NVIDIA E1290A Users Manual

TEGRA DEVELOPMENT SYSTEM END USER LICENSE AGREEMENT

BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE SOFTWARE (AS DEFINED BELOW) OR TEGR A DEVELOPMENT SYSTEM HARDWARE, THE END USER OF THE TEGRA DEVELOPMENT SYSTEM (“YOU” OR “LICENSEE”) AGREE TO ALL OF THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORIT Y TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS,

> DO NOT (A) DOWNLOAD, INSTALL, COPY THE SOFTWARE; OR (B) ACCESS OR USE THE

TEGRA DEVELOPMENT SYSTEM; AND

> PROMPTLY RETURN THE TEGR A DEVELOPMENT SYSTEM AND SOFTWARE AND

APPLICABLE PURCHA SE ORDER TO THE PART Y FROM WHOM YOU ACQUIRED IT TO OBTAIN A REFUND OF THE AMOUNT YOU PAID, IF ANY. IF YOU DOWNLOADED THE SOFTWARE, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT.

This Tegra Development System End User License Agreement (the “Agreement”) is entered into by and between NVIDIA Corporation, a Delaware corporation, having its principal place of business at 2701 San Tomas Expressway, Santa Clara, CA 95050 (“NVIDIA”) and the individual person or single legal entity (“Licensee” or “You”) who acknowledges and agrees to fully abide by the terms and conditions of this Agreement in connection with their use of (i) the computer software programs provided pursuant to this Agreement in binary code only (“Software”); (ii) the Tegra development system hardware (“Hardware”) included with the Software; and (iii) the documentation, speciﬁcations, or other information (“Documentation”) provided in connection with the Software and Hardware (collectively the “Tegra Development System”).

Under no circumstances will the Tegra Development System and any of its related materials, disclosures, or information be used by Licensee for the purpose of competing with NVIDIA, and doing so constitutes a material breach of this Agreement.

The following terms and conditions govern Licensee’s use of any and all Software and Hardware included in the Tegra Development System:

Scope of Use. Licensee acknowledges and agrees that its use of the Software is solely limited to

Licensee’ use of the Hardware. The Tegra Development System may also include, but is not limited to, ﬁrmware for use with Tegra (and its derivatives) and reference designs. Licensee shall not sublicense, rent, lease, loan, timeshare, sell, distribute, disclose, publish, assign or transfer the Software to any other person or entity. The Tegra Development System must be used solely for the purpose of testing and / or validating the Tegra Development System in connection with Licensee’s hardware and / or software which is meant to be shipped attached to the Tegra platform by an end customer.

Term. This Agreement and the licenses granted hereunder to the Tegra Development System shall be effective as of the date You ﬁrst use the Tegra Development System (“Effective Date”) and continue for a period of one (1) year (the “Initial Term”), unless terminated in accordance with the “Termination” section below. Unless either party notiﬁes the other part y of its intent to terminate this Agreement at least three (3) months prior to the end of the Initial Term or the applicable renewal period, this Agreement will be automatically renewed for one (1) year renewal periods, provided however that this Agreement will automatically expire at such time when Licensee no longer intends to use the the Tegra Development System for the authorized purposes described in this Agreement, at which time Licensee will comply with the Termination provision.

Termination. Either party may terminate this Agreement for convenience at any time upon ﬁfteen (15) days prior written notice to the other party. Additionally, NVIDIA may terminate this Agreement immediately upon written notice for the material breach of Licensee, which material breach is curable and has remained uncured for a period of thirty (30) days from the date of delivery of written notice thereof to the other party. Upon the termination or expiration of this Agreement, Licensee shall (i) immediately cease using the Tegra Development System for any purpose whatsoever; (ii) immediately return to NVIDIA all Hardware in Licensee’s possession or control; (iii) immediately destroy or return to NVIDIA all materials belonging to NVIDIA, including without limitation all copies

TEGRA DEVELOPMENT SYSTEM END USER LICENSE AGREEMENT 1

of the Tegra Development System then in Licensee’s possession or control; and (iv) certify to NVIDIA in writing that it has done so. These remedies shall be cumulative and in addition to any other remedies available to NVIDIA.

Prerelease. The Tegra Development System is provided to you “as is” without any warranties of any kind, and may include pre-release features, capabilities or errata which may not be available or accessible in commercial versions. Inclusion of any features or capabilities, or development or support of any commercial version of the Tegra Development System is at NVIDIA’s sole discretion.

Additional Security Restrictions / Requirements. a. Secure environment. Licensee agrees to keep the Tegra Development System in its possession, in a secure environment with access limited to Licensee’s employees having a direct need for such access, with such access to be granted in accordance with the terms of this Agreement. NVIDIA may establish on-line resources for Licensee and Licensee shall not disclose any NVIDIA-provided password to any third party. Items viewed on or downloaded from any password-accessible NVIDIA on-line resource or password-accessible site or other provider’s ser vices are NVIDIA Material and are subject to the terms of this Agreement, including the conﬁdentiality provisions. NVIDIA reser ves the right to revoke in writing the password or use of the site or revise any of the access terms at any time.

b. Licensee may not (nor allow, authorize or assist others to): decompile, reverse engineer, disassemble, take photographic and / or video reproductions or the like, or attempt to learn information about the internal architecture, design, operation, manufacture, features, or functionality of the Tegra Development System. NVIDIA has the right to make reasonable audits to verify compliance with this Agreement upon prior notice. Notwithstanding the foregoing, nothing in this Agreement shall restrict Licensee from attempting to learn or learning information regarding the operation, features, or functionality of the Tegra Development System’s industry standard bus attach points for Licensee’s devices (as solely related to the Purpose). If additional information or investigation is needed, Licensee must request that from the NPL A Administrator. Any additional information shall be provided to Licensee at NVIDIA’s sole discretion.

c. Licensee shall not lease, sublease, assign, or otherwise transfer or dispose of the Tegra Development System or any portion thereof. Customer shall not remove, move, or relocate the Tegra Development System from the location listed where NVIDIA has shipped the Tegra Development System without the prior approval of an authorized NVIDIA representative.

d. Licensee’s access to the Tegra Development System must solely be from NVIDIA. Licensee must have written permission from NVIDIA to receive any part of the Tegra Development System from third parties.

e. If Licensee is unable to locate the Tegra Development System, or any portion thereof, at any time, Licensee must notify NVIDIA within one (1) business day.

Applicable Governing Laws. You may not use or export the Tegra Development System in violation of U.S. export laws and regulations. Any claim relating to the Tegra Development System shall be governed by the internal substantive laws of the State of Delaware. NVIDIA and You hereby agree that all disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of and venue in the federal and state courts within Santa Clara County, California, and both parties hereby consent to the personal and exclusive jurisdiction and venue of these courts.

No Assignment. This Agreement, and each party’s rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by either par ty without the other party’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

Miscellaneous. NVIDIA may revise the terms and conditions of this Agreement at any time by updating this Agreement. The terms and conditions in this Agreement may be superseded by agreements signed by the parties, as applicable. The pass-through third par ty component license terms starting from page 6 of this Agreement may or may not be applicable, depending on the actual drop delivered to Licensee. Third party component licensing terms may be added, removed, or revised as applicable.

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TEGRA DEVELOPMENT SYSTEM END USER LICENSE AGREEMENT2

The following terms and conditions govern Licensee’s use of NVIDIA proprietary software and documentation (collectively “NVIDIA Materials”) provided in connection with Licensee’s use of the Tegra Development System:

Single Copy License Grant. The NVIDIA Materials are copyrighted and any unauthorized use of

any NVIDIA Materials in connection with this Agreement may violate copyright, trademark, and other laws. This is a single copy license grant, not a transfer of title, and is subject to the following restrictions:

a. You may use one copy of the NVIDIA Materials solely on a single Tegra Development System solely for internal evaluation, development and testing purposes; and

b. You may not: (i) publicly demonstrate or distribute the NVIDIA Materials in connection with Licensee’s software and/or hardware products; (ii) decompile, reverse engineer, or disassemble NVIDIA Materials, except and only to the extent permitted by applicable law; (iii) remove any copyright, other intellectual property or proprietary notices from the NVIDIA Materials; (iv) sublicense, rent, lease, loan, timeshare, sell, distribute, disclose, publish, assign or transfer the NVIDIA Materials to any other person or entity; or (v) under any circumstances allow the NVIDIA Materials be used on NVIDIA’s Competitors software and/or hardware platforms. For the purposes of this Agreement, “Competitors” shall mean any company that develops, manufactures, produces, sells, distributes or licenses application processors, computers-on-chips, systems-on-chips, CPUs, DSPs or GPU technology.

No Excluded Licenses. The licenses granted above do not include the right to, and Licensee shall not: (a) create derivative work(s) of the NVIDIA Materials in any manner that would cause the NVIDIA Materials, in whole or in part, to become subject to the terms of an Excluded License. For the purposes of this Agreement, “Excluded License” shall mean any license that requires as a condition of use, modiﬁcation and/or distribution of software subject to the Excluded License, that such software or other software distributed and/or combined with such software be (i) disclosed or distributed in source code form, (ii) licensed for the purpose of making derivative works, or (iii) redistributable at no charge.

Reservation of Rights. NVIDIA reserves all rights to the NVIDIA Materials not expressly granted to Licensee in this Agreement.

No Implied Licenses. Nothing in this Agreement shall be construed as granting to Licensee by implication, estoppel or otherwise, (a) a license to any NVIDIA technology other than the NVIDIA Materials; or (b) any additional license rights for the NVIDIA Materials other than the licenses expressly granted in this Agreement.

Ownership of NVIDIA Materials. NVIDIA reserves all right, title and interest in the NVIDIA Materials. NVIDIA Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modiﬁed, published, uploaded, posted, transmitted, or distributed in any way, without NVIDIA’s prior written permission. Except as expressly provided herein, NVIDIA and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, trade secret or any other intellectual property or proprietary right.

Feedback by Licensee. Licensee may, but is not obligated to, provide to NVIDIA any suggestions, comments and feedback regarding the NVIDIA Materials that are delivered by NVIDIA to Licensee under this Agreement (collectively, “Licensee Feedback”). NVIDIA may use and include any Licensee Feedback that Licensee voluntarily provides to improve the NVIDIA Materials or other related NVIDIA technologies. Accordingly, if Licensee provides Licensee Feedback, Licensee grants NVIDIA and its licensees a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license grant to freely use, have used, sell, modify, reproduce, transmit, license, sublicense (through multiple tiers of sublicensees), distribute (through multiple tiers of distributors), and otherwise commercialize the Licensee Feedback in the NVIDIA Materials or other related technologies. Licensee will not give Licensee Feedback (i) that Licensee has reason to believe is subject to any patent claim or similar right of a third party; or (ii) subject to license terms which seek to require any NVIDIA product incorporating or derived from such Licensee Feedback, or other NVIDIA intellectual property, to be licensed to or otherwise shared with any third party.

Disclosure of Conﬁdential Information. The parties agree that any exchange of Conﬁdential Information (deﬁned herein) shall occur under a separately signed form of Non-Disclosure Agreement by and between the parties. For the purposes of this Agreement, “Conﬁdential Information” shall mean any information disclosed by either party to the other that is (a) identiﬁed as “conﬁdential,” “proprietary” or with a similar legend at the time of disclosure; (b) if unmarked or disclosed orally or visually, are identiﬁed as conﬁdential at the time of disclosure and conﬁrmed

TEGRA DEVELOPMENT SYSTEM END USER LICENSE AGREEMENT 3

by a written memorandum sent to the receiving party within thirty (30) calendar days of disclosure summarizing the conﬁdential information sufﬁciently for identiﬁcation; and (c) the terms and conditions of this Agreement.

Conﬁdential Information shall not include any information which is (a) published or otherwise available to the public other than by breach of this Agreement by the receiving party; (b) rightfully received by the receiving party from a third party without conﬁdentiality limitations; (c) independently developed by the receiving party as evidenced by appropriate records; (d) known to the receiving party prior to its ﬁrst receipt of same from the disclosing party as evidenced by appropriate records; (e) hereinafter disclosed by the disclosing party to a third party without restriction on disclosure; or (f) approved for public release by written authorization of the disclosing party.

Warranty Disclaimer. THE NVIDIA MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARR ANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE NVIDIA MATERIALS, EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILIT Y OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE E XCLUSION OR LIMITATION OF LIABILIT Y FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NVIDIA does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these NVIDIA Materials. NVIDIA may make changes to these NVIDIA Materials, or to the products described therein, at any time without notice, but makes no commitment to update the NVIDIA Materials.

Limitation of Liability. EXCEPT WITH RESPECT TO (I) AN UNCURED BRE ACH BY LICENSEE OF THE LICENSE GRANTS SET FORTH HEREIN; (II) GROSS NEGLIGENCE OR MISCONDUCT; (III) BREACH OF CONFIDENTIAL INFORMATION OR (IV) THE MISUSE OF NVIDIA’S INTELLECTUAL PROPERTY PURSUANT TO THIS AGREEMENT, IN NO EVENT SHALL:

(A) EITHER PART Y BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, OF ANY KIND OR CHARACTER, INCLUDING LOST PROFITS, LOST REVENUE, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, LOSS OF DATA OR USE, AND CLAIMS BY ANY THIRD PARTY, ARISING OUT OF OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT; AND

(B) EITHER PART Y’S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF TEN THOUSAND UNITED STATES DOLL ARS (USD$10,000). THE FOREGOING EXCLUSION AND LIABILITY LIMITATIONS APPLY EVEN IF SUCH PART Y HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND LIABILITY LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

U.S. Government Restricted Rights. If the NVIDIA Materials are being licensed by the U.S. Government, the NVIDIA Materials and related documentation are commercial computer software and documentation developed exclusively at private expense, and (a) if acquired by or on behalf of a civilian agency, shall be subject to the terms of this computer software license as speciﬁed in 48 C.F.R. 12.212 of the Federal Acquisition Regulations and its successors; and (b) if acquired by or on behalf of units of the Department of Defense (“DOD”) shall be subject to the terms of this commercial computer software license as speciﬁed in 48 C.F.R. 227.7202-2, DOD FAR Supplement and its successors. Use of the NVIDIA Materials by the Government constitutes acknowledgment of NVIDIA’s proprietary rights in them.

Miscellaneous. NVIDIA may revise the terms and conditions of this license grant for NVIDIA Materials at any time by updating this Agreement.

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TEGRA DEVELOPMENT SYSTEM END USER LICENSE AGREEMENT4

The following terms and conditions govern Licensee’s use of the Android operating system (collectively “Android Materials”) provided solely in connection with Licensee’s use of the Tegra Development System:

Licensee agrees that NVIDIA provides the Android Materials pursuant to the terms and conditions of the following license agreement:

4 Licensed under the Apache License, Version 2.0 (the “License”); 5 you may not use this ﬁle except in compliance with the License. 6 7 Unless required by applicable law or agreed to in writing, software 8 distributed under the License is distributed on an “AS IS” BASIS, 9 WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. 10 See the License for the speciﬁc language governing permissions and 11 limitations under the License. 12 13 14 Apache License 15 Version 2.0, January 2004 16 http://www.apache.org/licenses/ 17 18 TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION 19 20 1. Deﬁnitions. 21 22 “License” shall mean the terms and conditions for use, reproduction, 23 and distribution as deﬁned by Sections 1 through 9 of this document. 24 25 “Licensor” shall mean the copyright owner or entity authorized by 26 the copyright owner that is granting the License. 27 28 “Legal Entit y” shall mean the union of the acting entity and all 29 other entities that control, are controlled by, or are under common 30 control with that entity. For the purposes of this deﬁnition, 31 “control” means (i) the power, direct or indirect, to cause the 32 direction or management of such entity, whether by contract or 33 otherwise, or (ii) ownership of ﬁfty percent (50%) or more of the 34 outstanding shares, or (iii) beneﬁcial ownership of such entity. 35 36 “You” (or “Your”) shall mean an individual or Legal Entity 37 exercising permissions granted by this License. 38 39 “Source” form shall mean the preferred form for making modiﬁcations, 40 including but not limited to software source code, documentation 41 source, and conﬁguration ﬁles. 42 43 “Object” form shall mean any form resulting from mechanical 44 transformation or translation of a Source form, including but 45 not limited to compiled object code, generated documentation, 46 and conversions to other media types. 47 48 “Work” shall mean the work of authorship, whether in Source or 49 Object form, made available under the License, as indicated by a 50 copyright notice that is included in or attached to the work 51 (an example is provided in the Appendix below). 52 53 “Derivative Works” shall mean any work, whether in Source or Object 54 form, that is based on (or derived from) the Work and for which the 55 editorial revisions, annotations, elaborations, or other modiﬁcations 56 represent, as a whole, an original work of authorship. For the purposes 57 of this License, Derivative Works shall not include works that remain 58 separable from, or merely link (or bind by name) to the inter faces of,

TEGRA DEVELOPMENT SYSTEM END USER LICENSE AGREEMENT 5

59 the Work and Derivative Works thereof. 60 61 “Contribution” shall mean any work of authorship, including 62 the original version of the Work and any modiﬁcations or additions 63 to that Work or Derivative Works thereof, that is intentionally 64 submitted to Licensor for inclusion in the Work by the copyright owner 65 or by an individual or Legal Entity authorized to submit on behalf of 66 the copyright owner. For the purposes of this deﬁnition, “submitted” 67 means any form of electronic, verbal, or written communication sent 68 to the Licensor or its representatives, including but not limited to 69 communication on electronic mailing lists, source code control systems, 70 and issue tracking systems that are managed by, or on behalf of, the 71 Licensor for the purpose of discussing and improving the Work, but 72 excluding communication that is conspicuously marked or otherwise 73 designated in writing by the copyright owner as “Not a Contribution.” 74 75 “Contributor” shall mean Licensor and any individual or Legal Entity 76 on behalf of whom a Contribution has been received by Licensor and 77 subsequently incorporated within the Work. 78 79 2. Grant of Copyright License. Subject to the terms and conditions of 80 this License, each Contributor hereby grants to You a perpetual, 81 worldwide, non-exclusive, no-charge, royalty-free, irrevocable 82 copyright license to reproduce, prepare Derivative Works of, 83 publicly display, publicly perform, sublicense, and distribute the 84 Work and such Derivative Works in Source or Object form. 85 86 3. Grant of Patent License. Subject to the terms and conditions of 87 this License, each Contributor hereby grants to You a perpetual, 88 worldwide, non-exclusive, no-charge, royalty-free, irrevocable 89 (except as stated in this section) patent license to make, have made, 90 use, offer to sell, sell, import, and otherwise transfer the Work, 91 where such license applies only to those patent claims licensable 92 by such Contributor that are necessarily infringed by their 93 Contribution(s) alone or by combination of their Contribution(s) 94 with the Work to which such Contribution(s) was submitted. If You 95 institute patent litigation against any entity (including a 96 cross-claim or counterclaim in a lawsuit) alleging that the Work 97 or a Contribution incorporated within the Work constitutes direct 98 or contributory patent infringement, then any patent licenses 99 granted to You under this License for that Work shall terminate 100 as of the date such litigation is ﬁled. 101 102 4. Redistribution. You may reproduce and distribute copies of the 103 Work or Derivative Works thereof in any medium, with or without 104 modiﬁcations, and in Source or Object form, provided that You 105 meet the following conditions: 106 107 (a) You must give any other recipients of the Work or 108 Derivative Works a copy of this License; and 109 110 (b) You must cause any modiﬁed ﬁles to carry prominent notices 111 stating that You changed the ﬁles; and 112 113 (c) You must retain, in the Source form of any Derivative Works 114 that You distribute, all copyright, patent, trademark, and 115 attribution notices from the Source form of the Work, 116 excluding those notices that do not pertain to any part of 117 the Derivative Works; and 118 119 (d) If the Work includes a “NOTICE” text ﬁle as part of its 120 distribution, then any Derivative Works that You distribute must 121 include a readable copy of the attribution notices contained 122 within such NOTICE ﬁle, excluding those notices that do not 123 pertain to any part of the Derivative Works, in at least one

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