.. _eula:

End User License Agreement
===============================================

::

  Penguin Computing, Inc.
  45800 Northport Loop West, Fremont, CA 94538
  Tel: 415-954-2800 
  www.penguincomputing.com
  
  Penguin Computing Software End User License Agreement
  
  Last revised: 2/22/2025
  
  LEGAL NOTICE - READ CAREFULLY BEFORE INSTALLING OR OTHERWISE USING THIS SOFTWARE.
  
  This License Agreement (the "Agreement") is a legal agreement between you, a 
  single legal entity ("End User"), and Penguin Computing, Inc. ("Penguin"). This 
  Agreement governs your use of the ICE RemoteWare™ software defined below 
  (the "Software") and any accompanying written materials (the "Documentation"). 
  You must accept the terms of this Agreement before installing, downloading, 
  accessing or otherwise using such Software and documentation.
  
  By "ACCEPTING" at the end of this Agreement, you are indicating that you have 
  read and understood, and assent to be bound by, the terms of this Agreement. If 
  you are an individual working for a company, then you represent and warrant you 
  have all necessary authority to bind your company to the terms and conditions of 
  this Agreement.
  
  If you do not agree to the terms of the Agreement, you are not granted any rights  
  whatsoever in the Software or Documentation. If you are not willing to be bound 
  by these terms and conditions, do not "ACCEPT" the EULA and remove the software 
  from the system immediately.
  
  END USER LICENSE AGREEMENT FOR ICE RemoteWare™ Software
  
  1. Definitions.
  
  1.1 "Clustered System" means a collection of computer systems managed by the 
  Software and for which the total number of computers in the system is specified 
  in the End User purchase order.
  
  1.2 "Master Node" means the computer or computers designated as the Master 
  Node(s) in the applicable End User purchase order, where the Software is 
  initially installed and from which the total number of computers comprising the 
  Clustered System are managed.
  
  1.3 "Software" means the software provided under this Agreement by Penguin or 
  its authorized distributor or reseller and for which the applicable End User 
  purchase order specifies: (i) the Software to be licensed by End User (ii) the 
  Master Node(s) (iii) the license fees and (iv) the total number of computers in 
  the Clustered System for which End User has paid applicable license fees and the 
  term of the Software usage. The Software is comprised of a collection of software 
  components that fall into three (3) categories: (a) "Unpublished Software" which 
  is owned by Penguin and/or its licensors and licensed under the terms of this 
  Agreement (b) "Published Software" which is owned by Penguin and licensed under 
  the GPL version 2 open source license or such other open source license as 
  Penguin may elect in its sole discretion and (c) "Open Source Software" which is 
  owned by various entities other than Penguin and is subject to the "open source" 
  or "free software" licenses, including but not limited to General Public 
  Licenses (GPL), Lesser General Public License (LPGL), Apache, Artistic, BSD, 
  IBM Public, Mozilla, Omron, Open Group Public License, and Python licenses.
  
  1.4 "Client Connections" means the simultaneous connections between any software 
  client and Software, where a connection creates a persistent and unique Software 
  session per software client.
  
  2. License.
  
  2.1 License Grant. Subject to the terms and conditions of this Agreement, Penguin 
  grants to End User a non- exclusive, non-transferable, non-sublicensable right 
  and license to (a) reproduce (solely to download and install), perform, and 
  execute the Unpublished Software on the specified Master Node(s), solely for End 
  User's internal purposes, and (i) solely for use on the number of computers in 
  the Clustered System and (ii) not to exceed the maximum number of Client 
  Connections for which End User has paid the required license fees for the 
  authorized term and (b) make one (1) copy of the Unpublished Software and 
  Documentation for backup and/or archival purposes only.
  
  2.2 Restrictions. The End User shall not, and shall not permit any third party 
  to: (a) sell, lease, license, rent, loan, or otherwise transfer the Unpublished 
  Software or Documentation, with or without consideration (b) permit any third 
  party to access or use the Unpublished Software or Documentation (c) permit any 
  third party to benefit from the use or functionality of the Unpublished Software 
  via a timesharing, service bureau, or other arrangement (d) transfer any of the 
  rights granted to End User under this Agreement (e) reverse engineer, decompile, 
  or disassemble the Unpublished Software (f) modify or create derivative works 
  based upon the Unpublished Software or Documentation, in whole or in part (g) 
  reproduce the Unpublished Software or Documentation, except as expressly 
  permitted in Section 2.1 above (h) remove, alter, or obscure any proprietary 
  notices or labels on the Unpublished Software or Documentation (i) use the 
  Unpublished Software for any purpose other than expressly permitted in Section 
  2.1 above or (j) use the Unpublished Software for more than the total number of 
  computers, or longer than the authorized term the End User is licensed for 
  pursuant to Section 2.1 above.
  
  2.3 Open Source Software. The Open Source Software and Published Software are 
  not subject to the terms and conditions of Sections 2.1, 2.2, or 6. Instead, 
  each item of Open Source Software and Published Software is licensed under the 
  terms of the end-user license that accompanies such Open Source Software and 
  Published Software, as may be located in the product packaging or available 
  on-line. End User agrees to abide by the applicable license terms for any such 
  Open Source Software and Published Software. Nothing in this Agreement limits 
  End User's rights under, or grants End User rights that supersede, the terms and 
  conditions of any applicable end user license for the Open Source Software or 
  Published Software. In particular, nothing in this Agreement restricts End 
  User's right to copy, modify, and distribute any of the Open Source Software and 
  Published Software that is subject to the terms of the GPL and LGPL. For the 
  Open Source Software and Published Software subject to the GPL and LGPL, for a 
  period of three (3) years following End User's receipt of the Software, End User 
  may contact Penguin at the address below in writing and request a copy of the 
  source code for such Open Source Software or Published Software at Penguin's 
  then-current fees.
  
  3. Ownership. The Software is licensed, not sold. Penguin and its licensors 
  retain exclusive ownership of all applicable worldwide copyrights, trade 
  secrets, patents, and all other intellectual property rights throughout the 
  world, and all applications and registrations relating thereto, in and to the 
  Unpublished Software, Published Software, and Documentation, and any full or 
  partial copies thereof, including any additions or modifications to the 
  Unpublished Software and Documentation. End User acknowledges that, except for 
  the limited license rights expressly provided in this Agreement or the Open 
  Source Licenses, as applicable, no right, title, or interest to the intellectual 
  property in the Software or Documentation is provided to End User, and that End 
  User does not obtain any rights, express or implied, in the Software or 
  Documentation. All rights in and to the Software not expressly granted to End 
  User in this Agreement or the Open Source Licenses, as applicable, are expressly 
  reserved to Penguin and its licensors. The “ICE ClusterWare™” and “ICE RemoteWare” 
  trademarks and associated logos are the trademarks of Penguin and its affiliates. 
  This Agreement does not permit End User to use the Penguin trademarks.  
  
  4. Limited Warranty. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE 
  SOFTWARE IS PROVIDED AND LICENSED AS-IS WITHOUT WARRANTY OF ANY KIND, EXPRESSED 
  OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON- 
  INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. PENGUIN DOES NOT 
  WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET THE END USER'S 
  REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE OR APPEAR 
  PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION.
  
  5. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 
  PENGUIN NOR ANY OF ITS AUTHORIZED DISTRIBUTORS, RESELLERS AND LICENSORS WILL BE  
  LIABLE TO END USER FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, 
  LOST OPPORTUNITIES, LOST SAVINGS, OR LOST DATA OR COST OF COVER ARISING OUT OF 
  THE USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION OR ANY SERVICES 
  HEREUNDER, HOWEVER CAUSED ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, STRICT 
  LIABILITY, OR NEGLIGENCE), EVEN IF PENGUIN, ITS AUTHORIZED DISTRIBUTORS, 
  RESELLERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
  IN NO EVENT SHALL PENGUIN'S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE 
  AMOUNT ACTUALLY PAID BY END USER TO PENGUIN FOR THE SOFTWARE GIVING RISE TO THE 
  CLAIM.  END USER ACKNOWLEDGES THAT THE AGREEMENT REFLECTS AN ADEQUATE AND 
  ACCEPTABLE ALLOCATION OF RISK.
  
  6. Confidential Information. Unpublished Software and the structure, 
  organization, and code of the Unpublished Software, including but not limited to 
  the shell scripts of the Unpublished Software, are confidential and proprietary 
  information ("Confidential Information") of Penguin and/or its licensors. End 
  User agrees to safeguard such Confidential Information with a degree of care 
  commensurate with reasonable standards of industrial security for the protection 
  of trade secrets and proprietary information such that no unauthorized use is 
  made of such information and no disclosure of any part of its contents is made 
  to anyone other than End User's employees whose duties reasonably require such 
  disclosure in order to effectuate the purposes of this Agreement.
  
  7. Term and Termination. This Agreement will remain in effect until terminated 
  or for the authorized term of license usage. End User may terminate this 
  Agreement by removing the Unpublished Software from End User's computers, 
  ceasing all use thereof, and destroying all copies of the Unpublished Software 
  and Documentation and certifying to Penguin that it has done so. Any breach of 
  this Agreement by End User will result in the immediate and automatic 
  termination of this Agreement and licenses granted by Penguin herein, and End 
  User shall cease all use of and destroy all copies of the Unpublished Software 
  and Documentation and certify to Penguin that it has done so. In addition to 
  termination, Penguin will have the right to pursue any other remedies available 
  to it under law or in equity.
  
  8. Export Controls. End User acknowledges and agrees that the Software and 
  Documentation which is the subject of this Agreement may be controlled for 
  export purposes. End User agrees to comply with all United States export laws 
  and regulations including, but not limited to, the United States Export 
  Administration Regulations, International Traffic in Arms Regulations, 
  directives and regulations of the Office of Foreign Asset Control, treaties, 
  Executive Orders, laws, statutes, amendments, and supplement thereto. End User 
  assumes sole responsibility for any required export approval and/or licenses and 
  all related costs and for the violation of any United States export law or 
  regulation.
  
  9. U.S. Government End Users. The Software is a "commercial item" as that term 
  is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer 
  software" and "commercial computer software documentation" as such terms are 
  used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 212 and 
  48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), all U.S. Government End 
  Users acquire the Software with only those rights set forth herein.
  
  10. Miscellaneous. This Agreement is the final, complete and exclusive agreement 
  between the parties relating to the Software and Documentation, and supersedes 
  all prior or contemporaneous proposals, representations, understandings, or 
  agreements relating thereto, whether oral or written. Software shall be deemed 
  irrevocably accepted by End User upon installation. No waiver or modification 
  of the Agreement will be valid unless signed by each party. The waiver of a 
  breach of any term hereof will in no way be construed as a waiver of any other 
  term or breach hereof. The headings in this Agreement do not affect its 
  interpretation. End User may not assign or transfer any of its rights or 
  obligations under this Agreement to a third party without the prior written 
  consent of Penguin. Any attempted assignment or transfer in violation of the 
  foregoing will be null and void. If any provision of this Agreement is held by 
  a court of competent jurisdiction to be unenforceable, the remaining provisions 
  of this Agreement will remain in full force and effect. This Agreement is 
  governed by the laws of the State of California without reference to conflict 
  of laws principles that would require the application of the laws of any other 
  state. The United Nations Convention on Contracts for the International Sale of 
  Goods shall not apply to this Agreement. All disputes arising out of this 
  Agreement will be subject to the exclusive jurisdiction of the state and federal 
  courts located in San Francisco County, California, and the parties agree and 
  submit to the personal and exclusive jurisdiction and venue of these courts. 
  Should you have any questions about this Agreement, or if you desire to contact 
  Penguin, please contact us by mail at 
  Penguin Computing, Inc., 45800 Northport Loop West, Fremont, CA 94538. 
  

Thirdparty License Agreements
===============================================

::

  Third Party Open Source License Terms Guide
  
  All platforms:
  ==============
  
  This Software incorporates certain open software in its stack.  The
  license terms associated with this software require that we give
  copyright and license information, and this Third Party Open Source
  License Terms Guide (“TPOSLTG”) provides those details.
  
  1. Licensing terms Bootstrap
  
      The MIT License (MIT)
  
      Copyright (c) 2011-2016 Twitter, Inc.
  
      Permission is hereby granted, free of charge, to any person obtaining a copy
      of this software and associated documentation files (the "Software"), to deal
      in the Software without restriction, including without limitation the rights
      to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
      copies of the Software, and to permit persons to whom the Software is
      furnished to do so, subject to the following conditions:
  
      The above copyright notice and this permission notice shall be included in
      all copies or substantial portions of the Software.
  
      THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
      IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
      FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
      AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
      LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
      OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
      THE SOFTWARE.
  
      Source, as of 03/27/17: https://github.com/angular-ui/bootstrap/blob/master/LICENSE
  
  2. Licensing terms Broadway.js
  
      Copyright (c) 2011, Project Authors (see AUTHORS file)
      All rights reserved.
  
      Redistribution and use in source and binary forms, with or without
      modification, are permitted provided that the following conditions
      are met:
  
        *  Redistributions of source code must retain the above
           copyright notice, this list of conditions and the following
           disclaimer.
        *  Redistributions in binary form must reproduce the above
           copyright notice, this list of conditions and the following
           disclaimer in the documentation and/or other materials
           provided with the distribution.
        *  Neither the names of the Project Authors nor the names of its
           contributors may be used to endorse or promote products
           derived from this software without specific prior written
           permission.
  
      THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
      CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES,
      INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
      MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
      DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS
      BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
      EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
      TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES LOSS OF USE,
      DATA, OR PROFITS OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
      ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
      TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
      THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
      SUCH DAMAGE.
  
      --
  
      The 3-clause BSD above applies to all code except for code
      originating from the Android project (the .cpp files in
      Avc/). Those files are under the Android project's Apache 2.0
      license.
  
  
      Source, as of 03/27/17: https://github.com/mbebenita/Broadway/blob/master/LICENSE
  
  3. Licensing terms ffmpeg
  
      Most files in FFmpeg are under the GNU Lesser General Public
      License version 2.1 or later (LGPL v2.1+). Read the file
      COPYING.LGPLv2.1 for details. Some other files have
      MIT/X11/BSD-style licenses. In combination the LGPL v2.1+ applies
      to FFmpeg.
  
      Some optional parts of FFmpeg are licensed under the GNU General
      Public License version 2 or later (GPL v2+). See the file
      COPYING.GPLv2 for details. None of these parts are used by
      default, you have to explicitly pass --enable-gpl to configure to
      activate them. In this case, FFmpeg's license changes to GPL v2+.
  
      Specifically, the GPL parts of FFmpeg are:
  
          libpostproc
          optional x86 optimization in the files
              libavcodec/x86/flac_dsp_gpl.asm
              libavcodec/x86/idct_mmx.c
              libavfilter/x86/vf_removegrain.asm
          the following building and testing tools
              compat/solaris/make_sunver.pl
              doc/t2h.pm
              doc/texi2pod.pl
              libswresample/swresample-test.c
              tests/checkasm/*
              tests/tiny_ssim.c
          the following filters in libavfilter:
              vf_blackframe.c
              vf_boxblur.c
              vf_colormatrix.c
              vf_cover_rect.c
              vf_cropdetect.c
              vf_delogo.c
              vf_eq.c
              vf_find_rect.c
              vf_fspp.c
              vf_geq.c
              vf_histeq.c
              vf_hqdn3d.c
              vf_interlace.c
              vf_kerndeint.c
              vf_mcdeint.c
              vf_mpdecimate.c
              vf_owdenoise.c
              vf_perspective.c
              vf_phase.c
              vf_pp.c
              vf_pp7.c
              vf_pullup.c
              vf_repeatfields.c
              vf_sab.c
              vf_smartblur.c
              vf_spp.c
              vf_stereo3d.c
              vf_super2xsai.c
              vf_tinterlace.c
              vf_uspp.c
              vsrc_mptestsrc.c
  
      Should you, for whatever reason, prefer to use version 3 of the
      (L)GPL, then the configure parameter --enable-version3 will
      activate this licensing option for you. Read the file
      COPYING.LGPLv3 or, if you have enabled GPL parts, COPYING.GPLv3 to
      learn the exact legal terms that apply in this case.
  
      There are a handful of files under other licensing terms, namely:
  
          The files libavcodec/jfdctfst.c,
          libavcodec/jfdctint_template.c and libavcodec/jrevdct.c are
          taken from libjpeg, see the top of the files for licensing
          details. Specifically note that you must credit the IJG in the
          documentation accompanying your program if you only distribute
          executables. You must also indicate any changes including
          additions and deletions to those three files in the
          documentation.  tests/reference.pnm is under the expat
          license.
  
      External libraries
  
      FFmpeg can be combined with a number of external libraries, which
      sometimes affect the licensing of binaries resulting from the
      combination.  Compatible libraries
  
      The following libraries are under GPL:
  
          frei0r
          libcdio
          librubberband
          libvidstab
          libx264
          libx265
          libxavs
          libxvid
  
      When combining them with FFmpeg, FFmpeg needs to be licensed as
      GPL as well by passing --enable-gpl to configure.
  
      The OpenCORE and VisualOn libraries are under the Apache License
      2.0. That license is incompatible with the LGPL v2.1 and the GPL
      v2, but not with version 3 of those licenses. So to combine these
      libraries with FFmpeg, the license version needs to be upgraded by
      passing --enable-version3 to configure.  Incompatible libraries
  
      There are certain libraries you can combine with FFmpeg whose
      licenses are not compatible with the GPL and/or the LGPL. If you
      wish to enable these libraries, even in circumstances that their
      license may be incompatible, pass --enable-nonfree to
      configure. But note that if you enable any of these libraries the
      resulting binary will be under a complex license mix that is more
      restrictive than the LGPL and that may result in additional
      obligations. It is possible that these restrictions cause the
      resulting binary to be unredistributable.
  
      The Fraunhofer FDK AAC and OpenSSL libraries are under licenses
      which are incompatible with the GPLv2 and v3. To the best of our
      knowledge, they are compatible with the LGPL.
  
      The NVENC library, while its header file is licensed under the
      compatible MIT license, requires a proprietary binary blob at run
      time, and is deemed to be incompatible with the GPL. We are not
      certain if it is compatible with the LGPL, but we require
      --enable-nonfree even with LGPL configurations in case it is not.
  
      Source as of 03/27/17: https://github.com/FFmpeg/FFmpeg/blob/master/LICENSE.md
  
  4. Licensing terms of Poco
  
      The Boost Software License 1.0
  
      Permission is hereby granted, free of charge, to any person or
      organization obtaining a copy of the software and accompanying
      documentation covered by this license (the "Software") to use,
      reproduce, display, distribute, execute, and transmit the
      Software, and to prepare derivative works of the Software, and to
      permit third-parties to whom the Software is furnished to do so,
      all subject to the following:
  
      The copyright notices in the Software and this entire statement,
      including the above license grant, this restriction and the
      following disclaimer, must be included in all copies of the
      Software, in whole or in part, and all derivative works of the
      Software, unless such copies or derivative works are solely in the
      form of machine-executable object code generated by a source
      language processor.
  
      THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
      EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
      MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
      NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR
      ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR
      OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING
      FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
      OTHER DEALINGS IN THE SOFTWARE.
  
      Source as of 03/27/17: https://pocoproject.org/license.html
  
  5. Licensing terms of OverlayScrollbars
  
      MIT License
  
      Copyright (c) 2017 Rene Haas
  
      Permission is hereby granted, free of charge, to any person
      obtaining a copy of this software and associated documentation
      files (the "Software"), to deal in the Software without
      restriction, including without limitation the rights to use, copy,
      modify, merge, publish, distribute, sublicense, and/or sell copies
      of the Software, and to permit persons to whom the Software is
      furnished to do so, subject to the following conditions:
  
      The above copyright notice and this permission notice shall be
      included in all copies or substantial portions of the Software.
  
      THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
      EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
      MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
      NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
      HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
      WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
      OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
      DEALINGS IN THE SOFTWARE.
  
  6. Licensing terms of css-loaders
  
      The MIT License (MIT)
  
      Copyright (c) 2014 Luke Haas
  
      Permission is hereby granted, free of charge, to any person obtaining a copy of
      this software and associated documentation files (the "Software"), to deal in
      the Software without restriction, including without limitation the rights to
      use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of
      the Software, and to permit persons to whom the Software is furnished to do so,
      subject to the following conditions:
  
      The above copyright notice and this permission notice shall be included in all
      copies or substantial portions of the Software.
  
      THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
      IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
      FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR
      COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER
      IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
      CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
  
  7.  License fonts provided by Google, Inc (https://fonts.google.com/attribution)
  
      Roboto[wdth,wght].ttf: Copyright 2011 The Roboto Project Authors (https://github.com/googlefonts/roboto-classic)
  
      Roboto-Italic[wdth,wght].ttf: Copyright 2011 The Roboto Project Authors (https://github.com/googlefonts/roboto-classic)
  
      DMSans[opsz,wght].ttf: Copyright 2014 The DM Sans Project Authors (https://github.com/googlefonts/dm-fonts)
  
      DMSans-Italic[opsz,wght].ttf: Copyright 2014 The DM Sans Project Authors (https://github.com/googlefonts/dm-fonts)
  
  
      This Font Software is licensed under the SIL Open Font License, Version 1.1.
      This license is copied below, and is also available with a FAQ at:
      https://openfontlicense.org
  
      -----------------------------------------------------------
      SIL OPEN FONT LICENSE Version 1.1 - 26 February 2007
      -----------------------------------------------------------
  
      PREAMBLE
      The goals of the Open Font License (OFL) are to stimulate worldwide
      development of collaborative font projects, to support the font creation
      efforts of academic and linguistic communities, and to provide a free and
      open framework in which fonts may be shared and improved in partnership
      with others.
  
      The OFL allows the licensed fonts to be used, studied, modified and
      redistributed freely as long as they are not sold by themselves. The
      fonts, including any derivative works, can be bundled, embedded,
      redistributed and/or sold with any software provided that any reserved
      names are not used by derivative works. The fonts and derivatives,
      however, cannot be released under any other type of license. The
      requirement for fonts to remain under this license does not apply
      to any document created using the fonts or their derivatives.
  
      DEFINITIONS
      "Font Software" refers to the set of files released by the Copyright
      Holder(s) under this license and clearly marked as such. This may
      include source files, build scripts and documentation.
  
      "Reserved Font Name" refers to any names specified as such after the
      copyright statement(s).
  
      "Original Version" refers to the collection of Font Software components as
      distributed by the Copyright Holder(s).
  
      "Modified Version" refers to any derivative made by adding to, deleting,
      or substituting -- in part or in whole -- any of the components of the
      Original Version, by changing formats or by porting the Font Software to a
      new environment.
  
      "Author" refers to any designer, engineer, programmer, technical
      writer or other person who contributed to the Font Software.
  
      PERMISSION & CONDITIONS
      Permission is hereby granted, free of charge, to any person obtaining
      a copy of the Font Software, to use, study, copy, merge, embed, modify,
      redistribute, and sell modified and unmodified copies of the Font
      Software, subject to the following conditions:
  
      1) Neither the Font Software nor any of its individual components,
      in Original or Modified Versions, may be sold by itself.
  
      2) Original or Modified Versions of the Font Software may be bundled,
      redistributed and/or sold with any software, provided that each copy
      contains the above copyright notice and this license. These can be
      included either as stand-alone text files, human-readable headers or
      in the appropriate machine-readable metadata fields within text or
      binary files as long as those fields can be easily viewed by the user.
  
      3) No Modified Version of the Font Software may use the Reserved Font
      Name(s) unless explicit written permission is granted by the corresponding
      Copyright Holder. This restriction only applies to the primary font name as
      presented to the users.
  
      4) The name(s) of the Copyright Holder(s) or the Author(s) of the Font
      Software shall not be used to promote, endorse or advertise any
      Modified Version, except to acknowledge the contribution(s) of the
      Copyright Holder(s) and the Author(s) or with their explicit written
      permission.
  
      5) The Font Software, modified or unmodified, in part or in whole,
      must be distributed entirely under this license, and must not be
      distributed under any other license. The requirement for fonts to
      remain under this license does not apply to any document created
      using the Font Software.
  
      TERMINATION
      This license becomes null and void if any of the above conditions are
      not met.
  
      DISCLAIMER
      THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
      EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
      MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
      OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE
      COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
      INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
      DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
      FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM
      OTHER DEALINGS IN THE FONT SOFTWARE.
  
  MacOS and Windows only:
  =======================
  
  8. Licensing terms OpenSSL
  
  
        LICENSE ISSUES
        ==============
  
        The OpenSSL toolkit stays under a double license, i.e. both the
        conditions of the OpenSSL License and the original SSLeay
        license apply to the toolkit.  See below for the actual license
        texts.
  
        OpenSSL License
        ---------------
  
      /* ====================================================================
       * Copyright (c) 1998-2017 The OpenSSL Project.  All rights reserved.
       *
       * Redistribution and use in source and binary forms, with or without
       * modification, are permitted provided that the following conditions
       * are met:
       *
       * 1. Redistributions of source code must retain the above copyright
       *    notice, this list of conditions and the following disclaimer.
       *
       * 2. Redistributions in binary form must reproduce the above copyright
       *    notice, this list of conditions and the following disclaimer in
       *    the documentation and/or other materials provided with the
       *    distribution.
       *
       * 3. All advertising materials mentioning features or use of this
       *    software must display the following acknowledgment:
       *    "This product includes software developed by the OpenSSL Project
       *    for use in the OpenSSL Toolkit. (http://www.openssl.org/)"
       *
       * 4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to
       *    endorse or promote products derived from this software without
       *    prior written permission. For written permission, please contact
       *    openssl-core@openssl.org.
       *
       * 5. Products derived from this software may not be called "OpenSSL"
       *    nor may "OpenSSL" appear in their names without prior written
       *    permission of the OpenSSL Project.
       *
       * 6. Redistributions of any form whatsoever must retain the following
       *    acknowledgment:
       *    "This product includes software developed by the OpenSSL Project
       *    for use in the OpenSSL Toolkit (http://www.openssl.org/)"
       *
       * THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY
       * EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
       * IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
       * PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL THE OpenSSL PROJECT OR
       * ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
       * SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
       * NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES
       * LOSS OF USE, DATA, OR PROFITS OR BUSINESS INTERRUPTION)
       * HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
       * STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
       * ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
       * OF THE POSSIBILITY OF SUCH DAMAGE.
       * ====================================================================
       *
       * This product includes cryptographic software written by Eric Young
       * (eay@cryptsoft.com).  This product includes software written by Tim
       * Hudson (tjh@cryptsoft.com).
       *
       */
  
       Original SSLeay License
       -----------------------
  
      /* Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com)
       * All rights reserved.
       *
       * This package is an SSL implementation written
       * by Eric Young (eay@cryptsoft.com).
       * The implementation was written so as to conform with Netscapes SSL.
       *
       * This library is free for commercial and non-commercial use as long as
       * the following conditions are aheared to.  The following conditions
       * apply to all code found in this distribution, be it the RC4, RSA,
       * lhash, DES, etc., code not just the SSL code.  The SSL documentation
       * included with this distribution is covered by the same copyright terms
       * except that the holder is Tim Hudson (tjh@cryptsoft.com).
       *
       * Copyright remains Eric Young's, and as such any Copyright notices in
       * the code are not to be removed.
       * If this package is used in a product, Eric Young should be given attribution
       * as the author of the parts of the library used.
       * This can be in the form of a textual message at program startup or
       * in documentation (online or textual) provided with the package.
       *
       * Redistribution and use in source and binary forms, with or without
       * modification, are permitted provided that the following conditions
       * are met:
       * 1. Redistributions of source code must retain the copyright
       *    notice, this list of conditions and the following disclaimer.
       * 2. Redistributions in binary form must reproduce the above copyright
       *    notice, this list of conditions and the following disclaimer in the
       *    documentation and/or other materials provided with the distribution.
       * 3. All advertising materials mentioning features or use of this software
       *    must display the following acknowledgement:
       *    "This product includes cryptographic software written by
       *     Eric Young (eay@cryptsoft.com)"
       *    The word 'cryptographic' can be left out if the rouines from the library
       *    being used are not cryptographic related :-).
       * 4. If you include any Windows specific code (or a derivative thereof) from
       *    the apps directory (application code) you must include an acknowledgement:
       *    "This product includes software written by Tim Hudson (tjh@cryptsoft.com)"
       *
       * THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND
       * ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
       * IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
       * ARE DISCLAIMED.  IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE
       * FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
       * DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
       * OR SERVICES LOSS OF USE, DATA, OR PROFITS OR BUSINESS INTERRUPTION)
       * HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
       * LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
       * OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
       * SUCH DAMAGE.
       *
       * The licence and distribution terms for any publically available version or
       * derivative of this code cannot be changed.  i.e. this code cannot simply be
       * copied and put under another distribution licence
       * [including the GNU Public Licence.]
       */
  
      Source as of 03/27/17: https://www.openssl.org/source/license.html
  
  Windows only:
  =============
  
  9. Licensing terms AW_SAS64
  
      Source as of 03/27/17:
      https://softltd.wordpress.com/simulate-ctrl-alt-del-in-windows-vista-7-and-server-2008/
  
      AW_SASxx DLLs and other materials included in the Free
      Distribution Package
  
      END USER LICENSE AGREEMENT TERMS AND CONDITIONS
  
      Please read the terms and conditions of this license agreement
      (the "License") before installing the computer software (the
      "Software").  By installing and using the Software you accept and
      agree to the terms of this License.  This License constitutes the
      entire agreement concerning the Software between you and Jose
      Pascoa. If you do not agree with these terms and conditions,
      promptly uninstall or remove the Software.
  
      The term "Software" includes, and these terms and conditions also
      apply to, any updates, modifications and upgrades to the Software
      that you may receive after the initial release.
  
      1. License Grant. This License permits you to use the supplied
      aw_sasxx DLLs in any software you develop and distribute, sell or
      give away according to your own criteria, except, Use of the
      Software with with any product that is distributed as Open Source
      or is distributed under the terms of GNU General Public License
      (GPL) or where the Source Code of the application is required to
      be freely distributed is NOT ALLOWED.  You agree that you will not
      modify, adapt, rename or translate, or disassemble, decompile,
      reverse engineer or otherwise attempt to discover the source code
      of any parts of the Software supplied in EXE or DLL form.
  
      2. Jose Pascoa DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR
      IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
      FITNESS FOR PARTICULAR PURPOSE.  Jose Pascoa does not warrant that
      the Software, its use, operation or your ability to use the
      Software will be uninterrupted or error-free or that all Software
      errors will be corrected. Jose Pascoa does not warrant that the
      Software or service will meet your requirements.
  
      3. Limitations of Liability.  In no event shall Jose Pascoa be
      liable for any damages to you or any other party whether arising
      out of contract or from tort including loss of data, profits or
      business or other special, incidental, exemplary or consequential
      damages, even if Jose Pascoa has been advised of the possibility
      of such loss or damages.  Jose Pascoa’s cumulative liability shall
      not exceed the license fee paid, which is none in this case, for
      use of this Software and Documentation.
  
      Jose Pascoa is a registered Software Developer, with address in
      Lisbon, Portugal
  
  10. Licensing terms of screen-capture-recorder as agreed upon with Roger Pack on 03/27/17
  
      Copyright (c) 2017, Roger Pack (rogerpack2005@gmail.com )
      All rights reserved.
  
      Redistribution and use in source and binary forms, with or without
      modification, are permitted provided that the following conditions
      are met:
  
      1. Redistributions of source code must retain the above copyright
         notice, this list of conditions and the following disclaimer.
      2. Redistributions in binary form must reproduce the above
         copyright notice, this list of conditions and the following
         disclaimer in the documentation and/or other materials provided
         with the distribution.
  
      THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
      CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES,
      INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
      MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
      DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS
      BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
      EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
      TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES LOSS OF USE,
      DATA, OR PROFITS OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
      ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
      TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
      THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
      SUCH DAMAGE.
  
      The views and conclusions contained in the software and
      documentation are those of the authors and should not be
      interpreted as representing official policies, either expressed or
      implied, of the FreeBSD Project.
  
      Source as of 03/27/17, modified were copyright year and copyright
      holder: https://en.wikipedia.org/wiki/BSD_licenses
  
  11. Licensing terms of WinToast
  
      MIT License
  
      Copyright (C) 2016-2023 WinToast v1.3.0 - Mohammed Boujemaoui <mohabouje@gmail.com>
  
      Permission is hereby granted, free of charge, to any person obtaining a copy of
      this software and associated documentation files (the "Software"), to deal in
      the Software without restriction, including without limitation the rights to
      use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of
      the Software, and to permit persons to whom the Software is furnished to do so,
      subject to the following conditions:
  
      The above copyright notice and this permission notice shall be included in all
      copies or substantial portions of the Software.
  
      THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
      IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
      FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR
      COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER
      IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
      CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
  
  Linux only:
  ===========
  
  12. Licensing terms NVIDIA GRID SDK
  
      NVIDIA GRID Software License Agreement
  
      IMPORTANT NOTICE – PLEASE READ THIS NVIDIA GRID SOFTWARE LICENSE
      AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.  USE OF THIS
      SOFTWARE IS SUBJECT TO THIS AGREEMENT.  YOU WILL BE ASKED TO
      REVIEW AND EITHER ACCEPT OR NOT ACCEPT THE TERMS OF THIS
      AGREEMENT.
  
      This GRID Software License Agreement (“Agreement”) is a legal
      agreement between you (“You” or “Licensee”) and NVIDIA Corporation
      ("NVIDIA") which governs the use of NVIDIA GRID frame capture and
      hardware-accelerated video encoding API’s and associated sample
      source code, header files and documentation provided or otherwise
      made available to you ("Software").  By downloading, installing,
      or otherwise using the Software, you agree to be bound by the
      terms of this Agreement.  If you do not agree to the terms of this
      Agreement, do not download, install or otherwise use the Software.
      If You are an entity, You acknowledge that the individual
      accepting the Agreement has appropriate authority to do so and to
      bind You.
  
      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, and instead is only
      licensed for use, strictly in accordance with this document. GRID
      hardware products are protected by various patents, and are sold,
      but this Agreement does not cover that sale, since it may not
      necessarily be sold with the Software. This Agreement sets forth
      the terms and conditions of the Software only.  Any other use of
      the applicable driver software by Licensee will only be under the
      terms of a separate license agreement from NVIDIA.
  
  
      SECTION 1 - LICENSE
  
      1.1 License Grant.  Provided that Licensee is in compliance with
      the terms and conditions of this Agreement, NVIDIA grants to
      Licensee a nonexclusive, non-transferable, worldwide, revocable,
      limited, royalty-free, fully paid-up license to: (i) use,
      reproduce, modify and prepare derivative works of the Software
      solely for Your own internal development and testing of the
      Software with Licensee’s product(s) and/or service(s) (“Licensee
      Product”) for use with GRID or Quadro 4000+ products only (ii)
      reproduce and use the Software internally only with GRID or Quadro
      4000+ products to provide the Licensee Product services and (iii)
      reproduce and distribute the Software (in object code only)
      bundled with Licensee Product for use only with GRID or Quadro
      4000+ products to Licensee’s customers and grant to Licensee’s
      customers a sublicense to use the Software as compiled with
      Licensee Products for use only with GRID or Quadro 4000+ products
      under a written, legally enforceable agreement that has the effect
      of protecting the Software and the rights of NVIDIA under terms no
      less restrictive than this Agreement.
  
      1.2 Limitations.  Unless otherwise authorized in the Agreement,
      Licensee shall not otherwise assign, sublicense, lease, or in any
      other way transfer or disclose Software to any third party.
      Licensee shall not reverse- compile, disassemble,
      reverse-engineer, or in any manner attempt to derive the source
      code of the Software from the object code portions of the
      Software.  Licensee acknowledges and agrees this Software is
      licensed for use only in conjunction with NVIDIA GRID and Quadro
      4000+ hardware products. Use of the Software in conjunction with
      other NVIDIA hardware products or non-NVIDIA hardware and/or
      software products is not licensed hereunder.
  
      1.3 No Other License.  Except as expressly stated in this
      Agreement, no license or right is granted to Licensee directly or
      by implication, inducement, estoppel or otherwise. NVIDIA shall
      have the right to inspect or have an independent auditor inspect
      Licensee’s relevant records to verify Licensee’s compliance with
      the terms and conditions of this Agreement.
  
      SECTION 2 - CONFIDENTIALITY
  
      2.1 Confidential Information.  Licensee acknowledges and agrees
      that the Software, documentation and other information (if such
      other information is identified as confidential or should be
      reasonably recognized as confidential under the circumstances)
      provided to Licensee by NVIDIA hereunder (collectively,
      "Confidential Information") constitute the confidential and
      proprietary information of NVIDIA and that Licensee's protection
      thereof is an essential condition to Licensee's use and possession
      of the Software.  Licensee shall retain all Confidential
      Information in strict confidence and not disclose it to any third
      party or use it in any way except as permitted by this Agreement.
      Licensee shall exercise at least the same amount of diligence in
      preserving the secrecy of the Confidential Information as it uses
      in preserving the secrecy of its own most valuable confidential
      information, but in no event less than reasonable diligence.
      Notwithstanding the foregoing, all documents and other tangible
      objects containing or representing NVIDIA Confidential Information
      and all copies thereof which are in the possession of Licensee
      shall be and remain the property of NVIDIA and shall be promptly
      returned to NVIDIA upon termination of this Agreement.
  
      2.2 Contractor.  If Licensee wishes to have a third party
      consultant or subcontractor ("Contractor") perform work on
      Licensee’s behalf which involves access to or use of Software,
      Licensee shall obtain a written confidentiality agreement from the
      Contractor which contains terms and obligations with respect to
      access to or use of Software no less restrictive than those set
      forth in this Agreement and excluding any distribution or
      sublicense rights, and use for any other purpose than permitted in
      this Agreement. Otherwise, Licensee shall not disclose the terms
      or existence of this Agreement or use NVIDIA's name in any
      publications, advertisements, or other announcements without
      NVIDIA's prior written consent.  Unless otherwise provided in this
      Agreement, Licensee does not have any rights to use any NVIDIA
      trademarks or logos.
  
      SECTION 3 - OWNERSHIP OF SOFTWARE AND INTELLECTUAL PROPERTY RIGHTS
  
      3.1 Ownership.  All rights, title and interest to all copies of
      the Software remain with NVIDIA, subsidiaries, licensors, or its
      suppliers. The Software is copyrighted and protected by the laws
      of the United States and other countries, and international treaty
      provisions. Licensee may not remove any copyright notices from the
      Software. NVIDIA may make changes to the Software, or to items
      referenced therein, at any time and without notice, but is not
      obligated to support or update the Software. Except as otherwise
      expressly provided, NVIDIA grants no express or implied right
      under any NVIDIA patents, copyrights, trademarks, or other
      intellectual property rights.
  
      3.2 Modifications.  Licensee holds all rights, title and interest
      in the modifications to and derivative works of the Software that
      Licensee creates, subject to NVIDIA’s underlying intellectual
      property rights to the Software provided, however that Licensee
      grants NVIDIA an irrevocable, perpetual, nonexclusive, worldwide,
      royalty-free paid-up license to make, have made, use, have used,
      sell, license, distribute, sublicense or otherwise transfer
      derivative works to the Software created by Licensee that add
      functionality or improvement to the Software.
  
      3.3 Feedback.  Licensee has no obligation to give NVIDIA any
      suggestions, comments or other feedback (“Feedback”) relating to
      the Software.  However, NVIDIA may use and include any Feedback
      that Licensee voluntarily provides to improve the Software or
      other related NVIDIA technologies.  Accordingly, if Licensee
      provides Feedback, Licensee agrees NVIDIA and its licensees may
      freely use, reproduce, license, distribute, and otherwise
      commercialize the Feedback in the Software or other related
      technologies without the payment of any royalties or fees.
  
      3.4 Third Party Technology.  Licensee acknowledges and agrees that
      it is Licensee’s sole responsibility to obtain any, additional,
      third party licenses required to make, have made, use, have used,
      sell, import, and offer for sale Licensee Products that include or
      incorporate any third party technology 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 (“Third Party Technology”).
      Licensee acknowledges and agrees that NVIDIA has not granted to
      Licensee under this Agreement any necessary patent rights with
      respect to the Third Party Technology.  As such, Licensee’s use of
      the Third Party Technology may be subject to further restrictions
      and terms and conditions.  Licensee acknowledges and agrees that
      Licensee is solely and exclusively responsible for obtaining any
      and all authorizations and licenses required for the use,
      distribution and/or incorporation of the Third Party Technology.
  
      3.5 Licensee Indemnity.  Licensee shall, at its own expense fully
      indemnify, hold harmless, defend and/or settle any claim, suit or
      proceeding that is asserted by a third party against NVIDIA and
      its officers, employees or agents, to the extent such claim, suit
      or proceeding arising from or related to Licensee’s failure to
      fully satisfy and/or comply with the third party licensing
      obligations related to the Third Party Technology (a “Claim”).  In
      the event of a Claim, Licensee agrees to: (a) pay all damages or
      settlement amounts, which shall not be finalized without the prior
      written consent of NVIDIA, (including other reasonable costs
      incurred by NVIDIA, including reasonable attorneys fees, in
      connection with enforcing this paragraph) (b) reimburse NVIDIA
      for any licensing fees and/or penalties incurred by NVIDIA in
      connection with a Claim and (c) immediately procure/satisfy the
      third party licensing obligations before using the Software
      pursuant to this Agreement.
  
      SECTION 4 - NO WARRANTIES
  
      THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED
      WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY,
      NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NVIDIA DOES
      NOT REPRESENT OR WARRANT THAT THE SOFTWARE WILL MEET LICENSEE’S
      REQUIREMENT OR THAT THE OPERATION OF THE SOFTWARE WILL BE
      UNINTERRUPTED OR ERROR FREE.
  
      SECTION 5 - LIMITATION OF LIABILITY
  
      IN NO EVENT SHALL NVIDIA, ITS SUBSIDIARIES, LICENSORS, OR
      SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL
      OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT
      LIMITATION, LOSS OF USE, LOSS OF DATA, BUSINESS INTERUPTION OR
      LOST PROFITS) IN CONNECTION WITH THIS AGREEMENT OR ARISING OUT OF
      THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS
      BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
      JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR
      IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE
      ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER
      LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.  IN NO
      EVENT SHALL WILL NVIDIA’S AGGREGATE LIABILITY ARISING OUT OF THIS
      AGREEMENT EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD$100).  THE
      LICENSEE IS SOLELY RESPONSIBLE FOR THE PROTECTION AND BACK-UP OF
      ALL DATA AND SOFTWARE.
  
      SECTION 6 – TERM AND TERMINATION
  
      6.1 Term.  This Agreement is effective until (i) automatically
      terminated if Licensee fails to comply with any of the terms and
      conditions of this Agreement or (ii) earlier terminated by NVIDIA
      in accordance with Section 6.2 (Termination).
  
      6.2 Termination.  In the event of actual or threatened breach of
      this Agreement by Licensee, NVIDIA may terminate this Agreement
      and the licenses granted hereunder, in addition to any other
      remedies it may have.  If Licensee commences or participates in
      any legal proceeding against NVIDIA, then NVIDIA may, in its sole
      discretion, suspend or terminate all license grants and any other
      rights provided under this Agreement.  Upon termination, Licensee
      shall immediately cease using and immediately return all copies of
      the Software to NVIDIA, or destroy the Software and certify to
      NVIDIA in writing that such actions have been completed.
  
      6.3 Survival.  Those provisions in this Agreement, which by their
      nature need to survive the termination or expiration of this
      Agreement, shall survive termination or expiration of the
      Agreement, including but not limited to Sections 2, 3, 4, 5, 6.2,
      6.3, and 7.
  
      SECTION 7 – MISCELLANEOUS
  
      This Agreement shall be deemed to have been made in, and shall be
      construed pursuant to, the laws of the State of Delaware. The
      state and/or federal courts residing in Santa Clara County,
      California shall have exclusive jurisdiction over any dispute or
      claim arising out of this Agreement.  This Agreement 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.  If any provision of this
      Agreement 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 Agreement, and Licensee’s rights and obligations
      herein, may not be assigned, subcontracted, delegated, or
      otherwise transferred by Licensee without NVIDIA’s prior written
      consent, and any attempted assignment, subcontract, delegation, or
      transfer in violation of the foregoing will be null and void.  The
      terms of this Agreement shall be binding upon permitted
      assignees. The Parties acknowledge that they are independent
      contractors and no other relationship, including partnership,
      joint venture, employment, franchise, master/servant or
      principal/agent, is intended by this Agreement.  Neither Party
      shall have the right to bind or obligate the other.  Failure by
      either Party to enforce any provision of this Agreement will not
      be deemed a waiver of future enforcement of that or any other
      provision.  Licensee shall not ship, transfer or export the
      Software into any country, or use the Software in any manner,
      prohibited by the United States Bureau of Industry and Security or
      any export laws, restrictions or regulations.
  
  
      1
      NVIDIA GRID Software License Agreement v.f.nstr02
  
      Source as of 03/27/17: GRID-SDK 2.2 installer from NVIDIA Corporation
      
