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of NVIDIA Soft ware ("LICENSE") is the agreement which governs use of the software of NVIDIA Co rporation and its subsidiaries ("NVIDIA") downloadable herefrom, including GeFor ce Experience, computer software (including drivers downloaded in connection wit h GeForce Experience) and associated printed materials ("SOFTWARE"). By download ing, 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 hardwar e and personal computer is defined herein as "CUSTOMER SYSTEM"). The SOFTWARE is protected by copyright laws and international copyright treaties, as well as ot her intellectual property laws and treaties. The SOFTWARE is not sold, and inste ad is only licensed for use, strictly in accordance with this document. The hard ware is protected by various patents, and is sold, but this LICENSE does not cov er that sale, since it may not necessarily be sold as a package with the SOFTWAR E. This LICENSE sets forth the terms and conditions of the SOFTWARE LICENSE only . 1. DEFINITIONS 1.1 Customer. Customer means the entity or individual that downloads and/or inst alls the SOFTWARE. 2. GRANT OF LICENSE 2.1 Rights and Limitations of Grant. Provided Customer complies with the terms i n this LICENSE, NVIDIA hereby grants Customer the following non-exclusive, non-t ransferable right to use the SOFTWARE in the manner and for the purposes describ ed in the associated printed materials, with the following limitations: 2.1.1 Rights. Customer may install and use one copy of the SOFTWARE on CUSTOMER SYSTEM, and except for making one back-up copy of the SOFTWARE, may not otherwis e copy the SOFTWARE. This LICENSE of SOFTWARE may not be shared or used concurre ntly on different computers. 2.1.2 Limitations. No Reverse Engineering. Customer may not reverse engineer, de compile, 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 separa ted for use on more than one computer, nor otherwise used separately from the ot her parts. No Rental. Customer may not rent or lease the SOFTWARE to someone els e. 2.2 Additional Information. 7-Zip. The SOFTWARE includes the 7-Zip software prog ram ("7-Zip"). Use of the source code for 7-Zip is subject to the terms and cond itions at www.7-zip.org. 3. CONSENT TO COLLECTION AND USE OF INFORMATION Customer hereby acknowledges that the SOFTWARE accesses and collects non-persona lly identifiable information about Customer and CUSTOMER SYSTEM as well as confi gures 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 CUSTOMER S YSTEM'S (a) hardware configuration, (b) operating system and driver configuratio n, (c) installed games, (d) game settings, performance, and usage data, and (e) usage metrics of the SOFTWARE. To the extent that Customer uses the SOFTWARE, Cu stomer 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 sys
Customer must destroy all copi es of the SOFTWARE and all of its component parts. 5. structure. audio. except as otherwise allowed pursuant to this LICENSE and that it may make one copy of the SOFTWARE solely for backup or archive purposes. or other intel lectual property rights in the SOFTWARE. in its sole discretion. or (b) installation of any SOFTWARE or third party software patches initiated t hrough the SOFTWARE. or its licensors or suppliers. APPLICABLE LAW This LICENSE shall be deemed to have been made in. text. If Customer commences or participates in any legal proceed ing against NVIDIA. suspend or terminat e all license grants and any other rights provided under this LICENSE during the pendency of such legal proceedings. the accompanying printed materials. NVIDIA may collect. Custo mer may not export the SOFTWARE in violation of applicable export laws and regul ations. and any copies of the SOFTWARE. video. and that NVIDIA will have no responsibil ity 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. or other attributes of CUSTOMER SYSTEM (or any part of CUSTOMER SYSTEM) initiated through the SOFTWARE. animations. Defensive Suspension. The SOFTWARE may contain links to websites and services.tem restore points for CUSTOMER SYSTEM. visit <http://www.nvidia. Customer and CUSTOMER SYSTEM information collection rules can be configured on t he "Preferences" tab of the applicable NVIDIA Update control panel for the SOFTW ARE.com/drivers/geforce-experience/faq >. and all rights. In such event. then NVIDIA may.com/object/privacy_policy. BIOS. trademarks. The SOFTWARE is protected by copyright laws and international treaty provisions. Customer is required to treat the SOFTWARE like any other copyrighted material. use and sh are your personal information. organization and source code of the Software are the valuable tr ade secrets and confidential information of NVIDIA. Customer also acknowledges that from time to time. The United Nations Convention on Contr acts for the International Sale of Goods is specifically disclaimed.geforce. California shall have exclu sive jurisdiction over any dispute or claim arising out of this Agreement.html> 4. NVIDIA is not responsible for the privacy stateme nts or practices of sites and services controlled by other companies or organiza tions. and shall be construed pursua nt to. The state a nd/or federal courts residing in Santa Clara County. For more information on NVIDIA's collection and use of information policies for this SOFTWARE. copyrights. photographs. the laws of the State of Delaware. 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. title and interest in a nd to the SOFTWARE not expressly granted are reserved by NVIDIA or its licensors or suppliers. environment variables. are owned by NVIDIA. drivers. music. TERMINATION This LICENSE will automatically terminate if Customer fails to comply with any o f the terms and conditions hereof. The algorit hms. registry. Except as otherwise expressl y provided herein. application s ettings. Ac cordingly. Customer represents and warrants that the non-personally identifiable informatio n that Customer has furnished in connection with its registration for the SOFTWA RE is complete and accurate. . 6. COPYRIGHT All title and copyrights in and to the SOFTWARE (including but not limited to al l images. neither this LICENSE nor NVIDIA grants Customer any express o r implied right under any NVIDIA patents. and disclose such information about Customer and/or Cus tomer's system in connection with the SOFTWARE in accordance with NVIDIA's priva cy policy. available at URL <http://www. and other informat ion incorporated into the SOFTWARE).
WITHOUT LIMITATION.1 No Warranties. and computer hardwar e. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY 7. operating system. SPECIAL. prohibited by the United States Bureau of Industry and Security or any export laws. TO THE MAXIMUM EXTENT PERMITTED BY A PPLICABLE LAW. NVIDIA'S AGGREGATE LIABILITY ARISING OUT OF THIS LICENSE AGREEMENT SH ALL NOT EXCEED ONE THOUSAND UNITED STATES DOLLARS (USD$1000).7.2 No Liability for Consequential Damages. SOME JURISDICTIONS PROHIBIT EXCLUSIO N OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENT AL DAMAGES. TITLE AND FITNESS FOR A PARTICULAR PURPOSE. BUSINE SS INTERRUPTION. restrictions or regulations . INCLUDING. or use the SOFTWARE in any manner. NOTWITHSTANDING THE FOREGOING. such provision will be construed as limited to the extent nec essary to be consistent with and fully enforceable under the law. and supersedes all prior or contemporaneous understandi ngs and agreements relating to such subject matter. MISCELLANEOUS If any provision of this LICENSE is inconsistent with. EIT HER EXPRESS OR IMPLIED. BUT NOT LIMITED TO. OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING . NVIDIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES. Witho ut limiting the foregoing. or cannot be fully enforc ed under. Thi s LICENSE may only be modified in writing signed by an authorized officer of NVI DIA. IN NO EVENT SHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY DIREC T. LOSS OF DATA. OR ANY OTHER PECUNIARY LOSS) ARIS ING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE. LOSS OF BUSINESS INFORMATION. YOU MAY ALSO HAVE OTHE R LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. IMPLIED WARRANTIES OF MER CHANTABILITY. SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. the law. complete and exclusive agreement between the parties relating to th e subject matter hereof. NONINFRINGEMENT. you are solely responsible for determining and verify ing that the SOFTWARE that you obtain and install is the appropriate version for your model of graphics controller board. 7. EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Customer agrees that it will not ship. THE SOFTWARE IS PROVIDED "AS IS" AND TO THE MAXIMUM EXTENT PE RMITTED BY APPLICABLE LAW. . This LICENSE i s the final. transfer or export the SOFTWARE into any country. 8. INCIDENTAL. INDIRECT. whether oral or written. DAMAGES FOR LOSS OF BUSINESS PROFITS.
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