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TEGRA DEVELOPMENT SYSTEM END USER LICENSE AGREEMENT 1

TEGRA DEVELOPMENT SYSTEM END

USER LICENSE AGREEMENT

BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE SOFTWARE (AS DEFINED

BELOW) OR TEGRA DEVELOPMENT SYSTEM HARDWARE, THE END USER OF THE TEGRA

DEVELOPMENT SYSTEM (“YOU” OR “LICENSEE”) AGREE TO ALL OF THE TERMS OF THIS

AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A

COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL

AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS. IF YOU DO

NOT AGREE TO THESE TERMS,

> DO NOT (A) DOWNLOAD, INSTALL, COPY THE SOFTWARE; OR (B) ACCESS OR USE THE

TEGRA DEVELOPMENT SYSTEM; AND

> PROMPTLY RETURN THE TEGRA DEVELOPMENT SYSTEM AND SOFTWARE AND

APPLICABLE PURCHASE ORDER TO THE PARTY FROM WHOM YOU ACQUIRED IT TO OBTAIN

A REFUND OF THE AMOUNT YOU PAID, IF ANY. IF YOU DOWNLOADED THE SOFTWARE,

CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT.

This Tegra Development System End User License Agreement (the “Agreement”) is entered into by

and between NVIDIA Corporation, a Delaware corporation, having its principal place of business

at 2701 San Tomas Expressway, Santa Clara, CA 95050 (“NVIDIA”) and the individual person

or single legal entity (“Licensee” or “You”) who acknowledges and agrees to fully abide by the

terms and conditions of this Agreement in connection with their use of (i) the computer software

programs provided pursuant to this Agreement in binary code only (“Software”); (ii) the Tegra

development system hardware (“Hardware”) included with the Software; and (iii) the documentation,

speciﬁcations, or other information (“Documentation”) provided in connection with the Software and

Hardware (collectively the “Tegra Development System”).

Under no circumstances will the Tegra Development System and any of its related materials,

disclosures, or information be used by Licensee for the purpose of competing with NVIDIA, and

doing so constitutes a material breach of this Agreement.

The following terms and conditions govern Licensee’s use

of any and all Software and Hardware included in the Tegra

Development System:

Scope of Use. Licensee acknowledges and agrees that its use of the Software is solely limited to

Licensee’ use of the Hardware. The Tegra Development System may also include, but is not limited

to, ﬁrmware for use with Tegra (and its derivatives) and reference designs. Licensee shall not

sublicense, rent, lease, loan, timeshare, sell, distribute, disclose, publish, assign or transfer the

Software to any other person or entity. The Tegra Development System must be used solely for the

purpose of testing and / or validating the Tegra Development System in connection with Licensee’s

hardware and / or software which is meant to be shipped attached to the Tegra platform by an end

customer.

Term. This Agreement and the licenses granted hereunder to the Tegra Development System

shall be effective as of the date You ﬁrst use the Tegra Development System (“Effective Date”) and

continue for a period of one (1) year (the “Initial Term”), unless terminated in accordance with the

“Termination” section below. Unless either party notiﬁes the other party of its intent to terminate

this Agreement at least three (3) months prior to the end of the Initial Term or the applicable renewal

period, this Agreement will be automatically renewed for one (1) year renewal periods, provided

however that this Agreement will automatically expire at such time when Licensee no longer intends

to use the the Tegra Development System for the authorized purposes described in this Agreement,

at which time Licensee will comply with the Termination provision.

Termination. Either party may terminate this Agreement for convenience at any time upon ﬁfteen

(15) days prior written notice to the other party. Additionally, NVIDIA may terminate this Agreement

immediately upon written notice for the material breach of Licensee, which material breach is

curable and has remained uncured for a period of thirty (30) days from the date of delivery of written

notice thereof to the other party. Upon the termination or expiration of this Agreement, Licensee

shall (i) immediately cease using the Tegra Development System for any purpose whatsoever; (ii)

immediately return to NVIDIA all Hardware in Licensee’s possession or control; (iii) immediately

destroy or return to NVIDIA all materials belonging to NVIDIA, including without limitation all copies

Summary of content (20 pages)

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TEGRA DEVELOPMENT SYSTEM END USER LICENSE AGREEMENT BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE SOFTWARE (AS DEFINED BELOW) OR TEGRA DEVELOPMENT SYSTEM HARDWARE, THE END USER OF THE TEGRA DEVELOPMENT SYSTEM (“YOU” OR “LICENSEE”) AGREE TO ALL OF THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS.
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of the Tegra Development System then in Licensee’s possession or control; and (iv) certify to NVIDIA in writing that it has done so. These remedies shall be cumulative and in addition to any other remedies available to NVIDIA. Prerelease. The Tegra Development System is provided to you “as is” without any warranties of any kind, and may include pre-release features, capabilities or errata which may not be available or accessible in commercial versions.
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The following terms and conditions govern Licensee’s use of NVIDIA proprietary software and documentation (collectively “NVIDIA Materials”) provided in connection with Licensee’s use of the Tegra Development System: Single Copy License Grant. The NVIDIA Materials are copyrighted and any unauthorized use of any NVIDIA Materials in connection with this Agreement may violate copyright, trademark, and other laws.
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by a written memorandum sent to the receiving party within thirty (30) calendar days of disclosure summarizing the confidential information sufficiently for identification; and (c) the terms and conditions of this Agreement.
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The following terms and conditions govern Licensee’s use of the Android operating system (collectively “Android Materials”) provided solely in connection with Licensee’s use of the Tegra Development System: Licensee agrees that NVIDIA provides the Android Materials pursuant to the terms and conditions of the following license agreement: Copyright (c) 2005-2008, The Android Open Source Project 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44
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59 the Work and Derivative Works thereof. 60 61 “Contribution” shall mean any work of authorship, including 62 the original version of the Work and any modifications or additions 63 to that Work or Derivative Works thereof, that is intentionally 64 submitted to Licensor for inclusion in the Work by the copyright owner 65 or by an individual or Legal Entity authorized to submit on behalf of 66 the copyright owner.
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124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever s
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188 189 END OF TERMS AND CONDITIONS End of this section The following terms and conditions govern Licensee’s use of the Platform Development Kit (collectively “Platform Materials”) provided solely in connection with Licensee’s use of the Tegra Development System: Licensee acknowledges and agrees that Platform Materials contains or uses certain portions of NVIDIA Materials (as defined in this Agreement).
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http://www.libtiff.org/misc.html 8. libpng (For notice purposes only) Platform Materials includes copyrighted third-party software licensed under the terms of the libpng license. All third-party software packages are copyright by their respective authors. Third Party Terms are hereby incorporated into the Agreement by this reference. http://www.libpng.org/pub/png/src/libpng-LICENSE.txt 9.
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Licensee acknowledges and agrees the following third party licensing obligations and/or notices are provided for Licensee’s informational purposes in connection with the (a) Linux Development Kit; and (b) Chromium, as provided solely in connection with Licensee’s use of the Tegra Development System: 1. GNU General Public License 2.0 (For notice purposes only) This product includes copyrighted third-party software licensed under the terms of the GNU General Public License.
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The following terms and conditions govern Licensee’s use of certain software from Xiph.org Foundation (“Software”) provided solely in connection with Licensee’s use of the Tegra Development System: Ogg Vorbis Legal Information Copyright (c) 2002, Xiph.
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The following terms and conditions govern Licensee’s use of Libxml2 software provided solely in connection with Licensee’s use of the Tegra Development System: Except where otherwise noted in the source code (e.g. the files hash.c, list.c and the trio files, which are covered by a similar licence but with different Copyright notices) all the files are: Copyright (C) 1998-2003 Daniel Veillard. All Rights Reserved.
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(b) make commercially reasonable efforts to give such evidence in NVIDIA’s possession, custody or control as is reasonable to Licensee, at Licensee’s request and expense, specifically and reasonably applicable to the Claim; (c) provide Licensee commercially reasonable assistance in the defense thereof, at Licensee’s expense; and (d) give Licensee sole control of the defense thereof and all negotiations for its settlement and compromise, which shall not be finalized without the prior written consent of NVIDI
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6. Microsoft Windows Media Licensee acknowledges the following notice: “This product includes technology owned by Microsoft Corporation and cannot be used or further distributed without a license from Microsoft or a Microsoft affiliate.” 7.
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subject such intellectual property rights to an open source license or scheme in which there is or could be interpreted to be a requirement that as a condition of use, modification and/or distribution, the Adobe Software be: (i) disclosed or distributed in source code form; (ii) licensed for the purpose of making derivative works; or (iii) redistributable at no charge. 8. Effect of Termination.
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Compliance and Certifications The NVIDIA Tegra 3 development system, Model E1290, is compliant with the following regulations: Federal Communications Commission (FCC) Industry Canada (IC, ICES) IECEE CB Scheme (CB) Underwriters Laboratories (UL, cUL) United States Federal Communications Commission (FCC) Tegra 3 Development Tablet, E1290. FCC ID: VOB-E1290A Also contains FCC ID: VOB-P1001A (WWAN) and VOB-NB099HA (WLAN/BT) This device complies with Part 15 of the FCC Rules.
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standards around the world e.g. UL-60950-1.
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assembled before you plug it into a power outlet. Then insert the AC Power Adapter firmly into the power outlet. Do not connect or disconnect the AC Power Adapter with wet hands. • Operate the AC adapter in a ventilated area. • When you’re using the Tegra 3 Developer Tablet or charging the battery, it is normal for the system and/or AC power adapter to get warm. • Do not use conductive tools that could bridge live parts • Do not make mechanical or electrical modifications to the equipment.
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TEGRA DEVELOPMENT SYSTEM END USER LICENSE AGREEMENT 19
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176-0143-000 176-0143-000