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NGC-DL-CONTAINER-LICENSE

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+NVIDIA DEEP LEARNING CONTAINER LICENSE
+
+This license is a legal agreement between you and NVIDIA Corporation ("NVIDIA")
+and governs the use of the NVIDIA container and all its contents (“CONTAINER”).
+
+This license can be accepted only by an adult of legal age of majority in the
+country in which the CONTAINER is used. If you are under the legal age of
+majority, you must ask your parent or legal guardian to consent to this license.
+If you are entering this license on behalf of a company or other legal entity,
+you represent that you have legal authority and “you” will mean the entity you
+represent.
+
+By using the CONTAINER, you affirm that you have reached the legal age of
+majority, you accept the terms of this license, and you take legal and financial
+responsibility for the actions of your permitted users.
+
+You agree to use the CONTAINER only for purposes that are permitted by (a) this
+license, and (b) any applicable law, regulation or generally accepted practices
+or guidelines in the relevant jurisdictions.
+
+1. LICENSE. Subject to the terms of this license, NVIDIA hereby grants you a
+non-exclusive, non-transferable license, without the right to sublicense (except
+as expressly provided in this license) to:
+
+a. Install and use copies of the CONTAINER, and modify and create derivative
+works of samples or example source code delivered in the CONTAINER (if
+applicable), to develop and test services and applications,
+
+b. Deploy the CONTAINER on infrastructure you own or lease to offer a service to
+third parties, without distributing the CONTAINER or exposing the NVIDIA APIs in
+the CONTAINER directly to such service users, and
+
+c. Develop and extend the CONTAINER to create a Compatible (as defined below)
+derived CONTAINER that includes the entire CONTAINER plus other software with
+primary functionality, to develop and compile applications, and distribute such
+derived CONTAINER to run applications, subject to the distribution requirements
+indicated in this license. As used in this section, “Compatible” means that
+extensions to the CONTAINER must not adversely affect the functionality of the
+other components in the CONTAINER.
+
+2. DISTRIBUTION REQUIREMENTS. For purposes of this Section 2, the term
+“distribution” also means the deployment of CONTAINERS in a service or an
+application for third parties to access over the internet. These are the
+distribution requirements for you to exercise the grants above:
+
+a. A service or an application must have material additional functionality,
+beyond the included portions of the CONTAINER.
+
+b. The following notice shall be included in modifications and derivative works
+of source code distributed: “This software contains source code provided by
+NVIDIA Corporation.”
+
+c. You agree to distribute the CONTAINER subject to the terms at least as
+protective as the terms of this license, including (without limitation) terms
+relating to the license grant, 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.
+
+d. You agree to notify NVIDIA in writing of any known or suspected distribution
+or use of the CONTAINER not in compliance with the requirements of this license,
+and to enforce the terms of your agreements with respect to the distributed
+CONTAINER.
+
+3. AUTHORIZED USERS. You may allow employees and contractors of your entity or
+of your subsidiary(ies) to access and use the CONTAINER 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
+CONTAINER from your secure network. You are responsible for the compliance with
+the terms of this license by your authorized users.
+
+4. LIMITATIONS. Your license to use the CONTAINER is restricted as follows:
+
+a. The CONTAINER may run on any computing system with or without NVIDIA GPUs,
+except for the NVIDIA proprietary software (such as CUDA and TensorRT software)
+in the CONTAINER which is licensed only to run on systems with NVIDIA GPUs. The
+NVIDIA proprietary software in the CONTAINER may be present on systems without
+NVIDIA GPUs, as long as it is not running on such systems. For components
+governed by open source software licenses, see the information in the
+“Components Under Other Licenses” section below.
+
+b. You may not reverse engineer, decompile or disassemble, or remove copyright
+or other proprietary notices from any portion of the CONTAINER or copies of the
+CONTAINER.
+
+c. Except as expressly provided in this license, you may not copy, sell, rent,
+sublicense, transfer, distribute, modify, or create derivative works of any
+portion of the CONTAINER. For clarity, you may not distribute or sublicense the
+CONTAINER as a stand-alone product.
+
+d. Unless you have an agreement with NVIDIA for this purpose, you may not
+indicate that a service or an application created with the CONTAINER is
+sponsored or endorsed by NVIDIA.
+
+e. You may not bypass, disable, or circumvent any technical limitation,
+encryption, security, digital rights management or authentication mechanism in
+the CONTAINER.
+
+f. You may not replace any NVIDIA software components in the CONTAINER that are
+governed by this license with other software that implements NVIDIA APIs.
+
+g. You may not use the CONTAINER 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 CONTAINER be:
+(i) disclosed or distributed in source code form; (ii) licensed for the purpose
+of making derivative works; or (iii) redistributable at no charge.
+
+h. You acknowledge that the CONTAINER 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
+include use in 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
+CONTAINER as a whole includes sufficient features to comply with all applicable
+legal and regulatory standards and requirements.
+
+i. 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 CONTAINER in or
+for Critical Applications, and for use of the CONTAINER outside of the scope of
+this license or not in compliance with its terms.
+
+j. You may not reverse engineer, decompile or disassemble any portion of the
+output generated using the NVIDIA proprietary software (such as CUDA and
+TensorRT software) in the CONTAINER for the purpose of translating such output
+artifacts to target a non-NVIDIA platform.
+
+5. UPDATES. NVIDIA may, at its option, make available patches, workarounds or
+other updates to this CONTAINER. Unless the updates are provided with their
+separate governing terms, they are deemed part of the CONTAINER licensed to you
+as provided in this license. You agree that the form and content of the
+CONTAINER 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
+CONTAINER.
+
+6. PRE-RELEASE VERSIONS. CONTAINER versions identified as alpha, beta, preview,
+early access or otherwise as pre-release may not be fully functional, may
+contain errors or design flaws, and may have reduced or different security,
+privacy, availability, and reliability standards relative to commercial versions
+of NVIDIA software and materials. You may use a pre- release CONTAINER version
+at your own risk, understanding that these versions 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 CONTAINER. NVIDIA may also choose to
+abandon development and terminate the availability of a pre-release CONTAINER at
+any time without liability.
+
+7. COMPONENTS UNDER OTHER LICENSES. The CONTAINER may include NVIDIA or
+third-party components with separate legal notices or terms as may be described
+in proprietary notices accompanying the CONTAINER. If and to the extent there is
+a conflict between the terms in this license and the license terms associated
+with the component, the license terms associated with the components control
+only to the extent necessary to resolve the conflict. For example, some Triton
+components (such as the Triton Inference Server) are governed by open source
+software licenses.
+
+You acknowledge and agree that it is your sole responsibility to obtain any
+additional third-party licenses required to make, have made, use, have used,
+sell, import, and offer for sale your products or services that include or
+incorporate any third- party software and content relating to audio and/or video
+encoders and decoders from, including but not limited to, Microsoft, Thomson,
+Fraunhofer IIS, Sisvel S.p.A., MPEG-LA, and Coding Technologies. NVIDIA does not
+grant to you under this license any necessary patent or other rights with
+respect to any audio and/or video encoders and decoders. Subject to the other
+terms of this license, you may use the CONTAINER to develop and test
+applications released under Open Source Initiative (OSI) approved open source
+software licenses.
+
+8. OWNERSHIP.
+
+8.1 NVIDIA reserves all rights, title and interest in and to the CONTAINER not
+expressly granted to you under this license. NVIDIA and its suppliers hold all
+rights, title and interest in and to the CONTAINER, including their respective
+intellectual property rights. The CONTAINER is copyrighted and protected by the
+laws of the United States and other countries, and international treaty
+provisions.
+
+8.2 Subject to the rights of NVIDIA and its suppliers in the CONTAINER, you hold
+all rights, title and interest in and to your services, applications and your
+derivative works of the sample source code delivered in the CONTAINER including
+their respective intellectual property rights.
+
+9. FEEDBACK. You may, but are not obligated to, provide to NVIDIA suggestions,
+fixes, modifications, feature requests or other feedback regarding the CONTAINER
+(“Feedback”). Feedback, even if designated as confidential by you, shall not
+create any confidentiality obligation for NVIDIA. NVIDIA and its designees have
+a perpetual, non-exclusive, worldwide, irrevocable license to use, reproduce,
+publicly display, modify, create derivative works of, license, sublicense, and
+otherwise distribute and exploit Feedback as NVIDIA sees fit without payment and
+without obligation or restriction of any kind on account of intellectual
+property rights or otherwise.
+
+10. NO WARRANTIES. THE CONTAINER IS PROVIDED AS-IS. TO THE MAXIMUM EXTENT
+PERMITTED BY APPLICABLE LAW NVIDIA AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL
+WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY,
+INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT,
+OR FITNESS FOR A PARTICULAR PURPOSE. NVIDIA DOES NOT WARRANT THAT THE CONTAINER
+WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED
+OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED.
+
+11. LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
+NVIDIA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
+PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS, PROJECT DELAYS, 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 LICENSE OR THE USE OR
+PERFORMANCE OF THE CONTAINER, 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, EVEN IF
+NVIDIA HAS PREVIOUSLY BEEN ADVISED OF, OR COULD REASONABLY HAVE FORESEEN, THE
+POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NVIDIA’S AND ITS AFFILIATES TOTAL
+CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THIS LICENSE EXCEED US$10.00. THE
+NATURE OF THE LIABILITY OR THE NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR
+EXTEND THIS LIMIT.
+
+12. TERMINATION. Your rights under this license will terminate automatically
+without notice from NVIDIA if you fail to comply with any term and condition of
+this license or if you commence or participate in any legal proceeding against
+NVIDIA with respect to the CONTAINER. NVIDIA may terminate this license with
+advance written notice to you, if NVIDIA decides to no longer provide the
+CONTAINER in a country or, in NVIDIA’s sole discretion, the continued use of it
+is no longer commercially viable. Upon any termination of this license, you
+agree to promptly discontinue use of the CONTAINER and destroy all copies in
+your possession or control. Your prior distributions in accordance with this
+license are not affected by the termination of this license. All provisions of
+this license will survive termination, except for the license granted to you.
+
+13. APPLICABLE LAW. This license will be governed in all respects by the laws of
+the United States and of the State of Delaware, 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 license 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 license. Notwithstanding this, you agree
+that NVIDIA shall still be allowed to apply for injunctive remedies or urgent
+legal relief in any jurisdiction.
+
+14. NO ASSIGNMENT. This license and your rights and obligations thereunder may
+not be assigned by you by any means or operation of law without NVIDIA’s
+permission. Any attempted assignment not approved by NVIDIA in writing shall be
+void and of no effect. NVIDIA may assign, delegate or transfer this license and
+its rights and obligations, and if to a non-affiliate you will be notified.
+
+15. EXPORT. The CONTAINER is subject to United States export laws and
+regulations. You agree to comply with all applicable U.S. and international
+export laws, including the Export Administration Regulations (EAR) administered
+by the U.S. Department of Commerce and economic sanctions administered by the
+U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC). These
+laws include restrictions on destinations, end-users and end-use. By accepting
+this license, you confirm that you are not currently residing in a country or
+region currently embargoed by the U.S. and that you are not otherwise prohibited
+from receiving the CONTAINER.
+
+16. GOVERNMENT USE. The CONTAINER is, and shall be treated as being, “Commercial
+Items” as that term is defined at 48 CFR § 2.101, consisting of “commercial
+computer software” and “commercial computer software documentation”,
+respectively, as such terms are used in, respectively, 48 CFR § 12.212 and 48
+CFR §§ 227.7202 & 252.227-7014(a)(1). Use, duplication or disclosure by the U.S.
+Government or a U.S. Government subcontractor is subject to the restrictions in
+this license pursuant to 48 CFR § 12.212 or 48 CFR § 227.7202. In no event shall
+the US Government user acquire rights in the CONTAINER beyond those specified in
+48 C.F.R. 52.227-19(b)(1)-(2).
+
+17. NOTICES. 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. 18. ENTIRE AGREEMENT. This
+license is the final, complete and exclusive agreement between the parties
+relating to the subject matter of this license and supersedes all prior or
+contemporaneous understandings and agreements relating to this subject matter,
+whether oral or written. If any court of competent jurisdiction determines that
+any provision of this license is illegal, invalid or unenforceable, the
+remaining provisions will remain in full force and effect. Any amendment or
+waiver under this license shall be in writing and signed by representatives of
+both parties.
+
+19. LICENSING. If the distribution terms in this license are not suitable for
+your organization, or for any questions regarding this license, please contact
+NVIDIA at [email protected].
+
+(v. September 14, 2021)