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diff --git a/TensorRT-SLA.txt b/TensorRT-SLA.txt new file mode 100644 index 000000000000..52ecf45bb2fe --- /dev/null +++ b/TensorRT-SLA.txt @@ -0,0 +1,447 @@ +NVIDIA TensorRT + +Software License Agreement | NVIDIA Docs + + + + +SLA-08835-001 _v8.4.3 | August 2022 + Table of Contents +Chapter 1. License................................................................................................................1 + 1.1. Grant.......................................................................................................................................... 1 + 1.2. Distribution Requirements....................................................................................................... 1 + 1.3. Authorized Users.......................................................................................................................2 + 1.4. Pre-Release SDK...................................................................................................................... 2 + 1.5. Updates...................................................................................................................................... 2 + 1.6. Third Party Licenses.................................................................................................................2 + 1.7. Reservation of Rights................................................................................................................3 +Chapter 2. Limitations.......................................................................................................... 4 +Chapter 3. Ownership........................................................................................................... 5 +Chapter 4. No Warranties.................................................................................................... 6 +Chapter 5. Limitations of Liability........................................................................................7 +Chapter 6. Termination........................................................................................................ 8 +Chapter 7. General............................................................................................................... 9 + + + + + NVIDIA TensorRT SLA-08835-001 _v8.4.3 | ii + Chapter 1. License. + + + + +1.1. Grant +Subject to the terms of this Agreement, NVIDIA hereby grants you a non-exclusive, non- +transferable license, without the right to sublicense (except as expressly provided in this +Agreement) to: +1. Install and use the SDK, +2. Modify and create derivative works of sample source code delivered in the SDK, and +3. Distribute those portions of the SDK that are identified in this Agreement as distributable, + as incorporated in object code format into a software application that meets the + distribution requirements indicated in this Agreement. + + + +1.2. Distribution Requirements +These are the distribution requirements for you to exercise the distribution grant: +1. Your application must have material additional functionality, beyond the included portions + of the SDK. +2. The distributable portions of the SDK shall only be accessed by your application. +3. The following notice shall be included in modifications and derivative works of sample + source code distributed: “This software contains source code provided by NVIDIA + Corporation.” +4. Unless a developer tool is identified in this Agreement as distributable, it is delivered for + your internal use only. +5. The terms under which you distribute your application must be consistent with the terms + of this Agreement, including (without limitation) terms relating to the license grant and + license restrictions and protection of NVIDIA’s intellectual property rights. Additionally, you + agree that you will protect the privacy, security and legal rights of your application users. +6. You agree to notify NVIDIA in writing of any known or suspected distribution or use of the + SDK not in compliance with the requirements of this Agreement, and to enforce the terms + of your agreements with respect to distributed SDK. + + + + +NVIDIA TensorRT SLA-08835-001 _v8.4.3 | 1 + License. + + + + +1.3. Authorized Users +You may allow employees and contractors of your entity or of your subsidiary(ies) to access +and use the SDK from your secure network to perform work on your behalf. +If you are an academic institution you may allow users enrolled or employed by the academic +institution to access and use the SDK from your secure network. +You are responsible for the compliance with the terms of this Agreement by your authorized +users. If you become aware that your authorized users didn’t follow the terms of this +Agreement, you agree to take reasonable steps to resolve the non-compliance and prevent +new occurrences. + + + +1.4. Pre-Release SDK +The SDK versions identified as alpha, beta, preview or otherwise as pre-release, may not +be fully functional, may contain errors or design flaws, and may have reduced or different +security, privacy, accessibility, availability, and reliability standards relative to commercial +versions of NVIDIA software and materials. Use of a pre-release SDK may result in unexpected +results, loss of data, project delays or other unpredictable damage or loss. +You may use a pre-release SDK at your own risk, understanding that pre-release SDKs are not +intended for use in production or business-critical systems. +NVIDIA may choose not to make available a commercial version of any pre-release SDK. +NVIDIA may also choose to abandon development and terminate the availability of a pre- +release SDK at any time without liability. + + + +1.5. Updates +NVIDIA may, at its option, make available patches, workarounds or other updates to this SDK. +Unless the updates are provided with their separate governing terms, they are deemed part of +the SDK licensed to you as provided in this Agreement. +You agree that the form and content of the SDK that NVIDIA provides may change without prior +notice to you. While NVIDIA generally maintains compatibility between versions, NVIDIA may in +some cases make changes that introduce incompatibilities in future versions of the SDK. + + + +1.6. Third Party Licenses +The SDK may come bundled with, or otherwise include or be distributed with, third party +software licensed by a NVIDIA supplier and/or open source software provided under an open +source license. Use of third party software is subject to the third-party license terms, or in the +absence of third party terms, the terms of this Agreement. Copyright to third party software is +held by the copyright holders indicated in the third-party software or license. + + + +NVIDIA TensorRT SLA-08835-001 _v8.4.3 | 2 + License. + + + + +1.7. Reservation of Rights +NVIDIA reserves all rights, title and interest in and to the SDK not expressly granted to you +under this Agreement. + + + + +NVIDIA TensorRT SLA-08835-001 _v8.4.3 | 3 + Chapter 2. Limitations. + + + +The following license limitations apply to your use of the SDK: + +2.1 You may not reverse engineer, decompile or disassemble, or remove copyright or other +proprietary notices from any portion of the SDK or copies of the SDK. + +2.2 Except as expressly provided in this Agreement, you may not copy, sell, rent, sublicense, +transfer, distribute, modify, or create derivative works of any portion of the SDK. + +2.3 Unless you have an agreement with NVIDIA for this purpose, you may not indicate that an +application created with the SDK is sponsored or endorsed by NVIDIA. + +2.4 You may not bypass, disable, or circumvent any encryption, security, digital rights +management or authentication mechanism in the SDK. + +2.5 You may not use the SDK in any manner that would cause it to become subject to an open +source software license. As examples, licenses that require as a condition of use, modification, +and/or distribution that the SDK be (i) disclosed or distributed in source code form; (ii) licensed +for the purpose of making derivative works; or (iii) redistributable at no charge. + +2.6 You acknowledge that the SDK as delivered is not tested or certified by NVIDIA for use in +connection with the design, construction, maintenance, and/or operation of any system where +the use or failure of such system could result in a situation that threatens the safety of human +life or results in catastrophic damages (each, a "Critical Application"). Examples of Critical +Applications includes use of avionics, navigation, autonomous vehicle applications, ai solutions +for automotive products, military, medical, life support or other life critical applications. +NVIDIA shall not be liable to you or any third party, in whole or in part, for any claims or +damages arising from such uses. You are solely responsible for ensuring that any product +or service developed with the SDK as a whole includes sufficient features to comply with all +applicable legal and regulatory standards and requirements. + +2.7 You agree to defend, indemnify and hold harmless NVIDIA and its affiliates, and their +respective employees, contractors, agents, officers and directors, from and against any and all +claims, damages, obligations, losses, liabilities, costs or debt, fines, restitutions and expenses +(including but not limited to attorney’s fees and costs incident to establishing the right of +indemnification) arising out of or related to products or services that use the SDK in or for +Critical Applications, and for use of the SDK outside of the scope of this Agreement or not in +compliance with its terms. + + + +NVIDIA TensorRT SLA-08835-001 _v8.4.3 | 4 + Chapter 3. Ownership. + + + +3.1 NVIDIA or its licensors hold all rights, title and interest in and to the SDK and its +modifications and derivative works, including their respective intellectual property rights, +subject to your rights under Section 3.2. This SDK may include software and materials from +NVIDIA’s licensors, and these licensors are intended third party beneficiaries that may enforce +this Agreement with respect to their intellectual property rights. +3.2 You hold all rights, title and interest in and to your applications and your derivative works +of the sample source code delivered in the SDK, including their respective intellectual property +rights, subject to NVIDIA’s rights under section 3.1. +3.3 You may, but don’t have to, provide to NVIDIA suggestions, feature requests or other +feedback regarding the SDK, including possible enhancements or modifications to the SDK. +For any feedback that you voluntarily provide, you hereby grant NVIDIA and its affiliates a +perpetual, non-exclusive, worldwide, irrevocable license to use, reproduce, modify, license, +sublicense (through multiple tiers of sublicensees), and distribute (through multiple tiers of +distributors) it without the payment of any royalties or fees to you. NVIDIA will use feedback +at its choice. NVIDIA is constantly looking for ways to improve its products, so you may send +feedback to NVIDIA through the developer portal at https://developer.nvidia.com. + + + + +NVIDIA TensorRT SLA-08835-001 _v8.4.3 | 5 + Chapter 4. No Warranties. + + + +THE SDK IS PROVIDED BY NVIDIA "ASIS" AND "WITH ALL FAULTS." TO THE MAXIMUM +EXTENT PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL +WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, +INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR +A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THE ABSENCE OF ANY DEFECTS +THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE ON THE BASIS OF TRADE +USAGE, COURSE OF DEALING OR COURSE OF TRADE. + + + + +NVIDIA TensorRT SLA-08835-001 _v8.4.3 | 6 + Chapter 5. Limitations of Liability. + + + +TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES SHALL NOT +BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR +ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COSTS +OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THIS +AGREEMENT OR THE USE OR PERFORMANCE OF THE SDK, WHETHER SUCH LIABILITY +ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, +TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR +THEORY OF LIABILITY. IN NO EVENT WILL NVIDIA’S AND ITS AFFILIATES TOTAL CUMULATIVE +LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED US$10.00. THE NATURE +OF THE LIABILITY OR THE NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR EXTEND +THIS LIMIT. +These exclusions and limitations of liability shall apply regardless if NVIDIA or its affiliates +have been advised of the possibility of such damages, and regardless of whether a remedy +fails its essential purpose. These exclusions and limitations of liability form an essential +basis of the bargain between the parties, and, absent any of these exclusions or limitations of +liability, the provisions of this Agreement, including, without limitation, the economic terms, +would be substantially different. + + + + +NVIDIA TensorRT SLA-08835-001 _v8.4.3 | 7 + Chapter 6. Termination. + + + +6.1 This Agreement will continue to apply until terminated by either you or NVIDIA as +described below. +6.2 If you want to terminate this Agreement, you may do so by stopping to use the SDK. +6.3 NVIDIA may, at any time, terminate this Agreement if: (i) you fail to comply with any term +of this Agreement and the non-compliance is not fixed within thirty (30) days following notice +from NVIDIA (or immediately if you violate NVIDIA’s intellectual property rights); (ii) you +commence or participate in any legal proceeding against NVIDIA with respect to the SDK; or +(iii) NVIDIA decides to no longer provide the SDK in a country or, in NVIDIA’s sole discretion, +the continued use of it is no longer commercially viable. +6.4 Upon any termination of this Agreement, you agree to promptly discontinue use of the SDK +and destroy all copies in your possession or control. Your prior distributions in accordance +with this Agreement are not affected by the termination of this Agreement. Upon written +request, you will certify in writing that you have complied with your commitments under this +section. Upon any termination of this Agreement all provisions survive except for the licenses +granted to you. + + + + +NVIDIA TensorRT SLA-08835-001 _v8.4.3 | 8 + Chapter 7. General. + + + +If you wish to assign this Agreement or your rights and obligations, including by merger, +consolidation, dissolution or operation of law, contact NVIDIA to ask for permission. Any +attempted assignment not approved by NVIDIA in writing shall be void and of no effect. NVIDIA +may assign, delegate or transfer this Agreement and its rights and obligations, and if to a non- +affiliate you will be notified. +You agree to cooperate with NVIDIA and provide reasonably requested information to verify +your compliance with this Agreement. +This Agreement will be governed in all respects by the laws of the United States and of the +State of Delaware as those laws are applied to contracts entered into and performed entirely +within Delaware by Delaware residents, without regard to the conflicts of laws principles. +The United Nations Convention on Contracts for the International Sale of Goods is specifically +disclaimed. You agree to all terms of this Agreement in the English language. +The state or federal courts residing in Santa Clara County, California shall have exclusive +jurisdiction over any dispute or claim arising out of this Agreement. Notwithstanding this, you +agree that NVIDIA shall still be allowed to apply for injunctive remedies or an equivalent type +of urgent legal relief in any jurisdiction. +If any court of competent jurisdiction determines that any provision of this Agreement is +illegal, invalid or unenforceable, such provision will be construed as limited to the extent +necessary to be consistent with and fully enforceable under the law and the remaining +provisions will remain in full force and effect. Unless otherwise specified, remedies are +cumulative. +Each party acknowledges and agrees that the other is an independent contractor in the +performance of this Agreement. +The SDK has been developed entirely at private expense and is “commercial items” consisting +of “commercial computer software” and “commercial computer software documentation” +provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government +or a U.S. Government subcontractor is subject to the restrictions in this Agreement pursuant +to DFARS 227.7202-3(a) or as set forth in subparagraphs (b)(1) and (2) of the Commercial +Computer Software - Restricted Rights clause at FAR 52.227-19, as applicable. Contractor/ +manufacturer is NVIDIA, 2788 San Tomas Expressway, Santa Clara, CA 95051. +The SDK is subject to United States export laws and regulations. You agree that you will not +ship, transfer or export the SDK into any country, or use the SDK in any manner, prohibited +by the United States Bureau of Industry and Security or economic sanctions regulations +administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), + + + +NVIDIA TensorRT SLA-08835-001 _v8.4.3 | 9 + General. + + + + +or any applicable export laws, restrictions or regulations. These laws include restrictions on +destinations, end users and end use. By accepting this Agreement, you confirm that you are +not a resident or citizen of any country currently embargoed by the U.S. and that you are not +otherwise prohibited from receiving the SDK. +Any notice delivered by NVIDIA to you under this Agreement will be delivered via mail, email +or fax. You agree that any notices that NVIDIA sends you electronically will satisfy any legal +communication requirements. Please direct your legal notices or other correspondence to +NVIDIA Corporation, 2788 San Tomas Expressway, Santa Clara, California 95051, United States +of America, Attention: Legal Department. +This Agreement and any exhibits incorporated into this Agreement constitute the entire +agreement of the parties with respect to the subject matter of this Agreement and supersede +all prior negotiations or documentation exchanged between the parties relating to this SDK +license. Any additional and/or conflicting terms on documents issued by you are null, void, +and invalid. Any amendment or waiver under this Agreement shall be in writing and signed by +representatives of both parties. +(v. May 24, 2021) + + + + +NVIDIA TensorRT SLA-08835-001 _v8.4.3 | 10 + Chapter 8. TensorRT SUPPLEMENT + TO SOFTWARE LICENSE + AGREEMENT FOR NVIDIA + SOFTWARE DEVELOPMENT + KITS + + + +The terms in this supplement govern your use of the NVIDIA TensorRT SDK under the terms of +your license agreement (“Agreement”) as modified by this supplement. Capitalized terms used +but not defined below have the meaning assigned to them in the Agreement. +This supplement is an exhibit to the Agreement and is incorporated as an integral part of the +Agreement. In the event of conflict between the terms in this supplement and the terms in the +Agreement, the terms in this supplement govern. +4.1 License Scope. The SDK is licensed for you to develop applications only for use in systems +with NVIDIA GPUs. +2 Distribution. The following portions of the SDK are distributable under the Agreement: the +runtime files .so and .dll. +In addition to the rights above, for parties that are developing software intended solely for +use on Jetson development kits or Jetson modules and running Linux for Tegra software +the following shall apply: the SDK may be distributed in its entirety, as provided by NVIDIA +and without separation of its components, for you and/or your licensees to create software +development kits for use only on the Jetson platform and running Linux for Tegra software. +3 Licensing. If the distribution terms in this Agreement are not suitable for your organization, +or for any questions regarding this Agreement, please contact NVIDIA at nvidia-compute- +license-questions@nvidia.com. +(v. February 25, 2021) + + + + +NVIDIA TensorRT SLA-08835-001 _v8.4.3 | 11 + Notice +This document is provided for information purposes only and shall not be regarded as a warranty of a certain functionality, condition, or quality of a product. NVIDIA +Corporation (“NVIDIA”) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the information contained in this +document and assumes no responsibility for any errors contained herein. NVIDIA shall have no liability for the consequences or use of such information or for any +infringement of patents or other rights of third parties that may result from its use. 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