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NVIDIA TensorRT

Software License Agreement | NVIDIA Docs




SLA-08835-001 _v8.6.1   |   May 2023
                                                                                                                  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............................................................................................................................. 6
Chapter 4. No Warranties..................................................................................................................... 7
Chapter 5. Limitations of Liability..................................................................................................... 8
Chapter 6. Termination...........................................................................................................................9
Chapter 7. General.................................................................................................................................10




    NVIDIA TensorRT                                                                                                                     SLA-08835-001 _v8.6.1 | 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 _v8.6.1 | 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


NVIDIA TensorRT                                                       SLA-08835-001 _v8.6.1 | 2
                                                                                      License.




third party software is held by the copyright holders indicated in the third-party software
or 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 _v8.6.1 | 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


NVIDIA TensorRT                                                        SLA-08835-001 _v8.6.1 | 4
                                                                                  Limitations.




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 _v8.6.1 | 5
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 _v8.6.1 | 6
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 _v8.6.1 | 7
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 _v8.6.1 | 8
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 _v8.6.1 | 9
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,



NVIDIA TensorRT                                                     SLA-08835-001 _v8.6.1 | 10
                                                                                    General.




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), 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 _v8.6.1 | 11
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.
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 _v8.6.1 | 12
Notice
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