Eula 3
Eula 3
The Software License Agreement in Chapter 1 and the Supplement in Chapter 2 contain
license terms and conditions that govern the use of NVIDIA software. By accepting this
agreement, you agree to comply with all the terms and conditions applicable to the product(s)
included herein.
NVIDIA Driver
Description
This package contains the operating system driver and fundamental system software
components for NVIDIA GPUs.
Linux platform:
/usr/local/cuda-#.#
Mac platform:
/Developer/NVIDIA/CUDA-#.#
Linux platform:
/usr/local/cuda-#.#/samples
and
$HOME/NVIDIA_CUDA-#.#_Samples
Mac platform:
/Developer/NVIDIA/CUDA-#.#/samples
1.1. License
1.1.1. License Grant
Subject to the terms of this Agreement, NVIDIA hereby grants you a non-exclusive, non-
transferable license, without the right to sublicense (except as expressly provided in this
Agreement) to:
1. Install and use the SDK,
2. Modify and create derivative works of sample source code delivered in the SDK, and
3. Distribute those portions of the SDK that are identified in this Agreement as distributable,
as incorporated in object code format into a software application that meets the
distribution requirements indicated in this Agreement.
If you are an academic institution you may allow users enrolled or employed by the academic
institution to access and use the SDK from your secure network.
You are responsible for the compliance with the terms of this Agreement by your authorized
users. If you become aware that your authorized users didn’t follow the terms of this
Agreement, you agree to take reasonable steps to resolve the non-compliance and prevent
new occurrences.
1.1.5. Updates
NVIDIA may, at its option, make available patches, workarounds or other updates to this SDK.
Unless the updates are provided with their separate governing terms, they are deemed part of
the SDK licensed to you as provided in this Agreement. You agree that the form and content of
the SDK that NVIDIA provides may change without prior notice to you. While NVIDIA generally
maintains compatibility between versions, NVIDIA may in some cases make changes that
introduce incompatibilities in future versions of the SDK.
1.2. Limitations
The following license limitations apply to your use of the SDK:
1. You may not reverse engineer, decompile or disassemble, or remove copyright or other
proprietary notices from any portion of the SDK or copies of the SDK.
2. Except as expressly provided in this Agreement, you may not copy, sell, rent, sublicense,
transfer, distribute, modify, or create derivative works of any portion of the SDK. For
clarity, you may not distribute or sublicense the SDK as a stand-alone product.
3. Unless you have an agreement with NVIDIA for this purpose, you may not indicate that an
application created with the SDK is sponsored or endorsed by NVIDIA.
4. You may not bypass, disable, or circumvent any encryption, security, digital rights
management or authentication mechanism in the SDK.
5. You may not use the SDK in any manner that would cause it to become subject to an
open source software license. As examples, licenses that require as a condition of use,
modification, and/or distribution that the SDK be:
a). Disclosed or distributed in source code form;
b). Licensed for the purpose of making derivative works; or
c). Redistributable at no charge.
6. You acknowledge that the SDK as delivered is not tested or certified by NVIDIA for use in
connection with the design, construction, maintenance, and/or operation of any system
where the use or failure of such system could result in a situation that threatens the
safety of human life or results in catastrophic damages (each, a "Critical Application").
Examples of Critical Applications include use in avionics, navigation, autonomous vehicle
applications, ai solutions for automotive products, military, medical, life support or other
life critical applications. NVIDIA shall not be liable to you or any third party, in whole or
in part, for any claims or damages arising from such uses. You are solely responsible for
ensuring that any product or service developed with the SDK as a whole includes sufficient
features to comply with all applicable legal and regulatory standards and requirements.
7. You agree to defend, indemnify and hold harmless NVIDIA and its affiliates, and their
respective employees, contractors, agents, officers and directors, from and against
any and all claims, damages, obligations, losses, liabilities, costs or debt, fines,
restitutions and expenses (including but not limited to attorney’s fees and costs incident to
1.3. Ownership
1. NVIDIA or its licensors hold all rights, title and interest in and to the SDK and its
modifications and derivative works, including their respective intellectual property rights,
subject to your rights under Section 1.3.2. This SDK may include software and materials
from NVIDIA’s licensors, and these licensors are intended third party beneficiaries that
may enforce this Agreement with respect to their intellectual property rights.
2. You hold all rights, title and interest in and to your applications and your derivative works
of the sample source code delivered in the SDK, including their respective intellectual
property rights, subject to NVIDIA’s rights under Section 1.3.1.
3. You may, but don’t have to, provide to NVIDIA suggestions, feature requests or other
feedback regarding the SDK, including possible enhancements or modifications to the
SDK. For any feedback that you voluntarily provide, you hereby grant NVIDIA and its
affiliates a perpetual, non-exclusive, worldwide, irrevocable license to use, reproduce,
modify, license, sublicense (through multiple tiers of sublicensees), and distribute (through
multiple tiers of distributors) it without the payment of any royalties or fees to you. NVIDIA
will use feedback at its choice. NVIDIA is constantly looking for ways to improve its
products, so you may send feedback to NVIDIA through the developer portal at https://
developer.nvidia.com.
1.4. No Warranties
THE SDK IS PROVIDED BY NVIDIA “AS IS” AND “WITH ALL FAULTS.” TO THE MAXIMUM
EXTENT PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THE ABSENCE OF ANY DEFECTS
THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE ON THE BASIS OF TRADE
USAGE, COURSE OF DEALING OR COURSE OF TRADE.
1.6. Termination
1. This Agreement will continue to apply until terminated by either you or NVIDIA as
described below.
2. If you want to terminate this Agreement, you may do so by stopping to use the SDK.
3. NVIDIA may, at any time, terminate this Agreement if:
a). (i) you fail to comply with any term of this Agreement and the non-compliance is not
fixed within thirty (30) days following notice from NVIDIA (or immediately if you violate
NVIDIA’s intellectual property rights);
b). (ii) you commence or participate in any legal proceeding against NVIDIA with respect to
the SDK; or
c). (iii) NVIDIA decides to no longer provide the SDK in a country or, in NVIDIA’s sole
discretion, the continued use of it is no longer commercially viable.
4. Upon any termination of this Agreement, you agree to promptly discontinue use of the SDK
and destroy all copies in your possession or control. Your prior distributions in accordance
with this Agreement are not affected by the termination of this Agreement. Upon written
request, you will certify in writing that you have complied with your commitments under
this section. Upon any termination of this Agreement all provisions survive except for the
license grant provisions.
1.7. General
If you wish to assign this Agreement or your rights and obligations, including by merger,
consolidation, dissolution or operation of law, contact NVIDIA to ask for permission. Any
attempted assignment not approved by NVIDIA in writing shall be void and of no effect. NVIDIA
may assign, delegate or transfer this Agreement and its rights and obligations, and if to a non-
affiliate you will be notified.
You agree to cooperate with NVIDIA and provide reasonably requested information to verify
your compliance with this Agreement.
This Agreement will be governed in all respects by the laws of the United States and of the
State of Delaware as those laws are applied to contracts entered into and performed entirely
within Delaware by Delaware residents, without regard to the conflicts of laws principles.
The United Nations Convention on Contracts for the International Sale of Goods is specifically
disclaimed. You agree to all terms of this Agreement in the English language.
The state or federal courts residing in Santa Clara County, California shall have exclusive
jurisdiction over any dispute or claim arising out of this Agreement. Notwithstanding this, you
agree that NVIDIA shall still be allowed to apply for injunctive remedies or an equivalent type
of urgent legal relief in any jurisdiction.
If any court of competent jurisdiction determines that any provision of this Agreement is
illegal, invalid or unenforceable, such provision will be construed as limited to the extent
necessary to be consistent with and fully enforceable under the law and the remaining
provisions will remain in full force and effect. Unless otherwise specified, remedies are
cumulative.
Each party acknowledges and agrees that the other is an independent contractor in the
performance of this Agreement.
The SDK has been developed entirely at private expense and is “commercial items” consisting
of “commercial computer software” and “commercial computer software documentation”
provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government
or a U.S. Government subcontractor is subject to the restrictions in this Agreement pursuant
to DFARS 227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2) of the Commercial
Computer Software - Restricted Rights clause at FAR 52.227-19, as applicable. Contractor/
manufacturer is NVIDIA, 2788 San Tomas Expressway, Santa Clara, CA 95051.
The SDK is subject to United States export laws and regulations. You agree that you will not
ship, transfer or export the SDK into any country, or use the SDK in any manner, prohibited
by the United States Bureau of Industry and Security or economic sanctions regulations
administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC),
or any applicable export laws, restrictions or regulations. These laws include restrictions on
destinations, end users and end use. By accepting this Agreement, you confirm that you are
not a resident or citizen of any country currently embargoed by the U.S. and that you are not
otherwise prohibited from receiving the SDK.
Any notice delivered by NVIDIA to you under this Agreement will be delivered via mail, email
or fax. You agree that any notices that NVIDIA sends you electronically will satisfy any legal
communication requirements. Please direct your legal notices or other correspondence to
NVIDIA Corporation, 2788 San Tomas Expressway, Santa Clara, California 95051, United States
of America, Attention: Legal Department.
This Agreement and any exhibits incorporated into this Agreement constitute the entire
agreement of the parties with respect to the subject matter of this Agreement and supersede
all prior negotiations or documentation exchanged between the parties relating to this SDK
license. Any additional and/or conflicting terms on documents issued by you are null, void,
and invalid. Any amendment or waiver under this Agreement shall be in writing and signed by
representatives of both parties.
The terms in this supplement govern your use of the NVIDIA CUDA Toolkit SDK under the
terms of your license agreement (“Agreement”) as modified by this supplement. Capitalized
terms used but not defined below have the meaning assigned to them in the Agreement.
This supplement is an exhibit to the Agreement and is incorporated as an integral part of the
Agreement. In the event of conflict between the terms in this supplement and the terms in the
Agreement, the terms in this supplement govern.
2.2. Distribution
The portions of the SDK that are distributable under the Agreement are listed in Attachment A.
2.5. Licensing
If the distribution terms in this Agreement are not suitable for your organization, or for any
questions regarding this Agreement, please contact NVIDIA at nvidia-compute-license-
[email protected].
2.6. Attachment A
The following CUDA Toolkit files may be distributed with Licensee Applications developed
by you, including certain variations of these files that have version number or architecture
specific information embedded in the file name - as an example only, for release version 9.0 of
the 64-bit Windows software, the file cudart64_90.dll is redistributable.
The NVIDIA CUDA Driver Libraries are only distributable in applications that meet this criteria:
1. The application was developed starting from a NVIDIA CUDA container obtained from
Docker Hub or the NVIDIA GPU Cloud, and
2. The resulting application is packaged as a Docker container and distributed to users on
Docker Hub or the NVIDIA GPU Cloud only.
In addition to the rights above, for parties that are developing software intended solely for use
on Jetson development kits or Jetson modules, and running Linux for Tegra software, the
following shall apply:
‣ The SDK may be distributed in its entirety, as provided by NVIDIA, and without separation
of its components, for you and/or your licensees to create software development kits for
use only on the Jetson platform and running Linux for Tegra software.
2.7. Attachment B
Additional Licensing Obligations
The following third party components included in the SOFTWARE are licensed to Licensee
pursuant to the following terms and conditions:
1. Licensee's use of the GDB third party component is subject to the terms and conditions of
GNU GPL v3:
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 [email protected]. 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
. . . .
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
Developed by:
LLVM Team
http://llvm.org
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
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 just-
in-time compiler that can be used to optimize pattern matching. These are
both optional features that can be omitted when the library is built.
* 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
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
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.
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.
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).
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 ([email protected])
David Keyes ([email protected])
Hatem Ltaief ([email protected])
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.
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.
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.
14.Some of the Math library routines were written by or derived from code developed by
Norbert Juffa and are subject to the following license:
Copyright (c) 2015-2017, Norbert Juffa
All rights reserved.
15.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)
16.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
. . . .
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.
18.Some of the cuBLAS library routines uses code from OpenAI, which is subject to the
following license:
License URL
https://github.com/openai/openai-gemm/blob/master/LICENSE
License Text
The MIT License
The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.
19.Licensee's use of the Visual Studio Setup Configuration Samples is subject to the following
license:
The MIT License (MIT)
Copyright (C) Microsoft Corporation. All rights reserved.
The above copyright notice and this permission notice shall be included
in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
20.Licensee's use of linmath.h header for CPU functions for GL vector/matrix operations
from lunarG is subject to the Apache License Version 2.0.
21.The DX12-CUDA sample uses the d3dx12.h header, which is subject to the MIT license .