User's Manual

TEGRA DEVELOPMENT SYSTEM END USER LICENSE AGREEMENT 15
subject such intellectual property rights to an open source license or scheme in which there is or
could be interpreted to be a requirement that as a condition of use, modification and/or distribution,
the Adobe 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.
8. Effect of Termination. Upon termination, the rights granted hereunder shall cease and all
materials furnished to Licensee by NVIDIA hereunder relating to the Adobe Software shall be
returned to it promptly, together with any copies thereof.
9. Disclaimer. NVIDIA PROVIDES THE ADOBE SOFTWARE “AS IS” AND WITHOUT ANY
WARRANTIES. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE ADOBE
SOFTWARE IS ASSUMED BY LICENSEE. NVIDIA DISCLAIMS ALL WARRANTIES, EXPRESS,
IMPLIED OR STATUTORY, WITH REGARD TO THE ADOBE SOFTWARE OR ANY OTHER INFORMATION
PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD
PARTY RIGHTS.
10. Limitation on Liability. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, NEITHER
NVIDIA NOR ADOBE SHALL BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY SPECIAL,
INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATED TO THIS
AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF PROFITS,
DATA, BUSINESS, OR GOODWILL, HOWEVER CAUSED AND ON WHATEVER THEORY, WHETHER
BASED ON BREACH OF CONTRACT OR WARRANTY, TORT (INCLUDING NEGLIGENCE), THE FAILURE
OR ASSERTED FAILURE OF NVIDIA TO PERFORM ITS OBLIGATIONS HEREUNDER, OR OTHERWISE,
AND WHETHER OR NOT NVIDIA HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH
DAMAGES. NVIDIA’s aggregate liability to Licensee or any third party arising out of or in connection
with this Adobe License or any collateral agreement, whether in contract, tort (including negligence),
or otherwise, shall be limited to fifty dollars (US$50).
11. Relief. As the unauthorized distribution of the Adobe Software may diminish the value to NVIDIA
or Adobe of the proprietary interests that are the subject of this Adobe License, if Licensee breaches
any of its obligations under this Adobe License, NVIDIA or Adobe shall be entitled to seek equitable
relief to protect its interests therein, including but not limited to injunctive relief, as well as money
damages.
12. Export Restrictions. The parties acknowledge that the Adobe Software is subject to U.S. export
control laws and regulations. The parties agree to comply with all applicable international and
national laws that apply to the Adobe Software, including the U.S. Export Administration Regulations
and the United States Department of Commerce, as well as end-user, end-use and destination
restrictions issued by U.S. and other governments.
13. Evaluation Feedback.
13.1 Feedback by Licensee. You must provide to NVIDIA any suggestions, comments and feedback
regarding the Adobe Software (“Licensee Feedback”). NVIDIA and Adobe may use and include
any Licensee Feedback that you provide to improve the Software or other technologies and /
or products. Accordingly, you grant to NVIDIA, its subsidiaries, its affiliates and its licensees a
perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to freely use, have used, sell,
modify, reproduce, transmit, license, sublicense (through multiple tiers of sublicensees, including to
Adobe), distribute (through multiple tiers of distributors), and otherwise commercialize the Licensee
Feedback in the Adobe Software or other NVIDIA or Adobe technologies and/or products.
13.2 Confidential Information. Licensee Feedback is considered Adobe’s confidential information
(“Adobe Confidential Information”). You shall not use or disclose any Adobe Confidential Information
except as expressly authorized herein, and you shall protect all such Adobe Confidential Information
using the same degree of care you use with respect to your own proprietary information, but in
no event with safeguards less than a reasonably prudent business would exercise under similar
circumstances. You agree to take prompt and appropriate action to prevent unauthorized use or
disclosure of any Adobe Confidential Information.