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1 |
+
NVIDIA DEEP LEARNING CONTAINER LICENSE
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This license is a legal agreement between you and NVIDIA Corporation ("NVIDIA")
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and governs the use of the NVIDIA container and all its contents (“CONTAINER”).
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This license can be accepted only by an adult of legal age of majority in the
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represent.
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By using the CONTAINER, you affirm that you have reached the legal age of
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or guidelines in the relevant jurisdictions.
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1. LICENSE. Subject to the terms of this license, NVIDIA hereby grants you a
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a. The CONTAINER may run on any computing system with or without NVIDIA GPUs,
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in the CONTAINER which is licensed only to run on systems with NVIDIA GPUs. The
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NVIDIA proprietary software in the CONTAINER may be present on systems without
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NVIDIA GPUs, as long as it is not running on such systems. For components
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governed by open source software licenses, see the information in the
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“Components Under Other Licenses” section below.
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b. You may not reverse engineer, decompile or disassemble, or remove copyright
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or other proprietary notices from any portion of the CONTAINER or copies of the
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CONTAINER.
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indicate that a service or an application created with the CONTAINER is
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sponsored or endorsed by NVIDIA.
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the CONTAINER.
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f. You may not replace any NVIDIA software components in the CONTAINER that are
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governed by this license with other software that implements NVIDIA APIs.
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g. You may not use the CONTAINER in any manner that would cause it to become
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subject to an open source software license. As examples, licenses that require
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as a condition of use, modification, and/or distribution that the CONTAINER be:
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(i) disclosed or distributed in source code form; (ii) licensed for the purpose
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of making derivative works; or (iii) redistributable at no charge.
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h. You acknowledge that the CONTAINER as delivered is not tested or certified by
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NVIDIA for use in connection with the design, construction, maintenance, and/or
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operation of any system where the use or failure of such system could result in
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a situation that threatens the safety of human life or results in catastrophic
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damages (each, a “Critical Application”). Examples of Critical Applications
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include use in avionics, navigation, autonomous vehicle applications, ai
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solutions for automotive products, military, medical, life support or other life
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critical applications. NVIDIA shall not be liable to you or any third party, in
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whole or in part, for any claims or damages arising from such uses. You are
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solely responsible for ensuring that any product or service developed with the
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CONTAINER as a whole includes sufficient features to comply with all applicable
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legal and regulatory standards and requirements.
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i. You agree to defend, indemnify and hold harmless NVIDIA and its affiliates,
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and their respective employees, contractors, agents, officers and directors,
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from and against any and all claims, damages, obligations, losses, liabilities,
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costs or debt, fines, restitutions and expenses (including but not limited to
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attorney’s fees and costs incident to establishing the right of indemnification)
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arising out of or related to products or services that use the CONTAINER in or
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for Critical Applications, and for use of the CONTAINER outside of the scope of
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this license or not in compliance with its terms.
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j. You may not reverse engineer, decompile or disassemble any portion of the
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output generated using the NVIDIA proprietary software (such as CUDA and
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TensorRT software) in the CONTAINER for the purpose of translating such output
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artifacts to target a non-NVIDIA platform.
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5. UPDATES. NVIDIA may, at its option, make available patches, workarounds or
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other updates to this CONTAINER. Unless the updates are provided with their
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separate governing terms, they are deemed part of the CONTAINER licensed to you
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as provided in this license. You agree that the form and content of the
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CONTAINER that NVIDIA provides may change without prior notice to you. While
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NVIDIA generally maintains compatibility between versions, NVIDIA may in some
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cases make changes that introduce incompatibilities in future versions of the
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CONTAINER.
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6. PRE-RELEASE VERSIONS. CONTAINER versions identified as alpha, beta, preview,
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early access or otherwise as pre-release may not be fully functional, may
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contain errors or design flaws, and may have reduced or different security,
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privacy, availability, and reliability standards relative to commercial versions
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of NVIDIA software and materials. You may use a pre- release CONTAINER version
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at your own risk, understanding that these versions are not intended for use in
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production or business-critical systems. NVIDIA may choose not to make available
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a commercial version of any pre-release CONTAINER. NVIDIA may also choose to
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abandon development and terminate the availability of a pre-release CONTAINER at
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any time without liability.
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7. COMPONENTS UNDER OTHER LICENSES. The CONTAINER may include NVIDIA or
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third-party components with separate legal notices or terms as may be described
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in proprietary notices accompanying the CONTAINER. If and to the extent there is
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a conflict between the terms in this license and the license terms associated
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with the component, the license terms associated with the components control
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only to the extent necessary to resolve the conflict. For example, some Triton
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components (such as the Triton Inference Server) are governed by open source
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software licenses.
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You acknowledge and agree that it is your sole responsibility to obtain any
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additional third-party licenses required to make, have made, use, have used,
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sell, import, and offer for sale your products or services that include or
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incorporate any third- party software and content relating to audio and/or video
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encoders and decoders from, including but not limited to, Microsoft, Thomson,
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Fraunhofer IIS, Sisvel S.p.A., MPEG-LA, and Coding Technologies. NVIDIA does not
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grant to you under this license any necessary patent or other rights with
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respect to any audio and/or video encoders and decoders. Subject to the other
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terms of this license, you may use the CONTAINER to develop and test
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applications released under Open Source Initiative (OSI) approved open source
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software licenses.
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8. OWNERSHIP.
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8.1 NVIDIA reserves all rights, title and interest in and to the CONTAINER not
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expressly granted to you under this license. NVIDIA and its suppliers hold all
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intellectual property rights. The CONTAINER is copyrighted and protected by the
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provisions.
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8.2 Subject to the rights of NVIDIA and its suppliers in the CONTAINER, you hold
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derivative works of the sample source code delivered in the CONTAINER including
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fixes, modifications, feature requests or other feedback regarding the CONTAINER
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create any confidentiality obligation for NVIDIA. NVIDIA and its designees have
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a perpetual, non-exclusive, worldwide, irrevocable license to use, reproduce,
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otherwise distribute and exploit Feedback as NVIDIA sees fit without payment and
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without obligation or restriction of any kind on account of intellectual
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property rights or otherwise.
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10. NO WARRANTIES. THE CONTAINER IS PROVIDED AS-IS. TO THE MAXIMUM EXTENT
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PERMITTED BY APPLICABLE LAW NVIDIA AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL
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OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED.
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11. LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
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NVIDIA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
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PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS, PROJECT DELAYS, LOSS
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OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COSTS OF PROCURING SUBSTITUTE
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PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE OR THE USE OR
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PERFORMANCE OF THE CONTAINER, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED
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UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
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PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF
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NVIDIA HAS PREVIOUSLY BEEN ADVISED OF, OR COULD REASONABLY HAVE FORESEEN, THE
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POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NVIDIA’S AND ITS AFFILIATES TOTAL
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CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THIS LICENSE EXCEED US$10.00. THE
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NATURE OF THE LIABILITY OR THE NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR
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EXTEND THIS LIMIT.
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12. TERMINATION. Your rights under this license will terminate automatically
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without notice from NVIDIA if you fail to comply with any term and condition of
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this license or if you commence or participate in any legal proceeding against
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NVIDIA with respect to the CONTAINER. NVIDIA may terminate this license with
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advance written notice to you, if NVIDIA decides to no longer provide the
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CONTAINER in a country or, in NVIDIA’s sole discretion, the continued use of it
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is no longer commercially viable. Upon any termination of this license, you
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agree to promptly discontinue use of the CONTAINER and destroy all copies in
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license are not affected by the termination of this license. All provisions of
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this license will survive termination, except for the license granted to you.
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13. APPLICABLE LAW. This license will be governed in all respects by the laws of
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the United States and of the State of Delaware, without regard to the conflicts
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of laws principles. The United Nations Convention on Contracts for the
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International Sale of Goods is specifically disclaimed. You agree to all terms
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legal relief in any jurisdiction.
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14. NO ASSIGNMENT. This license and your rights and obligations thereunder may
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not be assigned by you by any means or operation of law without NVIDIA’s
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permission. Any attempted assignment not approved by NVIDIA in writing shall be
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void and of no effect. NVIDIA may assign, delegate or transfer this license and
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its rights and obligations, and if to a non-affiliate you will be notified.
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15. EXPORT. The CONTAINER is subject to United States export laws and
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16. GOVERNMENT USE. The CONTAINER is, and shall be treated as being, “Commercial
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Items” as that term is defined at 48 CFR § 2.101, consisting of “commercial
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computer software” and “commercial computer software documentation”,
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respectively, as such terms are used in, respectively, 48 CFR § 12.212 and 48
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CFR §§ 227.7202 & 252.227-7014(a)(1). Use, duplication or disclosure by the U.S.
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Government or a U.S. Government subcontractor is subject to the restrictions in
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this license pursuant to 48 CFR § 12.212 or 48 CFR § 227.7202. In no event shall
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the US Government user acquire rights in the CONTAINER beyond those specified in
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48 C.F.R. 52.227-19(b)(1)-(2).
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17. NOTICES. Please direct your legal notices or other correspondence to NVIDIA
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Corporation, 2788 San Tomas Expressway, Santa Clara, California 95051, United
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States of America, Attention: Legal Department. 18. ENTIRE AGREEMENT. This
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license is the final, complete and exclusive agreement between the parties
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relating to the subject matter of this license and supersedes all prior or
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contemporaneous understandings and agreements relating to this subject matter,
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whether oral or written. If any court of competent jurisdiction determines that
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any provision of this license is illegal, invalid or unenforceable, the
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remaining provisions will remain in full force and effect. Any amendment or
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waiver under this license shall be in writing and signed by representatives of
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both parties.
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19. LICENSING. If the distribution terms in this license are not suitable for
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your organization, or for any questions regarding this license, please contact
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NVIDIA at nvidia-compute-license-questions@nvidia.com.
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(v. September 14, 2021)
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