End-User License Agreement
PLEASE READ CAREFULLY BEFORE USING THIS SOFTWARE OR SOFTWARE AVAILABLE ON AN HP PRODUCT:
This End-User license Agreement ("EULA") is a legal agreement between (a) you (either an individual or a single entity) and (b) HP Inc. ("HP") that governs your use of any Software Product, installed on or made available by HP for use as a standalone product or with your HP product ("HP Product") that is not otherwise subject to a separate license agreement between you and HP or its suppliers. The term "Software Product" includes application software, firmware, operating systems, drivers, and any other types of software and may include associated media, printed materials, and online or electronic documentation. 
AN AMENDMENT OR ADDENDUM TO THIS EULA MAY ACCOMPANY THE HP PRODUCT OR THE SOFTWARE PRODUCT. IN THE EVENT OF A CONFLICT BETWEEN ANY SUCH AMENDMENT OR ADDENDUM AND THIS EULA, THE TERMS OF THE AMENDMENT OR ADDENDUM SHALL CONTROL.
RIGHTS IN THE SOFTWARE PRODUCT ARE OFFERED ONLY ON THE CONDITION THAT YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS EULA. BY INSTALLING, COPYING, DOWNLOADING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THESE LICENSE TERMS, YOUR SOLE REMEDY IS TO RETURN THE ENTIRE UNUSED PRODUCT (HARDWARE AND SOFTWARE) WITHIN 14 DAYS FOR A REFUND SUBJECT TO THE REFUND POLICY OF YOUR PLACE OF PURCHASE.
THIS EULA IS A GLOBAL AGREEMENT AND IS NOT SPECIFIC TO ANY PARTICULAR COUNTRY, STATE OR TERRITORY. IF YOU ACQUIRED THE HP PRODUCT OR THE SOFTWARE PRODUCT AS A CONSUMER WITHIN THE MEANING OF RELEVANT CONSUMER LEGISLATION IN YOUR COUNTRY, STATE OR TERRITORY, THEN DESPITE ANYTHING TO THE CONTRARY IN THIS EULA, NOTHING IN THIS EULA AFFECTS ANY NON-EXCLUDABLE STATUTORY RIGHTS OR REMEDIES THAT YOU MAY HAVE UNDER SUCH CONSUMER LEGISLATION; THIS EULA IS SUBJECT TO THOSE RIGHTS AND REMEDIES. 
1. GRANT OF LICENSE.  HP grants you the following rights provided you comply with all terms and conditions of this EULA:
a. Use.  You may use the Software Product on a single HP Product. If the Software Product is provided to you via the internet and was originally licensed for use on more than one HP Product, you may install and use the Software Product only on those HP Products. You may not separate component parts of the Software Product for use on more than one HP Product. You do not have the right to distribute the Software Product. You may load the Software Product into your HP Product’s temporary memory (RAM) for purposes of using the Software Product.
b. Storage.  You may copy the Software Product into the local memory or storage device of the HP Product.
c. Copying.  You may make archival or back-up copies of the Software Product, provided the copy contains all of the original Software Product's proprietary notices and that it is used only for back-up purposes.
d. Reservation of Rights.  To the maximum extent permitted by applicable law, HP and its suppliers reserve all rights not expressly granted to you in this EULA.
e. Freeware.  Notwithstanding the terms and conditions of this EULA, all or any portion of the Software Product which constitutes non-proprietary HP software or software provided under public license by third parties ("Freeware"), is licensed to you subject to the terms and conditions of the software license agreement accompanying such Freeware whether in the form of a discrete agreement, shrink wrap license or electronic license terms accepted at time of download. Use of the Freeware by you shall be governed entirely by the terms and conditions of such license.
f. Recovery Solution.  Any software recovery solution provided with/for your HP Product, whether in the form of a hard disk drive-based solution, an external media-based recovery solution (e.g. CD or DVD) or an equivalent solution delivered in any other form, may only be used for restoring the hard disk of the HP Product with/for which the recovery solution was originally purchased. The use of any Microsoft operating system software contained in such recovery solution shall be governed by the Microsoft License Agreement.
2. UPGRADES.  To use a Software Product identified as an upgrade, you must first be licensed for the original Software Product identified by HP as eligible for the upgrade. After upgrading, you may no longer use the original Software Product that formed the basis for your upgrade eligibility as a separate Software Product.
3. ADDITIONAL SOFTWARE.  This EULA applies to updates or supplements to the original Software Product provided by HP unless HP provides other terms along with the update or supplement. In case of a conflict between such terms, the other terms will prevail.
4. TRANSFER.
a. Third Party.  The initial user of the Software Product may make a one-time transfer of the Software Product to another end user. Any transfer must include all component parts, media, printed materials, this EULA, and if applicable, the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred product must agree to all the EULA terms. Upon transfer of the Software Product, your license is automatically terminated.
b. Restrictions.  You may not rent, lease, or lend the Software Product or use the Software Product for commercial timesharing or bureau use. You may not sublicense, assign, or transfer the license or Software Product except as expressly provided in this EULA.
5. PROPRIETARY RIGHTS.  All intellectual property rights in the Software Product and user documentation are owned by HP or its suppliers and are protected by law, including but not limited to United States copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions. You shall not remove any product identification, copyright notices, or proprietary restrictions from the Software Product.
6. LIMITATION ON REVERSE ENGINEERING.  You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that the right to do so is mandated under applicable law notwithstanding this limitation or it is expressly provided for in this EULA.
7. TERM.  This EULA is effective unless terminated or rejected. This EULA will also terminate upon conditions set forth elsewhere in this EULA or if you fail to comply with any term or condition of this EULA.
8. NOTICE OF DATA COLLECTION.  HP and its affiliates may collect, combine, and use device and individual user information you provide in relation to support services related to the Software Product. HP will not use this information to market to you without your consent. Learn More about HP data collection practices at www.hp.com/go/privacy.
9. DISCLAIMER OF WARRANTIES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HP AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES, DUTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES: (i) OF FITNESS FOR A PARTICULAR PURPOSE; (ii) OF MERCHANTABILITY; (iii) OF TITLE, (iv) OF NONINFRINGEMENT, (v) THAT THE SOFTWARE PRODUCT WILL FUNCTION WITH NON-HP SUPPLIES OR ACCESSORIES; AND (vi) OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE PRODUCT. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in its entirety.
10. LIMITATION OF LIABILITY.  Subject to local law, notwithstanding any damages that you might incur, the entire liability of HP and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you separately for the Software Product or U.S. $5.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HP OR ITS SUPPLIERS BE LIABLE FOR (A) ANY LOSS OF PROFITS, BUSINESS, REVENUE, ANTICIPATED SAVINGS, GOODWILL, DATA, OR CONTRACTS, (B) ANY TYPE OF SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, (C) BUSINESS INTERRUPTION, (D) PERSONAL INJURY, OR (E) LOSS OF PRIVACY, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IF HP OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states/jurisdictions do not allow the exclusion or limitation of incidental, consequential, product liability, or certain direct damages, so the above limitation or exclusion may not apply to you.
11. U.S. GOVERNMENT CUSTOMERS.  Consistent with FAR 12.211 and 12.212, Commercial Computer Software, Computer Software Documentation, and Technical Data for Commercial Items are licensed to the U.S. Government under HP's standard commercial license.
12. COMPLIANCE WITH EXPORT LAWS.  You shall comply with all laws and regulations of the United States and other countries ("Export Laws") to assure that the Software Product is not (1) exported, directly or indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws, including, without limitation, nuclear.
13. CAPACITY AND AUTHORITY TO CONTRACT.  You represent that you are of the legal age of majority in your state or country of residence and, if applicable, you are duly authorized by your employer to enter into this contract.
14. APPLICABLE LAW.  If the Software Product is provided as part of an HP Product, this EULA is governed by the laws of the country, state, or territory in which the HP Product was purchased. If the Software Product is being licensed to you as a standalone product, this EULA is governed by the laws of the State of California, U.S.A.
15. ENTIRE AGREEMENT.  This EULA (including any addendum or amendment to this EULA which is included with the HP Product) is the entire agreement between you and HP relating to the Software Product, and this EULA supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software Product or any other subject matter covered by this EULA. To the extent the terms of any HP policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. Should any term, condition or provision of this EULA be held invalid or unenforceable as to any party or circumstance, such ruling shall not affect the validity and enforceability of the remaining terms, conditions, and provisions of this EULA.
16. CONSUMER RIGHTS.  Consumers in some countries, states, or territories may have the benefit of certain statutory rights, remedies, localizations, and limitations under consumer legislation in respect of which HP’s liability cannot lawfully be excluded or limited. Notwithstanding anything to the contrary in this EULA, if you acquired the HP Product or licensed the Software Product as a consumer within the meaning of relevant consumer legislation in your country, state, or territory, the provisions of this EULA (including the disclaimers of warranties, limitations and exclusion of liability) must be read subject to applicable law and apply only to the maximum extent permitted by such applicable law. For example: 
AUSTRALIA:  If you acquired the Software Product as a consumer within the meaning of the ‘Australian Consumer Law’ under the Australian Competition and Consumer Act 2010 (Cth), then despite any other provision of this EULA:
(1) The Software Product comes with guarantees that cannot be excluded under the Australian Consumer Law, including that goods will be of acceptable quality and services will be supplied with due care and skill. If HP fails to comply with any such consumer guarantee, HP’s or HP’s licensors’ liability is limited to the following:
(A) in connection with the provision of warranty and support services for the Software Product, to any one or more of the following (at HP’s discretion): (i) the supplying of the services again; or (ii) the payment of the costs of having the services supplied again; and
(B) in connection with the provision of the Software Product, to any one or more of the following (at HP’s discretion): (i) the replacement of the Software Product or the supply of equivalent software; (ii) the repair of the Software Product; (iii) the payment of the costs of replacing the Software Product or of acquiring equivalent software; or (iv) the payment of the costs of having the Software Product repaired; and
(C) otherwise, to the maximum extent permitted by law;
(2) Nothing in this EULA excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition implied or imposed by the Australian Consumer Law which cannot be lawfully excluded or limited; and
(3) The benefits provided to you by the warranties in this EULA are in addition to other rights and remedies available to you under applicable law in relation to the goods or services to which the warranty relates.
If you think that you are entitled to any warranty under this EULA or any of the above remedies, please contact HP at:
HP PPS Australia Pty Ltd
353 Burwood Hwy
Forest Hill
VIC 3131
Australia 
To initiate a support request or warranty claim, please call 13 10 47 (within Australia) or +61 2 8278 1039 (if dialing internationally) or visit www.hp.com.au and select the “Customer Service” option for the most current list of phone support numbers.
NEW ZEALAND:  If you are purchasing goods for personal, domestic or household use or consumption and not for the purpose of a business as a New Zealand consumer, you are entitled to repair, replacement, or refund for a failure, as well as compensation for other reasonably foreseeable loss or damage as a result of the failure.
© Copyright 2015, 2021 HP Development Company, L.P. 
The information contained herein is subject to change without notice. The only warranties for HP products and services are set forth in the express warranty statements accompanying such products and services. Nothing herein should be construed as constituting an additional warranty. HP shall not be liable for technical or editorial errors or omissions contained herein. 
Third Edition: June 2021
First Edition: August 2015
Document Part Number: 817678-003

Intel End User License Agreement
The terms of the software license agreement included with any software you download will control your use of the software.
INTEL SOFTWARE LICENSE AGREEMENT 
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING. 
Do not use or load this software and any associated materials (collectively, the "Software") until you have carefully read the following terms and conditions. By loading or using the Software, you agree to the terms of this Agreement. If you do not wish to so agree, do not install or use the Software.
LICENSES: Please Note:
- If you are a network administrator, the "Site License" below shall apply to you.
- If you are an end user, the "Single User License" shall apply to you.
- If you are an original equipment manufacturer (OEM), the "OEM License" shall apply to you.
SITE LICENSE. You may copy the Software onto your organization's computers for your organization's use, and you may make a reasonable number of back-up copies of the Software, subject to these conditions:
1. This Software is licensed for use only in conjunction with Intel component products. Use of the Software in conjunction with non-Intel component products is not licensed hereunder. 
2. You may not copy, modify, rent, sell, distribute or transfer any part of the Software except as provided in this Agreement, and you agree to prevent unauthorized copying of the Software.
3. You may not reverse engineer, decompile, or disassemble the Software. 
4. You may not sublicense or permit simultaneous use of the Software by more than one user.
5. The Software may include portions offered on terms in addition to those set out here, as set out in a license accompanying those portions. 
SINGLE USER LICENSE. You may copy the Software onto a single computer for your personal, noncommercial use, and you may make one backup copy of the Software, subject to these conditions:
1. This Software is licensed for use only in conjunction with Intel component products. Use of the Software in conjunction with non-Intel component products is not licensed hereunder. 
2. You may not copy, modify, rent, sell, distribute or transfer any part of the Software except as provided in this Agreement, and you agree to prevent unauthorized copying of the Software.
3. You may not reverse engineer, decompile, or disassemble the Software. 
4. You may not sublicense or permit simultaneous use of the Software by more than one user.
5. The Software may include portions offered on terms in addition to those set out here, as set out in a license accompanying those portions. 
OEM LICENSE: You may reproduce and distribute the Software only as an integral part of or incorporated in Your product or as a standalone Software maintenance update for existing end users of Your products, excluding any other standalone products, subject to these conditions:
1. This Software is licensed for use only in conjunction with Intel component products. Use of the Software in conjunction with non-Intel component products is not licensed hereunder.
2. You may not copy, modify, rent, sell, distribute or transfer any part of the Software except as provided in this Agreement, and you agree to prevent unauthorized copying of the Software.
3. You may not reverse engineer, decompile, or disassemble the Software. 
4. You may only distribute the Software to your customers pursuant to a written license agreement. Such license agreement may be a "break-the-seal" license agreement. At a minimum such license shall safeguard Intel's ownership rights to the Software.
5. The Software may include portions offered on terms in addition to those set out here, as set out in a license accompanying those portions.
NO OTHER RIGHTS. No rights or licenses are granted by Intel to You, expressly or by implication, with respect to any proprietary information or patent, copyright, mask work, trademark, trade secret, or other intellectual property right owned or controlled by Intel, except as expressly provided in this Agreement.
OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software remains with Intel 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. Intel may make changes to the Software, or to items referenced therein, at any time without notice, but is not obligated to support or update the Software. Except as otherwise expressly provided, Intel grants no express or implied right under Intel patents, copyrights, trademarks, or other intellectual property rights. You may transfer the Software only if the recipient agrees to be fully bound by these terms and if you retain no copies of the Software.
LIMITED MEDIA WARRANTY. If the Software has been delivered by Intel on physical media, Intel warrants the media to be free from material physical defects for a period of ninety days after delivery by Intel. If such a defect is found, return the media to Intel for replacement or alternate delivery of the Software as Intel may select.
EXCLUSION OF OTHER WARRANTIES. EXCEPT AS PROVIDED ABOVE, 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. Intel does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software.
LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INTEL 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. 
TERMINATION OF THIS AGREEMENT. Intel 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 Intel.
APPLICABLE LAWS. Claims arising under this Agreement shall be governed by the laws of California, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. You may not export the Software in violation of applicable export laws and regulations. 
Intel is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Intel.
GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Software by the Government constitutes acknowledgment of Intel's proprietary rights therein. Contractor or Manufacturer is Intel 2200 Mission College Blvd., Santa Clara, CA 95052.

AMD Overclocking Disclaimer
WARNING: AMD processors, including chipsets, CPUs, APUs and GPUs (collectively and individually “AMD processor”), are intended to be operated only within their associated specifications and factory settings. Operating your AMD processor outside of official AMD specifications or outside of factory settings, including but not limited to the conducting of overclocking (including use of this overclocking software, even if such software has been directly or indirectly provided by AMD or an entity otherwise affiliated in any way with AMD), may damage your processor, affect the operation of your processor or the security features therein and/or lead to other problems, including but not limited to damage to your system components (including your motherboard and components thereon (e.g., memory)), system instabilities (e.g., data loss and corrupted images), reduction in system performance, shortened processor, system component and/or system life, and in extreme cases, total system failure. AMD does not provide support or service for issues or damages related to use of an AMD processor outside of official AMD specifications or outside of factory settings. You may also not receive support or service from your board or system manufacturer. Please make sure you have saved all important data before using this overclocking software. DAMAGES CAUSED BY USE OF YOUR AMD PROCESSOR OUTSIDE OF OFFICIAL AMD SPECIFICATIONS OR OUTSIDE OF FACTORY SETTINGS ARE NOT COVERED UNDER ANY AMD PRODUCT WARRANTY AND MAY NOT BE COVERED BY YOUR BOARD OR SYSTEM MANUFACTURER’S WARRANTY.

WARNING: This software may contain code directly or indirectly provided by AMD or an entity otherwise affiliated with AMD that may disable or alter: (1) software including features and functions in the operating system, drivers and applications, and other system settings; and (2) system services. WHEN THE MATERIALS ARE USED TO DISABLE OR ALTER THESE ITEMS IN WHOLE OR PART, YOU MAY EXPERIENCE (A) INCREASED RISKS THAT CERTAIN SECURITY FUNCTIONS DO NOT FUNCTION THEREBY EXPOSING YOUR COMPUTER SYSTEM TO POTENTIAL SECURITY THREATS, INCLUDING WITHOUT LIMITATION HARM FROM VIRUSES, WORMS, AND OTHER HARMFUL SOFTWARE; (B) PERFORMANCE AND INTEROPERABILITY ISSUES THAT MAY ADVERSELY AFFECT YOUR EXPERIENCE AND THE STABILITY OF YOUR COMPUTING SYSTEM; AND (C) OTHER EXPERIENCES RESULTING IN ADVERSE EFFECTS, INCLUDING BUT NOT LIMITED TO DATA CORRUPTION OR LOSS. BY USING THIS SOFTWARE YOU AGREE TO ACCEPT ALL RISK AND LIABILITY ARISING FROM OR RELATING TO SUCH USE.

NVIDIA Corporation
End User License Agreement - NVAPI SDK
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING 
Do not use or load the NVIDIA NVAPI software tools and any associated materials provided by NVIDIA (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 End User License Agreement – NVAPI SDK ("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. 
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. 
For the purposes of this Agreement:
"Licensee", "You" and/or "Your" shall mean, collectively and individually, the company or end-user who has installed, and / or used the Software pursuant to the terms and conditions of this Agreement.
"Derivative Works" shall mean derivatives of the Software created by You or a third party on Your behalf, which term shall include: (a) for copyrightable or copyrighted material, any translation, abridgement, revision or other form in which an existing work may be recast, transformed or adapted; (b) for work protected by topography or mask right, any translation, abridgement, revision or other form in which an existing work may be recast, transformed or adapted; (c) for patentable or patented material, any Improvement; and (d) for material protected by trade secret, any new material derived from or employing such existing trade secret.
"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.
SECTION 1 - GRANT OF LICENSE; RESTRICTIONS.
License Grant.
NVIDIA agrees to provide the Software and any associated materials pursuant to the terms and conditions of 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, execute, reproduce, display, perform, and run the Software on a single computer internally within Your Enterprise.  "Enterprise" shall mean individual use by You or any legal entity (such as a corporation or university) and the subsidiaries You own by more than 50 percent.
Restrictions.
Except as expressly authorized in this Agreement, You agree that You will not (nor allow third parties to): (i) copy and use software that was licensed to you for use in one or more devices in other unlicensed devices (provided that copies solely for backup purposes are allowed); (ii) reverse engineer, decompile, disassemble (except to the extent applicable laws specifically requires that such activities be permitted) or attempt to derive the source code, underlying ideas, algorithm or structure of software provided to you in object code form; (iii) sell, transfer, assign, distribute, rent, loan, lease, sublicense or otherwise make available the Software or its functionality to third parties (a) as an application services provider or service bureau, (b) by operating hosted/virtual system environments, (c) by hosting, time sharing or providing any other type of services, or (d) otherwise by means of the internet; (iv) modify, translate or otherwise create any modifications or Derivative Works of any of the Software; (v) remove, alter, cover or obscure any proprietary notice that appears on or with the Software or any copies thereof; (vi) use the Software, or allow its use, transfer, transmission or export in violation of any export control laws or regulations administered by the United States government; (vii) distribute, permit access to, or sublicense the Software as a stand-alone product; (viii) bypass, disable, circumvent or remove any form of copy protection, encryption, security or digital rights management or authentication mechanism used by NVIDIA in connection with the Software, or use the Software together with any authorization code, serial number, or other copy protection device not supplied by NVIDIA directly or through an authorized reseller; (ix) use the Software for the purpose of developing competing products or technologies or assisting a third party in such activities; (x) disclose the results of any benchmarking or other competitive analysis relating to the Software without the prior written permission from NVIDIA; or (xi) use the Software in any manner that would cause the Software to become subject to an Open Source License. Nothing in this Agreement shall be construed to give you a right to use, or otherwise obtain access to, any source code from which the software or any portion thereof is compiled or interpreted. “Open Source License” includes, without limitation, a software license that requires as a condition of use, modification, and/or distribution of such software that the software be (x) disclosed or distributed in source code form; (y) be licensed for the purpose of making derivative works; or (z) be redistributable at no charge.
Third Party License Obligations. 
You acknowledge and agree that the Software may include or incorporate third party technology (collectively “Third Party Components”), which is provided for use in or with the software and not otherwise used separately. If the Software includes or incorporates Third Party Components, then the third-party pass-through terms and conditions (“Third Party Terms”) for the particular Third Party Component will be bundled with the software or otherwise made available online as indicated by NVIDIA and will be incorporated by reference into this Agreement. In the event of any conflict between the terms in this Agreement and the Third Party Terms, the Third Party Terms shall govern. Copyright to Third Party Components are held by the copyright holders indicated in the copyright notices indicated in the Third Party Terms. 
Except as expressly stated in this Agreement, no license or right is granted to You directly or by implication, inducement, estoppel 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. 
SECTION 2 - CONFIDENTIALITY.
You will not use NVIDIA’s Confidential Information, except as necessary for the performance of this Agreement. You will use all reasonable efforts to maintain the confidentiality of all of NVIDIA’s Confidential Information in Your possession or control, but in no event less than the efforts that You ordinarily use with respect to Your own Confidential Information of similar nature and importance. The foregoing obligations will not restrict You from disclosing NVIDIA’s Confidential Information or the terms and conditions of this Agreement as required under applicable securities regulations or pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that You, if required to make such a disclosure (i) give reasonable notice to NVIDIA to enable it to contest such order or requirement prior to its disclosure (whether through protective orders or otherwise), (ii) use reasonable effort to obtain confidential treatment or similar protection to the fullest extent possible to avoid public disclosure, and (iii) disclose only the minimum amount of information necessary to comply with such requirements.
 “Confidential Information” means the Software (unless made publicly available by NVIDIA without confidentiality obligations), and any NVIDIA business, marketing, pricing, research and development, know-how, technical, scientific, financial status, proposed new products or other information disclosed by NVIDIA to You which, at the time of disclosure, is designated in writing as confidential or proprietary (or like written designation), or orally identified as confidential or proprietary or is otherwise reasonably identifiable by parties exercising reasonable business judgment as confidential. Confidential Information does not and will not include information that: (i) is or becomes generally known to the public through no fault of or breach of this Agreement by the receiving party; (ii) is rightfully known by the receiving party at the time of disclosure without an obligation of confidentiality; (iii) is independently developed by the receiving party without use of the disclosing party’s Confidential Information; or (iv) is rightfully obtained by the receiving party from a third party without restriction on use or disclosure.
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.
SECTION 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.
SECTION 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. 
SECTION 5 - LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, 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).
SECTION 6 - TERM.
This Agreement and the licenses granted hereunder shall be effective as of the date You download/install the applicable Software ("Effective Date") and shall remain in effect unless and until terminated in accordance with the "Termination" provision of this Agreement. 
SECTION 7 - TERMINATION.
NVIDIA may terminate this Agreement at any time if You violate its terms. Upon termination or expiration of this Agreement the license grants to You shall terminate. 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. 
SECTION 8 - MISCELLANEOUS.
SECTION 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 Sections 2, 3, 4, 5, 7, and 8. 
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 8.9 - ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contemplated herein, and merges all prior and contemporaneous communications.