{
  "key": "nvidia-apex-sdk-eula-2011",
  "short_name": "NVIDIA APEX SDK EULA 2011",
  "name": "NVIDIA APEX SDK End User License Agreement 2011",
  "category": "Proprietary Free",
  "owner": "NVIDIA",
  "homepage_url": "https://developer.download.nvidia.com/assets/gamedev/docs/NVIDIA%20APEX%20EULA.pdf",
  "spdx_license_key": "LicenseRef-scancode-nvidia-apex-sdk-eula-2011",
  "other_urls": [
    "www.developer.nvidia.com/apex"
  ],
  "ignorable_copyrights": [
    "Copyright 2011 NVIDIA Corporation"
  ],
  "ignorable_holders": [
    "NVIDIA Corporation"
  ],
  "ignorable_urls": [
    "http://www.developer.nvidia.com/apex"
  ],
  "ignorable_emails": [
    "PHYSXLICENCING@NVIDIA.COM",
    "PHYSXLICENSING@NVIDIA.COM"
  ],
  "text": "NVIDIA CORPORATION\nNVIDIA APEX SDK END USER LICENSE AGREEMENT\nWelcome to the new world of game development physical asset creation provided to you\nwith the APEX SDK from NVIDIA\u00ae.\n\nNVIDIA Corporation (\u201cNVIDIA\u201d) is willing to license the APEX SDK and the\naccompanying documentation, samples applications, utilities, and asset authoring\nlibraries to you only on the condition that you accept all the terms in this License\nAgreement (\u201cAgreement\u201d).\n\nIMPORTANT: READ THE FOLLOWING TERMS AND CONDITIONS BEFORE\nUSING THE ACCOMPANYING NVIDIA APEX SDK.\nIF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, NVIDIA IS\nNOT WILLING TO LICENSE THE APEX SDK TO YOU. IF YOU DO NOT AGREE\nTO THESE TERMS, YOU SHALL DESTROY THIS ENTIRE PRODUCT AND\nPROVIDE EMAIL VERIFICATION TO PHYSXLICENCING@NVIDIA.COM OF\nDELETION OF ALL COPIES OF THE ENTIRE PRODUCT.\nNVIDIA MAY MODIFY THE TERMS OF THIS AGREEMENT FROM TIME TO\nTIME. ANY USE OF THE APEX SDK WILL BE SUBJECT TO SUCH UPDATED\nTERMS. A CURRENT VERSION OF THIS AGREEMENT IS POSTED ON\nNVIDIA\u2019S DEVELOPER WEBSITE: www.developer.nvidia.com/apex\n\n1. Definitions.\n\u201cPhysics Application\u201d means a software application designed for use and fully\ncompatible with the PhysX and APEX SDK and/or NVIDIA Graphics processor\nproducts, including but not limited to, a video game, visual simulation, movie, or other\nproduct. \u201cAPEX Software Development Kit\u201d or \u201cAPEX SDK\u201d means the set of\ninstructions for computers, in executable form and in any media (which may include\ndiskette, CD-ROM, downloadable internet, hardware, or firmware) comprising\nNVIDIA\u2019s proprietary Software Development Kit and related media and printed\nmaterials, including Redistributable Code, Sample Code, reference guides and manuals,\ninstallation routines, API\u2019s, libraries, any subsequent updates or adaptations provided by\nNVIDIA, whether with this installation or as separately downloaded. \u201cSample Code\u201d\nmeans the sample interface or application source and object code files contained within\nthe APEX SDK\u2019s \u201cSamples\u201d directory or made available for download from the PhysX\ndeveloper site and designated as sample code.\n\n2. License. NVIDIA grants you (\u201cyou\u201d) a limited, non-exclusive, non-transferable\nworld-wide, royalty-free license to (a) internally install, use and display the APEX SDK, \nsolely for purposes of developing APEX asset content for Physics Applications; (b)\ninternally use, copy, modify and compile the Sample Code to design, develop and test\nAPEX assets; and (c) reproduce and distribute the Redistributable Code only in object\ncode form and only as fully integrated into Physics Applications, provided you meet and\ncomply with all requirements of this Agreement.\n\nIn addition, you may not and shall not permit others to:\n(i) modify, reproduce, de-compile, reverse engineer or translate the APEX\nSDK; or\n(ii) distribute or transfer the APEX SDK other than as part of the Physics\nApplication.\n\nExcept as expressly granted herein, no other license under any patent, copyright, trade\nsecret, trademark or other intellectual property right is granted to or conferred upon you\nby this Agreement. All other rights are expressly reserved by NVIDIA and its licensors.\n\n3. Redistribution; Physics Applications. Any redistribution of the APEX SDK (in\naccordance with Section 2 above) or portions thereof must be subject to an end user\nlicense agreement including language that\n(a) prohibits the end user from modifying, reproducing, de-compiling, reverse\nengineering or translating the APEX SDK;\n(b) prohibits the end user from distributing or transferring the APEX SDK other\nthan as part of the Physics Application;\n(c) disclaims any and all warranties on behalf of NVIDIA and its affiliated\ncompanies and licensors;\n(d) disclaims, to the maximum extent permitted by law, NVIDIA\u2019s, its affiliated\ncompanies and its licensors' liability for all damages, direct or indirect, incidental or\nconsequential, that may arise from any use of the APEX SDK and/or Physics\nApplication;\n(e) requires the end user to agree not to export the APEX SDK and/or Physics\nApplication, directly or indirectly, in violation of any U.S. laws; and\n\nYOU ARE REQUIRED TO NOTIFY NVIDIA PRIOR TO USE OF THE APEX SDK\nIN THE DEVELOPMENT OF ANY COMMERCIAL PHYSICS APPLICATION.\nPLEASE SEND NOTIFICATION BY EMAIL TO:\nPHYSXLICENSING@NVIDIA.COM AND PROVIDE THE FOLLOWING\nINFORMATION IN THE EMAIL:\n- COMPANY NAME\n- PUBLISHER NAME\n- GAME TITLE\n- PLATFORMS (I.E. PC, XBOX, PS3, WII)\n- SCHEDULED SHIP DATE\n\nANY COMMERCIAL PHYSICS APPLICATION INTEGRATING THE APEX SDK IS\nSUBJECT TO A LICENSE TO NVIDIA FOR USE AND PUBLIC DISPLAY OF\nSUCH PHYSICS APPLICATION FOR ADVERTISING AND MARKETING\nPURPOSES.\n\nFAILURE TO NOTIFY NVIDIA PURSUANT TO THIS SECTION AND FAILURE\nTO PROVIDE ATTRIBUTION PURSUANT TO SECTION 6 SHALL BE\nCONSIDERED A MATERIAL BREACH OF THIS AGREEMENT.\n\n4. Ownership, Protections. The APEX SDK is owned by NVIDIA and NVIDIA\nlicensors, and is protected by United States copyright laws, international treaty\nprovisions, and other applicable laws. With regard to any copies made, you agree to\nreproduce any copyright notices and other proprietary legends included on the original.\nNVIDIA copyright notice(s) may appear in any of several forms, including machinereadable \nform, and you agree to reproduce such notice in each form in which it appears.\nTitle and copyrights to the APEX SDK and any copies made by you remain with\nNVIDIA and its licensors. You acknowledge that the APEX SDK contain valuable\nproprietary information and trade secrets and that unauthorized or improper use of the\nAPEX SDK will result in irreparable harm to NVIDIA and its licensors for which\nmonetary damages would be inadequate and for which NVIDIA and its licensors will be\nentitled to immediate injunctive relief. Subject to the rights of NVIDIA and its licensors\nin the APEX SDK and the Sample Code, you own your modifications to the Sample\nCode.\n\n5. Restrictions. You will not, and will not permit others to: (a) modify, translate,\ndecompile, bootleg, reverse engineer, disassemble, or extract the inner workings of any\nportion of the APEX SDK except the Sample Code, (b) copy the look-and-feel or\nfunctionality of any portion of the APEX SDK except the Sample Code; (c) remove any\nproprietary notices, marks, labels, or logos from the APEX SDK or any portion thereof;\n(d) rent, transfer or use as a service bureau all or some of the APEX SDK without\nNVIDIA\u2019s prior written consent, except in the form of Physics Applications and subject\nto the requirements of this Agreement; (e) utilize any computer software or hardware\nwhich is designed to defeat any copy protection device, should the APEX SDK be\nequipped with such a protection device; or (f) use the NVIDIA Licensed Software in any\nmanner that would cause the NVIDIA Licensed Software to become subject to an Open\nSource License. \"Open Source License\" includes, without limitation, a software license\nthat requires as a condition of use, modification, and/or distribution of such software that\nthe NVIDIA Licensed Software be (i) disclosed or distributed in source code form; (ii) be\nlicensed for the purpose of making derivative works; or (iii) be redistributable at no\ncharge. Unauthorized copying of the APEX SDK, or failure to comply with any of the\nprovisions of this Agreement, will result in automatic termination of this license.\n\n6. Attribution Requirements and Trademark License. You must provide attribution\nto NVIDIA.\n\nA: You will include a reference to the APEX SDK and NVIDIA in any press releases\nfor such Game that relate to NVIDIA, or in-game physics, and will identify \nNVIDIA as the provider of \"APEX\" (or such other term or phrase as indicated by\nNVIDIA from time to time).\n\nB: For Games, Demos, and Videos that incorporate the APEX SDK or portions\nthereof, the NVIDIA logos must appear:\na. on the back cover of the instruction manual or similar placement in an\nelectronic file for the purpose of acknowledgement/copyright/trademark\nnotice;\nb. on external packaging;\nc. during opening marquee or credits with inclusion of \u201cNVIDIA\u201d;\nd. must appear on title marketing feature list with a specific call-out of\nNVIDIA APEX Technology\ne. on the credit screen; and\nf. in the \u201cAbout\u201d or \u201cInfo\u201d box menu items (or equivalent) of all Physics\nGames or Applications using any portion of the APEX SDK.\n\nC: Provide a quote citing the Licensee\u2019s integration of the APEX SDK into the Game\nor Application for NVIDIA\u2019s use in press materials and website.\n\nD: Refer to NVIDIA\u2019s APEX SDK in all press coverage referring to the use APEX\nin the development of any Game or Application.\nFAILURE TO PROVIDE ATTRIBUTION PURSUANT TO THIS SECTION SHALL\nBE CONSIDERED A MATERIAL BREACH OF THIS AGREEMENT.\n\nExcept as expressly set forth in this Section 6, or in a separate written agreement with\nNVIDIA, you may not use NVIDIA's trademarks, whether registered or unregistered, in\nconnection with the Physics Application in any manner or imply that NVIDIA endorses\nor otherwise approves of the Physics Application or that you and NVIDIA are in any way\naffiliated. Your use of the NVIDIA name under this Agreement does not create any\nright, title or interest in the NVIDIA name or any NVIDIA trademarks and all goodwill\narising from your use inure solely to the benefit of NVIDIA.\n\n7. DISCLAIMER. EXCEPT FOR THE ABOVE EXPRESS LIMITED\nWARRANTY, THE APEX SDK IS PROVIDED \u201cAS IS\u201d AND NVIDIA AND ITS\nLICENSORS MAKE, AND YOU RECEIVE, NO OTHER WARRANTIES OF ANY\nKIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY\nCOMMUNICATION WITH YOU. NVIDIA SPECIFICALLY DISCLAIMS ANY\nOTHER WARRANTY INCLUDING THE IMPLIED WARRANTIES OF\nMERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR\nPURPOSE. NVIDIA DOES NOT WARRANT THAT THE OPERATION OF THE\nSOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS\nIN THE SOFTWARE WILL BE CORRECTED. NVIDIA MAKES NO WARRANTY\nWITH RESPECT TO THE CORRECTNESS, ACCURACY, OR RELIABILITY OF\nTHE SOFTWARE AND DOCUMENTATION. Some jurisdictions do not allow the\nexclusion of implied warranties, so the above exclusion may not apply to you.\n\n8. Remedies. The entire liability of NVIDIA and its licensors, and your exclusive\nremedy under the warranty provided herein will be, at NVIDIA\u2019s option, to replace any\nmedia found to be defective within the warranty period, or to refund the purchase price \nand terminate this Agreement. To seek such a remedy, you must return the entire APEX\nSDK to NVIDIA, with a copy of the original purchase receipt within the warranty period.\n\n9. Confidential Information. All technical and business information disclosed by\nNVIDIA to you under this Agreement, including but not limited to source code,\ndocumentation, technical assistance and any confidential information pertaining to\nNVIDIA\u2019s business or products, are to be considered \u201cNVIDIA Confidential\nInformation.\u201d You will not disclose any portion of NVIDIA Confidential Information to\nany third party and will protect all NVIDIA Confidential Information with the same\ndegree of care as you use to protect your own information of a confidential or proprietary\nnature, but always with at least a reasonable degree of care. This obligation of\nconfidentiality will survive termination and/or expiration of this Agreement for any\nreason.\n\n10. LIMITATION OF LIABILITY. THE TOTAL LIABILITY OF NVIDIA AND\nITS LICENSORS UNDER THIS AGREEMENT FOR DAMAGES WILL NOT\nEXCEED $100 IN THE AGGREGATE. IN NO EVENT WILL NVIDIA OR ITS\nLICENSORS BE LIABLE IN ANY WAY FOR INCIDENTAL, CONSEQUENTIAL,\nINDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY NATURE, INCLUDING\nWITHOUT LIMITATION, LOST BUSINESS PROFITS, OR LIABILITY OR INJURY\nTO THIRD PERSONS, WHETHER FORESEEABLE OR NOT, REGARDLESS OF\nWHETHER NVIDIA OR ITS LICENSORS HAVE BEEN ADVISED OF THE\nPOSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit limitations of\nliability for incidental or consequential damages, so the above exclusions may not apply\nto you.\n\n11. Customer and Technical Support. You will be solely responsible for providing\ncustomer and technical support to end users of the Physics Application for all features of\nthe Physics Application, including those features that relate to integration, functionality\nor compatibility of the Physics Application with NVIDIA products. NVIDIA may\nprovide you with technical support related to use of the APEX SDK under terms and\nconditions as posted on the NVIDIA PhysX developer website, which may, in NVIDIA\u2019s\nsole discretion, be changed from time to time.\n\n12. Term of License; Termination. Your right to use the APEX SDK will begin when\nyou click the \u201cACCEPT\u201d button, which constitutes acceptance of the terms and\nconditions herein. The license is effective until otherwise terminated. You may\nterminate it at any time by destroying the APEX SDK and all portions thereof, together\nwith all copies in any form. If you fail to comply with any material term or condition of\nthis Agreement and do not cure the noncompliance within 30 days of receipt of written\nnotice of noncompliance from NVIDIA, NVIDIA may terminate your rights to conduct\nany further development under Sections 2(a) and (b) of this Agreement (\"Partial\nTermination\"). Upon Partial Termination, you will certify to NVIDIA in writing that the\noriginal and all stand-alone copies, in whole or in part, of the APEX SDK have been\ndestroyed. Upon Partial Termination, you may continue to distribute any Physics\nApplication that has been commercially released prior to such termination subject to\nprospective compliance with this Agreement. Upon any other termination, you will\ncertify to NVIDIA in writing that the original and all copies, in whole or in part, of the \nAPEX SDK have been destroyed, including those portions contained within any\nunshipped Physics Applications.\n\n13. Governing Law. This Agreement will be governed by the laws of the United\nStates of America to the extent that they apply and otherwise by the laws of the State of\nCalifornia, without reference to principles of conflicts of law.\n\n14. Export. You agree and certify that no portion of the APEX SDK nor any other\ntechnical data received from NVIDIA will be exported outside the United States except\nas authorized and as permitted by the laws and regulations of the United States. If you\nhave rightfully obtained the APEX SDK outside of the United States, you agree that you\nwill not re-export any portion of the APEX SDK nor any other technical data received\nfrom NVIDIA, except as permitted by the laws and regulations of the United States and\nthe laws and regulations of the jurisdiction in which you obtained the APEX SDK.\n\n15. Assignment. You may not sublicense, assign or transfer this Agreement or the\nAPEX SDK except as expressly provided in this Agreement. Any attempt to otherwise\nsublicense, assign or transfer any of the rights, duties or obligations hereunder is null and\nvoid.\n\n16. Survival. The parties agree that where the context of any provision indicates an\nintent that it will survive the term of this Agreement, then it will survive. All terms of\nthis Agreement survive Partial Termination except Sections 2(a) and (b).\n\n17. Entire Agreement. This Agreement contains the parties\u2019 entire agreement\nregarding your use of the APEX SDK and may be amended only in writing signed by\nboth parties.\n\nCopyright 2011 NVIDIA Corporation. All rights reserved.\nUS AND INTERNATIONAL PATENTS PENDING.\nRev (7-22-11)"
}