- April 1, 2022
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The terms of this Supplement govern your use of the NVIDIA CUDA Toolkit SDK in accordance with the terms of your license agreement (“Agreement”), as amended by this Supplement. Capitalized terms used but not defined below shall have the meanings ascribed to them in the Agreement. (ii) sublicense and distribute in binary format the NVIDIA-provided Software and your sample source code modifications and derivative works (if any) incorporated into a Customer Product for use by your recipients only in separately purchased NVIDIA GRID, Tesla or Quadro 2000+ hardware products, provided that: (a) all such distributions by you or your distribution channels comply with the terms of this Agreement; and (b) you must enter into binding agreements with your recipients that bind them to terms consistent with the terms and conditions set forth in this Agreement for the use of software binaries, including (without limitation) the terms relating to the granting and restrictions of license, confidentiality, and protection of NVIDIA`s intellectual property rights in and to the Software you distribute. You are responsible for the distribution and use of the Distributed Software if you have not complied with or enforced the sales requirements of this Agreement. You agree to notify NVIDIA in writing of any known or suspected use or distribution of the Licensed Software that does not comply with the terms of this Agreement. You acknowledge and agree that it is your sole responsibility to purchase additional licenses from third parties necessary for the manufacture, manufacture, use, use, sale, import and sale of your products or services that contain or contain third-party software and content relating to audio and/or video encoders and decoders; including, but not limited to, Microsoft, Thomson, Fraunhofer IIS, Sisvel S.p.A., MPEG-LA and Coding Technologies. NVIDIA does not grant you any patents or other rights required under this Agreement with respect to audio and/or video encoders and set-top boxes. Each SDK has its own set of software and materials, but here is a description of the types of elements that can be included in an SDK: source code, header files, APIs, records, and resources (for example, images, textures, templates, scenes, videos, native API input/output files), binary software, sample code, libraries, utilities, programming code, and documentation. NVIDIA may, in its sole discretion, provide patches, workarounds, or other updates for this SDK. Unless Updates are provided with their separate terms, they are considered part of the SDK LICENSED TO YOU under this Agreement.
Termination of this Agreement does not relieve the parties of any liability that has already accrued at the time of termination or that may subsequently arise in respect of any act or omission prior to termination, or any obligation expressly set forth in this Agreement to survive termination. Notwithstanding the foregoing, the party terminating this Agreement shall not be subject to any additional liability solely as a result of such termination. Termination of this Agreement, regardless of cause or nature, is without prejudice to any other rights or remedies of the parties and shall be without liability for any loss or damage caused by it. Upon expiration or termination of this Agreement, (i) you must immediately cease using the Licensed Software and (ii) you must immediately destroy or return to NVIDIA all copies of the Licensed Software and all parts thereof in your possession or control, and each party will promptly destroy or return to NVIDIA all confidential information of the other party, that are in their possession or control, destroy or return to NVIDIA. provided that your previous distributions in accordance with this Agreement are not affected by the expiration or termination of this Agreement. .