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USER GUIDE
© Copyright Imerge Ltd 2009
Page
MS1 MediaServer / MediaPlayer
NVIDIA sOFTWARE LICENsE AGREEMENT
This License For Customer Use of NVIDIA Software
(“LICENSE”) is the agreement which governs use of the
accompanying software of NVIDIA Corporation and its
subsidiaries (“NVIDIA”), including any associated printed
materials (“SOFTWARE”). By installing or otherwise
using the SOFTWARE, you agree to be bound by the
terms of this license (“LICENSE”). If you do not agree
to the terms of this LICENSE, do not download, install,
activate, or use the SOFTWARE.
reCItaLs
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 to the end user, and instead is only licensed
for use, strictly in accordance with this document. This
agreement sets forth the terms and conditions of the
LICENSE for use of the SOFTWARE.
1. DefInItIons
1.1 Customer.
Customer means the entity or individual that is the end
user of the SOFTWARE.
2. Grant of LICense
2.1 rights and Limitations of Grant.
NVIDIA hereby grants Customer the following non-
exclusive, non-transferable right to use the SOFTWARE,
with the following limitations:
2.1.1 rights.
Customer may install and use one copy of the SOFTWARE
on a single computer, and except for making one back-
up copy of the Software, may not otherwise copy the
SOFTWARE. This LICENSE of SOFTWARE may not be
shared or used concurrently on different computers.
2.1.2 Limitations.
No Reverse Engineering. Customer may not reverse
engineer, decompile, or disassemble the SOFTWARE, nor
attempt in any other manner to obtain the source code.
No Separation of Components. The SOFTWARE is
licensed as a single product. Its component parts may
not be separated for use on more than one computer,
nor otherwise used separately from the other parts.
No Distribution. Customer may not distribute, rent or
lease the SOFTWARE to third parties.
3. termInatIon
This LICENSE will automatically terminate if Customer
fails to comply with any of the terms and conditions
hereof. In such event, Customer must destroy all copies
of the SOFTWARE and all of its component parts.
4. CopYrIGht
All title and copyrights in and to the SOFTWARE
(including but not limited to all images, photographs,
animations, video, audio, music, text, and other
information incorporated into the SOFTWARE), the
accompanying printed materials, and any copies of
the SOFTWARE, are owned by NVIDIA, or its suppliers.
The SOFTWARE is protected by copyright laws and
international treaty provisions. Accordingly, Customer
is required to treat the SOFTWARE like any other
copyrighted material, except as otherwise allowed
pursuant to this LICENSE and that it may make one copy
of the SOFTWARE solely for backup or archive purposes.
5. appLICabLe Law
This LICENSE shall be deemed to have been made in, and
shall be construed pursuant to, the laws of the State of
California.
6. DIsCLaImer of warrantIes anD LImItatIon on
LIabILItY; exports
6.1 no warranties.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE SOFTWARE IS PROVIDED “AS IS” AND
NVIDIA AND ITS SUPPLIERS DISCLAIM ALL CONDITIONS,
WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY
INCLUDING, BUT NOT LIMITED TO,ANY EXPRESS OR
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
6.2 no Liability for Damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL NVIDIA OR ITS SUPPLIERS
BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT,
INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
6.3 export Laws.
Export and use of the SOFTWARE may be subject to
U.S. and foreign export control laws and regulations,
including prohibitions on use in the development or
production of nuclear, chemical or biological weapons,
or in missile technology programs as specified in the U.S.
Export Administration Regulations. By downloading,
installing, activating or using this SOFTWARE you confirm
that you will not export or re-export the SOFTWARE
without all required U.S. and foreign government
licenses. Customer will defend, indemnify, and hold
harmless NVIDIA from and against all fines, penalties,
liabilities, damages, costs and expenses incurred as a
result of any violation of such laws or regulations by
Customer or any of its agents or employees.
7. mIsCeLLaneous
The United Nations Convention on Contracts for the
International Sale of Goods is specifically disclaimed. If
any provision of this LICENSE is inconsistent with, or
cannot be fully enforced under, the law, such provision
will be construed as limited to the extent necessary to be
consistent with and fully enforceable under the law. This
LICENSE is the final, complete and exclusive agreement
between the parties relating to the subject matter
hereof, and supersedes all prior or contemporaneous
understandings and agreements relating to such subject
matter, whether oral or written. Customer agrees that it
will not ship, transfer or export the SOFTWARE into any
country, or use the SOFTWARE in any manner, prohibited
by the United States Bureau of Export Administration
or any export laws, restrictions or regulations, and that
Customer shall be solely responsible for the results of any
violation of such laws, restrictions or regulations arising
from Customer’s activities. This LICENSE may only be
modified in writing signed by an authorized officer of
NVIDIA.
