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Lattice Light Sheet Deconvolution Software Terms and Conditions
The Lattice Light Sheet Deconvolution software (Janelia Software) was created at
the Howard Hughes Medical Institute, Janelia Research Campus. Copyright 2020.
All rights reserved.
Access to the Lattice Light Sheet Deconvolution software is subject to the
Janelia Open-Source license, presented here.
Janelia Open-Source Software Redistribution and use in source and binary forms,
with or without modification, are permitted provided that the following
conditions are met:
* Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice, this
list of conditions and the following disclaimer in the documentation and/or
other materials provided with the distribution.
* Neither the name of HHMI nor the names of its contributors may be used to
endorse or promote products derived from this software without specific prior
written permission. 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.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Additional Licensing Obligations with accompanying software
The following third-party components included in the Janelia Software are
licensed to Licensee pursuant to the following terms and conditions:
1. Licensee's use of the FFTW third party component is subject to the terms and
conditions of GNU GPL v3, included below.
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.
2. NVIDIA run-time and FFT libraries are subject to licenses found on page 24,
and include additional open-source packages subject to the terms and conditions
of the relevant GNU GPL, described starting page 24.
3. The Clmg library is subject to the CeCILL-C FREE SOFTWARE LICENSE AGREEMENT,
reproduced starting on page 15.
4. All other libraries are subject to their own licenses reproduced below.
Additional Licenses
The libtiff library, incorporated in this executable file for managing the Tag
Image File Format (TIFF), unmodified, is subject to the following license terms.
Additional information and the original source code may be found here
http://www.simplesystems.org/libtiff/.
Use and Copyright
Copyright (c) 1988-1997 Sam Leffler Copyright (c) 1991-1997 Silicon Graphics,
Inc.
Permission to use, copy, modify, distribute, and sell this software and its
documentation for any purpose is hereby granted without fee, provided that
(i) the above copyright notices and this permission notice appear in all copies
of the software and related documentation, and
(ii) the names of Sam Leffler and Silicon Graphics may not be used in any
advertising or publicity relating to the software without the specific, prior
written permission of Sam Leffler and Silicon Graphics.
THE SOFTWARE IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS,
IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SAM
LEFFLER OR SILICON GRAPHICS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE,
AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF THIS SOFTWARE.
The zlib library for managing compression and incorporated in the executable
file in unmodified form, is subject to the following licensing terms. Additional
information and the original source code may be found here: http://zlib.net/.
Zlib license terms
zlib.h -- interface of the 'zlib' general purpose compression library version
1.2.11, January 15th, 2017 Copyright (C) 1995-2017 Jean-loup Gailly and Mark
Adler
This software is provided 'as-is', without any express or implied warranty. In
no event will the authors be held liable for any damages arising from the use of
this software. Permission is granted to anyone to use this software for any
purpose, including commercial applications, and to alter it and redistribute it
freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim
that you wrote the original software. If you use this software in a product, an
acknowledgment in the product documentation would be appreciated but is not
required.
2. Altered source versions must be plainly marked as such, and must not be
misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
Jean-loup Gailly Mark Adler [email protected] [email protected]
The FFTW library for computing the discrete Fourier transform and incorporated
in the executable file in unmodified form, is subject to the GNU General Public
License, shown here. Additional information and the original source code may be
found here: http://www.fftw.org/.
Copyright © 2007 Free Software Foundation, Inc. <http://fsf.org/> Everyone is
permitted to copy and distribute verbatim copies of this license document, but
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object code work under this section in, or with, or specifically for use in, a
User Product, and the conveying occurs as part of a transaction in which the
right of possession and use of the User Product is transferred to the recipient
in perpetuity or for a fixed term (regardless of how the transaction is
characterized), the Corresponding Source conveyed under this section must be
accompanied by the Installation Information. But this requirement does not apply
if neither you nor any third party retains the ability to install modified
object code on the User Product (for example, the work has been installed in
ROM). The requirement to provide Installation Information does not include a
requirement to continue to provide support service, warranty, or updates for a
work that has been modified or installed by the recipient, or for the User
Product in which it has been modified or installed. Access to a network may be
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provided, in accord with this section must be in a format that is publicly
documented (and with an implementation available to the public in source code
form), and must require no special password or key for unpacking, reading or
copying. 7. Additional Terms. "Additional permissions" are terms that supplement
the terms of this License by making exceptions from one or more of its
conditions. Additional permissions that are applicable to the entire Program
shall be treated as though they were included in this License, to the extent
that they are valid under applicable law. If additional permissions apply only
to part of the Program, that part may be used separately under those
permissions, but the entire Program remains governed by this License without
regard to the additional permissions. When you convey a copy of a covered work,
you may at your option remove any additional permissions from that copy, or from
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the Appropriate Legal Notices displayed by works containing it; or * c)
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within the meaning of section 10. If the Program as you received it, or any part
of it, contains a notice stating that it is governed by this License along with
a term that is a further restriction, you may remove that term. If a license
document contains a further restriction but permits relicensing or conveying
under this License, you may add to a covered work material governed by the terms
of that license document, provided that the further restriction does not survive
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additional terms that apply to those files, or a notice indicating where to find
the applicable terms. Additional terms, permissive or non-permissive, may be
stated in the form of a separately written license, or stated as exceptions; the
above requirements apply either way. 8. Termination. You may not propagate or
modify a covered work except as expressly provided under this License. Any
attempt otherwise to propagate or modify it is void, and will automatically
terminate your rights under this License (including any patent licenses granted
under the third paragraph of section 11). However, if you cease all violation of
this License, then your license from a particular copyright holder is reinstated
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terminates your license, and (b) permanently, if the copyright holder fails to
notify you of the violation by some reasonable means prior to 60 days after the
cessation. Moreover, your license from a particular copyright holder is
reinstated permanently if the copyright holder notifies you of the violation by
some reasonable means, this is the first time you have received notice of
violation of this License (for any work) from that copyright holder, and you
cure the violation prior to 30 days after your receipt of the notice.
Termination of your rights under this section does not terminate the licenses of
parties who have received copies or rights from you under this License. If your
rights have been terminated and not permanently reinstated, you do not qualify
to receive new licenses for the same material under section 10. 9. Acceptance
Not Required for Having Copies. You are not required to accept this License in
order to receive or run a copy of the Program. Ancillary propagation of a
covered work occurring solely as a consequence of using peer-to-peer
transmission to receive a copy likewise does not require acceptance. However,
nothing other than this License grants you permission to propagate or modify any
covered work. These actions infringe copyright if you do not accept this
License. Therefore, by modifying or propagating a covered work, you indicate
your acceptance of this License to do so. 10. Automatic Licensing of Downstream
Recipients. Each time you convey a covered work, the recipient automatically
receives a license from the original licensors, to run, modify and propagate
that work, subject to this License. You are not responsible for enforcing
compliance by third parties with this License. An "entity transaction" is a
transaction transferring control of an organization, or substantially all assets
of one, or subdividing an organization, or merging organizations. If propagation
of a covered work results from an entity transaction, each party to that
transaction who receives a copy of the work also receives whatever licenses to
the work the party's predecessor in interest had or could give under the
previous paragraph, plus a right to possession of the Corresponding Source of
the work from the predecessor in interest, if the predecessor has it or can get
it with reasonable efforts. You may not impose any further restrictions on the
exercise of the rights granted or affirmed under this License. For example, you
may not impose a license fee, royalty, or other charge for exercise of rights
granted under this License, and you may not initiate litigation (including a
cross-claim or counterclaim in a lawsuit) alleging that any patent claim is
infringed by making, using, selling, offering for sale, or importing the Program
or any portion of it. 11. Patents. A "contributor" is a copyright holder who
authorizes use under this License of the Program or a work on which the Program
is based. The work thus licensed is called the contributor's "contributor
version". A contributor's "essential patent claims" are all patent claims owned
or controlled by the contributor, whether already acquired or hereafter
acquired, that would be infringed by some manner, permitted by this License, of
making, using, or selling its contributor version, but do not include claims
that would be infringed only as a consequence of further modification of the
contributor version. For purposes of this definition, "control" includes the
right to grant patent sublicenses in a manner consistent with the requirements
of this License. Each contributor grants you a non-exclusive, worldwide,
royalty-free patent license under the contributor's essential patent claims, to
make, use, sell, offer for sale, import and otherwise run, modify and propagate
the contents of its contributor version. In the following three paragraphs, a
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not to enforce a patent (such as an express permission to practice a patent or
covenant not to sue for patent infringement). To "grant" such a patent license
to a party means to make such an agreement or commitment not to enforce a patent
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license, and the Corresponding Source of the work is not available for anyone to
copy, free of charge and under the terms of this License, through a publicly
available network server or other readily accessible means, then you must either
(1) cause the Corresponding Source to be so available, or (2) arrange to deprive
yourself of the benefit of the patent license for this particular work, or (3)
arrange, in a manner consistent with the requirements of this License, to extend
the patent license to downstream recipients. "Knowingly relying" means you have
actual knowledge that, but for the patent license, your conveying the covered
work in a country, or your recipient's use of the covered work in a country,
would infringe one or more identifiable patents in that country that you have
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transaction or arrangement, you convey, or propagate by procuring conveyance of,
a covered work, and grant a patent license to some of the parties receiving the
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copy of the covered work, then the patent license you grant is automatically
extended to all recipients of the covered work and works based on it. A patent
license is "discriminatory" if it does not include within the scope of its
coverage, prohibits the exercise of, or is conditioned on the non-exercise of
one or more of the rights that are specifically granted under this License. You
may not convey a covered work if you are a party to an arrangement with a third
party that is in the business of distributing software, under which you make
payment to the third party based on the extent of your activity of conveying the
work, and under which the third party grants, to any of the parties who would
receive the covered work from you, a discriminatory patent license (a) in
connection with copies of the covered work conveyed by you (or copies made from
those copies), or (b) primarily for and in connection with specific products or
compilations that contain the covered work, unless you entered into that
arrangement, or that patent license was granted, prior to 28 March 2007. Nothing
in this License shall be construed as excluding or limiting any implied license
or other defenses to infringement that may otherwise be available to you under
applicable patent law. 12. No Surrender of Others' Freedom. If conditions are
imposed on you (whether by court order, agreement or otherwise) that contradict
the conditions of this License, they do not excuse you from the conditions of
this License. If you cannot convey a covered work so as to satisfy
simultaneously your obligations under this License and any other pertinent
obligations, then as a consequence you may not convey it at all. For example, if
you agree to terms that obligate you to collect a royalty for further conveying
from those to whom you convey the Program, the only way you could satisfy both
those terms and this License would be to refrain entirely from conveying the
Program. 13. Use with the GNU Affero General Public License. Notwithstanding any
other provision of this License, you have permission to link or combine any
covered work with a work licensed under version 3 of the GNU Affero General
Public License into a single combined work, and to convey the resulting work.
The terms of this License will continue to apply to the part which is the
covered work, but the special requirements of the GNU Affero General Public
License, section 13, concerning interaction through a network will apply to the
combination as such. 14. Revised Versions of this License. The Free Software
Foundation may publish revised and/or new versions of the GNU General Public
License from time to time. Such new versions will be similar in spirit to the
present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Program specifies
that a certain numbered version of the GNU General Public License "or any later
version" applies to it, you have the option of following the terms and
conditions either of that numbered version or of any later version published by
the Free Software Foundation. If the Program does not specify a version number
of the GNU General Public License, you may choose any version ever published by
the Free Software Foundation. If the Program specifies that a proxy can decide
which future versions of the GNU General Public License can be used, that
proxy's public statement of acceptance of a version permanently authorizes you
to choose that version for the Program. Later license versions may give you
additional or different permissions. However, no additional obligations are
imposed on any author or copyright holder as a result of your choosing to follow
a later version. 15. Disclaimer of Warranty. THERE IS NO WARRANTY FOR THE
PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED
IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 16. Limitation of Liability. IN
NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY
COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS
PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE
THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED
INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE
PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 17. Interpretation of
Sections 15 and 16. If the disclaimer of warranty and limitation of liability
provided above cannot be given local legal effect according to their terms,
reviewing courts shall apply local law that most closely approximates an
absolute waiver of all civil liability in connection with the Program, unless a
warranty or assumption of liability accompanies a copy of the Program in return
for a fee.
The Clmg library for Image processing is incorporated in the executable file in
unmodified form, is subject to the CeCILL-C FREE SOFTWARE LICENSE AGREEMENT,
shown here. Additional information and the original source code may be found
here: https://github.com/dtschump/CImg.
CeCILL-C FREE SOFTWARE LICENSE AGREEMENT
Notice
This Agreement is a Free Software license agreement that is the result of
discussions between its authors in order to ensure compliance with the two main
principles guiding its drafting:
* firstly, compliance with the principles governing the distribution of Free
Software: access to source code, broad rights granted to users,
* secondly, the election of a governing law, French law, with which it is
conformant, both as regards the law of torts and intellectual property law,
and the protection that it offers to both authors and holders of the
economic rights over software.
The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[logiciel] L[ibre]) license
are:
Commissariat ˆ l'Energie Atomique - CEA, a public scientific, technical and
industrial research establishment, having its principal place of business at 25
rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
Centre National de la Recherche Scientifique - CNRS, a public scientific and
technological research establishment, having its principal place of business at
3 rue Michel-Ange, 75794 Paris cedex 16, France.
Institut National de Recherche en Informatique et en Automatique - INRIA, a
public scientific and technological establishment, having its principal place of
business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le Chesnay cedex,
France.
Preamble The purpose of this Free Software license agreement is to grant users
the right to modify and redistribute the software governed by this license
within the framework of an open source distribution model.
The exercising of these rights is conditional upon certain obligations for users
so as to preserve this status for all subsequent redistributions.
In consideration of access to the source code and the rights to copy, modify and
redistribute granted by the license, users are provided only with a limited
warranty and the software's author, the holder of the economic rights, and the
successive licensors only have limited liability.
In this respect, the risks associated with loading, using, modifying and/or
developing or reproducing the software by the user are brought to the user's
attention, given its Free Software status, which may make it complicated to use,
with the result that its use is reserved for developers and experienced
professionals having in-depth computer knowledge. Users are therefore encouraged
to load and test the suitability of the software as regards their requirements
in conditions enabling the security of their systems and/or data to be ensured
and, more generally, to use and operate it in the same conditions of security.
This Agreement may be freely reproduced and published, provided it is not
altered, and that no provisions are either added or removed herefrom.
This Agreement may apply to any or all software for which the holder of the
economic rights decides to submit the use thereof to its provisions.
Article 1 - DEFINITIONS
For the purpose of this Agreement, when the following expressions commence with
a capital letter, they shall have the following meaning:
Agreement: means this license agreement, and its possible subsequent versions
and annexes.
Software: means the software in its Object Code and/or Source Code form and,
where applicable, its documentation, "as is" when the Licensee accepts the
Agreement.
Initial Software: means the Software in its Source Code and possibly its Object
Code form and, where applicable, its documentation, "as is" when it is first
distributed under the terms and conditions of the Agreement.
Modified Software: means the Software modified by at least one Contribution.
Source Code: means all the Software's instructions and program lines to which
access is required so as to modify the Software.
Object Code: means the binary files originating from the compilation of the
Source Code.
Holder: means the holder(s) of the economic rights over the Initial Software.
Licensee: means the Software user(s) having accepted the Agreement.
Contributor: means a Licensee having made at least one Contribution.
Licensor: means the Holder, or any other individual or legal entity, who
distributes the Software under the Agreement.
Contribution: means any or all modifications, corrections, translations,
adaptations and/or new functions integrated into the Software by any or all
Contributors, as well as any or all Internal Modules.
Module: means a set of sources files including their documentation that enables
supplementary functions or services in addition to those offered by the
Software.
External Module: means any or all Modules, not derived from the Software, so
that this Module and the Software run in separate address spaces, with one
calling the other when they are run.
Internal Module: means any or all Module, connected to the Software so that they
both execute in the same address space.
GNU GPL: means the GNU General Public License version 2 or any subsequent
version, as published by the Free Software Foundation Inc.
Parties: mean both the Licensee and the Licensor.
These expressions may be used both in singular and plural form.
Article 2 - PURPOSE The purpose of the Agreement is the grant by the Licensor to
the Licensee of a non-exclusive, transferable and worldwide license for the
Software as set forth in Article 5 hereinafter for the whole term of the
protection granted by the rights over said Software.
Article 3 - ACCEPTANCE
3.1 The Licensee shall be deemed as having accepted the terms and conditions of
this Agreement upon the occurrence of the first of the following events:
(i) loading the Software by any or all means, notably, by downloading from a
remote server, or by loading from a physical medium; (ii) the first time the
Licensee exercises any of the rights granted hereunder.
3.2 One copy of the Agreement, containing a notice relating to the
characteristics of the Software, to the limited warranty, and to the fact that
its use is restricted to experienced users has been provided to the Licensee
prior to its acceptance as set forth in Article 3.1 hereinabove, and the
Licensee hereby acknowledges that it has read and understood it.
Article 4 - EFFECTIVE DATE AND TERM
4.1 EFFECTIVE DATE
The Agreement shall become effective on the date when it is accepted by the
Licensee as set forth in Article 3.1.
4.2 TERM The Agreement shall remain in force for the entire legal term of
protection of the economic rights over the Software.
Article 5 - SCOPE OF RIGHTS GRANTED The Licensor hereby grants to the Licensee,
who accepts, the following rights over the Software for any or all use, and for
the term of the Agreement, on the basis of the terms and conditions set forth
hereinafter. Besides, if the Licensor owns or comes to own one or more patents
protecting all or part of the functions of the Software or of its components,
the Licensor undertakes not to enforce the rights granted by these patents
against successive Licensees using, exploiting or modifying the Software. If
these patents are transferred, the Licensor undertakes to have the transferees
subscribe to the obligations set forth in this paragraph.
5.1 RIGHT OF USE The Licensee is authorized to use the Software, without any
limitation as to its fields of application, with it being hereinafter specified
that this comprises:
1. permanent or temporary reproduction of all or part of the Software by any
or all means and in any or all form.
2. loading, displaying, running, or storing the Software on any or all
medium.
3. entitlement to observe, study or test its operation so as to determine
the ideas and principles behind any or all constituent elements of said
Software. This shall apply when the Licensee carries out any or all loading,
displaying, running, transmission or storage operation as regards the
Software, that it is entitled to carry out hereunder.
5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS The right to make Contributions includes
the right to translate, adapt, arrange, or make any or all modifications to the
Software, and the right to reproduce the resulting software.
The Licensee is authorized to make any or all Contributions to the Software
provided that it includes an explicit notice that it is the author of said
Contribution and indicates the date of the creation thereof.
5.3 RIGHT OF DISTRIBUTION In particular, the right of distribution includes the
right to publish, transmit and communicate the Software to the general public on
any or all medium, and by any or all means, and the right to market, either in
consideration of a fee, or free of charge, one or more copies of the Software by
any means.
The Licensee is further authorized to distribute copies of the modified or
unmodified Software to third parties according to the terms and conditions set
forth hereinafter.
5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
The Licensee is authorized to distribute true copies of the Software in Source
Code or Object Code form, provided that said distribution complies with all the
provisions of the Agreement and is accompanied by:
1. a copy of the Agreement,
2. a notice relating to the limitation of both the Licensor's warranty and
liability as set forth in Articles 8 and 9, and that, in the event that only
the Object Code of the Software is redistributed, the Licensee allows future
Licensees unhindered access to the full Source Code of the Software by
indicating how to access it, it being understood that the additional cost of
acquiring the Source Code shall not exceed the cost of transferring the
data.
5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE When the Licensee makes a Contribution
to the Software, the terms and conditions for the distribution of the resulting
Modified Software become subject to all the provisions of this Agreement.
The Licensee is authorized to distribute the Modified Software, in source code
or object code form, provided that said distribution complies with all the
provisions of the Agreement and is accompanied by:
1. a copy of the Agreement,
2. a notice relating to the limitation of both the Licensor's warranty and
liability as set forth in Articles 8 and 9, and that, in the event that only
the Object Code of the Modified Software is redistributed, the Licensee
allows future Licensees unhindered access to the full source code of the
Modified Software by indicating how to access it, it being understood that
the additional cost of acquiring the source code shall not exceed the cost
of transferring the data.
5.3.3 DISTRIBUTION OF EXTERNAL MODULES When the Licensee has developed an
External Module, the terms and conditions of this Agreement do not apply to said
External Module, that may be distributed under a separate license agreement.
5.3.4 COMPATIBILITY WITH THE GNU GPL
The Licensee can include a code that is subject to the provisions of one of the
versions of the GNU GPL in the Modified or unmodified Software, and distribute
that entire code under the terms of the same version of the GNU GPL.
The Licensee can include the Modified or unmodified Software in a code that is
subject to the provisions of one of the versions of the GNU GPL, and distribute
that entire code under the terms of the same version of the GNU GPL.
Article 6 - INTELLECTUAL PROPERTY
6.1 OVER THE INITIAL SOFTWARE The Holder owns the economic rights over the
Initial Software. Any or all use of the Initial Software is subject to
compliance with the terms and conditions under which the Holder has elected to
distribute its work and no one shall be entitled to modify the terms and
conditions for the distribution of said Initial Software. The Holder undertakes
that the Initial Software will remain ruled at least by the current license, for
the duration set forth in Article 4.2.
6.2 OVER THE CONTRIBUTIONS A Licensee who develops a Contribution is the owner
of the intellectual property rights over this Contribution as defined by
applicable law.
6.3 OVER THE EXTERNAL MODULES A Licensee who develops an External Module is the
owner of the intellectual property rights over this External Module as defined
by applicable law and is free to choose the type of agreement that shall govern
its distribution.
6.4 JOINT PROVISIONS The Licensee expressly undertakes:
1. not to remove, or modify, in any manner, the intellectual property
notices attached to the Software;
2. to reproduce said notices, in an identical manner, in the copies of the
Software modified or not.
The Licensee undertakes not to directly or indirectly infringe the intellectual
property rights of the Holder and/or Contributors on the Software and to take,
where applicable, vis-ˆ-vis its staff, any and all measures required to ensure
respect of said intellectual property rights of the Holder and/or Contributors.
Article 7 - RELATED SERVICES
7.1 Under no circumstances shall the Agreement oblige the Licensor to provide
technical assistance or maintenance services for the Software. However, the
Licensor is entitled to offer this type of services. The terms and conditions of
such technical assistance, and/or such maintenance, shall be set forth in a
separate instrument. Only the Licensor offering said maintenance and/or
technical assistance services shall incur liability therefor.
7.2 Similarly, any Licensor is entitled to offer to its licensees, under its
sole responsibility, a warranty, that shall only be binding upon itself, for the
redistribution of the Software and/or the Modified Software, under terms and
conditions that it is free to decide. Said warranty, and the financial terms and
conditions of its application, shall be subject of a separate instrument
executed between the Licensor and the Licensee.
Article 8 - LIABILITY
8.1 Subject to the provisions of Article 8.2, the Licensee shall be entitled to
claim compensation for any direct loss it may have suffered from the Software as
a result of a fault on the part of the relevant Licensor, subject to providing
evidence thereof.
8.2 The Licensor's liability is limited to the commitments made under this
Agreement and shall not be incurred as a result of in particular: (i) loss due
the Licensee's total or partial failure to fulfill its obligations, (ii) direct
or consequential loss that is suffered by the Licensee due to the use or
performance of the Software, and (iii) more generally, any consequential loss.
In particular the Parties expressly agree that any or all pecuniary or business
loss (i.e. loss of data, loss of profits, operating loss, loss of customers or
orders, opportunity cost, any disturbance to business activities) or any or all
legal proceedings instituted against the Licensee by a third party, shall
constitute consequential loss and shall not provide entitlement to any or all
compensation from the Licensor.
Article 9 - WARRANTY
9.1 The Licensee acknowledges that the scientific and technical state-of-the-art
when the Software was distributed did not enable all possible uses to be tested
and verified, nor for the presence of possible defects to be detected. In this
respect, the Licensee's attention has been drawn to the risks associated with
loading, using, modifying and/or developing and reproducing the Software which
are reserved for experienced users. The Licensee shall be responsible for
verifying, by any or all means, the suitability of the product for its
requirements, its good working order, and for ensuring that it shall not cause
damage to either persons or properties.
9.2 The Licensor hereby represents, in good faith, that it is entitled to grant
all the rights over the Software (including in particular the rights set forth
in Article 5).
9.3 The Licensee acknowledges that the Software is supplied "as is" by the
Licensor without any other express or tacit warranty, other than that provided
for in Article 9.2 and, in particular, without any warranty as to its commercial
value, its secured, safe, innovative or relevant nature. Specifically, the
Licensor does not warrant that the Software is free from any error, that it will
operate without interruption, that it will be compatible with the Licensee's own
equipment and software configuration, nor that it will meet the Licensee's
requirements.
9.4 The Licensor does not either expressly or tacitly warrant that the Software
does not infringe any third-party intellectual property right relating to a
patent, software or any other property right. Therefore, the Licensor disclaims
any and all liability towards the Licensee arising out of any or all proceedings
for infringement that may be instituted in respect of the use, modification and
redistribution of the Software. Nevertheless, should such proceedings be
instituted against the Licensee, the Licensor shall provide it with technical
and legal assistance for its defense. Such technical and legal assistance shall
be decided on a case-by-case basis between the relevant Licensor and the
Licensee pursuant to a memorandum of understanding. The Licensor disclaims any
and all liability as regards the Licensee's use of the name of the Software. No
warranty is given as regards the existence of prior rights over the name of the
Software or as regards the existence of a trademark.
Article 10 - TERMINATION
10.1 In the event of a breach by the Licensee of its obligations hereunder, the
Licensor may automatically terminate this Agreement thirty (30) days after
notice has been sent to the Licensee and has remained ineffective.
10.2 A Licensee whose Agreement is terminated shall no longer be authorized to
use, modify or distribute the Software. However, any licenses that it may have
granted prior to termination of the Agreement shall remain valid subject to
their having been granted in compliance with the terms and conditions hereof.
Article 11 - MISCELLANEOUS
11.1 EXCUSABLE EVENTS Neither Party shall be liable for any or all delay, or
failure to perform the Agreement, that may be attributable to an event of force
majeure, an act of God or an outside cause, such as defective functioning or
interruptions of the electricity or telecommunications networks, network
paralysis following a virus attack, intervention by government authorities,
natural disasters, water damage, earthquakes, fire, explosions, strikes and
labor unrest, war, etc.
11.2 Any failure by either Party, on one or more occasions, to invoke one or
more of the provisions hereof, shall under no circumstances be interpreted as
being a waiver by the interested Party of its right to invoke said provision(s)
subsequently.
11.3 The Agreement cancels and replaces any or all previous agreements, whether
written or oral, between the Parties and having the same purpose, and
constitutes the entirety of the agreement between said Parties concerning said
purpose. No supplement or modification to the terms and conditions hereof shall
be effective as between the Parties unless it is made in writing and signed by
their duly authorized representatives.
11.4 In the event that one or more of the provisions hereof were to conflict
with a current or future applicable act or legislative text, said act or
legislative text shall prevail, and the Parties shall make the necessary
amendments so as to comply with said act or legislative text. All other
provisions shall remain effective. Similarly, invalidity of a provision of the
Agreement, for any reason whatsoever, shall not cause the Agreement as a whole
to be invalid.
11.5 LANGUAGE The Agreement is drafted in both French and English and both
versions are deemed authentic.
Article 12 - NEW VERSIONS OF THE AGREEMENT
12.1 Any person is authorized to duplicate and distribute copies of this
Agreement.
12.2 So as to ensure coherence, the wording of this Agreement is protected and
may only be modified by the authors of the License, who reserve the right to
periodically publish updates or new versions of the Agreement, each with a
separate number. These subsequent versions may address new issues encountered by
Free Software.
12.3 Any Software distributed under a given version of the Agreement may only be
subsequently distributed under the same version of the Agreement or a subsequent
version, subject to the provisions of Article 5.3.4.
Article 13 - GOVERNING LAW AND JURISDICTION
13.1 The Agreement is governed by French law. The Parties agree to endeavor to
seek an amicable solution to any disagreements or disputes that may arise during
the performance of the Agreement.
13.2 Failing an amicable solution within two (2) months as from their
occurrence, and unless emergency proceedings are necessary, the disagreements or
disputes shall be referred to the Paris Courts having jurisdiction, by the more
diligent Party.
Version 2.0 dated 2006-07-12.
The NVIDIA run-time and FFT libraries, incorporated in the executable file in
unmodified form, are subject to the NVIDIA CUDA TOOLKIT LICENSE AGREEMENT, shown
here. Additional information and the original source code may be found here:
Important Notice
READ CAREFULLY: This Software License Agreement ("Agreement") for NVIDIA CUDA
Toolkit, including computer software and associated documentation ("Software"),
is the Agreement which governs use of the SOFTWARE of NVIDIA Corporation and its
subsidiaries ("NVIDIA") downloadable herefrom. By downloading, installing,
copying, or otherwise using the SOFTWARE, You (as defined below) agree to be
bound by the terms of this Agreement. If You do not agree to the terms of this
Agreement, do not download the SOFTWARE.
Recitals 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.
1.1. Definitions
1.1.1. Licensee "You", or "Your" shall mean the entity or individual that
downloads and uses the SOFTWARE. NVIDIA CUDA Toolkit License Agreement
www.nvidia.com End User License Agreements (EULA) DR-06739-001_v01_v8.0 | 2
1.1.2. Redistributable Software "Redistributable Software" shall mean the
redistributable libraries referenced in Attachment A of this Agreement.
1.1.3. Software "SOFTWARE" shall mean the deliverables provided pursuant to this
Agreement. SOFTWARE may be provided in either source or binary form, at NVIDIA's
discretion.
1.2. Grant of License
1.2.1. Rights and Limitations of Grant Provided that Licensee complies with the
terms of this Agreement, NVIDIA hereby grants Licensee the following limited,
non-exclusive, non-transferable, non-sublicensable (except as expressly
permitted otherwise for Redistributable Software in Section 1.2.1.1 and Section