NVIDIA PhysX SDK EULA_1-USB迷|专注于互联网分享

2024年9月1日发(作者：长义)

NVIDIA CORPORATION

®®

NVIDIA PHYSX SDK END USER LICENSE AGREEMENT

Welcome to the new world of reality gaming brought to you by PhysX

acceleration

from NVIDIA

®.

NVIDIA Corporation (“NVIDIA”) is willing to license the PHYSX SDK and the

accompanying documentation to you only on the condition that you accept all the terms

in this License Agreement (“Agreement”).

IMPORTANT: READ THE FOLLOWING TERMS AND CONDITIONS BEFORE

USING THE ACCOMPANYING NVIDIA PHYSX SDK.

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

NOT WILLING TO LICENSE THE PHYSX SDK TO YOU. IF YOU DO NOT

AGREE TO THESE TERMS, YOU SHALL DESTROY THIS ENTIRE PRODUCT

AND PROVIDE EMAIL VERIFICATION TO PHYSXLICENCING@

OF DELETION OF ALL COPIES OF THE ENTIRE PRODUCT.

NVIDIA MAY MODIFY THE TERMS OF THIS AGREEMENT FROM TIME TO

TIME. ANY USE OF THE PHYSX SDK WILL BE SUBJECT TO SUCH UPDATED

TERMS. A CURRENT VERSION OF THIS AGREEMENT IS POSTED ON

NVIDIA’S DEVELOPER WEBSITE:

/object/physx_

1. Definitions. “Licensed Platforms” means the following:

- Any PC or Apple Mac computer with a NVIDIA CUDA-enabled

processor executing NVIDIA PhysX;

- Any PC or Apple Mac computer running NVIDIA PhysX software

executing on the primary central processing unit of the PC only;

- Any PC utilizing an AGEIA PhysX processor executing NVIDIA

PhysX code;

- Microsoft Xbox 360;

- Nintendo Wii or 3DS;

- Android platform device;

- iOS platform device; and/or

- Sony Playstation 3

“Physics Application” means a software application designed for use and fully

compatible with the PhysX SDK and/or NVIDIA Graphics processor products, including

but not limited to, a video game, game engine integration, simulation, movie, or any other

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product. “PhysX Software Development Kit” or “PhysX SDK” means the set of

instructions for computers, in executable form and in any media (which may include

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

NVIDIA’s proprietary Software Development Kit and related media and printed

materials, including Redistributable Code, Sample Code, reference guides and manuals,

installation routines, PhysX drivers, API’s, libraries, any subsequent updates or

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

downloaded. “Redistributable Code” means the Sample Code and any object code files

located in the “SDKslib”, “ToolsNXuStream2” directories of the PhysX SDK, and

beginning with PhysX Version 2.8.4, all Application/Game Engine/Game developers

must redistribute

, , the cudarXX_XX_ and

with the Application/Game Engine/Game ‘locally’, in the directory where

the .exe is located

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

object code files contained within the PhysX SDK’s “Samples” directory or made

available for download from the PhysX developer site and designated as sample code.

2. License. NVIDIA grants you (“you”) a limited, non-exclusive, non-transferable

world-wide, royalty-free license to (a) internally install, use and display the PhysX SDK,

solely for purposes of developing Physics Applications on Licensed Platforms; (b)

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

Physics Applications on Licensed Platforms; and (c) reproduce and distribute the

Redistributable Code only in object code form and only as fully integrated into Physics

Applications, provided you meet and comply with all requirements of this Agreement.

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

(i) modify, reproduce, de-compile, reverse engineer or translate the PhysX

SDK; or

(ii) distribute or transfer the PhysX SDK other than as part of the Physics

Application.

Except as expressly granted herein, no other license under any patent, copyright, trade

secret, trademark or other intellectual property right is granted to or conferred upon you

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

3. Redistribution; Physics Applications. Any redistribution of the PhysX SDK (in

accordance with Section 2 above) or portions thereof must be subject to an end user

license agreement including language that

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

engineering or translating the PhysX SDK;

(b) prohibits the end user from distributing or transferring the PhysX SDK other

than as part of the Physics Application;

companies and licensors;

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

companies and its licensors' liability for all damages, direct or indirect, incidental or

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consequential, that may arise from any use of the PhysX SDK and/or Physics

Application;

(e) requires the end user to agree not to export the PhysX SDK and/or Physics

Application, directly or indirectly, in violation of any U.S. laws; and

(f) licenses the PhysX SDK or any portions thereof for use only in conjunction

with the Licensed Platforms.

You are required to notify NVIDIA prior to use of the PhysX SDK in the development of

any commercial Physics Application. Please send notification by email to:

physxlicensing@ and provide the following information in the email:

- Company Name

- Publisher Name (if any)

- Title of Game, Game Engine, or Application

- Platforms (i.e. PC, Xbox, PS3, Wii, Mac, iOS, Mac OSX, or Android)

- Scheduled Ship Date

- GPU PhysX Support – yes or no

upon commercial release, you must provide NVIDIA with two (2) copies of such

commercial Physics Application and any related documentation.

please send both copies to:

NVIDIA Corporation

2701 San Tomas Expressway

Santa Clara, CA 95050

Attention: Clay Causin

Any commercial Physics Application integrating the PhysX SDK is subject to a license to

NVIDIA for use and public display of such Physics Application for advertising and

marketing purposes.

Failure to notify NVIDIA pursuant to this Section and failure to provide attribution

pursuant to Section 6 shall be considered a material breach of this agreement and you

shall be responsible for payment to NVIDIA of the standard binary SDK license fee of

$10,000 per Physics Application per platform.

4. Ownership, Protections. The PhysX SDK is owned by NVIDIA and NVIDIA

licensors, and is protected by United States copyright laws, international treaty

provisions, and other applicable laws. With regard to any copies made, you agree to

reproduce any copyright notices and other proprietary legends included on the original.

NVIDIA copyright notice(s) may appear in any of several forms, including machine-

readable form, and you agree to reproduce such notice in each form in which it appears.

Title and copyrights to the PhysX SDK and any copies made by you remain with

NVIDIA and its licensors. You acknowledge that the PhysX SDK contain valuable

proprietary information and trade secrets and that unauthorized or improper use of the

PhysX SDK will result in irreparable harm to NVIDIA and its licensors for which

monetary damages would be inadequate and for which NVIDIA and its licensors will be

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

in the PhysX SDK and the Sample Code, you own your modifications to the Sample

Code.

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

decompile, bootleg, reverse engineer, disassemble, or extract the inner workings of any

portion of the PhysX SDK except the Sample Code, (b) copy the look-and-feel or

functionality of any portion of the PhysX SDK except the Sample Code; (c) remove any

proprietary notices, marks, labels, or logos from the PhysX SDK or any portion thereof;

(d) rent, transfer or use as a service bureau all or some of the PhysX SDK without

NVIDIA’s prior written consent, except in the form of Physics Applications and subject

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

which is designed to defeat any copy protection device, should the PhysX SDK be

equipped with such a protection device; or (f) use the NVIDIA Licensed Software in any

manner that would cause the NVIDIA Licensed Software to become subject to an Open

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

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

the NVIDIA Licensed Software be (i) disclosed or distributed in source code form; (ii) be

licensed for the purpose of making derivative works; or (iii) be redistributable at no

charge. Unauthorized copying of the PhysX SDK, or failure to comply with any of the

provisions of this Agreement, will result in automatic termination of this license.

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

to NVIDIA, PhysX

by NVIDIA, and the NVIDIA PhysX SDK. In order to comply with

the attribution requirements of this Section 6, PhysX by NVIDIA logos and usage

guidelines can be obtained by sending an email request to physxlicensing@.

A: You will include a reference to the PhysX SDK and NVIDIA in any press releases

or press coverage for such Game, Game Engine, or Application that incorporates

the PhysX SDK and will identify NVIDIA as the provider of the "PhysX

" (or such other term or phrase as

indicated by NVIDIA from time to time).

B: For Games, Game Engines, Demos, Videos and Applications that incorporate the

PhysX SDK or portions thereof, the PhysX by NVIDIA logo must appear

accompanied with the following text: “NVIDIA(R) and PhysX(R) are registered

trademarks of NVIDIA Corporation and are used under license.":

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

electronic file for the purpose of acknowledgement/copyright/trademark

notice;

b. on external packaging;

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

d. must appear on title marketing feature list with a specific call-out of

PhysX Technology

e. on the credit screen; and

f. in the “About” or “Info” box menu items (or equivalent) of all Physics

Games or Applications using any portion of the PhysX SDK.

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C: Upon request, provide a quote citing the Licensee’s integration of the PhysX SDK

into the Game or Application for NVIDIA’s use in press materials and website.

Except as expressly set forth in this Section 6, or in a separate written agreement with

NVIDIA, you may not use NVIDIA's trademarks, whether registered or unregistered, in

connection with the Physics Application in any manner or imply that NVIDIA endorses

or otherwise approves of the Physics Application or that you and NVIDIA are in any way

affiliated. Your use of the NVIDIA name under this Agreement does not create any

right, title or interest in the NVIDIA name or any NVIDIA trademarks and all goodwill

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

7. DISCLAIMER. EXCEPT FOR THE ABOVE EXPRESS LIMITED

WARRANTY, THE PHYSX SDK IS PROVIDED “AS IS” AND NVIDIA AND ITS

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

KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY

COMMUNICATION WITH YOU. NVIDIA SPECIFICALLY DISCLAIMS ANY

OTHER WARRANTY INCLUDING THE IMPLIED WARRANTIES OF

MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR

PURPOSE. NVIDIA DOES NOT WARRANT THAT THE OPERATION OF THE

SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS

IN THE SOFTWARE WILL BE CORRECTED. NVIDIA MAKES NO WARRANTY

WITH RESPECT TO THE CORRECTNESS, ACCURACY, OR RELIABILITY OF

THE SOFTWARE AND DOCUMENTATION. Some jurisdictions do not allow the

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

8. Remedies. The entire liability of NVIDIA and its licensors, and your exclusive

remedy under the warranty provided herein will be, at NVIDIA’s option, to replace any

media found to be defective within the warranty period, or to refund the purchase price

and terminate this Agreement. To seek such a remedy, you must return the entire PhysX

SDK to NVIDIA, with a copy of the original purchase receipt within the warranty period.

9. Confidential Information. All technical and business information disclosed by

NVIDIA to you under this Agreement, including but not limited to source code,

documentation, technical assistance and any confidential information pertaining to

NVIDIA’s business or products, are to be considered “NVIDIA Confidential

Information.” You will not disclose any portion of NVIDIA Confidential Information to

any third party and will protect all NVIDIA Confidential Information with the same

degree of care as you use to protect your own information of a confidential or proprietary

nature, but always with at least a reasonable degree of care. This obligation of

confidentiality will survive termination and/or expiration of this Agreement for any

reason.

10. LIMITATION OF LIABILITY. THE TOTAL LIABILITY OF NVIDIA AND

ITS LICENSORS UNDER THIS AGREEMENT FOR DAMAGES WILL NOT

EXCEED $100 IN THE AGGREGATE. IN NO EVENT WILL NVIDIA OR ITS

LICENSORS BE LIABLE IN ANY WAY FOR INCIDENTAL, CONSEQUENTIAL,

INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY NATURE, INCLUDING

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WITHOUT LIMITATION, LOST BUSINESS PROFITS, OR LIABILITY OR INJURY

TO THIRD PERSONS, WHETHER FORESEEABLE OR NOT, REGARDLESS OF

WHETHER NVIDIA OR ITS LICENSORS HAVE BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit limitations of

liability for incidental or consequential damages, so the above exclusions may not apply

to you.

11. Customer and Technical Support. You will be solely responsible for providing

customer and technical support to end users of the Physics Application for all features of

the Physics Application, including those features that relate to integration, functionality

or compatibility of the Physics Application with NVIDIA products. NVIDIA may

provide you with technical support related to use of the PhysX SDK under terms and

conditions as posted on the NVIDIA PhysX developer website, which may, in NVIDIA’s

sole discretion, be changed from time to time.

12. Term of License; Termination. Your right to use the PhysX SDK will begin when

you click the “ACCEPT” button, which constitutes acceptance of the terms and

conditions herein. The license is effective until otherwise terminated. You may

terminate it at any time by destroying the PhysX SDK and all portions thereof, together

with all copies in any form. If you fail to comply with any material term or condition of

this Agreement and do not cure the noncompliance within 30 days of receipt of written

notice of noncompliance from NVIDIA, NVIDIA may terminate your rights to conduct

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

Termination"). Upon Partial Termination, you will certify to NVIDIA in writing that the

original and all stand-alone copies, in whole or in part, of the PhysX SDK have been

destroyed. Upon Partial Termination, you may continue to distribute any Physics

Application that has been commercially released prior to such termination subject to

prospective compliance with this Agreement. Upon any other termination, you will

certify to NVIDIA in writing that the original and all copies, in whole or in part, of the

PhysX SDK have been destroyed, including those portions contained within any

unshipped Physics Applications.

13. Governing Law. This Agreement will be governed by the laws of the United

States of America to the extent that they apply and otherwise by the laws of the State of

California, without reference to principles of conflicts of law.

14. Export. You agree and certify that no portion of the PhysX SDK nor any other

technical data received from NVIDIA will be exported outside the United States except

as authorized and as permitted by the laws and regulations of the United States. If you

have rightfully obtained the PhysX SDK outside of the United States, you agree that you

will not re-export any portion of the PhysX SDK nor any other technical data received

from NVIDIA, except as permitted by the laws and regulations of the United States and

the laws and regulations of the jurisdiction in which you obtained the PhysX SDK.

15. Assignment. You may not sublicense, assign or transfer this Agreement or the

PhysX SDK except as expressly provided in this Agreement. Any attempt to otherwise

sublicense, assign or transfer any of the rights, duties or obligations hereunder is null and

void.

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16. Survival. The parties agree that where the context of any provision indicates an

intent that it will survive the term of this Agreement, then it will survive. All terms of

this Agreement survive Partial Termination except Sections 2(a) and (b).

17. Entire Agreement. This Agreement contains the parties’ entire agreement

regarding your use of the PhysX SDK and may be amended only in writing signed by

both parties.

rights reserved.

US AND INTERNATIONAL PATENTS PENDING.

Version: 4-8-11

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