Updating Ansel SDK to the latest revisionv1.4.339

1 files changed, 317 insertions, 317 deletions

diff --git a/docs/GameWorks Binary SDK EULA _ NVIDIA Developer.txt b/docs/GameWorks Binary SDK EULA _ NVIDIA Developer.txt
index 080634f..585f6bf 100644
--- a/docs/GameWorks Binary SDK EULA _ NVIDIA Developer.txt
+++ b/docs/GameWorks Binary SDK EULA _ NVIDIA Developer.txt
@@ -1,317 +1,317 @@
-
-  GameWorks Binary SDK EULA
-
-*NVIDIA CORPORATION
-NVIDIA GAMEWORKS BINARY SDK END USER LICENSE AGREEMENT*
-
-NVIDIA Corporation ("NVIDIA") is willing to license the NVIDIA GameWorks
-Binary SDK associated with this download and the accompanying
-documentation, installation routines and support files, sample art files
-and assets, and supporting utilities (collectively, the "NVIDIA
-GameWorks SDK") to you only on the condition that you accept all the
-terms in this License Agreement ("Agreement").
-
-IMPORTANT: READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE
-ACCOMPANYING NVIDIA GAMEWORKS SDK.
-
-IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, NVIDIA IS NOT
-WILLING TO LICENSE THE NVIDIA GAMEWORKS SDK TO YOU AND YOU SHALL NOT 
-USE THIS SDK OR ANY PART OF IT.
-
-*Note: this End User License Agreement applies to GameWorks Modules
-downloaded in binary (compiled) form. This End User License Agreement
-does not apply to GameWorks Source Code. For GameWorks Source Code,
-please refer to:* GameWorks Source SDK EULA (please log into NVIDIA
-Registered Developer Program to see this document).
-<https://developer.nvidia.com/gameworks-source-sdk-eula>
-1. Definitions.
-
-“NVIDIA GameWorks Application” means a software application designed for
-use and fully compatible with the NVIDIA Graphics processor products,
-including but not limited to, a video game, visual simulation, movie, or
-other product.
-
-"NVIDIA GameWorks Binary SDK" means the set of instructions for
-computers, in executable form only and in any media (which may include
-diskette, CD-ROM, downloadable internet, hardware, or firmware)
-comprising NVIDIA's proprietary Software Development Kit (in compiled or
-binary form) and related media and printed materials, including
-reference guides, documentation, and other manuals, installation
-routines and support files, libraries, sample art files and assets,
-tools, support utilities and any subsequent updates or adaptations
-provided by NVIDIA, whether with this installation or as separately
-downloaded (unless containing their own separate license terms and
-conditions).
-
-“Sample Code” means the sample interface or application source and
-object code files contained within the particular GameWorks SDK’s
-“Samples” directory or made available for download from the NVIDIA
-GameWorks developer site and designated as sample code.
-
-2. License.  Subject to the terms and conditions of this Agreement,
-NVIDIA grants you (“you”) a limited, non-exclusive, non-transferable
-world-wide, royalty-free license to (a) internally install, use and
-display the NVIDIA GAMEWORKS SDK, solely for purposes of developing
-NVIDIA GameWorks asset content for NVIDIA GameWorks Applications; (b)
-internally use, copy, modify and compile the Sample  Code  to  design, 
-develop  and  test  NVIDIA GameWorks  assets;  and  (c)  reproduce  and 
-distribute  the Redistributable Code only in object code form and only
-as fully integrated into NVIDIA GameWorks Applications, in each case
-solely for your commercial and non-commercial purposes provided that
-your NVIDIA GameWorks Applications run solely on Windows PCs .  
-
-In addition, you may not and shall not permit others to:
-
-I.    modify, reproduce, de-compile, reverse engineer or translate the
-NVIDIA GameWorks SDK; or
-II.    distribute or transfer the NVIDIA GameWorks SDK other than as
-part of the NVIDIA GameWorks Application.
-
-Except  as  expressly  granted  herein,  no  other  license  under  any 
-patent,  copyright,  trade  secret, trademark or other intellectual
-property right is granted to or conferred upon you by this Agreement.
-All other rights are expressly reserved by NVIDIA and its licensors.
-
-3. Redistribution; NVIDIA GameWorks Applications.  Any redistribution of
-the NVIDIA GameWorks SDK (in accordance with Section 2 above) or
-portions  thereof must  be subject to  an end user  license  agreement 
-including language that
-
-a)   prohibits the end user from modifying, reproducing, de-compiling,
-reverse engineering or translating the NVIDIA GameWorks SDK;
-b)   prohibits the end user from distributing or transferring the NVIDIA
-GameWorks SDK other than as part of the NVIDIA GameWorks Application;
-c)   disclaims any and all warranties on behalf of NVIDIA and its
-affiliated companies and licensors;
-d)   disclaims, to the maximum extent permitted by law, NVIDIA’s, its
-affiliated companies and its licensors' liability for all damages,
-direct or indirect, incidental or consequential, that may arise from any
-use of the NVIDIA GameWorks SDK and/or NVIDIA GameWorks Application;
-e)   requires the end user to agree not to export the NVIDIA GameWorks
-SDK and/or NVIDIA GameWorks Application, directly or indirectly, in
-violation of any U.S. laws; and
-
-You are required to notify NVIDIA prior to use of the NVIDIA GameWorks
-SDK in the development of any commercial Application.  Please send
-notification by email to: [email protected] and provide the
-following information in the email:
-
-  * Company Name
-  * Publisher  and Developer Name
-  * Game Title or Application Name
-  * Platforms (i.e. PC, Xbox, PlayStation)
-  * Scheduled Ship Date
-  * WebLink to product/video
-
-Any Application integrating the NVIDIA GameWorks SDK is subject to a
-license to NVIDIA for use and public display of such Application for
-advertising and marketing purposes.
-
-Failure to notify NVIDIA pursuant to this Section AND FAILURE to provide
-attribution pursuant to section 6 shall be considered a material breach
-of this agreement.
- 
-4. Ownership, Protections.  The NVIDIA GameWorks SDK is owned by NVIDIA
-and NVIDIA licensors, and is protected by United States copyright laws,
-international treaty provisions, and other applicable laws. With regard
-to any copies made, you agree to reproduce any copyright notices and
-other proprietary legends  included on  the original.    NVIDIA
-copyright  notice(s) may  appear in any of several forms, including
-machine-readable form, and you agree to reproduce such notice in each
-form in which it appears.  Title and copyrights to the NVIDIA GameWorks
-SDK and any copies made by you remain with NVIDIA and its licensors. 
-You acknowledge that the NVIDIA GameWorks SDK contain valuable
-proprietary information and trade secrets and that unauthorized or
-improper use of the NVIDIA GameWorks SDK will result in irreparable harm
-to NVIDIA and its licensors for which monetary damages would be
-inadequate and for which NVIDIA and its licensors will be entitled to
-immediate injunctive relief.  Subject to the rights of NVIDIA and its
-licensors in the NVIDIA GameWorks SDK and the Sample Code, you own your
-modifications to the Sample Code.
-
-5. Restrictions.  You will not, and will not permit others to: (a)
-modify, translate, decompile, bootleg, reverse engineer, disassemble, or
-extract the inner workings of any portion of the NVIDIA GameWorks SDK
-except the Sample Code, (b) copy the look-and-feel or functionality of
-any portion of the NVIDIA GameWorks SDK except the Sample Code; (c)
-remove any proprietary notices, marks, labels, or logos from the NVIDIA
-GameWorks SDK or any portion thereof; (d) rent, transfer or use as a
-service bureau all or some of the NVIDIA GameWorks SDK without NVIDIA’s
-prior written consent, except in the form of Applications and subject to
-the requirements of this Agreement; (e) utilize any computer software or
-hardware which is designed to defeat any copy protection device, should
-the NVIDIA GameWorks SDK be equipped with such a protection device; or
-(f) use the NVIDIA Licensed Software in any manner that would cause the
-NVIDIA Licensed Software to become subject to an Open Source License. 
-"Open Source License" includes, without limitation, a software license
-that requires as a condition of use, modification, and/or distribution
-of such software that the NVIDIA Licensed Software be (i) disclosed or
-distributed in source code form; (ii) be licensed for the purpose of
-making derivative works; or (iii) be redistributable at no charge. 
-Unauthorized copying of the NVIDIA GameWorks SDK, or failure to comply
-with any of the provisions of this Agreement, will result in automatic
-termination of this license.
-
-6. Attribution Requirements and Trademark License.  You must provide
-attribution to NVIDIA.
-
-A.   You will include a reference to the NVIDIA GameWorks and NVIDIA in
-any press releases for such Game/Application that relate to NVIDIA, or
-in-game NVIDIA GameWorks technology, and will identify NVIDIA as the
-provider of "NVIDIA GameWorks" (or such other term or phrase as
-indicated by NVIDIA from time to time).
-
-B.   For Games, Demos, and Videos that incorporate the NVIDIA GameWorks
-SDK or portions thereof, the NVIDIA GameWorks logos must appear:
-
-a. on the back cover of the instruction manual or similar placement in
-an electronic file for the purpose of
-acknowledgement/copyright/trademark notice;
-b. on external packaging;
-c.    during opening marquee or credits with inclusion of “NVIDIA”;
-d. must appear on title marketing feature list   with a specific
-call-out of NVIDIA GameWorks Technology
-e. on the credit screen; and
-f.    in  the  “About”  or  “Info”  box  menu  items  (or  equivalent) 
-of  all  Games  or Applications using any portion of the NVIDIA
-GameWorks SDK.
-
-C.   Provide a quote citing yourthe Licensee’s integration of the NVIDIA
-GameWorks SDK into the Game or Application for NVIDIA’s use in press
-materials and website.
-
-D.   Refer to NVIDIA GameWorks in all press coverage referring to the
-use NVIDIA GameWorks technology in the development of any Game or
-Application.
-
-E. Identification by NVIDIA.  Subject to the terms and conditions of
-this Agreement, you agree that NVIDIA may identify you, on NVIDIA's
-website, printed collateral, trade-show displays and other retail
-packaging materials, as a company that produces products and/or services
-which incorporate the NVIDIA Gameworks SDK. To the extent that you
-provide NVIDIA with input or usage requests with regard to the use of
-your logo or materials, NVIDIA will use commercially reasonable efforts
-to comply with such requests.  For the avoidance of doubt, NVIDIA’s
-rights pursuant to this Section 6(E) shall survive any cancellation or
-termination of the Agreement with respect to existing products and/or
-services which incorporate the NVIDIA GameWorks SDK.
-
-F.     Game/Demo-related Marketing Material. You permit NVIDIA to create
-and display self-promotional demo materials and use screenshot materials
-that capture game assets from real-time game play, captured video clips
-and images from the Game, after release of the Game to the public, and
-you may also provide NVIDIA with screenshots / imagery and video footage
-of the Game/Demo representative of your use of the NVIDIA Gameworks SDK
-in the Game (collectively, “Assets”). You hereby grant to NVIDIA the
-right to distribute, sub-license, and use the Assets in order to promote
-and market the NVIDIA GameWorks SDK. To the extent that Company provides
-NVIDIA with input or usage requests with regard to the use of your logo
-or materials, NVIDIA will use commercially reasonable efforts to comply
-with such requests.  For the avoidance of doubt, NVIDIA’s rights
-pursuant to this Section 6(F) shall survive any cancellation or
-termination of the Agreement with respect to Applications which
-incorporate the NVIDIA GameWorks SDK.
-
-Failure to provide attribution pursuant to this Section shall be
-considered a material breach of this agreement.
-
-Except as expressly set forth in this Section 6, or in a separate
-written agreement with NVIDIA, you may not use NVIDIA's trademarks,
-whether registered or unregistered, in connection with the Application
-in any manner or imply that NVIDIA endorses or otherwise approves of the
-Application or that you and NVIDIA are in any way affiliated.  Your use
-of the NVIDIA name under this Agreement does not create any right, title
-or interest in the NVIDIA name or any NVIDIA trademarks and all goodwill
-arising from your use inure solely to the benefit of NVIDIA.
-
-7. DISCLAIMER.   THE NVIDIA GAMEWORKS SDK IS PROVIDED “AS IS” AND NVIDIA
-AND ITS LICENSORS MAKE, AND YOU RECEIVE, NO OTHER WARRANTIES OF ANY
-KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH
-YOU. NVIDIA SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING THE
-IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR
-A PARTICULAR PURPOSE.  NVIDIA DOES NOT WARRANT THAT THE OPERATION OF THE
-SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE
-SOFTWARE WILL BE CORRECTED.  NVIDIA MAKES NO WARRANTY WITH RESPECT TO
-THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE SOFTWARE AND
-DOCUMENTATION.  Some jurisdictions do not allow the exclusion of implied
-warranties, so the above exclusion may not apply to you.
-
-
-8. Confidential Information.  All technical and business information
-disclosed by NVIDIA to you under this Agreement, including but not
-limited to source code, documentation, technical assistance and any
-confidential information pertaining to NVIDIA’s business or products,
-are to be considered “NVIDIA Confidential Information.” You will not
-disclose any portion of NVIDIA Confidential Information to any third
-party and will protect all NVIDIA Confidential Information with the same
-degree of care as you use to protect your own information of a
-confidential or proprietary nature, but always with at least a
-reasonable degree of care.  This obligation of confidentiality will
-survive termination and/or expiration of this Agreement for any reason.
- 
-9. LIMITATION OF LIABILITY.  THE TOTAL LIABILITY OF NVIDIA AND ITS
-LICENSORS UNDER THIS AGREEMENT FOR DAMAGES WILL NOT EXCEED $100 IN THE
-AGGREGATE.  IN NO EVENT WILL NVIDIA OR ITS LICENSORS BE LIABLE IN ANY
-WAY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES
-OF ANY NATURE, INCLUDING WITHOUT LIMITATION, LOST BUSINESS PROFITS, OR
-LIABILITY OR INJURY TO THIRD PERSONS, WHETHER FORESEEABLE OR NOT,
-REGARDLESS OF WHETHER NVIDIA OR ITS LICENSORS HAVE BEEN ADVISED OF THE
-POSSIBILITY OF SUCH DAMAGES.   Some jurisdictions do not permit
-limitations of liability for incidental or consequential damages, so the
-above exclusions may not apply to you.
-
-
-10. Term of License; Termination.  Your right to use the NVIDIA
-GameWorks SDK will begin when you click the “ACCEPT” button, which
-constitutes acceptance of the terms and conditions herein.  The license
-is effective until otherwise terminated.  You may terminate it at any
-time by destroying the NVIDIA GameWorks SDK and all portions thereof,
-together with all copies in any form.  If you fail to comply with any
-material term or condition of this Agreement and do not cure the
-noncompliance within 30 days of receipt of written notice of
-noncompliance from NVIDIA, NVIDIA may terminate your rights to conduct
-any further development under Sections 2(a) and (b) of this Agreement
-("Partial Termination").   Upon Partial Termination, you will certify to
-NVIDIA in writing that the original and all stand-alone copies, in whole
-or in part, of the NVIDIA GameWorks SDK have been destroyed. Upon
-Partial Termination, you may continue to distribute any Application that
-has been commercially released prior to such termination subject to
-prospective compliance with this Agreement.  Upon any other termination,
-you will certify to NVIDIA in writing that the original and all copies,
-in whole or in part, of the NVIDIA GameWorks SDK have been destroyed,
-including those portions contained within any unshipped Applications.
-
-11. Governing Law. This Agreement will be governed by the laws of the
-United States of America to the extent that they apply and otherwise by
-the laws of the State of Delaware notwithstanding the application of any
-conflicts of law rules. Exclusive venue over all disputes arising under
-or relating to this Agreement shall be in the federal or state courts of
-Santa Clara County, California.  .
-
-12. Export.  You agree and certify that no portion of the NVIDIA
-GameWorks SDK nor any other technical data received from NVIDIA will be
-exported outside the United States except as authorized and as permitted
-by the laws and regulations of the United States. If you have rightfully
-obtained the NVIDIA GameWorks SDK outside of the United States, you
-agree that you will not re-export any portion of the NVIDIA GameWorks
-SDK nor any other technical data received from NVIDIA, except as
-permitted by the laws and regulations of the United States and the laws
-and regulations of the jurisdiction in which you obtained the NVIDIA
-GameWorks SDK.
- 
-13. Assignment.  You may not sublicense, assign or transfer this
-Agreement or the NVIDIA GameWorks SDK except as expressly provided in
-this Agreement.  Any attempt to otherwise sublicense, assign or transfer
-any of the rights, duties or obligations hereunder is null and void.
-
-14. Survival.  The parties agree that where the context of any provision
-indicates an intent that it will survive the term of this Agreement,
-then it will survive.  All terms of this Agreement survive Partial
-Termination except Sections 2(a) and (b).
-
-15. Entire Agreement.  This Agreement contains the parties’ entire
-agreement regarding your use
-of the NVIDIA GameWorks SDK and may be amended only in writing signed by
-both parties. Copyright © 2014 NVIDIA Corporation. All rights reserved.
-
-US AND INTERNATIONAL PATENTS PENDING.
+

+  GameWorks Binary SDK EULA

+

+*NVIDIA CORPORATION

+NVIDIA GAMEWORKS BINARY SDK END USER LICENSE AGREEMENT*

+

+NVIDIA Corporation ("NVIDIA") is willing to license the NVIDIA GameWorks

+Binary SDK associated with this download and the accompanying

+documentation, installation routines and support files, sample art files

+and assets, and supporting utilities (collectively, the "NVIDIA

+GameWorks SDK") to you only on the condition that you accept all the

+terms in this License Agreement ("Agreement").

+

+IMPORTANT: READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE

+ACCOMPANYING NVIDIA GAMEWORKS SDK.

+

+IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, NVIDIA IS NOT

+WILLING TO LICENSE THE NVIDIA GAMEWORKS SDK TO YOU AND YOU SHALL NOT 

+USE THIS SDK OR ANY PART OF IT.

+

+*Note: this End User License Agreement applies to GameWorks Modules

+downloaded in binary (compiled) form. This End User License Agreement

+does not apply to GameWorks Source Code. For GameWorks Source Code,

+please refer to:* GameWorks Source SDK EULA (please log into NVIDIA

+Registered Developer Program to see this document).

+<https://developer.nvidia.com/gameworks-source-sdk-eula>

+1. Definitions.

+

+“NVIDIA GameWorks Application” means a software application designed for

+use and fully compatible with the NVIDIA Graphics processor products,

+including but not limited to, a video game, visual simulation, movie, or

+other product.

+

+"NVIDIA GameWorks Binary SDK" means the set of instructions for

+computers, in executable form only and in any media (which may include

+diskette, CD-ROM, downloadable internet, hardware, or firmware)

+comprising NVIDIA's proprietary Software Development Kit (in compiled or

+binary form) and related media and printed materials, including

+reference guides, documentation, and other manuals, installation

+routines and support files, libraries, sample art files and assets,

+tools, support utilities and any subsequent updates or adaptations

+provided by NVIDIA, whether with this installation or as separately

+downloaded (unless containing their own separate license terms and

+conditions).

+

+“Sample Code” means the sample interface or application source and

+object code files contained within the particular GameWorks SDK’s

+“Samples” directory or made available for download from the NVIDIA

+GameWorks developer site and designated as sample code.

+

+2. License.  Subject to the terms and conditions of this Agreement,

+NVIDIA grants you (“you”) a limited, non-exclusive, non-transferable

+world-wide, royalty-free license to (a) internally install, use and

+display the NVIDIA GAMEWORKS SDK, solely for purposes of developing

+NVIDIA GameWorks asset content for NVIDIA GameWorks Applications; (b)

+internally use, copy, modify and compile the Sample  Code  to  design, 

+develop  and  test  NVIDIA GameWorks  assets;  and  (c)  reproduce  and 

+distribute  the Redistributable Code only in object code form and only

+as fully integrated into NVIDIA GameWorks Applications, in each case

+solely for your commercial and non-commercial purposes provided that

+your NVIDIA GameWorks Applications run solely on Windows PCs .  

+

+In addition, you may not and shall not permit others to:

+

+I.    modify, reproduce, de-compile, reverse engineer or translate the

+NVIDIA GameWorks SDK; or

+II.    distribute or transfer the NVIDIA GameWorks SDK other than as

+part of the NVIDIA GameWorks Application.

+

+Except  as  expressly  granted  herein,  no  other  license  under  any 

+patent,  copyright,  trade  secret, trademark or other intellectual

+property right is granted to or conferred upon you by this Agreement.

+All other rights are expressly reserved by NVIDIA and its licensors.

+

+3. Redistribution; NVIDIA GameWorks Applications.  Any redistribution of

+the NVIDIA GameWorks SDK (in accordance with Section 2 above) or

+portions  thereof must  be subject to  an end user  license  agreement 

+including language that

+

+a)   prohibits the end user from modifying, reproducing, de-compiling,

+reverse engineering or translating the NVIDIA GameWorks SDK;

+b)   prohibits the end user from distributing or transferring the NVIDIA

+GameWorks SDK other than as part of the NVIDIA GameWorks Application;

+c)   disclaims any and all warranties on behalf of NVIDIA and its

+affiliated companies and licensors;

+d)   disclaims, to the maximum extent permitted by law, NVIDIA’s, its

+affiliated companies and its licensors' liability for all damages,

+direct or indirect, incidental or consequential, that may arise from any

+use of the NVIDIA GameWorks SDK and/or NVIDIA GameWorks Application;

+e)   requires the end user to agree not to export the NVIDIA GameWorks

+SDK and/or NVIDIA GameWorks Application, directly or indirectly, in

+violation of any U.S. laws; and

+

+You are required to notify NVIDIA prior to use of the NVIDIA GameWorks

+SDK in the development of any commercial Application.  Please send

+notification by email to: [email protected] and provide the

+following information in the email:

+

+  * Company Name

+  * Publisher  and Developer Name

+  * Game Title or Application Name

+  * Platforms (i.e. PC, Xbox, PlayStation)

+  * Scheduled Ship Date

+  * WebLink to product/video

+

+Any Application integrating the NVIDIA GameWorks SDK is subject to a

+license to NVIDIA for use and public display of such Application for

+advertising and marketing purposes.

+

+Failure to notify NVIDIA pursuant to this Section AND FAILURE to provide

+attribution pursuant to section 6 shall be considered a material breach

+of this agreement.

+ 

+4. Ownership, Protections.  The NVIDIA GameWorks SDK is owned by NVIDIA

+and NVIDIA licensors, and is protected by United States copyright laws,

+international treaty provisions, and other applicable laws. With regard

+to any copies made, you agree to reproduce any copyright notices and

+other proprietary legends  included on  the original.    NVIDIA

+copyright  notice(s) may  appear in any of several forms, including

+machine-readable form, and you agree to reproduce such notice in each

+form in which it appears.  Title and copyrights to the NVIDIA GameWorks

+SDK and any copies made by you remain with NVIDIA and its licensors. 

+You acknowledge that the NVIDIA GameWorks SDK contain valuable

+proprietary information and trade secrets and that unauthorized or

+improper use of the NVIDIA GameWorks SDK will result in irreparable harm

+to NVIDIA and its licensors for which monetary damages would be

+inadequate and for which NVIDIA and its licensors will be entitled to

+immediate injunctive relief.  Subject to the rights of NVIDIA and its

+licensors in the NVIDIA GameWorks SDK and the Sample Code, you own your

+modifications to the Sample Code.

+

+5. Restrictions.  You will not, and will not permit others to: (a)

+modify, translate, decompile, bootleg, reverse engineer, disassemble, or

+extract the inner workings of any portion of the NVIDIA GameWorks SDK

+except the Sample Code, (b) copy the look-and-feel or functionality of

+any portion of the NVIDIA GameWorks SDK except the Sample Code; (c)

+remove any proprietary notices, marks, labels, or logos from the NVIDIA

+GameWorks SDK or any portion thereof; (d) rent, transfer or use as a

+service bureau all or some of the NVIDIA GameWorks SDK without NVIDIA’s

+prior written consent, except in the form of Applications and subject to

+the requirements of this Agreement; (e) utilize any computer software or

+hardware which is designed to defeat any copy protection device, should

+the NVIDIA GameWorks SDK be equipped with such a protection device; or

+(f) use the NVIDIA Licensed Software in any manner that would cause the

+NVIDIA Licensed Software to become subject to an Open Source License. 

+"Open Source License" includes, without limitation, a software license

+that requires as a condition of use, modification, and/or distribution

+of such software that the NVIDIA Licensed Software be (i) disclosed or

+distributed in source code form; (ii) be licensed for the purpose of

+making derivative works; or (iii) be redistributable at no charge. 

+Unauthorized copying of the NVIDIA GameWorks SDK, or failure to comply

+with any of the provisions of this Agreement, will result in automatic

+termination of this license.

+

+6. Attribution Requirements and Trademark License.  You must provide

+attribution to NVIDIA.

+

+A.   You will include a reference to the NVIDIA GameWorks and NVIDIA in

+any press releases for such Game/Application that relate to NVIDIA, or

+in-game NVIDIA GameWorks technology, and will identify NVIDIA as the

+provider of "NVIDIA GameWorks" (or such other term or phrase as

+indicated by NVIDIA from time to time).

+

+B.   For Games, Demos, and Videos that incorporate the NVIDIA GameWorks

+SDK or portions thereof, the NVIDIA GameWorks logos must appear:

+

+a. on the back cover of the instruction manual or similar placement in

+an electronic file for the purpose of

+acknowledgement/copyright/trademark notice;

+b. on external packaging;

+c.    during opening marquee or credits with inclusion of “NVIDIA”;

+d. must appear on title marketing feature list   with a specific

+call-out of NVIDIA GameWorks Technology

+e. on the credit screen; and

+f.    in  the  “About”  or  “Info”  box  menu  items  (or  equivalent) 

+of  all  Games  or Applications using any portion of the NVIDIA

+GameWorks SDK.

+

+C.   Provide a quote citing yourthe Licensee’s integration of the NVIDIA

+GameWorks SDK into the Game or Application for NVIDIA’s use in press

+materials and website.

+

+D.   Refer to NVIDIA GameWorks in all press coverage referring to the

+use NVIDIA GameWorks technology in the development of any Game or

+Application.

+

+E. Identification by NVIDIA.  Subject to the terms and conditions of

+this Agreement, you agree that NVIDIA may identify you, on NVIDIA's

+website, printed collateral, trade-show displays and other retail

+packaging materials, as a company that produces products and/or services

+which incorporate the NVIDIA Gameworks SDK. To the extent that you

+provide NVIDIA with input or usage requests with regard to the use of

+your logo or materials, NVIDIA will use commercially reasonable efforts

+to comply with such requests.  For the avoidance of doubt, NVIDIA’s

+rights pursuant to this Section 6(E) shall survive any cancellation or

+termination of the Agreement with respect to existing products and/or

+services which incorporate the NVIDIA GameWorks SDK.

+

+F.     Game/Demo-related Marketing Material. You permit NVIDIA to create

+and display self-promotional demo materials and use screenshot materials

+that capture game assets from real-time game play, captured video clips

+and images from the Game, after release of the Game to the public, and

+you may also provide NVIDIA with screenshots / imagery and video footage

+of the Game/Demo representative of your use of the NVIDIA Gameworks SDK

+in the Game (collectively, “Assets”). You hereby grant to NVIDIA the

+right to distribute, sub-license, and use the Assets in order to promote

+and market the NVIDIA GameWorks SDK. To the extent that Company provides

+NVIDIA with input or usage requests with regard to the use of your logo

+or materials, NVIDIA will use commercially reasonable efforts to comply

+with such requests.  For the avoidance of doubt, NVIDIA’s rights

+pursuant to this Section 6(F) shall survive any cancellation or

+termination of the Agreement with respect to Applications which

+incorporate the NVIDIA GameWorks SDK.

+

+Failure to provide attribution pursuant to this Section shall be

+considered a material breach of this agreement.

+

+Except as expressly set forth in this Section 6, or in a separate

+written agreement with NVIDIA, you may not use NVIDIA's trademarks,

+whether registered or unregistered, in connection with the Application

+in any manner or imply that NVIDIA endorses or otherwise approves of the

+Application or that you and NVIDIA are in any way affiliated.  Your use

+of the NVIDIA name under this Agreement does not create any right, title

+or interest in the NVIDIA name or any NVIDIA trademarks and all goodwill

+arising from your use inure solely to the benefit of NVIDIA.

+

+7. DISCLAIMER.   THE NVIDIA GAMEWORKS SDK IS PROVIDED “AS IS” AND NVIDIA

+AND ITS LICENSORS MAKE, AND YOU RECEIVE, NO OTHER WARRANTIES OF ANY

+KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH

+YOU. NVIDIA SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING THE

+IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR

+A PARTICULAR PURPOSE.  NVIDIA DOES NOT WARRANT THAT THE OPERATION OF THE

+SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE

+SOFTWARE WILL BE CORRECTED.  NVIDIA MAKES NO WARRANTY WITH RESPECT TO

+THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE SOFTWARE AND

+DOCUMENTATION.  Some jurisdictions do not allow the exclusion of implied

+warranties, so the above exclusion may not apply to you.

+

+

+8. Confidential Information.  All technical and business information

+disclosed by NVIDIA to you under this Agreement, including but not

+limited to source code, documentation, technical assistance and any

+confidential information pertaining to NVIDIA’s business or products,

+are to be considered “NVIDIA Confidential Information.” You will not

+disclose any portion of NVIDIA Confidential Information to any third

+party and will protect all NVIDIA Confidential Information with the same

+degree of care as you use to protect your own information of a

+confidential or proprietary nature, but always with at least a

+reasonable degree of care.  This obligation of confidentiality will

+survive termination and/or expiration of this Agreement for any reason.

+ 

+9. LIMITATION OF LIABILITY.  THE TOTAL LIABILITY OF NVIDIA AND ITS

+LICENSORS UNDER THIS AGREEMENT FOR DAMAGES WILL NOT EXCEED $100 IN THE

+AGGREGATE.  IN NO EVENT WILL NVIDIA OR ITS LICENSORS BE LIABLE IN ANY

+WAY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES

+OF ANY NATURE, INCLUDING WITHOUT LIMITATION, LOST BUSINESS PROFITS, OR

+LIABILITY OR INJURY TO THIRD PERSONS, WHETHER FORESEEABLE OR NOT,

+REGARDLESS OF WHETHER NVIDIA OR ITS LICENSORS HAVE BEEN ADVISED OF THE

+POSSIBILITY OF SUCH DAMAGES.   Some jurisdictions do not permit

+limitations of liability for incidental or consequential damages, so the

+above exclusions may not apply to you.

+

+

+10. Term of License; Termination.  Your right to use the NVIDIA

+GameWorks SDK will begin when you click the “ACCEPT” button, which

+constitutes acceptance of the terms and conditions herein.  The license

+is effective until otherwise terminated.  You may terminate it at any

+time by destroying the NVIDIA GameWorks SDK and all portions thereof,

+together with all copies in any form.  If you fail to comply with any

+material term or condition of this Agreement and do not cure the

+noncompliance within 30 days of receipt of written notice of

+noncompliance from NVIDIA, NVIDIA may terminate your rights to conduct

+any further development under Sections 2(a) and (b) of this Agreement

+("Partial Termination").   Upon Partial Termination, you will certify to

+NVIDIA in writing that the original and all stand-alone copies, in whole

+or in part, of the NVIDIA GameWorks SDK have been destroyed. Upon

+Partial Termination, you may continue to distribute any Application that

+has been commercially released prior to such termination subject to

+prospective compliance with this Agreement.  Upon any other termination,

+you will certify to NVIDIA in writing that the original and all copies,

+in whole or in part, of the NVIDIA GameWorks SDK have been destroyed,

+including those portions contained within any unshipped Applications.

+

+11. Governing Law. This Agreement will be governed by the laws of the

+United States of America to the extent that they apply and otherwise by

+the laws of the State of Delaware notwithstanding the application of any

+conflicts of law rules. Exclusive venue over all disputes arising under

+or relating to this Agreement shall be in the federal or state courts of

+Santa Clara County, California.  .

+

+12. Export.  You agree and certify that no portion of the NVIDIA

+GameWorks SDK nor any other technical data received from NVIDIA will be

+exported outside the United States except as authorized and as permitted

+by the laws and regulations of the United States. If you have rightfully

+obtained the NVIDIA GameWorks SDK outside of the United States, you

+agree that you will not re-export any portion of the NVIDIA GameWorks

+SDK nor any other technical data received from NVIDIA, except as

+permitted by the laws and regulations of the United States and the laws

+and regulations of the jurisdiction in which you obtained the NVIDIA

+GameWorks SDK.

+ 

+13. Assignment.  You may not sublicense, assign or transfer this

+Agreement or the NVIDIA GameWorks SDK except as expressly provided in

+this Agreement.  Any attempt to otherwise sublicense, assign or transfer

+any of the rights, duties or obligations hereunder is null and void.

+

+14. Survival.  The parties agree that where the context of any provision

+indicates an intent that it will survive the term of this Agreement,

+then it will survive.  All terms of this Agreement survive Partial

+Termination except Sections 2(a) and (b).

+

+15. Entire Agreement.  This Agreement contains the parties’ entire

+agreement regarding your use

+of the NVIDIA GameWorks SDK and may be amended only in writing signed by

+both parties. Copyright © 2014 NVIDIA Corporation. All rights reserved.

+

+US AND INTERNATIONAL PATENTS PENDING.