IMPORTANT NOTICE – PLEASE READ AND AGREE BEFORE DOWNLOADING, INSTALLING, COPYING OR USING
This oneAPI for NVIDIA GPUs License Agreement (the “Agreement”) is between you, or the company or other legal entity that you represent and warrant you have the legal authority to bind, (each, “You” or “Your”) and Codeplay Software Ltd. (Registered Company in England and Wales No. 04567874) with a Registered Office at 2 New Bailey, 6 Stanley Street, Salford, Greater Manchester, United Kingdom, M3 5GS (“Codeplay”) regarding Your use of the oneAPI for NVIDIA GPUs software, including any updates or versions, associated components, media, printed materials, and electronic documentation (“Software”). By downloading, installing, copying, or otherwise using the Software, You agree to the following terms and conditions of this Agreement. Please read the terms of this Agreement carefully before beginning Your download, as pressing the “I AGREE” button at the end of this Agreement will confirm Your assent and Your intent to be legally bound. If You do not agree to these terms, then Codeplay Software Limited is unwilling to license the Software to You; so please press the “CANCEL” button to cancel Your download.
1. License Grant
During the term of this Agreement, and subject to the terms and conditions of this Agreement, Codeplay hereby grants You free of charge, a non-exclusive, non-assignable, non-sublicensable, revocable license under Codeplay’s copyrights to: (1) reproduce and use (but not modify) the Software in object code for the purpose of writing and developing software programs, and (2) redistribute unmodified copies of only those redistributable components of the Software specified below, only in object code (“Redistributable Components”), and solely as part of Your software applications or libraries (“Your Applications”) to third parties pursuant to the terms of this Agreement or an agreement containing substantially similar terms to this Agreement. Codeplay reserves all rights to the Software that are not expressly granted by this Agreement.
Runtime (for Linux)
Except as expressly permitted under this Agreement, You shall not, and shall not allow any third party to: (a) use, reproduce, disclose, distribute, or publicly display the Software, (b) modify, adapt, translate, reverse engineer, decrypt, decompile, disassemble, hack, emulate, exploit, make error corrections, or otherwise attempt to derive the source code for the Software including, but not limited to, the Redistributable Components in whole or in part (other than to the limited extent permitted by law); (c) Circumvent, work around or bypass any technological protection measures in or relating to the Software; (d) use the Software to perform any unauthorized transfer of information or for any illegal purpose; (e) copy or redistribute any components of the Software that are not listed in the table of Redistributable Components; (f) sublicense, assign, transfer, distribute, publish, rent, lease, sell, export, import, or lend the Software; (g) represent in any way that You are selling the Software itself or any license to use the Software, or refer to Codeplay®, “oneAPI for NVIDIA GPUs” or other names of Codeplay products within Your marketing materials, without the express prior written permission of Codeplay; (h) remove, obscure or otherwise modify any copyright and/or license notices in the Software including, but not limited to, the Redistributable Components; (i) use the Software for purposes that require any type of functional safety conformance; or (j) use any information provided by, or obtained from, Codeplay under this Agreement to create any software whose expression is substantially similar to that of the Software nor use such information in any manner which would be restricted by any copyright subsisting in it.
You are free to submit support requests to Codeplay for the most recent release only via the community support website at https://support.codeplay.com/. However, Codeplay does not provide any guarantees of support for the Software to You. Any support of Your support requests shall be provided at Codeplay’s sole discretion.
Codeplay and its suppliers own all right, title, and interest in and to the Software and all Intellectual Property Rights associated with the Software. You acknowledge that You have no rights in or to the Software other than the right to use the Software in accordance with the terms of this Agreement.
As used herein, the term “Intellectual Property Rights” shall mean patents, utility models, copyright and related rights, trademarks and service marks, trade names and domain names, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
5. Term and Termination
This Agreement is effective until terminated. Codeplay or You may terminate it immediately at any time. Any violation of the terms of this Agreement by You will result in immediate termination by Codeplay. Upon termination, You must cease all activities authorized by this Agreement, uninstall and irrevocably erase all copies of the Software and accompanying materials in its possession, and confirm to Codeplay that You have taken such actions by sending an email to firstname.lastname@example.org.
6. No Warranties. Disclaimer
Codeplay expressly disclaims all warranties of any kind for 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, NON-INFRINGEMENT OR ANY WARRANTY ARISING OUT OF ANY COURSE OF DEALING, USAGE OF TRADE, PROPOSAL, SPECIFICATION OR SAMPLE. In particular, Codeplay provides no warranty of performance of the Software on any hardware. Codeplay does not assume (and does not authorize any person to assume on its behalf) any liability.
7. Limitation of Liability
IN NO EVENT SHALL CODEPLAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER LOSSES OR DAMAGES ARISING FROM, OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SOFTWARE, OR THE USE OR OTHER DEALINGS IN THE SOFTWARE, INCLUDING WITHOUT LIMITATION, ANY OF THE FOLLOWING LOSSES OR DAMAGES (WHETHER SUCH LOSSES OR DAMAGES WERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE: (I) LOSS OF REVENUE; (II) LOSS OF ACTUAL OR ANTICIPATED PROFITS; (III) LOSS OF THE USE OF MONEY; (IV) LOSS OF ANTICIPATED SAVINGS; (V) LOSS OF BUSINESS; (VI) LOSS OF OPPORTUNITY; (VII) LOSS OF GOODWILL: (VIII) LOSS OF USE OF THE SOFTWARE; (IX) LOSS OF REPUTATION; (X) LOSS OF, DAMAGE TO, OR CORRUPTION OF DATA; OR (XI) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE HOWEVER CAUSED (INCLUDING LOSS OR DAMAGE OF THE TYPE SPECIFIED IN THIS SECTION 7).
The invalidity of any portion or provision of this Agreement shall not affect any other portions or provisions. This Agreement is the complete and exclusive agreement between You and Codeplay regarding the Software, and it supersedes any prior agreement, oral or written, and any other communication between You and Codeplay relating to the subject matter of the Agreement. Any amendment or modification of this Agreement must be in writing and signed by both parties; except that Codeplay may make changes to this Agreement as it distributes new versions of the Software. When changes are made, Codeplay will make a new version of the Agreement available as a click to accept agreement. You acknowledge that the Software and any associated technical information provided under this Agreement may be subject to export and import restrictions in certain countries, and You agree to comply with all applicable international and national laws, including export and local import administration regulations, as well as end-user, end-use and destination restrictions issued by the UK and other governments. You may not transfer or assign any of Your rights or obligations under this Agreement. This Agreement shall be governed by the laws of Scotland and shall be subject to the exclusive jurisdiction of the Scottish Courts.
9. Third-Party Licenses
The following licenses are for third-party components included in the software.
============================================================================== The LLVM Project is under the Apache License v2.0 with LLVM Exceptions: ============================================================================== Apache License Version 2.0, January 2004 http://www.apache.org/licenses/ TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION 1. Definitions. "License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. "Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License. "Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License. "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types. "Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below). "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution." "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work. 2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form. 3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed. 4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions: (a) You must give any other recipients of the Work or Derivative Works a copy of this License; and (b) You must cause any modified files to carry prominent notices stating that You changed the files; and (c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and (d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License. 5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions. 6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file. 7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License. 8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages. 9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability. END OF TERMS AND CONDITIONS APPENDIX: How to apply the Apache License to your work. To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives. Copyright [yyyy] [name of copyright owner] Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. ---- LLVM Exceptions to the Apache 2.0 License ---- As an exception, if, as a result of your compiling your source code, portions of this Software are embedded into an Object form of such source code, you may redistribute such embedded portions in such Object form without complying with the conditions of Sections 4(a), 4(b) and 4(d) of the License. In addition, if you combine or link compiled forms of this Software with software that is licensed under the GPLv2 ("Combined Software") and if a court of competent jurisdiction determines that the patent provision (Section 3), the indemnity provision (Section 9) or other Section of the License conflicts with the conditions of the GPLv2, you may retroactively and prospectively choose to deem waived or otherwise exclude such Section(s) of the License, but only in their entirety and only with respect to the Combined Software. ============================================================================== Software from third parties included in the LLVM Project: ============================================================================== The LLVM Project contains third party software which is under different license terms. All such code will be identified clearly using at least one of two mechanisms: 1) It will be in a separate directory tree with its own `LICENSE.txt` or `LICENSE` file at the top containing the specific license and restrictions which apply to that software, or 2) It will contain specific license and restriction terms at the top of every file. ============================================================================== Legacy LLVM License (https://llvm.org/docs/DeveloperPolicy.html#legacy): ============================================================================== University of Illinois/NCSA Open Source License Copyright (c) 2003-2020 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.