    1.1.1. Licensee
    "You", or "Your" shall mean the entity or individual that downloads and uses the
    SOFTWARE.

    1.1.2. Redistributable Software
    "Redistributable Software" shall mean the redistributable libraries referenced in
    Attachment A of this Agreement.

    1.1.3. Software
    "SOFTWARE" shall mean the deliverables provided pursuant to this Agreement.
    SOFTWARE may be provided in either source or binary form, at NVIDIA's discretion.

    1.2. Grant of License
    1.2.1. Rights and Limitations of Grant
    Provided that Licensee complies with the terms of this Agreement, NVIDIA hereby
    grants Licensee the following limited, non-exclusive, non-transferable, non-sublicensable
    (except as expressly permitted otherwise for Redistributable Software in Section 1.2.1.1
    and Section 1.2.1.3 of this Agreement) right to use the SOFTWARE -- and, if the
    SOFTWARE is provided in source form, to compile the SOFTWARE -- with the following
    limitations:

    1.2.1.1. Redistribution Rights
    Licensee may transfer, redistribute, and sublicense certain files of the Redistributable
    SOFTWARE, as defined in Attachment A of this Agreement, provided, however, that (a)
    the Redistributable SOFTWARE shall be distributed solely in binary form to Licensee's
    licensees ("Customers") only as a component of Licensee's own software products
    (each, a "Licensee Application"); (b) Licensee shall design the Licensee Application such
    that the Redistributable SOFTWARE files are installed only in a private (non-shared)
    directory location that is used only by the Licensee Application; (c) Licensee shall obtain
    each Customer's written or clickwrap agreement to the license terms under a written,
    legally enforceable agreement that has the effect of protecting the SOFTWARE and the
    rights of NVIDIA under terms no less restrictive than this Agreement.

    1.2.1.2. Usage Rights
    Licensee 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 Licensee's use within Licensee's Enterprise. "Enterprise" shall
    mean individual use by Licensee or any legal entity (such as a corporation or university)
    and the subsidiaries it owns by more than 50 percent.

    1.2.1.3. Further Redistribution Rights
    Subject to the terms and conditions of the Agreement, Licensee may authorize
    Customers to further redistribute the Redistributable SOFTWARE that such Customers
    receive as part of the Licensee Application, solely in binary form, provided, however,
    that Licensee shall require in their standard software license agreements with Customers
    that all such redistributions must be made pursuant to a license agreement that has
    the effect of protecting the SOFTWARE and the rights of NVIDIA whose terms and
    conditions are at least as restrictive as those in the applicable Licensee software license
    agreement covering the Licensee Application. For avoidance of doubt, termination of
    this Agreement shall not affect rights previously granted by Licensee to its Customers
    under this Agreement to the extent validly granted to Customers under Section 1.2.1.1.

    1.2.1.4. Linux/FreeBSD Exception
    Notwithstanding the foregoing terms of Section 1.2.1.2, Section 1.2.1.1 and
    Section 1.2.1.3, SOFTWARE 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, provided that the binary files
    thereof are not modified in any way (except for unzipping of compressed files).

    1.2.1.5. Additional Licensing Obligations
    Licensee acknowledges and agrees that its use of certain third party components
    included with the SOFTWARE may be subject to additional licensing terms and
    conditions as set forth or referenced in Attachment B of this Agreement.

    1.2.1.6. Limitations
    No Reverse Engineering
    If the SOFTWARE is provided in binary form, Licensee may not reverse engineer,
    decompile, or disassemble the SOFTWARE, nor attempt in any other manner to obtain
    the source code.
    No Separation of Components
    The SOFTWARE is licensed as a single product. Except as authorized in this Agreement,
    Software component parts of the Software may not be separated for use on more than
    one computer, nor otherwise used separately from the other parts.
    No Rental
    Licensee may not rent or lease the SOFTWARE to someone else.
    No Modifications
    If the SOFTWARE is provided in source form, Licensee may not modify or create
    derivative works of the SOFTWARE.

    1.3. Term and Termination
    This Agreement will continue in effect for two (2) years ("Initial Term") after Your initial
    download and use of the SOFTWARE, subject to the exclusive right of NVIDIA to
    terminate as provided herein. The term of this Agreement will automatically renew for
    successive one (1) year renewal terms after the Initial Term, unless either party provides
    to the other party at least three (3) months prior written notice of termination before the
    end of the applicable renewal term.

    This Agreement will automatically terminate if Licensee fails to comply with any of
    the terms and conditions hereof. In such event, Licensee must destroy all copies of the
    SOFTWARE and all of its component parts.

    Defensive Suspension
    If Licensee 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 Agreement during the pendency of such legal proceedings.

    1.4. Copyright
    All rights, title, interest 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, Licensee is required to treat the SOFTWARE like any other copyrighted
    material, except as otherwise allowed pursuant to this Agreement and that it may make
    one copy of the SOFTWARE solely for backup or archive purposes.

    RESTRICTED RIGHTS NOTICE. Software has been developed entirely at private
    expense and is commercial computer software 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 the Agreement under which
    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.

    1.5. 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. The United Nations Convention on Contracts for
    the International Sale of Goods is specifically disclaimed. The courts of Santa Clara
    County, California shall have exclusive jurisdiction and venue over any dispute arising
    out of or relating to this Agreement.

    1.6. Disclaimer of Warranties and Limitations on
    Liability
    1.6.1. 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, FITNESS FOR A PARTICULAR
    PURPOSE, OR NONINFRINGEMENT.

    1.6.2. 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 OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
    LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE,
    EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    1.6.3. No Support
    NVIDIA has no obligation to support or to provide any updates of the Software.

    1.7. Miscellaneous
    1.7.1. Feedback
    Notwithstanding any Non-Disclosure Agreement executed by and between the parties,
    the parties agree that in the event Licensee or NVIDIA provides Feedback (as defined
    below) to the other party on how to design, implement, or improve the SOFTWARE or
    Licensee's product(s) for use with the SOFTWARE, the following terms and conditions
    apply the Feedback:

    1.7.1.1. Exchange of Feedback
    Both parties agree that neither party has an obligation to give the other party any
    suggestions, comments or other feedback, whether verbally or in written or source
    code form, relating to (i) the SOFTWARE; (ii) Licensee's products; (iii) Licensee's use
    of the SOFTWARE; or (iv) optimization/interoperability of Licensee's product with the
    SOFTWARE (collectively defined as "Feedback"). In the event either party provides
    Feedback to the other party, the party receiving the Feedback may use any Feedback
    that the other party voluntarily provides to improve the (i) SOFTWARE or other
    related NVIDIA technologies, respectively for the benefit of NVIDIA; or (ii) Licensee's
    product or other related Licensee technologies, respectively for the benefit of Licensee.
    Accordingly, if either party provides Feedback to the other party, both parties agree that
    the other party and its respective licensees may freely use, reproduce, license, distribute,
    and otherwise commercialize the Feedback in the (i) SOFTWARE or other related
    technologies; or (ii) Licensee's products or other related technologies, respectively,
    without the payment of any royalties or fees.

    1.7.1.2. Residual Rights
    Licensee agrees that NVIDIA shall be free to use any general knowledge, skills and
    experience, (including, but not limited to, ideas, concepts, know-how, or techniques)
    ("Residuals"), contained in the (i) Feedback provided by Licensee to NVIDIA; (ii)
    Licensee's products shared or disclosed to NVIDIA in connection with the Feedback; or
    (c) Licensee's confidential information voluntarily provided to NVIDIA in connection
    with the Feedback, which are retained in the memories of NVIDIA's employees,
    agents, or contractors who have had access to such Residuals. Subject to the terms and
    conditions of this Agreement, NVIDIA's employees, agents, or contractors shall not
    be prevented from using Residuals as part of such employee's, agent's or contractor's
    general knowledge, skills, experience, talent, and/or expertise. NVIDIA shall not
    have any obligation to limit or restrict the assignment of such employees, agents or
    contractors or to pay royalties for any work resulting from the use of Residuals.

    1.7.1.3. Disclaimer of Warranty
    FEEDBACK FROM EITHER PARTY IS PROVIDED FOR THE OTHER PARTY'S
    USE "AS IS" AND BOTH PARTIES DISCLAIM ALL WARRANTIES, EXPRESS,
    IMPLIED AND STATUTORY INCLUDING, WITHOUT LIMITATION, THE IMPLIED
    WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
    OR NONINFRINGEMENT. BOTH PARTIES DO NOT REPRESENT OR WARRANT
    THAT THE FEEDBACK WILL MEET THE OTHER PARTY'S REQUIREMENTS OR
    THAT THE OPERATION OR IMPLEMENTATION OF THE FEEDBACK WILL BE
    UNINTERRUPTED OR ERROR-FREE.

    1.7.1.4. No Liability for Consequential Damages
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
    SHALL EITHER PARTY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
    INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
    (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
    PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR
    ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO
    USE THE FEEDBACK, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE
    POSSIBILITY OF SUCH DAMAGES.

    1.7.2. Freedom of Action
    Licensee agrees that this Agreement is nonexclusive and NVIDIA may currently or
    in the future be developing software, other technology or confidential information
    internally, or receiving confidential information from other parties that maybe similar
    to the Feedback and Licensee's confidential information (as provided in Section 1.7.1.2
    above), which may be provided to NVIDIA in connection with Feedback by Licensee.
    Accordingly, Licensee agrees that nothing in this Agreement will be construed as a
    representation or inference that NVIDIA will not develop, design, manufacture, acquire,
    market products, or have products developed, designed, manufactured, acquired,
    or marketed for NVIDIA, that compete with the Licensee's products or confidential
    information.

    1.7.3. No Implied Licenses
    Under no circumstances should anything in this Agreement be construed as NVIDIA
    granting by implication, estoppel or otherwise, (i) a license to any NVIDIA product
    or technology other than the SOFTWARE; or (ii) any additional license rights for the
    SOFTWARE other than the licenses expressly granted in this Agreement.

    If any provision of this Agreement 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 Agreement may only be
    modified in writing signed by an authorized officer of NVIDIA. Licensee agrees that it
    will not ship, transfer or export the SOFTWARE into any country, or use the SOFTWARE
    in any manner, prohibited by the United States Bureau of Industry and Security or any
    export laws, restrictions or regulations.

    The parties agree that the following sections of the Agreement will survive the
    termination of the License: Section 1.2.1.4, Section 1.4, Section 1.5, Section 1.6, and
    Section 1.7.

    1.8. Attachment A
    Redistributable Software
    In connection with Section 1.2.1.1 of this Agreement, the following files may be
    redistributed with software applications developed by Licensee, 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 6.0 of the 64-bit
    Windows software, the file cudart64_60.dll is redistributable.

    Component : CUDA Runtime
    Windows : cudart.dll, cudart_static.lib, cudadevrt.lib
    Mac OSX : libcudart.dylib, libcudart_static.a, libcudadevrt.a
    Linux : libcudart.so, libcudart_static.a, libcudadevrt.a
    Android : libcudart.so, libcudart_static.a, libcudadevrt.a

    Component : CUDA FFT Library
    Windows : cufft.dll, cufftw.dll
    Mac OSX : libcufft.dylib, libcufft_static.a, libcufftw.dylib,
    libcufftw_static.a
    Linux : libcufft.so, libcufft_static.a, libcufftw.so, libcufftw_static.a
    Android : libcufft.so, libcufft_static.a, libcufftw.so, libcufftw_static.a

    Component : CUDA BLAS Library
    Windows : cublas.dll, cublas_device.lib
    Mac OSX : libcublas.dylib, libcublas_static.a, libcublas_device.a
    Linux : libcublas.so, libcublas_static.a, libcublas_device.a
    Android : libcublas.so, libcublas_static.a, libcublas_device.a

    Component : NVIDIA "Drop-in" BLAS Library
    Windows : nvblas.dll
    Mac OSX : libnvblas.dylib
    Linux : libnvblas.so

    Component : CUDA Sparse Matrix Library
    Windows : cusparse.dll
    Mac OSX : libcusparse.dylib, libcusparse_static.a
    Linux : libcusparse.so, libcusparse_static.a
    Android : libcusparse.so, libcusparse_static.a

    Component : CUDA Linear Solver Library
    Windows : cusolver.dll
    Mac OSX : libcusolver.dylib, libcusolver_static.a
    Linux : libcusolver.so, libcusolver_static.a
    Android : libcusolver.so, libcusolver_static.a

    Component : CUDA Random Number Generation Library
    Windows : curand.dll
    Mac OSX : libcurand.dylib, libcurand_static.a
    Linux : libcurand.so, libcurand_static.a
    Android : libcurand.so, libcurand_static.a

    Component : NVIDIA Performance Primitives Library
    Windows : nppc.dll, nppi.dll, npps.dll
    Mac OSX : libnppc.dylib, libnppi.dylib, libnpps.dylib, libnppc_static.a,
    libnpps_static.a, libnppi_static.a
    Linux : libnppc.so, libnppi.so, libnpps.so, libnppc_static.a,
    libnpps_static.a, libnppi_static.a
    Android : libnppc.so, libnppi.so, libnpps.so, libnppc_static.a,
    libnpps_static.a, libnppi_static.a

    Component : Internal common library required for statically linking to cuBLAS,
    cuSPARSE, cuFFT, cuRAND and NPP
    Mac OSX : libculibos.a
    Linux : libculibos.a

    Component : NVIDIA Runtime Compilation Library
    Windows : nvrtc.dll, nvrtc-builtins.dll
    Mac OSX : libnvrtc.dylib, libnvrtc-builtins.dylib
    Linux : libnvrtc.so, libnvrtc-builtins.so

    Component : NVIDIA Optimizing Compiler Library
    Windows : nvvm.dll
    Mac OSX : libnvvm.dylib
    Linux : libnvvm.so

    Component : NVIDIA Common Device Math Functions Library
    Windows : libdevice.compute_20.bc, libdevice.compute_30.bc,
    libdevice.compute_35.bc
    Mac OSX : libdevice.compute_20.bc, libdevice.compute_30.bc,
    libdevice.compute_35.bc
    Linux : libdevice.compute_20.bc, libdevice.compute_30.bc,

    1.9. 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:

    1. 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

    2. 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.

    3. 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.

    4. 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
    Copyright (c) 2003-2010 University of Illinois at Urbana-Champaign.
    All rights reserved.
    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.

    5. 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 justin-
    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.
    Copyright (c) 1997-2012 University of Cambridge
    All rights reserved.
    PCRE JUST-IN-TIME COMPILATION SUPPORT
    -------------------------------------
    Written by: Zoltan Herczeg
    Email local part: hzmester
    Emain domain: freemail.hu
    Copyright(c) 2010-2012 Zoltan Herczeg
    All rights reserved.
    STACK-LESS JUST-IN-TIME COMPILER
    --------------------------------
    Written by: Zoltan Herczeg
    Email local part: hzmester
    Emain domain: freemail.hu
    Copyright(c) 2009-2012 Zoltan Herczeg
    All rights reserved.
    THE C++ WRAPPER FUNCTIONS
    -------------------------
    Contributed by: Google Inc.
    Copyright (c) 2007-2012, Google Inc.
    All rights reserved.
    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.

    6. 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:
    Copyright (c) 2007-2009, Regents of the University of California
    All rights reserved.
    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 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.

    7. 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:
    Copyright (c) 2008-2009 Davide Barbieri @ University of Rome Tor Vergata.
    All rights reserved.
    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.
    * The name of the author may not 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.

    8. Some of the cuBLAS library routines were derived from code developed by
    the University of Tennessee and are subject to the Modified Berkeley Software
    Distribution License as follows:
    Copyright (c) 2010 The University of Tennessee.
    All rights reserved.
    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 listed in this license in the documentation and/or
    other materials provided with the distribution.
    * Neither the name of the copyright holders 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
    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.

    9. Some of the cuBLAS library routines were written by or derived from code written
    by Jonathan Hogg and are subject to the Modified Berkeley Software Distribution
    License as follows:
    Copyright (c) 2012, The Science and Technology Facilities Council (STFC).
    All rights reserved.
    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 STFC 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 STFC 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.

    10. Some of the cuBLAS library routines were written by or derived from code written
    by Ahmad M. Abdelfattah, David Keyes, and Hatem Ltaief, and are subject to the
    Apache License, Version 2.0, as follows:
    -- (C) Copyright 2013 King Abdullah University of Science and Technology
    Authors:
    Ahmad Abdelfattah (ahmad.ahmad@kaust.edu.sa)
    David Keyes (david.keyes@kaust.edu.sa)
    Hatem Ltaief (hatem.ltaief@kaust.edu.sa)
    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 King Abdullah University of Science and
    Technology 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
    HOLDERS 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

    11. Some of the cuSPARSE library routines were written by or derived from code
    written by Li-Wen Chang and are subject to the NCSA Open Source License as
    follows:
    Copyright (c) 2012, University of Illinois.
    All rights reserved.
    Developed by: IMPACT Group, University of Illinois, http://
    impact.crhc.illinois.edu
    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 disclaimer.
    * 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 IMPACT Group, University of Illinois, 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.

    12. Some of the cuRAND library routines were written by or derived from code written
    by Mutsuo Saito and Makoto Matsumoto and are subject to the following license:
    Copyright (c) 2009, 2010 Mutsuo Saito, Makoto Matsumoto and Hiroshima
    University. All rights reserved.
    Copyright (c) 2011 Mutsuo Saito, Makoto Matsumoto, Hiroshima
    University and University of Tokyo. All rights reserved.
    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 Hiroshima University 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
    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.

    13. Some of the cuRAND library routines were derived from code developed by D. E.
    Shaw Research and are subject to the following license:
    Copyright 2010-2011, D. E. Shaw Research.
    All rights reserved.
    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 D. E. Shaw Research 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
    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.

    14. Licensee's use of the lz4 third party component is subject to the following terms and
    conditions:
    Copyright (C) 2011-2013, Yann Collet.
    BSD 2-Clause License (http://www.opensource.org/licenses/bsd-license.php)
    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.
    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.

    15. The NPP library uses code from the Boost Math Toolkit, and is subject to the
    following license:
    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.

    16. Portions of the Nsight Eclipse Edition is subject to the following license:
    The Eclipse Foundation makes available all content in this plug-in
    ("Content"). Unless otherwise indicated below, the Content is provided
    to you under the terms and conditions of the Eclipse Public License
    Version 1.0 ("EPL"). A copy of the EPL is available at http://
    www.eclipse.org/legal/epl-v10.html. For purposes of the EPL, "Program"
    will mean the Content.
    If you did not receive this Content directly from the Eclipse
    Foundation, the Content is being redistributed by another party
    ("Redistributor") and different terms and conditions may apply to your
    use of any object code in the Content. Check the Redistributor's
    license that was provided with the Content. If no such license exists,
    contact the Redistributor. Unless otherwise indicated below, the terms
    and conditions of the EPL still apply to any source code in the
    Content and such source code may be obtained at http://www.eclipse.org.

    Chapter 2.
    NVIDIA CORPORATION CUDA SAMPLES END
    USER LICENSE AGREEMENT

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    2.8.1. Exchange of Feedback
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    contractors or to pay royalties for any work resulting from the use of Residuals.

    2.8.3. Disclaimer of Warranty
    FEEDBACK FROM EITHER PARTY IS PROVIDED FOR THE OTHER PARTY'S
    USE "AS IS" AND BOTH PARTIES DISCLAIM ALL WARRANTIES, EXPRESS,
    IMPLIED AND STATUTORY INCLUDING, WITHOUT LIMITATION, THE IMPLIED
    WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
    OR NONINFRINGEMENT. BOTH PARTIES DO NOT REPRESENT OR WARRANT
    THAT THE FEEDBACK WILL MEET THE OTHER PARTY'S REQUIREMENTS OR
    THAT THE OPERATION OR IMPLEMENTATION OF THE FEEDBACK WILL BE
    UNINTERRUPTED OR ERROR-FREE.

    2.8.4. No Liability for Consequential Damages
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
    SHALL EITHER PARTY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
    INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
    (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
    PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR
    ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO
    USE THE FEEDBACK, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE
    POSSIBILITY OF SUCH DAMAGES.

    2.9. Freedom of Action
    Developer agrees that this Agreement is nonexclusive and NVIDIA may currently or
    in the future be developing software, other technology or confidential information
    internally, or receiving confidential information from other parties that maybe similar
    to the Feedback and Developer's confidential information (as provided in subsection 2
    above), which may be provided to NVIDIA in connection with Feedback by Developer.
    Accordingly, Developer agrees that nothing in this Agreement will be construed as a
    representation or inference that NVIDIA will not develop, design, manufacture, acquire,
    market products, or have products developed, designed, manufactured, acquired, or
    marketed for NVIDIA, that compete with the Developer's products or confidential
    information.

    2.10. Restricted Rights Notice
    Materials have been developed entirely at private expense and is commercial computer
    software 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 the license agreement under which Materials 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.

    2.11. Miscellaneous
    If any provision of this Agreement 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 Agreement may only be
    modified in writing signed by an authorized officer of NVIDIA. Developer agrees that
    it will not ship, transfer or export the Materials into any country, or use the Materials
    in any manner, prohibited by the United States Bureau of Industry and Security or any
    export laws, restrictions or regulations.

    2.12. Attachment C
    Additional Licensing Obligations
    Licensee's use of the "libfreeimage" third party component is subject to the following
    terms and conditions:
    The contents of this file are subject to the FreeImage Public License Version 1.0 (the
    "License"); you may not use this file except in compliance with the License. You may
    obtain a copy of the License at http://freeimage.sourceforge.net/freeimage-license.txt.
    Software distributed under the License is distributed on an "AS IS" basis, WITHOUT
    WARRANTY OF ANY KIND, either express or implied. See the License for the specific
    language governing rights and limitations under the License.

    Chapter 3.
    NVIDIA DRIVER LICENSE FOR CUSTOMER
    USE OF NVIDIA SOFTWARE ON WINDOWS

    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 GeForce Experience, computer software
    (including drivers downloaded in connection with GeForce Experience) 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:
    Use of NVIDIA's products requires three elements: the SOFTWARE, the hardware
    on a graphics controller board, and a personal computer (collectively, such hardware
    and personal computer is defined herein as "CUSTOMER SYSTEM"). The SOFTWARE
    is protected by copyright laws and international copyright treaties, as well as other
    intellectual property laws and treaties. The SOFTWARE is not sold, and instead is only
    licensed for use, strictly in accordance with this document. The hardware is protected
    by various patents, and is sold, but this LICENSE does not cover that sale, since it may
    not necessarily be sold as a package with the SOFTWARE. This LICENSE sets forth the
    terms and conditions of the SOFTWARE LICENSE only.

    3.1. Definitions
    3.1.1. Customer
    Customer means the entity or individual that downloads and/or installs the
    SOFTWARE.

    3.2. Grant of License
    3.2.1. Rights and Limitations of Grant
    Provided Customer complies with the terms in this LICENSE, NVIDIA hereby grants
    Customer the following non-exclusive, non-transferable right to use the SOFTWARE in
    the manner and for the purposes described in the associated printed materials, with the
    following limitations:

    3.2.1.1. 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 use within Customer's Enterprise. "Enterprise"
    shall mean individual use by Customer or any legal entity (such as a corporation or
    university) and the subsidiaries it owns by more than fifty percent (50%).

    3.2.1.2. 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. You may not remove any
    copyright notices from the SOFTWARE. The SOFTWARE is licensed as a single product.
    Its component parts may not be separated for use on more than one computer, nor
    otherwise used separately from the other parts.
    No Rental
    Customer may not rent or lease the SOFTWARE to someone else.

    3.2.2. Additional Information
    7-Zip. The SOFTWARE includes the 7-Zip software program ("7-Zip"). Use of the source
    code for 7-Zip is subject to the terms and conditions at www.7-zip.org.

    3.3. Consent to Collection and Use of Information
    Customer hereby acknowledges that the SOFTWARE accesses and collects nonpersonally
    identifiable information about Customer and CUSTOMER SYSTEM as well
    as configures CUSTOMER SYSTEM in order to (a) properly optimize such system for
    use with the SOFTWARE, (b) deliver content through the SOFTWARE, and (c) improve
    NVIDIA products and services. Information collected by the SOFTWARE includes,
    but is not limited to, CUSTOMER SYSTEM'S (a) hardware configuration and ID, (b)
    operating system and driver configuration, (c) installed games and applications, (d)
    games and applications settings, performance, and usage data, and (e) usage metrics of
    the SOFTWARE. To the extent that Customer uses the SOFTWARE, Customer hereby
    consents to all of the foregoing, and represents and warrants that Customer has the
    right to grant such consent. In addition, Customer agrees that Customer is solely
    responsible for maintaining appropriate data backups and system restore points for
    CUSTOMER SYSTEM, and that NVIDIA will have no responsibility for any damage or
    loss to CUSTOMER SYSTEM (including loss of data or access) arising from or relating
    to (a) any changes to the configuration, application settings, environment variables,
    registry, drivers, BIOS, or other attributes of CUSTOMER SYSTEM (or any part of
    CUSTOMER SYSTEM) initiated through the SOFTWARE; or (b) installation of any
    SOFTWARE or third party software patches initiated through the SOFTWARE. The
    SOFTWARE may contain links to websites and services. We encourage you to review the
    privacy statements on those sites and services that you choose to visit so that you can
    understand how they may collect, use and share your personal information. NVIDIA is
    not responsible for the privacy statements or practices of sites and services controlled by
    other companies or organizations.
    Customer and CUSTOMER SYSTEM information collection rules can be configured
    on the "Preferences" tab of GeForce Experience. For more information on NVIDIA's
    collection and use of information policies for this SOFTWARE, visit http://
    www.geforce.com/drivers/geforce-experience/faq.
    Customer represents and warrants that the non-personally identifiable information
    that Customer has furnished in connection with its registration for the SOFTWARE is
    complete and accurate. Customer also acknowledges that from time to time, NVIDIA
    may collect, use, and disclose such information about Customer and/or Customer's
    system in connection with the SOFTWARE in accordance with NVIDIA's privacy policy,
    available at URL http://www.nvidia.com/object/privacy_policy.html.

    3.4. 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.

    3.5. 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 licensors or 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. The algorithms,
    structure, organization and source code of the Software are the valuable trade secrets
    and confidential information of NVIDIA. Except as otherwise expressly provided herein,
    neither this LICENSE nor NVIDIA grants Customer any express or implied right under
    any NVIDIA patents, copyrights, trademarks, or other intellectual property rights in
    the SOFTWARE, and all rights, title and interest in and to the SOFTWARE not expressly
    granted are reserved by NVIDIA or its licensors or suppliers.

    3.6. Applicable Law
    This LICENSE shall be deemed to have been made in, and shall be construed pursuant
    to, the laws of the State of Delaware. The United Nations Convention on Contracts
    for the International Sale of Goods is specifically disclaimed. The state and/or federal
    courts residing in Santa Clara County, California shall have exclusive jurisdiction over
    any dispute or claim arising out of this Agreement. Customer may not export the
    SOFTWARE in violation of applicable export laws and regulations.

    3.7. Disclaimer of Warranties and Limitations on
    Liability

    3.7.1. No Warranties
    THE SOFTWARE IS PROVIDED "AS IS" AND TO THE MAXIMUM EXTENT
    PERMITTED BY APPLICABLE LAW, NVIDIA AND ITS SUPPLIERS DISCLAIM ALL
    WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
    TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE
    AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, you
    are solely responsible for determining and verifying that the SOFTWARE that you
    obtain and install is the appropriate version for your model of graphics controller board,
    operating system, and computer hardware.

    3.7.2. 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 DIRECT, SPECIAL,
    INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
    (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
    PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS
    INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE
    OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED
    OF THE POSSIBILITY OF SUCH DAMAGES. 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 LICENSE AGREEMENT
    SHALL NOT EXCEED ONE THOUSAND UNITED STATES DOLLARS (USD$1000).

    3.8. Miscellaneous
    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 LICENSE 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. Customer agrees that it will not
    ship, transfer or export the SOFTWARE into any country, or use the SOFTWARE in any
    manner, prohibited by the United States Bureau of Industry and Security or any export
    laws, restrictions or regulations.

    Chapter 4.
    NVIDIA DRIVER LICENSE FOR CUSTOMER
    USE OF NVIDIA SOFTWARE ON LINUX AND
    MAC OSX

    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:
    Use of NVIDIA's products requires three elements: the SOFTWARE, the hardware on
    a graphics controller board, and a personal computer. The SOFTWARE is protected by
    copyright laws and international copyright treaties, as well as other intellectual property
    laws and treaties. The SOFTWARE is not sold, and instead is only licensed for use,
    strictly in accordance with this document. The hardware is protected by various patents,
    and is sold, but this agreement does not cover that sale, since it may not necessarily
    be sold as a package with the SOFTWARE. This agreement sets forth the terms and
    conditions of the SOFTWARE LICENSE only.

    4.1. DEFINITIONS
    4.1.1. Customer
    Customer means the entity or individual that downloads the SOFTWARE.

    4.2. GRANT OF LICENSE
    4.2.1. Rights and Limitations of Grant
    NVIDIA hereby grants Customer the following non-exclusive, non-transferable right to
    use the SOFTWARE, with the following limitations:

    4.2.1.1. 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 use within Customer's Enterprise. "Enterprise"
    shall mean individual use by Customer or any legal entity (such as a corporation or
    university) and the subsidiaries it owns by more than fifty percent (50%).

    4.2.1.2. Linux/FreeBSD Exception
    Notwithstanding the foregoing terms of Section 4.2.1.1, SOFTWARE 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, provided that the binary files thereof are not modified in any way (except
    for unzipping of compressed files).

    4.2.1.3. 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.
    No Separation of Components
    The SOFTWARE is licensed as a single product. Its component parts may not be
    separated for use on more than one computer, nor otherwise used separately from the
    other parts.
    No Rental
    Customer may not rent or lease the SOFTWARE to someone else.

    4.3. 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.

    4.4. 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.

    4.5. APPLICABLE LAW
    This agreement shall be deemed to have been made in, and shall be construed pursuant
    to, the laws of the State of California.

    4.6. DISCLAIMER OF WARRANTIES AND LIMITATION
    ON LIABILITY

    4.6.1. 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 FOR A
    PARTICULAR PURPOSE.

    4.6.2. 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 OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
    LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE,
    EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    4.7. 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 that it will not ship, transfer or export the SOFTWARE into any country, or
    use the SOFTWARE in any manner, prohibited by the United States Bureau of Export
    Administration or any export laws, restrictions or regulations. This LICENSE may only
    be modified in writing signed by an authorized officer of NVIDIA.

    Chapter 5.
    NVIDIA NSIGHT DEVELOPMENT PLATFORM,
    VISUAL STUDIO EDITION SOFTWARE
    LICENSE AGREEMENT (WINDOWS ONLY)

    IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING
    Do not use or load this software and any associated materials provided by NVIDIA
    on its extranet (collectively the "Software") until You have carefully read the following
    terms and conditions. By loading or using the Software, You agree to fully comply
    with the terms and conditions of this Software License Agreement ("Agreement")
    by and between NVIDIA Corporation, a Delaware corporation with its principal
    place of business at 2701 San Tomas Expressway, Santa Clara, California 95050 U.S.A.
    ("NVIDIA"), and You. If You do not wish to so agree, do not install or use the Software.
    For the purposes of this Agreement:
    "Licensee," "You" and/or "Your" shall mean, collectively and individually, Original
    Equipment Manufacturers, Independent Hardware Vendors, Independent Software
    Vendors, and End-Users of the Software pursuant to the terms and conditions of this
    Agreement.
    "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.

    5.1. Grant of License
    NVIDIA agrees to provide the Software and any associated materials pursuant to
    this Agreement. Subject to the terms of this Agreement, NVIDIA grants to You a
    nonexclusive, transferable, worldwide, revocable, limited, royalty-free, fully paid-up
    license under NVIDIA's copyrights to install, deploy, use, have used execute, reproduce,
    display, perform, run, the object code of the Software, to create Your products to
    interoperate with NVIDIA hardware and software.
    Unless otherwise authorized in the Agreement, You shall not otherwise assign,
    sublicense, lease, or in any other way transfer or disclose Software to any third party.
    Unless otherwise authorized in the Agreement, You shall not reverse- compile,
    disassemble, reverse-engineer, or in any manner attempt to derive the source code of the
    Software from the object code portions of the Software.
    Except as expressly stated in this Agreement, no license or right is granted to You
    directly or by implication, inducement, estoppels or otherwise. NVIDIA shall have the
    right to inspect or have an independent auditor inspect Your relevant records to verify
    Your compliance with the terms and conditions of this Agreement.

    5.2. Confidentiality
    If applicable, any exchange of Confidential Information (as defined in the NDA) shall
    be made pursuant to the terms and conditions of a separately signed Non-Disclosure
    Agreement ("NDA") by and between NVIDIA and You. For the sake of clarity, You agree
    that (a) the Software; and (b) Your use of the Software/participation in the Software's
    pre-production release is considered Confidential Information of NVIDIA.
    If You wish to have a third party consultant or subcontractor ("Contractor") perform
    work on Your behalf which involves access to or use of Software, You shall obtain
    a written confidentiality agreement from the Contractor which contains terms and
    obligations with respect to access to or use of Software no less restrictive than those set
    forth in this Agreement and excluding any distribution or sublicense rights, and use for
    any other purpose than permitted in this Agreement. Otherwise, You shall not disclose
    the terms or existence of this Agreement or use NVIDIA's name in any publications,
    advertisements, or other announcements without NVIDIA's prior written consent.
    Unless otherwise provided in this Agreement, You do not have any rights to use any
    NVIDIA trademarks or logos.

    5.3. Ownership of Software and Intellectual
    Property Rights
    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 remove any copyright notices from the Software. NVIDIA may make changes
    to the Software, or to items referenced therein, at any time and without notice, but is not
    obligated to support or update the Software. Except as otherwise expressly provided,

    NVIDIA grants no express or implied right under any NVIDIA patents, copyrights,
    trademarks, or other intellectual property rights.
    You have no obligation to give NVIDIA any suggestions, comments or other feedback
    ("Feedback") relating to the Software. However, NVIDIA may use and include any
    Feedback that You voluntarily provide to improve the Software or other related
    NVIDIA technologies. Accordingly, if You provide Feedback, You agree NVIDIA and
    its licensees may freely use, reproduce, license, distribute, and otherwise commercialize
    the Feedback in the Software or other related technologies without the payment of
    any royalties or fees. You also agree that the Software may collect application specific
    session data and target device information that shall be sent to NVIDIA, solely for use
    by NVIDIA in improving the Software.

    5.4. 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 warrant or assume responsibility for the accuracy or completeness of 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.

    5.5. Limitation of Liability
    EXCEPT WITH RESPECT TO THE MISUSE OF THE OTHER PARTY'S INTELLECTUAL
    PROPERTY OR DISCLOSURE OF THE OTHER PARTY'S CONFIDENTIAL
    INFORMATION IN BREACH OF THIS AGREEMENT, IN NO EVENT SHALL
    NVIDIA, SUBSIDIARIES, LICENSORS, OR ITS SUPPLIERS BE LIABLE FOR ANY
    DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, 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 HUNDRED
    UNITED STATES DOLLARS (USD$100).

    5.6. Term
    This Agreement and the licenses granted hereunder shall be effective as of the date
    You install/download the Software ("Effective Date") and continue perpetually, unless
    terminated earlier in accordance with the "Termination" provision of this Agreement.

    5.7. Termination
    NVIDIA may terminate this Agreement at any time if You violate its terms. Upon
    termination, You will immediately destroy the Software or return all copies of the
    Software to NVIDIA, and certify to NVIDIA in writing that such actions have been
    completed.

    5.8. Miscellaneous
    5.8.1. Survival
    Those provisions in this Agreement, which by their nature need to survive the
    termination or expiration of this Agreement, shall survive termination or expiration
    of the Agreement, including but not limited to Section 5.2, Section 5.3, Section 5.4,
    Section 5.5, Section 5.7, and Section 5.8.

    5.8.2. Applicable Laws
    Claims arising under this Agreement shall be governed by the laws of Delaware,
    excluding its principles of conflict of laws and the United Nations Convention on
    Contracts for the Sale of Goods. The state and/or federal courts residing in Santa Clara
    County, California shall have exclusive jurisdiction over any dispute or claim arising out
    of this Agreement. You may not export the Software in violation of applicable export
    laws and regulations.

    5.8.3. Amendment
    The Agreement shall not be modified except by a written agreement that names this
    Agreement and any provision to be modified, is dated subsequent to the Effective Date,
    and is signed by duly authorized representatives of both parties.

    5.8.4. No Waiver
    No failure or delay on the part of either party in the exercise of any right, power or
    remedy under this Agreement or under law, or to insist upon or enforce performance by
    the other party of any of the provisions of this Agreement or under law, shall operate as
    a waiver thereof, nor shall any single or partial exercise of any right, power or remedy
    preclude other or further exercise thereof, or the exercise of any other right, power or
    remedy; rather the provision, right, or remedy shall be and remain in full force and
    effect.

    5.8.5. No Assignment
    This Agreement and Licensee's rights and obligations herein, may not be assigned,
    subcontracted, delegated, or otherwise transferred by Licensee without NVIDIA's prior
    written consent, and any attempted assignment, subcontract, delegation, or transfer in
    violation of the foregoing will be null and void. The terms of this Agreement shall be
    binding upon Licensee's assignees.

    5.8.6. Government Restricted Rights
    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, duplication 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 Agreement 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.

    5.8.7. Independent Contractors
    Licensee's relationship to NVIDIA is that of an independent contractor, and neither
    party is an agent or partner of the other. Licensee will not have, and will not represent to
    any third party that it has, any authority to act on behalf of NVIDIA.

    5.8.8. Severability
    If for any reason a court of competent jurisdiction finds any provision of this Agreement,
    or portion thereof, to be unenforceable, that provision of the Agreement will be enforced
    to the maximum extent permissible so as to affect the intent of the parties, and the
    remainder of this Agreement will continue in full force and effect. This Agreement has
    been negotiated by the parties and their respective counsel and will be interpreted fairly
    in accordance with its terms and without any strict construction in favor of or against
    either party.

    5.8.9. Entire Agreement
    This Agreement and NDA constitute the entire agreement between the parties
    with respect to the subject matter contemplated herein, and merges all prior and
    contemporaneous communications.
    MICROSOFT SOFTWARE LICENSE TERMS
    MICROSOFT DIRECTX END USER RUNTIME
    These license terms are an agreement between Microsoft Corporation (or based on
    where you live, one of its affiliates) and you. Please read them. They apply
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    * updates,
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    * Internet-based services, and
    * support services
    for this software, unless other terms accompany those items. If so, those
    terms apply.
    BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO
    NOT USE THE SOFTWARE.
    If you comply with these license terms, you have the rights below.
    1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies
    of the software on your devices.
    2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only
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    8. APPLICABLE LAW.
    a. United States. If you acquired the software in the United States,
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    The Software contains components, as listed below that are licensed to Licensee
    pursuant to the terms and conditions of their respective End User License Agreements:
    NVIDIA CUDA Samples
    NVIDIA CUDA Toolkit
    NVIDIA DirectX SDK
    More information, including licensing information, about the NVIDIA CUDA Toolkit
    and the NVIDIA CUDA Samples can be found at: http://www.nvidia.com/getcuda
    More information, including licensing information, about the NVIDIA DirectX SDK can
    be found at: http://developer.nvidia.com/object/sdk_home.html

    Chapter 6.
    NVIDIA CUDA GENERAL TERMS
    The Software, on the Windows platform, may collect non-personally identifiable
    information for the purposes of customizing information delivered to you and
    improving future versions of the Software. Such information, including IP address
    and system configuration, will only be collected on an anonymous basis and cannot be
    linked to any personally identifiable information. Personally identifiable information
    such as your username or hostname is not collected.

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