Common use of Distribution Requirements Clause in Contracts

Distribution Requirements. For SOFTWARE versions that are not "Pre-Release" versions as defined in Section 2C below, You may exercise the distribution license grant above subject to all of the following: (i) The terms under which you distribute Your End-User Application must be consistent with the terms of this SLA, including (without limitation) terms relating to the license grant and license restrictions and protection of NVIDIA's intellectual property rights, (ii) You may identify NVIDIA as the SOFTWARE licensor or as having NVIDIA Target System compatibility, where appropriate, provided that You shall not otherwise use NVIDIA's name or trademarks to market, endorse, or promote any End-User Application without prior written permission from NVIDIA, (iii) The distributable portions of the SOFTWARE shall only be accessed by Your End-User Application, (iv) You will not allow Sublicensees to remove any copyright or other proprietary notice from the SOFTWARE, (v) You will not allow Sublicensees to modify, create derivative works reverse engineer, disassemble or attempt in any manner to obtain the source code of the SOFTWARE, (vi) You shall disclaim any and all warranties on behalf of Licensors, (vii) You shall disclaim, to the maximum extent permitted by law, Licensors' and their respective affiliates' liability for all damages, direct or indirect, incidental or consequential, that may arise from any use of the SOFTWARE, (viii) You shall not export the SOFTWARE, directly or indirectly, in violation of U.S. export control laws or any export or import regulations in other countries, (ix) You shall strictly prohibit the further distribution of the Run-Time Files by users of an End-User Application, and (x) You shall include the following notice in Your modifications and derivative works of sample source code that are distributed: "This software contains source code provided by NVIDIA Corporation." (xi) You agree to notify NVIDIA in writing of any known or suspected distribution or use of the SOFTWARE not in compliance with the requirements of this SLA, and to enforce the terms of your agreements with respect to distributed SOFTWARE.

Distribution Requirements. For You have a royalty-free right to distribute and use the SOFTWARE versions that are not "Pre-Release" versions as defined in Section 2C below, You may exercise the distribution license grant above subject to all of the followingonly if: (i) The terms under which you distribute Your End-User Application must be consistent with the terms of this SLA, including (without limitation) terms relating to the license grant and license restrictions and protection of NVIDIA's intellectual property rights, (iia) You may identify NVIDIA as distribute only the SOFTWARE licensor or as having NVIDIA Target System compatibility, where appropriate, provided that You shall not otherwise use NVIDIA's name or trademarks to market, endorse, or promote any End-User Application without prior written permission from NVIDIA, (iii) The distributable portions of the SOFTWARE shall designated as "Redistributable Code" and/or "Client components" (b) You use and distribute the "Redistributable Code " only be accessed by Your End-User Application,in conjunction with the binary files that make use of them as a part of your software product. (ivc) You will not allow Sublicensees use and distribute the Client components only when used in connection with properly licensed "Production Server" or "Test/Development Server" components. (d) Your product(s) and application(s) must add significant and primary functionality to remove any copyright or other proprietary notice from the SOFTWARE,; (e) You do not expose, document or make public the SOFTWARE API (Application Programming Interface); (f) Your end users are not allowed to use the SOFTWARE for development purposes or further redistribution and deployment. (vg) You will do not allow Sublicensees to modifywrap or distribute the SOFTWARE in a component that can be used for development purposes on any application, create derivative works reverse engineertool, disassemble environment or attempt in any manner to obtain the source code of the SOFTWARE,container. (vih) Your software product main and primary functionality must not be creating and/or displaying charts; (i) You shall disclaim do not reverse engineer copy, duplicate or distribute the license schema that is needed to use the SOFTWARE in a design, development or runtime environment. (j) You do not disassemble, decompile or reverse engineer the SOFTWARE or any portions of it; (k) Your software product may not, in the reasonable opinion of Software FX, compete with a Software FX, Inc. product. (l) You do not use the Software FX, Inc. or Chart FX name, logo or trademark to market your software product; (m) You agree to indemnify, hold harmless, and defend Software FX, Inc. and its suppliers from and against any and all warranties on behalf claims or lawsuits including attorney's fees that arise or result from the use or distribution of Licensors, (vii) You your software product. If any of the conditions set forth in paragraphs above are breached, such breach shall disclaim, to the maximum extent permitted by law, Licensors' and their respective affiliates' liability for all damages, direct or indirect, incidental or consequential, that may arise from any constitute an unlawful use of the SOFTWARE, (viii) You , and you shall not export be prosecuted to the SOFTWARE, directly or indirectly, in violation of U.S. export control laws or any export or import regulations in other countries, (ix) You shall strictly prohibit the further distribution full extent of the Run-Time Files law. Furthermore, you shall be liable to Software FX, Inc. for all damages caused by users of an End-User Application, and (x) You shall include the following notice in Your modifications such breach and derivative works of sample source code that are distributed: "This software contains source code provided by NVIDIA Corporation." (xi) You agree to notify NVIDIA in writing of any known or suspected distribution or unlawful use of the SOFTWARE not software, including attorney's fees and costs incurred in compliance with any action, lawsuit or claim brought or filed to redress the requirements breach of this SLA, and to enforce the terms of your agreements with respect to distributed SOFTWAREagreement.

Distribution Requirements. For You have a royalty-free right to distribute and use the SOFTWARE versions only if: (a) You distribute only the portions of the SOFTWARE designated as “Redistributable Code”. (b) You use and distribute the “Redistributable Code “ only in conjunction with the binary files that make use of them as a part of your software product. (c) Your product(s) and application(s) must add significant and primary functionality to the SOFTWARE; (d) You do not expose, document or make public the SOFTWARE API (Application Programming Interface); (e) Your end users are not "Pre-Release" versions as defined allowed to use the SOFTWARE for development purposes or further redistribution and deployment. (f) You do not wrap or distribute the SOFTWARE in Section 2C belowa component that can be used for development purposes on any application, tool, environment or container. (g) your software product main and primary functionality must not be creating and/or displaying charts; (h) You may exercise do not reverse engineer copy, duplicate or distribute the distribution license grant above subject schema that is needed to all of use the following:SOFTWARE in a design, development or runtime environment. (i) The terms under which you distribute Your End-User Application must be consistent with You do not disassemble, decompile or reverse engineer the terms SOFTWARE or any portions of this SLA, including (without limitation) terms relating to the license grant and license restrictions and protection of NVIDIA's intellectual property rights,it; (iij) Your software product may not, in the reasonable opinion of Software FX, compete with a Software FX, Inc. product. (k) You may identify NVIDIA as do not use the SOFTWARE licensor Software FX, Inc. or as having NVIDIA Target System compatibilityChart FX name, where appropriate, provided that You shall not otherwise use NVIDIA's name logo or trademarks trademark to market, endorse, or promote any End-User Application without prior written permission from NVIDIA,market your software product; (iii) The distributable portions of the SOFTWARE shall only be accessed by Your End-User Application, (ivl) You will not allow Sublicensees agree to remove any copyright or other proprietary notice indemnify, hold harmless, and defend Software FX, Inc. and its suppliers from the SOFTWARE, (v) You will not allow Sublicensees to modify, create derivative works reverse engineer, disassemble or attempt in any manner to obtain the source code of the SOFTWARE, (vi) You shall disclaim and against any and all warranties on behalf claims or lawsuits including attorney’s fees that arise or result from the use or distribution of Licensors, (vii) You your software product. If any of the conditions set forth in paragraphs above are breached, such breach shall disclaim, to the maximum extent permitted by law, Licensors' and their respective affiliates' liability for all damages, direct or indirect, incidental or consequential, that may arise from any constitute an unlawful use of the SOFTWARE, (viii) You , and you shall not export be prosecuted to the SOFTWARE, directly or indirectly, in violation of U.S. export control laws or any export or import regulations in other countries, (ix) You shall strictly prohibit the further distribution full extent of the Run-Time Files law. Furthermore, you shall be liable to Software FX, Inc. for all damages caused by users of an End-User Application, and (x) You shall include the following notice in Your modifications such breach and derivative works of sample source code that are distributed: "This software contains source code provided by NVIDIA Corporation." (xi) You agree to notify NVIDIA in writing of any known or suspected distribution or unlawful use of the SOFTWARE not software, including attorney’s fees and costs incurred in compliance with any action, lawsuit or claim brought or filed to redress the requirements breach of this SLA, and to enforce the terms of your agreements with respect to distributed SOFTWAREagreement.

Distribution Requirements. For You have a royalty-free right to distribute and use the SOFTWARE versions only if: (a) You distribute only the portions of the SOFTWARE designated as “Redistributable Code” and/ or “Client components” (b) You use and distribute the “Redistributable Code “ only in conjunction with the binary files that make use of them as a part of your software product. (c) You use and distribute the Client components only when used in connection with properly licensed “Production Server” or “Test/Development Server” components. (d) Your product(s) and application(s) must add significant and primary functionality to the SOFTWARE; (e) You do not expose, document or make public the SOFTWARE API (Application Programming Interface); (f) Your end users are not "Pre-Release" versions as defined allowed to use the SOFTWARE for development purposes or further redistribution and deployment. (g) You do not wrap or distribute the SOFTWARE in Section 2C belowa component that can be used for development purposes on any application, You may exercise the distribution license grant above subject to all of the following:tool, environment or container. (h) Your software product main and primary functionality must not be creating and/or displaying charts; (i) The terms under which you You do not reverse engineer copy, duplicate or distribute Your End-User Application must be consistent with the terms of this SLA, including (without limitation) terms relating to the license grant and license restrictions and protection of NVIDIA's intellectual property rights,schema that is needed to use the SOFTWARE in a design, development or runtime environment. (iij) You may identify NVIDIA as do not disassemble, decompile or reverse engineer the SOFTWARE licensor or as having NVIDIA Target System compatibility, where appropriate, provided that You shall not otherwise use NVIDIA's name or trademarks to market, endorse, or promote any End-User Application without prior written permission from NVIDIA,portions of it; (iiik) The distributable portions Your software product may not, in the reasonable opinion of the SOFTWARE shall only be accessed by Your End-User Application,Software FX, compete with a Software FX, Inc. product. (ivl) You will do not allow Sublicensees use the Software FX, Inc. or Chart FX name, logo or trademark to remove any copyright or other proprietary notice from the SOFTWARE,market your software product; (vm) You will not allow Sublicensees agree to modifyindemnify, create derivative works reverse engineerhold harmless, disassemble or attempt in any manner to obtain the source code of the SOFTWARE, (vi) You shall disclaim and defend Software FX, Inc. and its suppliers from and against any and all warranties on behalf claims or lawsuits including attorney’s fees that arise or result from the use or distribution of Licensors, (vii) You your software product. If any of the conditions set forth in paragraphs above are breached, such breach shall disclaim, to the maximum extent permitted by law, Licensors' and their respective affiliates' liability for all damages, direct or indirect, incidental or consequential, that may arise from any constitute an unlawful use of the SOFTWARE, (viii) You , and you shall not export be prosecuted to the SOFTWARE, directly or indirectly, in violation of U.S. export control laws or any export or import regulations in other countries, (ix) You shall strictly prohibit the further distribution full extent of the Run-Time Files law. Furthermore, you shall be liable to Software FX, Inc. for all damages caused by users of an End-User Application, and (x) You shall include the following notice in Your modifications such breach and derivative works of sample source code that are distributed: "This software contains source code provided by NVIDIA Corporation." (xi) You agree to notify NVIDIA in writing of any known or suspected distribution or unlawful use of the SOFTWARE not software, including attorney’s fees and costs incurred in compliance with any action, lawsuit or claim brought or filed to redress the requirements breach of this SLA, and to enforce the terms of your agreements with respect to distributed SOFTWAREagreement.

Distribution Requirements. For You have a royalty-free right to distribute and use the SOFTWARE versions only if: (a) You distribute only the portions of the SOFTWARE designated as “Redistributable Code”. (b) You use and distribute the “Redistributable Code “ only in conjunction with the binary files that make use of them as a part of your software product. (c) Your product(s) and application(s) must add significant and primary functionality to the SOFTWARE; (d) You do not expose, document or make public the SOFTWARE API (Application Programming Interface); (e) Your end users are not "Pre-Release" versions as defined allowed to use the SOFTWARE for development purposes or further redistribution and deployment. (f) You do not wrap or distribute the SOFTWARE in Section 2C belowa component that can be used for development purposes on any application, tool, environment or container. (g) Your software product main and primary functionality must not be creating and/or displaying charts; (h) You may exercise do not reverse engineer copy, duplicate or distribute the distribution license grant above subject schema that is needed to all of use the following:SOFTWARE in a design, development or runtime environment. (i) The terms under which you distribute Your End-User Application must be consistent with You do not disassemble, decompile or reverse engineer the terms SOFTWARE or any portions of this SLA, including (without limitation) terms relating to the license grant and license restrictions and protection of NVIDIA's intellectual property rights,it; (iij) Your software product may not, in the reasonable opinion of Software FX, compete with a Software FX, Inc. product. (k) You may identify NVIDIA as do not use the SOFTWARE licensor Software FX, Inc. or as having NVIDIA Target System compatibilityChart FX name, where appropriate, provided that You shall not otherwise use NVIDIA's name logo or trademarks trademark to market, endorse, or promote any End-User Application without prior written permission from NVIDIA,market your software product; (iii) The distributable portions of the SOFTWARE shall only be accessed by Your End-User Application, (ivl) You will not allow Sublicensees agree to remove any copyright or other proprietary notice indemnify, hold harmless, and defend Software FX, Inc. and its suppliers from the SOFTWARE, (v) You will not allow Sublicensees to modify, create derivative works reverse engineer, disassemble or attempt in any manner to obtain the source code of the SOFTWARE, (vi) You shall disclaim and against any and all warranties on behalf claims or lawsuits including attorney’s fees that arise or result from the use or distribution of Licensors, (vii) You your software product. If any of the conditions set forth in paragraphs above are breached, such breach shall disclaim, to the maximum extent permitted by law, Licensors' and their respective affiliates' liability for all damages, direct or indirect, incidental or consequential, that may arise from any constitute an unlawful use of the SOFTWARE, (viii) You , and you shall not export be prosecuted to the SOFTWARE, directly or indirectly, in violation of U.S. export control laws or any export or import regulations in other countries, (ix) You shall strictly prohibit the further distribution full extent of the Run-Time Files law. Furthermore, you shall be liable to Software FX, Inc. for all damages caused by users of an End-User Application, and (x) You shall include the following notice in Your modifications such breach and derivative works of sample source code that are distributed: "This software contains source code provided by NVIDIA Corporation." (xi) You agree to notify NVIDIA in writing of any known or suspected distribution or unlawful use of the SOFTWARE not software, including attorney’s fees and costs incurred in compliance with any action, lawsuit or claim brought or filed to redress the requirements breach of this SLA, and to enforce the terms of your agreements with respect to distributed SOFTWAREagreement.

Distribution Requirements. For SOFTWARE versions that are not "Pre-Release" versions as defined in Section 2C below, You may exercise copy and redistribute the Sample Code and/or Redistributable Code, (collectively "REDISTRIBUTABLE COMPONENTS") as described above provided that: (a) you distribute the REDISTRIBUTABLE COMPONENTS only in conjunction with and as a part of your Application; (b) your Application adds significant and primary functionality to the REDISTRIBUTABLE COMPONENTS; (c) the REDISTRIBUTABLE COMPONENTS only operate in conjunction with Microsoft Windows or Windows NT; (d) you do not permit further redistribution of the REDISTRIBUTABLE COMPONENTS by your end-user customers; (e) any distribution license grant above subject of the Core Files identified in the \DOC\REDIST\REDIST.TXT is only in conjunction with your Application and includes each and every Core File distributed as a single set; (f) you not use Microsoft’s name, logo, or trademarks to market your Application; (g) you include a valid copyright notice on your Application; and (h) you agree to indemnify, hold harmless, and defend COMPANY and its suppliers from and against any claims or lawsuits, including attorneys fees, that arise or result from the use or distribution of your Application. Contact Microsoft Corporation for the applicable royalties due and other licensing terms for all other uses and/or distribution of the REDISTRIBUTABLE COMPONENTS. You may not distribute a version of your Application that executes any pre-release API without marking your Application “BETA”. In order to determine whether an API is pre-release, you should do at least one of the following: : (ia) The terms under which you distribute Your End-User test your Application must be consistent with using the terms of this SLA, including (without limitation) terms relating to the license grant and license restrictions and protection of NVIDIA's intellectual property rights, (ii) You may identify NVIDIA as porting tool “porttool.exe” included in the SOFTWARE licensor PRODUCT; (b) check the help file “win32sdk.mvb” for a listing of pre-release APIs which are marked as “preliminary-Windows 95” or “preliminary-Windows NT” (as having NVIDIA Target System compatibility, where appropriate, provided that You shall not otherwise use NVIDIA's name applicable); or trademarks to market, endorse, or promote any End-User (c) test your Application without prior written permission from NVIDIA, (iii) The distributable portions of using the Import Checker “impchk.exe” included in the SOFTWARE shall only be accessed by Your End-User Application, (iv) You will PRODUCT. COMPANY and its suppliers reserve all rights not allow Sublicensees expressly granted to remove any copyright or other proprietary notice from the SOFTWARE, (v) You will not allow Sublicensees to modify, create derivative works reverse engineer, disassemble or attempt in any manner to obtain the source code of the SOFTWARE, (vi) You shall disclaim any and all warranties on behalf of Licensors, (vii) You shall disclaim, to the maximum extent permitted by law, Licensors' and their respective affiliates' liability for all damages, direct or indirect, incidental or consequential, that may arise from any use of the SOFTWARE, (viii) You shall not export the SOFTWARE, directly or indirectly, in violation of U.S. export control laws or any export or import regulations in other countries, (ix) You shall strictly prohibit the further distribution of the Run-Time Files by users of an End-User Application, and (x) You shall include the following notice in Your modifications and derivative works of sample source code that are distributed: "This software contains source code provided by NVIDIA Corporationyou." (xi) You agree to notify NVIDIA in writing of any known or suspected distribution or use of the SOFTWARE not in compliance with the requirements of this SLA, and to enforce the terms of your agreements with respect to distributed SOFTWARE.

Distribution Requirements. For You have a royalty-free right to distribute and use the SOFTWARE versions only if: (a) You distribute only the portions of the SOFTWARE designated as "Redistributable Code". (b) You use and distribute the "Redistributable Code " only in conjunction with the binary files that make use of them as a part of your software product. (c) Your product(s) and application(s) must add significant and primary functionality to the SOFTWARE; (d) You do not expose, document or make public the SOFTWARE API (Application Programming Interface); (e) Your end users are not "Pre-Release" versions as defined allowed to use the SOFTWARE for development purposes or further redistribution and deployment. (f) You do not wrap or distribute the SOFTWARE in Section 2C belowa component that can be used for development purposes on any application, tool, environment or container. ■ (g) your software product main and primary functionality must not be creating and/or displaying charts; (h) You may exercise do not reverse engineer copy, duplicate or distribute the distribution license grant above subject schema that is needed to all of use the following:SOFTWARE in a design, development or runtime environment. (i) The terms under which you distribute Your End-User Application must be consistent with You do not disassemble, decompile or reverse engineer the terms SOFTWARE or any portions of this SLA, including (without limitation) terms relating to the license grant and license restrictions and protection of NVIDIA's intellectual property rights,it; (iij) Your software product may not, in the reasonable opinion of Software FX, compete with a Software FX, Inc. product. (k) You may identify NVIDIA as do not use the SOFTWARE licensor Software FX, Inc. or as having NVIDIA Target System compatibilityChart FX name, where appropriate, provided that You shall not otherwise use NVIDIA's name logo or trademarks trademark to market, endorse, or promote any End-User Application without prior written permission from NVIDIA,market your software product; (iii) The distributable portions of the SOFTWARE shall only be accessed by Your End-User Application, (ivl) You will not allow Sublicensees agree to remove any copyright or other proprietary notice indemnify, hold harmless, and defend Software FX, Inc. and its suppliers from the SOFTWARE, (v) You will not allow Sublicensees to modify, create derivative works reverse engineer, disassemble or attempt in any manner to obtain the source code of the SOFTWARE, (vi) You shall disclaim and against any and all warranties on behalf claims or lawsuits including attorney's fees that arise or result from the use or distribution of Licensors, (vii) You your software product. If any of the conditions set forth in paragraphs above are breached, such breach shall disclaim, to the maximum extent permitted by law, Licensors' and their respective affiliates' liability for all damages, direct or indirect, incidental or consequential, that may arise from any constitute an unlawful use of the SOFTWARE, (viii) You , and you shall not export be prosecuted to the SOFTWARE, directly or indirectly, in violation of U.S. export control laws or any export or import regulations in other countries, (ix) You shall strictly prohibit the further distribution full extent of the Run-Time Files law. Furthermore, you shall be liable to Software FX, Inc. for all damages caused by users of an End-User Application, and (x) You shall include the following notice in Your modifications such breach and derivative works of sample source code that are distributed: "This software contains source code provided by NVIDIA Corporation." (xi) You agree to notify NVIDIA in writing of any known or suspected distribution or unlawful use of the SOFTWARE not software, including attorney's fees and costs incurred in compliance with any action, lawsuit or claim brought or filed to redress the requirements breach of this SLA, and to enforce the terms of your agreements with respect to distributed SOFTWAREagreement.