diff --git a/THIRD-PARTY-LICENSES.txt b/THIRD-PARTY-LICENSES.txt new file mode 100644 index 000000000..3cfca88a7 --- /dev/null +++ b/THIRD-PARTY-LICENSES.txt @@ -0,0 +1,5208 @@ +** openpmix; version 5.0.3 -- https://github.com/openpmix/openpmix/ +Most files in this release are marked with the copyrights of the +organizations who have edited them. The copyrights below are in no +particular order and generally reflect members of the Open MPI core +team who have contributed code that may or may not have been ported +to PMIx. Per the terms of that LICENSE, we include the list here. +The copyrights for code used under license from other parties +are included in the corresponding files. + +Copyright (c) 2004-2010 The Trustees of Indiana University and Indiana + University Research and Technology + Corporation. All rights reserved. +Copyright (c) 2004-2010 The University of Tennessee and The University + of Tennessee Research Foundation. All rights + reserved. +Copyright (c) 2004-2010 High Performance Computing Center Stuttgart, + University of Stuttgart. All rights reserved. +Copyright (c) 2004-2008 The Regents of the University of California. + All rights reserved. +Copyright (c) 2006-2010 Los Alamos National Security, LLC. All rights + reserved. +Copyright (c) 2006-2010 Cisco Systems, Inc. All rights reserved. +Copyright (c) 2006-2010 Voltaire, Inc. All rights reserved. +Copyright (c) 2006-2011 Sandia National Laboratories. All rights reserved. +Copyright (c) 2006-2010 Sun Microsystems, Inc. All rights reserved. + Use is subject to license terms. +Copyright (c) 2006-2010 The University of Houston. All rights reserved. +Copyright (c) 2006-2009 Myricom, Inc. All rights reserved. +Copyright (c) 2007-2008 UT-Battelle, LLC. All rights reserved. +Copyright (c) 2007-2019 IBM Corporation. All rights reserved. +Copyright (c) 1998-2005 Forschungszentrum Juelich, Juelich Supercomputing + Centre, Federal Republic of Germany +Copyright (c) 2005-2008 ZIH, TU Dresden, Federal Republic of Germany +Copyright (c) 2007 Evergrid, Inc. All rights reserved. +Copyright (c) 2008 Chelsio, Inc. All rights reserved. +Copyright (c) 2008-2009 Institut National de Recherche en + Informatique. All rights reserved. +Copyright (c) 2007 Lawrence Livermore National Security, LLC. + All rights reserved. +Copyright (c) 2007-2019 Mellanox Technologies. All rights reserved. +Copyright (c) 2006-2010 QLogic Corporation. All rights reserved. +Copyright (c) 2008-2010 Oak Ridge National Labs. All rights reserved. +Copyright (c) 2006-2010 Oracle and/or its affiliates. All rights reserved. +Copyright (c) 2009 Bull SAS. All rights reserved. +Copyright (c) 2010 ARM ltd. All rights reserved. +Copyright (c) 2010-2011 Alex Brick . All rights reserved. +Copyright (c) 2012 The University of Wisconsin-La Crosse. All rights + reserved. +Copyright (c) 2013-2019 Intel, Inc. All rights reserved. +Copyright (c) 2020-2023 Nanook Consulting. All rights reserved +Copyright (c) 2011-2014 NVIDIA Corporation. All rights reserved. +Copyright (c) 2019-2023 Amazon.com, Inc. or its affiliates. All Rights + reserved. +Copyright (c) 2022-2023 Triad National Security, LLC. All rights reserved + + * Package openpmix's source code may be found at: + https://us-east-1-aws- +parallelcluster.s3.amazonaws.com/archives/dependencies/pmix/ + +The following LICENSE pertains to both PMIx and any code ported +from Open MPI. + +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 listed + in this license in the documentation and/or other materials + provided with the distribution. + +- Neither the name of the copyright holders nor the names of its + contributors may be used to endorse or promote products derived from + this software without specific prior written permission. + +The copyright holders provide no reassurances that the source code +provided does not infringe any patent, copyright, or any other +intellectual property rights of third parties. The copyright holders +disclaim any liability to any recipient for claims brought against +recipient by any third party for infringement of that parties +intellectual property rights. + +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. 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The standard + Python license has always applied to the core components of Medusa, + this change just frees up the rest of the system, including the http + server, ftp server, utilities, etc. Medusa is therefore under the + following license: + + ============================== + Permission to use, copy, modify, and distribute this software and + its documentation for any purpose and without fee is hereby granted, + provided that the above copyright notice appear in all copies and + that both that copyright notice and this permission notice appear in + supporting documentation, and that the name of Sam Rushing not be + used in advertising or publicity pertaining to distribution of the + software without specific, written prior permission. + + SAM RUSHING DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, + INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, IN + NO EVENT SHALL SAM RUSHING BE LIABLE FOR ANY SPECIAL, INDIRECT OR + CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS + OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, + NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION + WITH THE USE OR PERFORMANCE OF THIS SOFTWARE. + ============================== + +Some software in this distribution is released under the Zope Public +License (as marked in its file header): + + Zope Public License (ZPL) Version 2.1 + ------------------------------------- + + A copyright notice accompanies this license document that + identifies the copyright holders. + + This license has been certified as open source. 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See later section for a copy +of license text. +Copyright(s): Refer to Sources: + v3.2: https://github.com/shibatch/sleef/tree/3.2 + #84474d8: https://github.com/shibatch/sleef/tree/84474d8 +--------------------------------------------------------------------- +Name: FFTW header v3.3.5 +Summary: FFTW (Fast Fourier Transform in the West) is typically faster than +other publically-available FFT implementations. This is the header file for +FFTW. +Home-page: https://github.com/FFTW/fftw3/blob/master/api/fftw3.h +License(s): BSD 2-clause "Simplified" License BSD-2-Clause). See later section +for a copy of license text. +Copyright(s): Refer to Sources: + https://github.com/FFTW/fftw3/blob/master/api/fftw3.h +--------------------------------------------------------------------- +Name: Netlib LAPACK v3.9.1 +Summary: LAPACK (Linear Algebra PACKage) is written in Fortran 90 and +provides routines for solving systems of simultaneous linear equations, least- +squares solutions of linear systems of equations, eigenvalue problems, and +singular value problems. +Home-page: http://www.netlib.org/lapack/ +License(s): BSD 3-Clause "New" or "Revised" License (BSD-3-Clause). 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See later section for a copy of license text. +Copyright(s): Refer to Sources: + https://github.com/nlohmann/json/tree/v3.1.2 +--------------------------------------------------------------------- +Name: optimized-routines (Arm) v20.11 +Summary: Optimized implementations of various library functions for Arm +architecture processors. +Home-page: https://github.com/ARM-software/optimized-routines +License(s): MIT License (MIT). See later section for a copy of license text. +Copyright(s): Refer to Sources: + https://github.com/ARM-software/optimized-routines/tree/v20.11 +--------------------------------------------------------------------- +Name: Bionic 3de3a5f +Summary: Bionic is the standard C library (including libc, libdl, libm, and +libpthread) developed by Google for its Android operating system. +Home-page: https://android.googlesource.com/platform/bionic/ +License(s): MIT License (MIT). 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This +General Public License applies to most of the Free Software +Foundation's software and to any other program whose authors commit to +using it. (Some other Free Software Foundation software is covered by +the GNU Library General Public License instead.) You can apply it to +your programs, too. + + When we speak of free software, we are referring to freedom, not +price. Our General Public Licenses are designed to make sure that you +have the freedom to distribute copies of free software (and charge for +this service if you wish), that you receive source code or can get it +if you want it, that you can change the software or use pieces of it +in new free programs; and that you know you can do these things. + + To protect your rights, we need to make restrictions that forbid +anyone to deny you these rights or to ask you to surrender the rights. +These restrictions translate to certain responsibilities for you if you +distribute copies of the software, or if you modify it. + + For example, if you distribute copies of such a program, whether +gratis or for a fee, you must give the recipients all the rights that +you have. You must make sure that they, too, receive or can get the +source code. And you must show them these terms so they know their +rights. + + We protect your rights with two steps: (1) copyright the software, and +(2) offer you this license which gives you legal permission to copy, +distribute and/or modify the software. + + Also, for each author's protection and ours, we want to make certain +that everyone understands that there is no warranty for this free +software. If the software is modified by someone else and passed on, we +want its recipients to know that what they have is not the original, so +that any problems introduced by others will not reflect on the original +authors' reputations. + + Finally, any free program is threatened constantly by software +patents. We wish to avoid the danger that redistributors of a free +program will individually obtain patent licenses, in effect making the +program proprietary. To prevent this, we have made it clear that any +patent must be licensed for everyone's free use or not licensed at all. + + The precise terms and conditions for copying, distribution and +modification follow. + + GNU GENERAL PUBLIC LICENSE + TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION + + 0. This License applies to any program or other work which contains +a notice placed by the copyright holder saying it may be distributed +under the terms of this General Public License. The "Program", below, +refers to any such program or work, and a "work based on the Program" +means either the Program or any derivative work under copyright law: +that is to say, a work containing the Program or a portion of it, +either verbatim or with modifications and/or translated into another +language. (Hereinafter, translation is included without limitation in +the term "modification".) Each licensee is addressed as "you". + +Activities other than copying, distribution and modification are not +covered by this License; they are outside its scope. The act of +running the Program is not restricted, and the output from the Program +is covered only if its contents constitute a work based on the +Program (independent of having been made by running the Program). +Whether that is true depends on what the Program does. + + 1. You may copy and distribute verbatim copies of the Program's +source code as you receive it, in any medium, provided that you +conspicuously and appropriately publish on each copy an appropriate +copyright notice and disclaimer of warranty; keep intact all the +notices that refer to this License and to the absence of any warranty; +and give any other recipients of the Program a copy of this License +along with the Program. + +You may charge a fee for the physical act of transferring a copy, and +you may at your option offer warranty protection in exchange for a fee. + + 2. You may modify your copy or copies of the Program or any portion +of it, thus forming a work based on the Program, and copy and +distribute such modifications or work under the terms of Section 1 +above, provided that you also meet all of these conditions: + + a) You must cause the modified files to carry prominent notices + stating that you changed the files and the date of any change. + + b) You must cause any work that you distribute or publish, that in + whole or in part contains or is derived from the Program or any + part thereof, to be licensed as a whole at no charge to all third + parties under the terms of this License. + + c) If the modified program normally reads commands interactively + when run, you must cause it, when started running for such + interactive use in the most ordinary way, to print or display an + announcement including an appropriate copyright notice and a + notice that there is no warranty (or else, saying that you provide + a warranty) and that users may redistribute the program under + these conditions, and telling the user how to view a copy of this + License. (Exception: if the Program itself is interactive but + does not normally print such an announcement, your work based on + the Program is not required to print an announcement.) + +These requirements apply to the modified work as a whole. If +identifiable sections of that work are not derived from the Program, +and can be reasonably considered independent and separate works in +themselves, then this License, and its terms, do not apply to those +sections when you distribute them as separate works. But when you +distribute the same sections as part of a whole which is a work based +on the Program, the distribution of the whole must be on the terms of +this License, whose permissions for other licensees extend to the +entire whole, and thus to each and every part regardless of who wrote it. + +Thus, it is not the intent of this section to claim rights or contest +your rights to work written entirely by you; rather, the intent is to +exercise the right to control the distribution of derivative or +collective works based on the Program. + +In addition, mere aggregation of another work not based on the Program +with the Program (or with a work based on the Program) on a volume of +a storage or distribution medium does not bring the other work under +the scope of this License. + + 3. You may copy and distribute the Program (or a work based on it, +under Section 2) in object code or executable form under the terms of +Sections 1 and 2 above provided that you also do one of the following: + + a) Accompany it with the complete corresponding machine-readable + source code, which must be distributed under the terms of Sections + 1 and 2 above on a medium customarily used for software interchange; or, + + b) Accompany it with a written offer, valid for at least three + years, to give any third party, for a charge no more than your + cost of physically performing source distribution, a complete + machine-readable copy of the corresponding source code, to be + distributed under the terms of Sections 1 and 2 above on a medium + customarily used for software interchange; or, + + c) Accompany it with the information you received as to the offer + to distribute corresponding source code. (This alternative is + allowed only for noncommercial distribution and only if you + received the program in object code or executable form with such + an offer, in accord with Subsection b above.) + +The source code for a work means the preferred form of the work for +making modifications to it. For an executable work, complete source +code means all the source code for all modules it contains, plus any +associated interface definition files, plus the scripts used to +control compilation and installation of the executable. However, as a +special exception, the source code distributed need not include +anything that is normally distributed (in either source or binary +form) with the major components (compiler, kernel, and so on) of the +operating system on which the executable runs, unless that component +itself accompanies the executable. + +If distribution of executable or object code is made by offering +access to copy from a designated place, then offering equivalent +access to copy the source code from the same place counts as +distribution of the source code, even though third parties are not +compelled to copy the source along with the object code. + + 4. You may not copy, modify, sublicense, or distribute the Program +except as expressly provided under this License. Any attempt +otherwise to copy, modify, sublicense or distribute the Program is +void, and will automatically terminate your rights under this License. +However, parties who have received copies, or rights, from you under +this License will not have their licenses terminated so long as such +parties remain in full compliance. + + 5. You are not required to accept this License, since you have not +signed it. However, nothing else grants you permission to modify or +distribute the Program or its derivative works. These actions are +prohibited by law if you do not accept this License. Therefore, by +modifying or distributing the Program (or any work based on the +Program), you indicate your acceptance of this License to do so, and +all its terms and conditions for copying, distributing or modifying +the Program or works based on it. + + 6. Each time you redistribute the Program (or any work based on the +Program), the recipient automatically receives a license from the +original licensor to copy, distribute or modify the Program subject to +these terms and conditions. You may not impose any further +restrictions on the recipients' exercise of the rights granted herein. +You are not responsible for enforcing compliance by third parties to +this License. + + 7. If, as a consequence of a court judgment or allegation of patent +infringement or for any other reason (not limited to patent issues), +conditions are imposed on you (whether by court order, agreement or +otherwise) that contradict the conditions of this License, they do not +excuse you from the conditions of this License. If you cannot +distribute so as to satisfy simultaneously your obligations under this +License and any other pertinent obligations, then as a consequence you +may not distribute the Program at all. For example, if a patent +license would not permit royalty-free redistribution of the Program by +all those who receive copies directly or indirectly through you, then +the only way you could satisfy both it and this License would be to +refrain entirely from distribution of the Program. + +If any portion of this section is held invalid or unenforceable under +any particular circumstance, the balance of the section is intended to +apply and the section as a whole is intended to apply in other +circumstances. + +It is not the purpose of this section to induce you to infringe any +patents or other property right claims or to contest validity of any +such claims; this section has the sole purpose of protecting the +integrity of the free software distribution system, which is +implemented by public license practices. Many people have made +generous contributions to the wide range of software distributed +through that system in reliance on consistent application of that +system; it is up to the author/donor to decide if he or she is willing +to distribute software through any other system and a licensee cannot +impose that choice. + +This section is intended to make thoroughly clear what is believed to +be a consequence of the rest of this License. + + 8. If the distribution and/or use of the Program is restricted in +certain countries either by patents or by copyrighted interfaces, the +original copyright holder who places the Program under this License +may add an explicit geographical distribution limitation excluding +those countries, so that distribution is permitted only in or among +countries not thus excluded. In such case, this License incorporates +the limitation as if written in the body of this License. + + 9. The Free Software Foundation may publish revised and/or new versions +of the General Public License from time to time. Such new versions will +be similar in spirit to the present version, but may differ in detail to +address new problems or concerns. + +Each version is given a distinguishing version number. If the Program +specifies a version number of this License which applies to it and "any +later version", you have the option of following the terms and conditions +either of that version or of any later version published by the Free +Software Foundation. If the Program does not specify a version number of +this License, you may choose any version ever published by the Free Software +Foundation. + + 10. If you wish to incorporate parts of the Program into other free +programs whose distribution conditions are different, write to the author +to ask for permission. For software which is copyrighted by the Free +Software Foundation, write to the Free Software Foundation; we sometimes +make exceptions for this. Our decision will be guided by the two goals +of preserving the free status of all derivatives of our free software and +of promoting the sharing and reuse of software generally. + + NO WARRANTY + + 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY +FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN +OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES +PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED +OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF +MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS +TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE +PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, +REPAIR OR CORRECTION. + + 12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING +WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR +REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, +INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING +OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED +TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY +YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER +PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE +POSSIBILITY OF SUCH DAMAGES. + + END OF TERMS AND CONDITIONS + + How to Apply These Terms to Your New Programs + + If you develop a new program, and you want it to be of the greatest +possible use to the public, the best way to achieve this is to make it +free software which everyone can redistribute and change under these terms. + + To do so, attach the following notices to the program. It is safest +to attach them to the start of each source file to most effectively +convey the exclusion of warranty; and each file should have at least +the "copyright" line and a pointer to where the full notice is found. + + + Copyright (C) + + This program is free software; you can redistribute it and/or modify + it under the terms of the GNU General Public License as published by + the Free Software Foundation; either version 2 of the License, or + (at your option) any later version. + + This program is distributed in the hope that it will be useful, + but WITHOUT ANY WARRANTY; without even the implied warranty of + MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the + GNU General Public License for more details. + + You should have received a copy of the GNU General Public License + along with this program; if not, write to the Free Software + Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 +USA + + +Also add information on how to contact you by electronic and paper mail. + +If the program is interactive, make it output a short notice like this +when it starts in an interactive mode: + + Gnomovision version 69, Copyright (C) year name of author + Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'. + This is free software, and you are welcome to redistribute it + under certain conditions; type `show c' for details. + +The hypothetical commands `show w' and `show c' should show the appropriate +parts of the General Public License. Of course, the commands you use may +be called something other than `show w' and `show c'; they could even be +mouse-clicks or menu items--whatever suits your program. + +You should also get your employer (if you work as a programmer) or your +school, if any, to sign a "copyright disclaimer" for the program, if +necessary. Here is a sample; alter the names: + + Yoyodyne, Inc., hereby disclaims all copyright interest in the program + `Gnomovision' (which makes passes at compilers) written by James Hacker. + + , 1 April 1989 + Ty Coon, President of Vice + +This General Public License does not permit incorporating your program into +proprietary programs. If your program is a subroutine library, you may +consider it more useful to permit linking proprietary applications with the +library. If this is what you want to do, use the GNU Library General +Public License instead of this License. + +/* + * (c) 2002, 2003, 2004 by Jason McLaughlin and Riadh Elloumi + * + * This program is free software; you can redistribute it and/or + * modify it under the terms of the GNU General Public License as + * published by the Free Software Foundation; either version 2 of the + * License, or (at your option) any later version. + * + * This program is distributed in the hope that it will be useful, but + * is provided AS IS, WITHOUT ANY WARRANTY; without even the implied + * warranty of MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, and + * NON-INFRINGEMENT. See the GNU General Public License for more details. + * + * You should have received a copy of the GNU General Public License + * along with this program; if not, write to the Free Software + * Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, + * MA 02110-1301 USA. + * + * In addition, as a special exception, the copyright holders give + * permission to link the code of portions of this program with the + * OpenSSL library under certain conditions as described in each + * individual source file, and distribute linked combinations + * including the two. + * You must obey the GNU General Public License in all respects + * for all of the code used other than OpenSSL. If you modify + * file(s) with this exception, you may extend this exception to your + * version of the file(s), but you are not obligated to do so. If you + * do not wish to do so, delete this exception statement from your + * version. If you delete this exception statement from all source + * files in the program, then also delete it here. + */ + +Certain source files in this program permit linking with the OpenSSL +library (http://www.openssl.org), which otherwise wouldn't be allowed +under the GPL. For purposes of identifying OpenSSL, most source files +giving this permission limit it to versions of OpenSSL having a license +identical to that listed in this file (LICENSE.OpenSSL). It is not +necessary for the copyright years to match between this file and the +OpenSSL version in question. However, note that because this file is +an extension of the license statements of these source files, this file +may not be changed except with permission from all copyright holders +of source files in this program which reference this file. + + + LICENSE ISSUES + ============== + + The OpenSSL toolkit stays under a dual 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. Actually both licenses are BSD-style + Open Source licenses. In case of any license issues related to OpenSSL + please contact openssl-core@openssl.org. + + OpenSSL License + --------------- + +/* ==================================================================== + * Copyright (c) 1998-2001 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.] + */ + +------ + +** stunnel; version 5.67 -- https://www.stunnel.org/ +Copyright (C) 1998-2019 Michal Trojnara + +This program is free software; you can redistribute it and/or modify it under +the terms of the GNU General Public License as published by the Free Software +Foundation; either version 2 of the License, or (at your option) any later +version. + +This program is distributed in the hope that it will be useful, but WITHOUT ANY +WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A +PARTICULAR PURPOSE. See the GNU General Public License for more details. + +You should have received a copy of the GNU General Public License along with +this program; if not, see http://www.gnu.org/licenses. + +Linking stunnel statically or dynamically with other modules is making a +combined work based on stunnel. Thus, the terms and conditions of the GNU +General Public License cover the whole combination. + +In addition, as a special exception, the copyright holder of stunnel gives you +permission to combine stunnel with free software programs or libraries that are +released under the GNU LGPL and with code included in the standard release of +OpenSSL under the OpenSSL License (or modified versions of such code, with +unchanged license). You may copy and distribute such a system following the +terms of the GNU GPL for stunnel and the licenses of the other code concerned. + +Note that people who make modified versions of stunnel are not obligated to +grant this special exception for their modified versions; it is their choice +whether to do so. The GNU General Public License gives permission to release a +modified version without this exception; this exception also makes it possible +to release a modified version which carries forward this exception. + + * Package stunnel's source code may be found at: + https://us-east-1-aws-parallelcluster.s3.amazonaws.com/archives/stunnel + +GNU GENERAL PUBLIC LICENSE +Version 2, June 1991 + +Copyright (C) 1989, 1991 Free Software Foundation, Inc. +51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA + +Everyone is permitted to copy and distribute verbatim copies of this license +document, but changing it is not allowed. + +Preamble + +The licenses for most software are designed to take away your freedom to share +and change it. By contrast, the GNU General Public License is intended to +guarantee your freedom to share and change free software--to make sure the +software is free for all its users. This General Public License applies to most +of the Free Software Foundation's software and to any other program whose +authors commit to using it. (Some other Free Software Foundation software is +covered by the GNU Lesser General Public License instead.) You can apply it to +your programs, too. + +When we speak of free software, we are referring to freedom, not price. Our +General Public Licenses are designed to make sure that you have the freedom to +distribute copies of free software (and charge for this service if you wish), +that you receive source code or can get it if you want it, that you can change +the software or use pieces of it in new free programs; and that you know you can +do these things. + +To protect your rights, we need to make restrictions that forbid anyone to deny +you these rights or to ask you to surrender the rights. These restrictions +translate to certain responsibilities for you if you distribute copies of the +software, or if you modify it. + +For example, if you distribute copies of such a program, whether gratis or for a +fee, you must give the recipients all the rights that you have. You must make +sure that they, too, receive or can get the source code. And you must show them +these terms so they know their rights. + +We protect your rights with two steps: (1) copyright the software, and (2) offer +you this license which gives you legal permission to copy, distribute and/or +modify the software. + +Also, for each author's protection and ours, we want to make certain that +everyone understands that there is no warranty for this free software. If the +software is modified by someone else and passed on, we want its recipients to +know that what they have is not the original, so that any problems introduced by +others will not reflect on the original authors' reputations. + +Finally, any free program is threatened constantly by software patents. We wish +to avoid the danger that redistributors of a free program will individually +obtain patent licenses, in effect making the program proprietary. To prevent +this, we have made it clear that any patent must be licensed for everyone's free +use or not licensed at all. + +The precise terms and conditions for copying, distribution and modification +follow. + +TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION + +0. This License applies to any program or other work which contains a notice +placed by the copyright holder saying it may be distributed under the terms of +this General Public License. The "Program", below, refers to any such program or +work, and a "work based on the Program" means either the Program or any +derivative work under copyright law: that is to say, a work containing the +Program or a portion of it, either verbatim or with modifications and/or +translated into another language. (Hereinafter, translation is included without +limitation in the term "modification".) Each licensee is addressed as "you". + +Activities other than copying, distribution and modification are not covered by +this License; they are outside its scope. The act of running the Program is not +restricted, and the output from the Program is covered only if its contents +constitute a work based on the Program (independent of having been made by +running the Program). Whether that is true depends on what the Program does. + +1. You may copy and distribute verbatim copies of the Program's source code as +you receive it, in any medium, provided that you conspicuously and appropriately +publish on each copy an appropriate copyright notice and disclaimer of warranty; +keep intact all the notices that refer to this License and to the absence of any +warranty; and give any other recipients of the Program a copy of this License +along with the Program. + +You may charge a fee for the physical act of transferring a copy, and you may at +your option offer warranty protection in exchange for a fee. + +2. You may modify your copy or copies of the Program or any portion of it, thus +forming a work based on the Program, and copy and distribute such modifications +or work under the terms of Section 1 above, provided that you also meet all of +these conditions: + + a) You must cause the modified files to carry prominent notices stating +that you changed the files and the date of any change. + + b) You must cause any work that you distribute or publish, that in whole or +in part contains or is derived from the Program or any part thereof, to be +licensed as a whole at no charge to all third parties under the terms of this +License. + + c) If the modified program normally reads commands interactively when run, +you must cause it, when started running for such interactive use in the most +ordinary way, to print or display an announcement including an appropriate +copyright notice and a notice that there is no warranty (or else, saying that +you provide a warranty) and that users may redistribute the program under these +conditions, and telling the user how to view a copy of this License. (Exception: +if the Program itself is interactive but does not normally print such an +announcement, your work based on the Program is not required to print an +announcement.) + +These requirements apply to the modified work as a whole. If identifiable +sections of that work are not derived from the Program, and can be reasonably +considered independent and separate works in themselves, then this License, and +its terms, do not apply to those sections when you distribute them as separate +works. But when you distribute the same sections as part of a whole which is a +work based on the Program, the distribution of the whole must be on the terms of +this License, whose permissions for other licensees extend to the entire whole, +and thus to each and every part regardless of who wrote it. + +Thus, it is not the intent of this section to claim rights or contest your +rights to work written entirely by you; rather, the intent is to exercise the +right to control the distribution of derivative or collective works based on the +Program. + +In addition, mere aggregation of another work not based on the Program with the +Program (or with a work based on the Program) on a volume of a storage or +distribution medium does not bring the other work under the scope of this +License. + +3. You may copy and distribute the Program (or a work based on it, under Section +2) in object code or executable form under the terms of Sections 1 and 2 above +provided that you also do one of the following: + + a) Accompany it with the complete corresponding machine-readable source +code, which must be distributed under the terms of Sections 1 and 2 above on a +medium customarily used for software interchange; or, + + b) Accompany it with a written offer, valid for at least three years, to +give any third party, for a charge no more than your cost of physically +performing source distribution, a complete machine-readable copy of the +corresponding source code, to be distributed under the terms of Sections 1 and 2 +above on a medium customarily used for software interchange; or, + + c) Accompany it with the information you received as to the offer to +distribute corresponding source code. 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The Free Software Foundation may publish revised and/or new versions of the +General Public License from time to time. Such new versions will be similar in +spirit to the present version, but may differ in detail to address new problems +or concerns. + +Each version is given a distinguishing version number. If the Program specifies +a version number of this License which applies to it and "any later version", +you have the option of following the terms and conditions either of that version +or of any later version published by the Free Software Foundation. If the +Program does not specify a version number of this License, you may choose any +version ever published by the Free Software Foundation. + +10. If you wish to incorporate parts of the Program into other free programs +whose distribution conditions are different, write to the author to ask for +permission. For software which is copyrighted by the Free Software Foundation, +write to the Free Software Foundation; we sometimes make exceptions for this. +Our decision will be guided by the two goals of preserving the free status of +all derivatives of our free software and of promoting the sharing and reuse of +software generally. + +NO WARRANTY + +11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE +PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED +IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS +IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT +NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A +PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE +PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF +ALL NECESSARY SERVICING, REPAIR OR CORRECTION. + +12. 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It is safest to attach +them to the start of each source file to most effectively convey the exclusion +of warranty; and each file should have at least the "copyright" line and a +pointer to where the full notice is found. + + one line to give the program's name and an idea of what it does. Copyright +(C) yyyy name of author + + This program is free software; you can redistribute it and/or modify it +under the terms of the GNU General Public License as published by the Free +Software Foundation; either version 2 of the License, or (at your option) any +later version. + + This program is distributed in the hope that it will be useful, but WITHOUT +ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS +FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. + + You should have received a copy of the GNU General Public License along +with this program; if not, write to the Free Software Foundation, Inc., 51 +Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA. Also add information +on how to contact you by electronic and paper mail. + +If the program is interactive, make it output a short notice like this when it +starts in an interactive mode: + + Gnomovision version 69, Copyright (C) year name of author Gnomovision comes +with ABSOLUTELY NO WARRANTY; for details type `show w'. This is free software, +and you are welcome to redistribute it under certain conditions; type `show c' +for details. + +The hypothetical commands `show w' and `show c' should show the appropriate +parts of the General Public License. Of course, the commands you use may be +called something other than `show w' and `show c'; they could even be mouse- +clicks or menu items--whatever suits your program. + +You should also get your employer (if you work as a programmer) or your school, +if any, to sign a "copyright disclaimer" for the program, if necessary. Here is +a sample; alter the names: + + Yoyodyne, Inc., hereby disclaims all copyright interest in the program +`Gnomovision' (which makes passes at compilers) written by James Hacker. + +signature of Ty Coon, 1 April 1989 Ty Coon, President of Vice + +------ + +** MUNGE; version 0.5.15 -- https://github.com/dun/munge/archive/refs/tags/munge-0.5.15.tar.gz +Copyright (C) 2007 Free Software Foundation, Inc. + + * Package MUNGE's source code may be found at: + https://us-east-1-aws- +parallelcluster.s3.amazonaws.com/archives/dependencies/munge + + GNU GENERAL PUBLIC LICENSE + Version 3, 29 June 2007 + + Copyright (C) 2007 Free Software Foundation, Inc. + Everyone is permitted to copy and distribute verbatim copies + of this license document, but changing it is not allowed. + + Preamble + + The GNU General Public License is a free, copyleft license for +software and other kinds of works. + + The licenses for most software and other practical works are designed +to take away your freedom to share and change the works. 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Any attempt otherwise to propagate or modify it is void, and +will automatically terminate your rights under this License (including any +patent licenses granted under the third paragraph of section 11). + +However, if you cease all violation of this License, then your license from a +particular copyright holder is reinstated (a) provisionally, unless and until +the copyright holder explicitly and finally terminates your license, and (b) +permanently, if the copyright holder fails to notify you of the violation by +some reasonable means prior to 60 days after the cessation. + +Moreover, your license from a particular copyright holder is reinstated +permanently if the copyright holder notifies you of the violation by some +reasonable means, this is the first time you have received notice of violation +of this License (for any work) from that copyright holder, and you cure the +violation prior to 30 days after your receipt of the notice. + +Termination of your rights under this section does not terminate the licenses of +parties who have received copies or rights from you under this License. If your +rights have been terminated and not permanently reinstated, you do not qualify +to receive new licenses for the same material under section 10. + +9. Acceptance Not Required for Having Copies. +You are not required to accept this License in order to receive or run a copy of +the Program. Ancillary propagation of a covered work occurring solely as a +consequence of using peer-to-peer transmission to receive a copy likewise does +not require acceptance. However, nothing other than this License grants you +permission to propagate or modify any covered work. These actions infringe +copyright if you do not accept this License. Therefore, by modifying or +propagating a covered work, you indicate your acceptance of this License to do +so. + +10. Automatic Licensing of Downstream Recipients. +Each time you convey a covered work, the recipient automatically receives a +license from the original licensors, to run, modify and propagate that work, +subject to this License. You are not responsible for enforcing compliance by +third parties with this License. + +An “entity transaction” is a transaction transferring control of an +organization, or substantially all assets of one, or subdividing an +organization, or merging organizations. If propagation of a covered work results +from an entity transaction, each party to that transaction who receives a copy +of the work also receives whatever licenses to the work the party’s predecessor +in interest had or could give under the previous paragraph, plus a right to +possession of the Corresponding Source of the work from the predecessor in +interest, if the predecessor has it or can get it with reasonable efforts. + +You may not impose any further restrictions on the exercise of the rights +granted or affirmed under this License. For example, you may not impose a +license fee, royalty, or other charge for exercise of rights granted under this +License, and you may not initiate litigation (including a cross-claim or +counterclaim in a lawsuit) alleging that any patent claim is infringed by +making, using, selling, offering for sale, or importing the Program or any +portion of it. + +11. Patents. +A “contributor” is a copyright holder who authorizes use under this License of +the Program or a work on which the Program is based. The work thus licensed is +called the contributor’s “contributor version”. + +A contributor’s “essential patent claims” are all patent claims owned or +controlled by the contributor, whether already acquired or hereafter acquired, +that would be infringed by some manner, permitted by this License, of making, +using, or selling its contributor version, but do not include claims that would +be infringed only as a consequence of further modification of the contributor +version. For purposes of this definition, “control” includes the right to grant +patent sublicenses in a manner consistent with the requirements of this License. + +Each contributor grants you a non-exclusive, worldwide, royalty-free patent +license under the contributor’s essential patent claims, to make, use, sell, +offer for sale, import and otherwise run, modify and propagate the contents of +its contributor version. + +In the following three paragraphs, a “patent license” is any express agreement +or commitment, however denominated, not to enforce a patent (such as an express +permission to practice a patent or covenant not to sue for patent infringement). +To “grant” such a patent license to a party means to make such an agreement or +commitment not to enforce a patent against the party. + +If you convey a covered work, knowingly relying on a patent license, and the +Corresponding Source of the work is not available for anyone to copy, free of +charge and under the terms of this License, through a publicly available network +server or other readily accessible means, then you must either (1) cause the +Corresponding Source to be so available, or (2) arrange to deprive yourself of +the benefit of the patent license for this particular work, or (3) arrange, in a +manner consistent with the requirements of this License, to extend the patent +license to downstream recipients. “Knowingly relying” means you have actual +knowledge that, but for the patent license, your conveying the covered work in a +country, or your recipient’s use of the covered work in a country, would +infringe one or more identifiable patents in that country that you have reason +to believe are valid. + +If, pursuant to or in connection with a single transaction or arrangement, you +convey, or propagate by procuring conveyance of, a covered work, and grant a +patent license to some of the parties receiving the covered work authorizing +them to use, propagate, modify or convey a specific copy of the covered work, +then the patent license you grant is automatically extended to all recipients of +the covered work and works based on it. + +A patent license is “discriminatory” if it does not include within the scope of +its coverage, prohibits the exercise of, or is conditioned on the non-exercise +of one or more of the rights that are specifically granted under this License. +You may not convey a covered work if you are a party to an arrangement with a +third party that is in the business of distributing software, under which you +make payment to the third party based on the extent of your activity of +conveying the work, and under which the third party grants, to any of the +parties who would receive the covered work from you, a discriminatory patent +license (a) in connection with copies of the covered work conveyed by you (or +copies made from those copies), or (b) primarily for and in connection with +specific products or compilations that contain the covered work, unless you +entered into that arrangement, or that patent license was granted, prior to 28 +March 2007. + +Nothing in this License shall be construed as excluding or limiting any implied +license or other defenses to infringement that may otherwise be available to you +under applicable patent law. + +12. No Surrender of Others’ Freedom. +If conditions are imposed on you (whether by court order, agreement or +otherwise) that contradict the conditions of this License, they do not excuse +you from the conditions of this License. If you cannot convey a covered work so +as to satisfy simultaneously your obligations under this License and any other +pertinent obligations, then as a consequence you may not convey it at all. For +example, if you agree to terms that obligate you to collect a royalty for +further conveying from those to whom you convey the Program, the only way you +could satisfy both those terms and this License would be to refrain entirely +from conveying the Program. + +13. Use with the GNU Affero General Public License. +Notwithstanding any other provision of this License, you have permission to link +or combine any covered work with a work licensed under version 3 of the GNU +Affero General Public License into a single combined work, and to convey the +resulting work. The terms of this License will continue to apply to the part +which is the covered work, but the special requirements of the GNU Affero +General Public License, section 13, concerning interaction through a network +will apply to the combination as such. + +14. Revised Versions of this License. +The Free Software Foundation may publish revised and/or new versions of the GNU +General Public License from time to time. Such new versions will be similar in +spirit to the present version, but may differ in detail to address new problems +or concerns. + +Each version is given a distinguishing version number. If the Program specifies +that a certain numbered version of the GNU General Public License “or any later +version” applies to it, you have the option of following the terms and +conditions either of that numbered version or of any later version published by +the Free Software Foundation. If the Program does not specify a version number +of the GNU General Public License, you may choose any version ever published by +the Free Software Foundation. + +If the Program specifies that a proxy can decide which future versions of the +GNU General Public License can be used, that proxy’s public statement of +acceptance of a version permanently authorizes you to choose that version for +the Program. + +Later license versions may give you additional or different permissions. +However, no additional obligations are imposed on any author or copyright holder +as a result of your choosing to follow a later version. + +15. Disclaimer of Warranty. +THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. +EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER +PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER +EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF +MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE +QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE +DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. + +16. Limitation of Liability. +IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY +COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS +PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, +INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE +THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED +INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE +PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY +HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. + +17. Interpretation of Sections 15 and 16. +If the disclaimer of warranty and limitation of liability provided above cannot +be given local legal effect according to their terms, reviewing courts shall +apply local law that most closely approximates an absolute waiver of all civil +liability in connection with the Program, unless a warranty or assumption of +liability accompanies a copy of the Program in return for a fee. + +GCC RUNTIME LIBRARY EXCEPTION + +Version 3.1, 31 March 2009 + +Copyright (C) 2009 Free Software Foundation, Inc. + +Everyone is permitted to copy and distribute verbatim copies of this +license document, but changing it is not allowed. + +------ + +** MySQL; version 8.0.36 -- https://www.mysql.com/products/community/ +Copyright (c) 1997, 2024, Oracle and/or its affiliates. + + +------ + +** Intel MPI; version 2021.13.1 -- https://www.intel.com/content/www/us/en/developer/articles/tool/oneapi-standalone-components.html#mpi +# Copyright (C) 2006-2020 Intel Corporation. All rights reserved., All Rights +Reserved. +# The source code, information and material ("Material") contained herein is +# owned by Intel Corporation or its suppliers or licensors, and title to such +# Material remains with Intel Corporation or its suppliers or licensors. +# The Material contains proprietary information of Intel or its suppliers and +# licensors. The Material is protected by worldwide copyright laws and treaty +# provisions. No part of the Material may be used, copied, reproduced, modified, +# published, uploaded, posted, transmitted, distributed or disclosed in any way +# without Intel's prior express written permission. No license under any patent, +# copyright or other intellectual property rights in the Material is granted to +# or conferred upon you, either expressly, by implication, inducement, estoppel +# or otherwise. Any license under such intellectual property rights must be +# express and approved by Intel in writing. +# Unless otherwise agreed by Intel in writing, you may not remove or alter this +# notice or any other notice embedded in Materials by Intel or Intel's suppliers +# or licensors in any way. + + +------ + +** setuptools; version 58.1.0 -- https://pypi.org/project/setuptools +Copyright Jason R. Coombs + + * Package setuptools's source code may be found at: + https://us-east-1-aws- +parallelcluster.s3.amazonaws.com/archives/dependencies/PyPi/ + +Copyright Jason R. Coombs + +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. + +------ + +** jsonschema; version 4.21.1 -- https://github.com/python-jsonschema/jsonschema +Copyright (c) 2013 Julian Berman + + * Package jsonschema's source code may be found at: + https://us-east-1-aws- +parallelcluster.s3.amazonaws.com/archives/dependencies/PyPi/ + +MIT License + +Copyright (c) + +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. + +------ + +** efs-utils; version 2.0.4 -- https://github.com/aws/efs-utils +Copyright 2017 Amazon.com, Inc. or its affiliates. + +MIT License + +Copyright 2017 Amazon.com, Inc. or its affiliates. + +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. + +------ + +** tabulate; version 0.8.10 -- https://pypi.org/project/tabulate +Copyright (c) 2011-2020 Sergey Astanin and contributors + + * Package tabulate's source code may be found at: + https://us-east-1-aws- +parallelcluster.s3.amazonaws.com/archives/dependencies/PyPi/ + +Copyright (c) 2011-2020 Sergey Astanin and contributors + +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. + +------ + +** gdrcopy; version 2.4 -- https://github.com/NVIDIA/gdrcopy/tree/v2.4 +Copyright (c) 2014-2021, NVIDIA CORPORATION. All rights reserved. + + * Package gdrcopy's source code may be found at: + https://us-east-1-aws- +parallelcluster.s3.amazonaws.com/archives/dependencies/gdr_copy/ + +Copyright (c) 2014-2021, NVIDIA CORPORATION. All rights reserved. + +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. + +------ + +** pyyaml; version 6.0.1 -- https://pypi.org/project/PyYAML/ +Copyright (c) 2017-2021 Ingy döt Net +Copyright (c) 2006-2016 Kirill Simonov +** chevron; version 0.14.0 -- https://pypi.org/project/chevron/ +Copyright (c) 2014 Noah Morrison + + * Package chevron's source code may be found at: + https://us-east-1-aws- +parallelcluster.s3.amazonaws.com/archives/dependencies/PyPi/ + + * Package pyyaml's source code may be found at: + https://us-east-1-aws- +parallelcluster.s3.amazonaws.com/archives/dependencies/PyPi/ + +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. + +------ + +** libjwt; version 1.15.3 -- https://github.com/openpmix/openpmix +Copyright (C) 2015-2022 Ben Collins + + * Package libjwt's source code may be found at: + https://us-east-1-aws- +parallelcluster.s3.amazonaws.com/archives/dependencies/pmix/ + +Mozilla Public License Version 2.0 +================================== + +1. Definitions +-------------- + +1.1. "Contributor" + means each individual or legal entity that creates, contributes to + the creation of, or owns Covered Software. + +1.2. "Contributor Version" + means the combination of the Contributions of others (if any) used + by a Contributor and that particular Contributor's Contribution. + +1.3. "Contribution" + means Covered Software of a particular Contributor. + +1.4. "Covered Software" + means Source Code Form to which the initial Contributor has attached + the notice in Exhibit A, the Executable Form of such Source Code + Form, and Modifications of such Source Code Form, in each case + including portions thereof. + +1.5. "Incompatible With Secondary Licenses" + means + + (a) that the initial Contributor has attached the notice described + in Exhibit B to the Covered Software; or + + (b) that the Covered Software was made available under the terms of + version 1.1 or earlier of the License, but not also under the + terms of a Secondary License. + +1.6. "Executable Form" + means any form of the work other than Source Code Form. + +1.7. "Larger Work" + means a work that combines Covered Software with other material, in + a separate file or files, that is not Covered Software. + +1.8. "License" + means this document. + +1.9. "Licensable" + means having the right to grant, to the maximum extent possible, + whether at the time of the initial grant or subsequently, any and + all of the rights conveyed by this License. + +1.10. "Modifications" + means any of the following: + + (a) any file in Source Code Form that results from an addition to, + deletion from, or modification of the contents of Covered + Software; or + + (b) any new file in Source Code Form that contains any Covered + Software. + +1.11. "Patent Claims" of a Contributor + means any patent claim(s), including without limitation, method, + process, and apparatus claims, in any patent Licensable by such + Contributor that would be infringed, but for the grant of the + License, by the making, using, selling, offering for sale, having + made, import, or transfer of either its Contributions or its + Contributor Version. + +1.12. "Secondary License" + means either the GNU General Public License, Version 2.0, the GNU + Lesser General Public License, Version 2.1, the GNU Affero General + Public License, Version 3.0, or any later versions of those + licenses. + +1.13. "Source Code Form" + means the form of the work preferred for making modifications. + +1.14. "You" (or "Your") + means an individual or a legal entity exercising rights under this + License. For legal entities, "You" includes any entity that + controls, is controlled by, or is under common control with You. For + purposes of this definition, "control" means (a) the power, direct + or indirect, to cause the direction or management of such entity, + whether by contract or otherwise, or (b) ownership of more than + fifty percent (50%) of the outstanding shares or beneficial + ownership of such entity. + +2. License Grants and Conditions +-------------------------------- + +2.1. Grants + +Each Contributor hereby grants You a world-wide, royalty-free, +non-exclusive license: + +(a) under intellectual property rights (other than patent or trademark) + Licensable by such Contributor to use, reproduce, make available, + modify, display, perform, distribute, and otherwise exploit its + Contributions, either on an unmodified basis, with Modifications, or + as part of a Larger Work; and + +(b) under Patent Claims of such Contributor to make, use, sell, offer + for sale, have made, import, and otherwise transfer either its + Contributions or its Contributor Version. + +2.2. Effective Date + +The licenses granted in Section 2.1 with respect to any Contribution +become effective for each Contribution on the date the Contributor first +distributes such Contribution. + +2.3. Limitations on Grant Scope + +The licenses granted in this Section 2 are the only rights granted under +this License. No additional rights or licenses will be implied from the +distribution or licensing of Covered Software under this License. +Notwithstanding Section 2.1(b) above, no patent license is granted by a +Contributor: + +(a) for any code that a Contributor has removed from Covered Software; + or + +(b) for infringements caused by: (i) Your and any other third party's + modifications of Covered Software, or (ii) the combination of its + Contributions with other software (except as part of its Contributor + Version); or + +(c) under Patent Claims infringed by Covered Software in the absence of + its Contributions. + +This License does not grant any rights in the trademarks, service marks, +or logos of any Contributor (except as may be necessary to comply with +the notice requirements in Section 3.4). + +2.4. Subsequent Licenses + +No Contributor makes additional grants as a result of Your choice to +distribute the Covered Software under a subsequent version of this +License (see Section 10.2) or under the terms of a Secondary License (if +permitted under the terms of Section 3.3). + +2.5. Representation + +Each Contributor represents that the Contributor believes its +Contributions are its original creation(s) or it has sufficient rights +to grant the rights to its Contributions conveyed by this License. + +2.6. Fair Use + +This License is not intended to limit any rights You have under +applicable copyright doctrines of fair use, fair dealing, or other +equivalents. + +2.7. Conditions + +Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted +in Section 2.1. + +3. Responsibilities +------------------- + +3.1. Distribution of Source Form + +All distribution of Covered Software in Source Code Form, including any +Modifications that You create or to which You contribute, must be under +the terms of this License. You must inform recipients that the Source +Code Form of the Covered Software is governed by the terms of this +License, and how they can obtain a copy of this License. You may not +attempt to alter or restrict the recipients' rights in the Source Code +Form. + +3.2. Distribution of Executable Form + +If You distribute Covered Software in Executable Form then: + +(a) such Covered Software must also be made available in Source Code + Form, as described in Section 3.1, and You must inform recipients of + the Executable Form how they can obtain a copy of such Source Code + Form by reasonable means in a timely manner, at a charge no more + than the cost of distribution to the recipient; and + +(b) You may distribute such Executable Form under the terms of this + License, or sublicense it under different terms, provided that the + license for the Executable Form does not attempt to limit or alter + the recipients' rights in the Source Code Form under this License. + +3.3. Distribution of a Larger Work + +You may create and distribute a Larger Work under terms of Your choice, +provided that You also comply with the requirements of this License for +the Covered Software. If the Larger Work is a combination of Covered +Software with a work governed by one or more Secondary Licenses, and the +Covered Software is not Incompatible With Secondary Licenses, this +License permits You to additionally distribute such Covered Software +under the terms of such Secondary License(s), so that the recipient of +the Larger Work may, at their option, further distribute the Covered +Software under the terms of either this License or such Secondary +License(s). + +3.4. Notices + +You may not remove or alter the substance of any license notices +(including copyright notices, patent notices, disclaimers of warranty, +or limitations of liability) contained within the Source Code Form of +the Covered Software, except that You may alter any license notices to +the extent required to remedy known factual inaccuracies. + +3.5. Application of Additional Terms + +You may choose to offer, and to charge a fee for, warranty, support, +indemnity or liability obligations to one or more recipients of Covered +Software. However, You may do so only on Your own behalf, and not on +behalf of any Contributor. You must make it absolutely clear that any +such warranty, support, indemnity, or liability obligation is offered by +You alone, and You hereby agree to indemnify every Contributor for any +liability incurred by such Contributor as a result of warranty, support, +indemnity or liability terms You offer. You may include additional +disclaimers of warranty and limitations of liability specific to any +jurisdiction. + +4. Inability to Comply Due to Statute or Regulation +--------------------------------------------------- + +If it is impossible for You to comply with any of the terms of this +License with respect to some or all of the Covered Software due to +statute, judicial order, or regulation then You must: (a) comply with +the terms of this License to the maximum extent possible; and (b) +describe the limitations and the code they affect. Such description must +be placed in a text file included with all distributions of the Covered +Software under this License. Except to the extent prohibited by statute +or regulation, such description must be sufficiently detailed for a +recipient of ordinary skill to be able to understand it. + +5. Termination +-------------- + +5.1. The rights granted under this License will terminate automatically +if You fail to comply with any of its terms. However, if You become +compliant, then the rights granted under this License from a particular +Contributor are reinstated (a) provisionally, unless and until such +Contributor explicitly and finally terminates Your grants, and (b) on an +ongoing basis, if such Contributor fails to notify You of the +non-compliance by some reasonable means prior to 60 days after You have +come back into compliance. Moreover, Your grants from a particular +Contributor are reinstated on an ongoing basis if such Contributor +notifies You of the non-compliance by some reasonable means, this is the +first time You have received notice of non-compliance with this License +from such Contributor, and You become compliant prior to 30 days after +Your receipt of the notice. + +5.2. If You initiate litigation against any entity by asserting a patent +infringement claim (excluding declaratory judgment actions, +counter-claims, and cross-claims) alleging that a Contributor Version +directly or indirectly infringes any patent, then the rights granted to +You by any and all Contributors for the Covered Software under Section +2.1 of this License shall terminate. + +5.3. In the event of termination under Sections 5.1 or 5.2 above, all +end user license agreements (excluding distributors and resellers) which +have been validly granted by You or Your distributors under this License +prior to termination shall survive termination. + +************************************************************************ +* * +* 6. Disclaimer of Warranty * +* ------------------------- * +* * +* Covered Software is provided under this License on an "as is" * +* basis, without warranty of any kind, either expressed, implied, or * +* statutory, including, without limitation, warranties that the * +* Covered Software is free of defects, merchantable, fit for a * +* particular purpose or non-infringing. The entire risk as to the * +* quality and performance of the Covered Software is with You. * +* Should any Covered Software prove defective in any respect, You * +* (not any Contributor) assume the cost of any necessary servicing, * +* repair, or correction. This disclaimer of warranty constitutes an * +* essential part of this License. No use of any Covered Software is * +* authorized under this License except under this disclaimer. * +* * +************************************************************************ + +************************************************************************ +* * +* 7. Limitation of Liability * +* -------------------------- * +* * +* Under no circumstances and under no legal theory, whether tort * +* (including negligence), contract, or otherwise, shall any * +* Contributor, or anyone who distributes Covered Software as * +* permitted above, be liable to You for any direct, indirect, * +* special, incidental, or consequential damages of any character * +* including, without limitation, damages for lost profits, loss of * +* goodwill, work stoppage, computer failure or malfunction, or any * +* and all other commercial damages or losses, even if such party * +* shall have been informed of the possibility of such damages. This * +* limitation of liability shall not apply to liability for death or * +* personal injury resulting from such party's negligence to the * +* extent applicable law prohibits such limitation. Some * +* jurisdictions do not allow the exclusion or limitation of * +* incidental or consequential damages, so this exclusion and * +* limitation may not apply to You. * +* * +************************************************************************ + +8. Litigation +------------- + +Any litigation relating to this License may be brought only in the +courts of a jurisdiction where the defendant maintains its principal +place of business and such litigation shall be governed by laws of that +jurisdiction, without reference to its conflict-of-law provisions. +Nothing in this Section shall prevent a party's ability to bring +cross-claims or counter-claims. + +9. Miscellaneous +---------------- + +This License represents the complete agreement concerning the subject +matter hereof. If any provision of this License is held to be +unenforceable, such provision shall be reformed only to the extent +necessary to make it enforceable. Any law or regulation which provides +that the language of a contract shall be construed against the drafter +shall not be used to construe this License against a Contributor. + +10. Versions of the License +--------------------------- + +10.1. New Versions + +Mozilla Foundation is the license steward. Except as provided in Section +10.3, no one other than the license steward has the right to modify or +publish new versions of this License. Each version will be given a +distinguishing version number. + +10.2. Effect of New Versions + +You may distribute the Covered Software under the terms of the version +of the License under which You originally received the Covered Software, +or under the terms of any subsequent version published by the license +steward. + +10.3. Modified Versions + +If you create software not governed by this License, and you want to +create a new license for such software, you may create and use a +modified version of this License if you rename the license and remove +any references to the name of the license steward (except to note that +such modified license differs from this License). + +10.4. Distributing Source Code Form that is Incompatible With Secondary +Licenses + +If You choose to distribute Source Code Form that is Incompatible With +Secondary Licenses under the terms of this version of the License, the +notice described in Exhibit B of this License must be attached. + +Exhibit A - Source Code Form License Notice +------------------------------------------- + + This Source Code Form is subject to the terms of the Mozilla Public + License, v. 2.0. If a copy of the MPL was not distributed with this + file, You can obtain one at https://mozilla.org/MPL/2.0/. + +If it is not possible or desirable to put the notice in a particular +file, then You may include the notice in a location (such as a LICENSE +file in a relevant directory) where a recipient would be likely to look +for such a notice. + +You may add additional accurate notices of copyright ownership. + +Exhibit B - "Incompatible With Secondary Licenses" Notice +--------------------------------------------------------- + + This Source Code Form is "Incompatible With Secondary Licenses", as + defined by the Mozilla Public License, v. 2.0. + +------ + +** NICE DCV; version 2023.1-16388 -- https://www.nice-dcv.com/ +© 2020, NICE s.r.l. or its affiliates. All rights reserved. + + * Package NICE DCV's source code may be found at: + https://us-east-1-aws- +parallelcluster.s3.amazonaws.com/archives/dependencies/dcv + +END-USER LICENSE AGREEMENT (EULA) +for NICE Software and Solutions +(Version 8.3) + +This End User License Agreement ("EULA" or "Agreement") contains the terms +and conditions that govern your ("Licensee" or "you" or "your") access to and +use of NICE EnginFrame and NICE DCV (together with any updates or +enhancements, and accompanying documentation, "Software") and NICE DCV Web +Client software development kit ("SDK"). As used in this EULA, "NICE" means +NICE, S.r.l. with principal offices located at Via Milliavacca, 9 - 14100 +Asti - Italy ("NICE IT"), except that if Licensee is located in the United +States, "NICE" means NICE USA LLC, with principal offices at 410 Terry Avenue +North, Seattle, Washington, 98109-5210 ("NICE US"). This EULA supplements +the AWS Customer Agreement posted at aws.amazon.com/agreement or other +agreement with NICE or an affiliate governing your use of NICE services (the +"Customer Agreement"), and unless otherwise defined in this EULA, capitalized +terms will have the same meaning as set forth in the Customer Agreement. + +1. LICENSE TO AND USE OF THE SOFTWARE. The Software may be accessed and used +only in accordance with this EULA and the Customer Agreement, and subject to +these terms: +(a) You are granted a limited, non-transferable, revocable, non-sublicensable +license to install and use the Software for your internal business purposes +only and only in the quantity that you have purchased from NICE or an +authorized reseller of the Software, or to the extent your use has otherwise +been authorized by NICE or Amazon Web Services. +(b) if you requested access to the Software to evaluate its features and +functionality, you are granted a limited, non-transferable, revocable, +non-sublicensable license to install and use the Software for your internal +evaluation and testing purposes only, and only in the quantity that you have +requested from NICE. + +2. BETA PARTICIPATION. NICE may provide Licensee certain features, +technologies, software, and services that are not yet generally available, +including those labeled "beta", "preview", "pre-release", or "experimental" +(each, a "Beta"). Access and use of Betas are subject to any Beta terms +provided by NICE and if there is a conflict between the terms of this Section +and any Beta terms, Beta terms will take precedence. Betas are Software +subject to all the terms and conditions of this EULA. +(a) Licensee agrees not to allow access to or use of any Beta or any related +materials by any third party other than Licensee's employees and contractors +who have a need to use or access in connection with Licensee's internal +evaluation activities and have executed written non-disclosure agreements +obligating them to protect the confidentiality of the Beta and related +materials. +(b) Licensee must comply with all policies and guidelines related to any Beta +as posted on the NICE's website or otherwise made available to Licensee. NICE +may add or modify restrictions, including usage limits related to access to +or use of any Beta or related materials at any time. If requested by NICE, +Licensee will promptly increase or decrease usage to the levels that NICE may +specify. Any service level agreements that Licensee may have for the Software +do not apply to Betas. +(c) Licensee will, when requested by NICE, provide NICE with information +relating to Licensee's access, use, testing, and evaluation of the Beta and +any related Beta Materials, including observations or information regarding +the performance, features, and functionality of the Beta in the form +reasonably requested by NICE ("Test Observations"). NICE will own and may use +and evaluate all Test Observations for its own purposes. All Betas, related +materials, and Test Observations are NICE Confidential Information. Each +individual Beta license will automatically terminate upon the release of a +generally available version of the Beta or upon notice of termination by NICE +which may occur at any time and for any reason. Upon the termination of +Licensee's license to any Beta, Licensee will cease use of the Beta and +immediately return or, if instructed by NICE, destroy all copies of the Beta +and all related materials. NICE does not guarantee that any Beta will ever be +made generally available or that any generally available version will contain +the same or similar functionality as any Beta version made available to +Licensee. +(d) WITHOUT LIMITING ANY DISCLAIMERS HEREIN, BETAS ARE NOT READY FOR GENERAL +COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS OR HARMFUL +COMPONENTS. ACCORDINGLY, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS +EULA OR OTHERWISE, NICE PROVIDES BETAS TO LICENSEE "AS IS." + +3. USE RESTRICTIONS. Your use of the Software is conditioned upon your +compliance with the following limitations: +(a) Licensee will not distribute, rent, lease, lend, loan, transfer, assign, +resell, sublicense, disclose, or otherwise provide the Software to or use the +Software for the benefit of any third party (including acting as a service +bureau or provide of a time sharing service). Notwithstanding the foregoing, +Licensee may permit its third party contractors to use the software for +Licensee's internal business purposes provided that Licensee enters to a +binding agreement with contractor requiring contractor to comply with this +EULA and is solely responsible and liable for any breach of this EULA +including any unauthorized use of the Software by Licensee's contractors. +(b) Licensee will not modify, adapt, translate, alter, tamper with, repair, +or otherwise create derivative works of the Software, subject to Section 10. +(c) Licensee will not decompile, decipher, disassemble, reverse engineer or +otherwise attempt to access or derive source code of the Software, except to +the extent applicable law does not allow this restriction. +(d) Licensee will not attempt to use the Software in excess of any usage +limits and will not attempt to circumvent any technology in or with the +Software that is designed to monitor, restrict, or limit use. Licensee +acknowledges and agrees that the Software (including all evaluation versions) +may require the use of license key or token in order to operate and that +operation of the Software will automatically terminate upon expiration. +(e) Licensee will not remove any proprietary notices or labels on the +Software or any copy thereof. +(f) Licensee requires that each end user before accessing the Software, +agrees to comply with this EULA. +(g) Licensee will not make any use of the Software in any manner not +expressly permitted by this EULA. + +4. INTELLECTUAL PROPERTY. +(a) The Software and SDK (including the related documentation) are owned by +NICE. Licensee acknowledges and agrees that title to the Software and SDK, +including the documentation, and all the copies thereof, including all +industrial and intellectual property rights (including the exclusive rights +of economic exploitation), copyright, trade secrets, and patent rights, +remains with NICE. +(b) Licensee has no obligation to give NICE any suggestions, comments, or +other feedback relating to the Software ("Feedback"). To the extent Licensee +provides Feedback to NICE, NICE may use and exercise any and all rights in +the Feedback without obligation or restriction of any kind during and after +the Term, and Feedback will not be deemed to be confidential information of +Licensee or otherwise create any confidentiality obligation. Licensee agrees +not to provide any Feedback that: (i) Licensee knows is subject to any +patent, copyright or other intellectual property claim or right of any third +party; or (ii) is subject to license terms which seek to require any products +incorporating or derived from the Feedback, or other NICE intellectual +property, to be licensed to or otherwise shared with any third party. + +5. AUDIT. Licensee shall maintain accurate records regarding Licensee's use +of the Software and compliance with this EULA and, upon request, make such +records available to NICE and certify Licensee's compliance with this EULA. +NICE or a third party may examine and audit Licensee's access, use, and +deployment of the Software and verify Licensee's compliance with this EULA. +Any audit will take place during normal business hours on at least 10 days +prior written notice. If Licensee misreported any figure or underpaid any +amount, Licensee will remit to NICE the amount of any underpayment within 10 +days after notification of the discrepancy. If the discrepancy exceeds $1,000 +U.S. dollars or 5% of the total amount purchased or reported by Licensee for +the period audited, then Licensee will reimburse NICE for the reasonable +costs of the audit. + +6. SUPPORT SERVICES. Licensee may be eligible to subscribe to software +support for any or all of the Software (the "Support Services", as described +and regulated under the Standard Support Services for NICE Products terms, +available here +https://www.nice-software.com/html/pdf/NICE_Standard_Support_Services.pdf, as +may be updated). Support Services are subject to and governed by the terms of +this EULA and the Customer Agreement, as is any update or upgrade to the +Software provided by NICE in connection with Support Services. If the Support +Services are terminated, Licensee's license to the Software under this EULA +will continue in accordance with the terms of this EULA. If Support Services +expire or terminate and Licensee later reinstates Support Services, Licensee +shall pay a reinstatement fee equal to 70% of the current annual charge for +Support Services for the period of time when Licensee did not receive Support +Services. The reinstatement fee for any partial year will be a pro rata +portion of the applicable annual fee. + +7. LIMITED WARRANTY. +(a) NICE warrants that the Software will for a period of 60 days from +delivery to the Licensee (the "Warranty Period"), when used in accordance +with NICE's written instructions, operate substantially in compliance with +NICE's official published documentation. NICE's sole responsibility, and +Licensee's exclusive remedy, in the event of breach of the limited warranty +during the Warranty Period, is for NICE, at its option, to use reasonable +efforts to repair the Software, replace the Software, or provide a refund. +NICE shall not be responsible or liable for any noncompliance with the +foregoing warranty or limitations or defects of the Software, if they have +been caused, in whole or in part, by unauthorized behavior of Licensee, any +use of the Software which is inconsistent with the Documentation, any +accident, abuse, or misapplication, and/or if they arise from or are related +to software or any other products which are not supplied by NICE. +(b) DISCLAIMER. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 7(A), THE SOFTWARE +IS PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT +ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, NICE +AND ITS AFFILIATES AND LICENSORS (I) MAKE NO OTHER REPRESENTATIONS OR +WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE +REGARDING THE SOFTWARE, AND (II) DISCLAIM ALL OTHER WARRANTIES, INCLUDING ANY +IMPLIED OR EXPRESS WARRANTIES (A) OF MERCHANTABILITY, SATISFACTORY QUALITY, +FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (B) +ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (C) THAT THE SOFTWARE +WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, AND (D) +THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED. + +8. LIMITATIONS OF LIABILITY. NICE AND ITS AFFILIATES AND LICENSORS WILL NOT +BE LIABLE TO LICENSEE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, +CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, +REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR DATA), EVEN IF A PARTY +HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER NICE +NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY +COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR +INABILITY TO USE THE SOFTWARE, INCLUDING AS A RESULT OF ANY (I) TERMINATION +OR EXPIRATION OF THIS EULA OR YOUR USE OF OR ACCESS TO THE SOFTWARE OR, (II) +ANY ERROR OR UNANTICIPATED INTERUPTION IN THE OPERATION OF THE SOFTWARE FOR +ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) +ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY LICENSEE IN CONNECTION WITH +THIS EULA OR YOUR USE OF OR ACCESS TO THE SOFTWARE; OR (D) ANY UNAUTHORIZED +ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR +FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, NICE AND ITS +AFFILIATES' AND LICENSORS' AGGREGATE LIABILITY UNDER THIS EULA WILL NOT +EXCEED THE AMOUNT LICENSEE ACTUALLY PAID NICE FOR THE SOFTWARE THAT GAVE RISE +TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE. THE LIMITATIONS +IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. + +9. TERM AND TERMINATION. +(a) This EULA is effective upon the earlier of NICE's (i) acceptance of an +order for Software, (ii) delivery of the Software and it will continue until +it expires or terminates ("Term"). +(b) NICE may terminate this EULA at any time and for any reason on 30 days' +prior written notice to Licensee. Your rights under this EULA will +automatically terminate without notice from us if you fail to comply with any +term of this EULA or the Customer Agreement. +(c) Licensee may terminate this EULA at any time by uninstalling or +destroying all copies of the Software that are in your possession or control. +(d) Upon termination or expiration of this EULA, Licensee shall (i) be no +longer entitled to use the Software and documentation, (ii) immediately +remove the Software from all computers on which the Software is installed, +(iii) return to NICE, within 5 days from expiration or termination, all +copies of the Software and documentation (or destroy such materials, as +instructed by NICE) and will certify in writing that all copies or partial +copies of the Software and documentation have been returned to NICE or +destroyed; and (iv) remain responsible and liable for all fees and charges +for the Software that Licensee incurred through the date of termination or +expiration. +(e) If NICE terminates this EULA for convenience under subsection (b) of this +Section, NICE will issue Licensee a prorata credit of any license fees +prepaid by Licensee based a ten year life-span for the Software. +(f) Sections 3-11 inclusive will survive termination of this EULA. + +10. SDK. If you downloaded the SDK, you may use, reproduce, distribute, +publish, and sublicense the SDK, and create derivative works of the SDK and +NICE DCV Web Client solely to the extent those derivative works implement the +NICE DCV Web Client, subject to the following conditions: +(a) You will not remove any proprietary notices or labels on the SDK or any +copy thereof. +(b) You will include this permission notice in all copies or substantial +portions of the SDK. +(c) You require that each end user before accessing the SDK, NICE DCV Web +Client, or any copies, derivative works or substantial portions thereof, +agrees to comply with this EULA. +(d) Some components of the SDK may be governed by third party software +licenses. Your license rights with respect to these individual components are +defined by the applicable third party software licenses, and nothing in this +Agreement will restrict, limit, or otherwise affect any rights or obligations +you may have, or conditions to which you may be subject, under such third +party software licenses. +(e) THE SDK 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 SDK OR THE USE OR OTHER DEALINGS IN THE +SOFTWARE. + +11. GENERAL. +(a) Entire Agreement. This EULA and its incorporation of the Customer +Agreement, along with related documents provided by NICE, represents the +complete and exclusive agreement between the parties with respect to the +subject matter hereof and supersedes all prior agreements, negotiations, and +understandings. NICE will not be bound by, and specifically objects to, any +term, condition or other provision that is different from or in addition to +the provisions of this EULA (whether or not it would materially alter this +EULA) including for example, any term, condition or other provision (i) +submitted by Licensee in any purchase order, receipt, acceptance, +confirmation, correspondence or other document, or (ii) related to any +invoicing process that Licensee submits or require NICE to complete. To the +extent there is any conflict between this EULA and the Customer Agreement, +this EULA prevails. +(b) Assignment. Licensee shall not assign or otherwise transfer this EULA or +any of Licensee's rights or obligations, without our prior written consent. +Any assignment or transfer in violation of this Section will be void. NICE +may assign this EULA without your consent (i) in connection with a merger, +acquisition or sale of all or substantially all of our assets, or (ii) to any +affiliate or as part of a corporate reorganization; and effective upon such +assignment, the assignee is deemed substituted for NICE as a party to this +EULA and NICE is fully released from all of its obligations and duties to +perform under this EULA. Subject to the foregoing, this EULA will be binding +upon, and inure to the benefit of the parties and their respective permitted +successors and assigns. +(c) Governing Law and Dispute Resolution for US Licensees. If NICE US is the +contracting party to this EULA, the laws of the State of Washington, without +reference to conflict of law rules, govern this EULA and any dispute of any +sort that might arise between NICE and Licensee. The United Nations +Convention for the International Sale of Goods does not apply to this EULA. +Any dispute or claim relating in any way to the Software or this EULA will be +adjudicated exclusively in the federal and state courts located in King +County, Washington, and Licensee consents and waives any objections to such +exclusive jurisdiction and venue. Notwithstanding the foregoing, NICE may +seek injunctive (or similar) remedies in any jurisdiction. +(d) Governing Law and Dispute Resolution when Licensees Outside the US. +(i) If NICE IT is the contracting party to this EULA, the laws of the +Republic of Italy, without reference to conflict of law rules, govern this +EULA and any dispute of any sort that might arise between NICE and Licensee. +The United Nations Convention for the International Sale of Goods does not +apply to this EULA. Any dispute or claim relating in any way to the Software +or this EULA will be adjudicated exclusively in the Court of Milan, Italy, +and Licensee consents and waives any objections to such exclusive +jurisdiction and venue. Notwithstanding the foregoing, NICE may seek +injunctive (or similar) remedies in any jurisdiction. +(ii) IF NICE IT IS THE CONTRACTING PARTY, PURSUANT TO AND BY THE EFFECT OF +SECTIONS 1341 AND 1342 OF THE ITALIAN CIVIL CODE, LICENSEE EXPLICITLY +APPROVES THE FOLLOWING CONDITIONS: 3 (USE RESTRICTIONS), 7 (LIMITED +WARRANTY), 8 (LIMITATIONS OF LIABILITY), 9 (TERMINATION), 10 (GENERAL - +INCLUDING GOVERNING LAW, DISPUTE RESOLUTION, CONFIDENTIALITY AND PUBLICITY, +AND MODIFICATIONS TO THE AGREEMENT). +(e) Waiver. The failure by NICE to enforce any provision of this EULA will +not constitute a present or future waiver of such provision nor will it limit +NICE's right to enforce such provision at a later time. All waivers by NICE +must be in writing to be effective. +(f) Severability. If any portion of this Agreement is held to be invalid or +unenforceable, the remaining portions of this Agreement will remain in full +force and effect. Any invalid or unenforceable portions will be interpreted +to effectuate the intent of the original portion. If such construction is not +possible, the invalid or unenforceable portion will be severed from this +Agreement but the rest of the Agreement will remain in full force and effect. +(g) Taxes. Each party will be responsible, as required under applicable law, +for identifying and paying all taxes and other governmental fees and charges +(and any penalties, interest, and other additions thereto) that are imposed +on that party upon or with respect to the transactions and payments under +this EULA. All fees payable by Licensee are exclusive of applicable taxes and +duties, including VAT, Service Tax, GST, excise taxes, sales and transactions +taxes, and gross receipts tax ("Indirect Taxes"). NICE may charge and +Licensee will pay applicable Indirect Taxes that NICE is legally obligated or +authorized to collect from Licensee. Licensee will provide such information +to NICE as reasonably required to determine whether NICE is obligated to +collect Indirect Taxes from Licensee. NICE will not collect, and Licensee +will not pay, any Indirect Tax for which Licensee furnishes NICE a properly +completed exemption certificate or a direct payment permit certificate for +which NICE may claim an available exemption from such Indirect Tax. All +payments made by Licensee to NICE under this EULA will be made free and clear +of any deduction or withholding, as may be required by law. If any such +deduction or withholding (including cross-border withholding taxes) is +required on any payment, Licensee will pay such additional amounts as are +necessary so that the net amount received by NICE is equal to the amount then +due and payable under this EULA. NICE will provide Licensee with such tax +forms as are reasonably requested in order to reduce or eliminate the amount +of any withholding or deduction for taxes in respect of payments made under +this EULA. +(h) Confidentiality And Publicity. Licensee may use NICE Confidential +Information only in connection with Licensee's use of the Software as +permitted under this EULA. Licensee will not disclose NICE Confidential +Information during the Term or at any time after without NICE's advance +written consent. Licensee will take all reasonable measures to avoid +disclosure, dissemination, or unauthorized use of NICE Confidential +Information, including, at a minimum, those measures Licensee takes to +protect its own confidential information of a similar nature. Licensee will +not issue any press release or make any other public communication with +respect to this EULA or your use of the Software. "NICE Confidential +Information" means all nonpublic information disclosed by NICE its +affiliates, business partners or its or their respective employees, +contractors or agents that is designated as confidential or that, given the +nature of the information or circumstances surrounding its disclosure, +reasonably should be understood to be confidential. NICE Confidential +Information does not include any information that: (i) is or becomes publicly +available without breach of this EULA; (ii) can be shown by documentation to +have been known to Licensee at the time of receipt from NICE; (iii) is +received from a third party who did not acquire or disclose the same by a +wrongful or tortious act; or (iv) can be shown by documentation to have been +independently developed by Licensee without reference to NICE Confidential +Information. +(i) Notices. Any notice required or permitted by this EULA to be given to +either party shall be effective upon receipt and shall be given in writing +and sent by overnight courier, facsimile, or first class certified mail with +postage prepaid. Notices to Licensee will be sent to the addresses indicated +in the applicable order for the Software and to the NICE contracting party at +the address in the opening paragraph of this EULA. Receipt shall be presumed +received 5 business days after mailing by first class mail unless the sender +obtains a delivery receipt indicating it was delivered earlier, the next day +if sent by over-night courier, and when confirmation is received if by fax. +In addition, a copy of the notice shall also be given via e-mail to each +party's primary contact. Either party may designate a different address than +that given below by notice to the other party in accordance with this +paragraph. A copy of any notice required or permitted to be sent to NICE +shall also be sent to Amazon.com, Inc. Attn: General Counsel P.O. Box 81226 +Seattle, WA 98108-1226 Fax: (206) 266-7010 E-mail: contracts-legal@amazon.com. +(j) Modifications To The Agreement. NICE may modify this EULA at any time by +posting a revised version on the NICE website (nice-software.com, and any +successor or related site designated by NICE, hereinafter, the "NICE +Website") or by sending a message to the email address then associated with +Licensee's account. Notices of modifications NICE provides by posting on the +NICE Website will be effective upon posting, and notices NICE provides by +email will be effective when NICE sends the email. It is Licensee's +responsibility to keep its email address current. Licensee will be deemed to +have received any email sent to the email address then associated with its +account when NICE sends the email, whether or not Licensee actually receives +the email. By continuing to use the Software after the effective date of any +modifications to this EULA, Licensee agrees to be bound by the modified +terms. It is Licensee's responsibility to check the NICE Website regularly +for modifications to this EULA. +(k) Trade Compliance. In connection with this EULA, Licensee will comply with +all applicable import, re-import, sanctions, anti-boycott, export, and +re-export control laws and regulations, including all such laws and +regulations that apply to a U.S. company, such as the Export Administration +Regulations, the International Traffic in Arms Regulations, and economic +sanctions programs implemented by the Office of Foreign Assets Control. For +clarity, Licensee is solely responsible for compliance related to the manner +in which Licensee chooses to use the Software. Licensee represents and +warrants that Licensee and its financial institutions, or any party that owns +or controls Licensee or its financial institutions, are not subject to +sanctions or otherwise designated on any list of prohibited or restricted +parties, including the lists maintained by the United Nations Security +Council, the US Government (e.g., the US Department of Treasury's Specially +Designated Nationals list and Foreign Sanctions Evaders list and the US +Department of Commerce's Entity List), the European Union or its member +states, or other applicable government authority. +(l) U.S. Government Rights. The Software is provided to the U.S. Government +as "commercial items," "commercial computer software," "commercial computer +software documentation," and "technical data" with the same rights and +restrictions generally applicable to the Software. If you are using the +Software on behalf of the U.S. Government and these terms fail to meet the +U.S. Government's needs or are inconsistent in any respect with federal law, +Licensee will immediately discontinue use of the Software. The terms +"commercial item" "commercial computer software," "commercial computer +software documentation," and "technical data" are defined in the Federal +Acquisition Regulation and the Defense Federal Acquisition Regulation +Supplement. +(m) No Third-Party Beneficiaries. This EULA does not create any third-party +beneficiary rights in any individual or entity that is not a party to this +EULA. + +------ + +** Nvidia Driver; version 550.90.07 -- https://www.nvidia.com/download/index.aspx?lang=en-us +IMPORTANT NOTICE -- READ CAREFULLY: This License For Customer Use of NVIDIA +Software ("LICENSE") is the agreement which governs use of the software of +NVIDIA Corporation and its subsidiaries ("NVIDIA") downloadable herefrom, +including computer software and associated printed materials ("SOFTWARE"). By +downloading, installing, copying, or otherwise using the SOFTWARE, you agree to +be bound by the terms of this LICENSE. 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Any +amendment or waiver under this Agreement shall be in writing and signed by +representatives of both parties. + +------ + +** Nvidia CUDA; version 12-4-1 -- https://developer.nvidia.com/cuda-toolkit +© 2007-2020 NVIDIA Corporation. All rights reserved. + + * Package Nvidia CUDA's source code may be found at: + https://us-east-1-aws- +parallelcluster.s3.amazonaws.com/archives/dependencies/cuda/ + +1.1. License +1.1.1. License Grant + +Subject to the terms of this Agreement, NVIDIA hereby grants you a non- +exclusive, non-transferable license, without the right to sublicense (except as +expressly provided in this Agreement) to: + + Install and use the SDK, + Modify and create derivative works of sample source code delivered in the +SDK, and + Distribute those portions of the SDK that are identified in this Agreement +as distributable, as incorporated in object code format into a software +application that meets the distribution requirements indicated in this +Agreement. + +1.1.2. Distribution Requirements +These are the distribution requirements for you to exercise the distribution +grant: + + Your application must have material additional functionality, beyond the +included portions of the SDK. + The distributable portions of the SDK shall only be accessed by your +application. + The following notice shall be included in modifications and derivative works +of sample source code distributed: “This software contains source code provided +by NVIDIA Corporation.” + Unless a developer tool is identified in this Agreement as distributable, it +is delivered for your internal use only. + The terms under which you distribute your application must be consistent +with the terms of this Agreement, including (without limitation) terms relating +to the license grant and license restrictions and protection of NVIDIA’s +intellectual property rights. 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If you become aware that your authorized users didn’t follow +the terms of this Agreement, you agree to take reasonable steps to resolve the +non-compliance and prevent new occurrences. +1.1.4. Pre-Release SDK + +The SDK versions identified as alpha, beta, preview or otherwise as pre-release, +may not be fully functional, may contain errors or design flaws, and may have +reduced or different security, privacy, accessibility, availability, and +reliability standards relative to commercial versions of NVIDIA software and +materials. Use of a pre-release SDK may result in unexpected results, loss of +data, project delays or other unpredictable damage or loss. + +You may use a pre-release SDK at your own risk, understanding that pre-release +SDKs are not intended for use in production or business-critical systems. + +NVIDIA may choose not to make available a commercial version of any pre-release +SDK. NVIDIA may also choose to abandon development and terminate the +availability of a pre-release SDK at any time without liability. +1.1.5. Updates + +NVIDIA may, at its option, make available patches, workarounds or other updates +to this SDK. Unless the updates are provided with their separate governing +terms, they are deemed part of the SDK licensed to you as provided in this +Agreement. You agree that the form and content of the SDK that NVIDIA provides +may change without prior notice to you. While NVIDIA generally maintains +compatibility between versions, NVIDIA may in some cases make changes that +introduce incompatibilities in future versions of the SDK. +1.1.6. Third Party Licenses + +The SDK may come bundled with, or otherwise include or be distributed with, +third party software licensed by a NVIDIA supplier and/or open source software +provided under an open source license. 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Limitations +The following license limitations apply to your use of the SDK: + + You may not reverse engineer, decompile or disassemble, or remove copyright +or other proprietary notices from any portion of the SDK or copies of the SDK. + Except as expressly provided in this Agreement, you may not copy, sell, +rent, sublicense, transfer, distribute, modify, or create derivative works of +any portion of the SDK. For clarity, you may not distribute or sublicense the +SDK as a stand-alone product. + Unless you have an agreement with NVIDIA for this purpose, you may not +indicate that an application created with the SDK is sponsored or endorsed by +NVIDIA. + You may not bypass, disable, or circumvent any encryption, security, digital +rights management or authentication mechanism in the SDK. + You may not use the SDK in any manner that would cause it to become subject +to an open source software license. As examples, licenses that require as a +condition of use, modification, and/or distribution that the SDK be: + Disclosed or distributed in source code form; + Licensed for the purpose of making derivative works; or + Redistributable at no charge. + Unless you have an agreement with NVIDIA for this purpose, you may not use +the SDK with any system or application where the use or failure of the system or +application can reasonably be expected to threaten or result in personal injury, +death, or catastrophic loss. Examples include use in nuclear, avionics, +navigation, military, medical, life support or other life critical applications. +NVIDIA does not design, test or manufacture the SDK for these critical uses and +NVIDIA shall not be liable to you or any third party, in whole or in part, for +any claims or damages arising from such uses. + You agree to defend, indemnify and hold harmless NVIDIA and its affiliates, +and their respective employees, contractors, agents, officers and directors, +from and against any and all claims, damages, obligations, losses, liabilities, +costs or debt, fines, restitutions and expenses (including but not limited to +attorney’s fees and costs incident to establishing the right of indemnification) +arising out of or related to your use of the SDK outside of the scope of this +Agreement, or not in compliance with its terms. + +1.3. Ownership + + NVIDIA or its licensors hold all rights, title and interest in and to the +SDK and its modifications and derivative works, including their respective +intellectual property rights, subject to your rights under Section 1.3.2. This +SDK may include software and materials from NVIDIA’s licensors, and these +licensors are intended third party beneficiaries that may enforce this Agreement +with respect to their intellectual property rights. + You hold all rights, title and interest in and to your applications and your +derivative works of the sample source code delivered in the SDK, including their +respective intellectual property rights, subject to NVIDIA’s rights under +Section 1.3.1. + You may, but don’t have to, provide to NVIDIA suggestions, feature requests +or other feedback regarding the SDK, including possible enhancements or +modifications to the SDK. For any feedback that you voluntarily provide, you +hereby grant NVIDIA and its affiliates a perpetual, non-exclusive, worldwide, +irrevocable license to use, reproduce, modify, license, sublicense (through +multiple tiers of sublicensees), and distribute (through multiple tiers of +distributors) it without the payment of any royalties or fees to you. NVIDIA +will use feedback at its choice. NVIDIA is constantly looking for ways to +improve its products, so you may send feedback to NVIDIA through the developer +portal at https://developer.nvidia.com. + +1.4. No Warranties + +THE SDK IS PROVIDED BY NVIDIA “AS IS” AND “WITH ALL FAULTS.” TO THE MAXIMUM +EXTENT PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL +WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, +INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A +PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THE ABSENCE OF ANY DEFECTS +THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE ON THE BASIS OF TRADE +USAGE, COURSE OF DEALING OR COURSE OF TRADE. +1.5. Limitation of Liability + +TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES SHALL NOT BE +LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY +LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COSTS OF +PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THIS +AGREEMENT OR THE USE OR PERFORMANCE OF THE SDK, WHETHER SUCH LIABILITY ARISES +FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT +(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY +OF LIABILITY. IN NO EVENT WILL NVIDIA’S AND ITS AFFILIATES TOTAL CUMULATIVE +LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED US$10.00. THE NATURE OF +THE LIABILITY OR THE NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR EXTEND THIS +LIMIT. + +These exclusions and limitations of liability shall apply regardless if NVIDIA +or its affiliates have been advised of the possibility of such damages, and +regardless of whether a remedy fails its essential purpose. These exclusions and +limitations of liability form an essential basis of the bargain between the +parties, and, absent any of these exclusions or limitations of liability, the +provisions of this Agreement, including, without limitation, the economic terms, +would be substantially different. +1.6. Termination + + This Agreement will continue to apply until terminated by either you or +NVIDIA as described below. + If you want to terminate this Agreement, you may do so by stopping to use +the SDK. + NVIDIA may, at any time, terminate this Agreement if: + (i) you fail to comply with any term of this Agreement and the non- +compliance is not fixed within thirty (30) days following notice from NVIDIA (or +immediately if you violate NVIDIA’s intellectual property rights); + (ii) you commence or participate in any legal proceeding against NVIDIA +with respect to the SDK; or + (iii) NVIDIA decides to no longer provide the SDK in a country or, in +NVIDIA’s sole discretion, the continued use of it is no longer commercially +viable. + Upon any termination of this Agreement, you agree to promptly discontinue +use of the SDK and destroy all copies in your possession or control. Your prior +distributions in accordance with this Agreement are not affected by the +termination of this Agreement. Upon written request, you will certify in writing +that you have complied with your commitments under this section. Upon any +termination of this Agreement all provisions survive except for the license +grant provisions. + +1.7. General + +If you wish to assign this Agreement or your rights and obligations, including +by merger, consolidation, dissolution or operation of law, contact NVIDIA to ask +for permission. Any attempted assignment not approved by NVIDIA in writing shall +be void and of no effect. NVIDIA may assign, delegate or transfer this Agreement +and its rights and obligations, and if to a non-affiliate you will be notified. + +You agree to cooperate with NVIDIA and provide reasonably requested information +to verify your compliance with this Agreement. + +This Agreement will be governed in all respects by the laws of the United States +and of the State of Delaware as those laws are applied to contracts entered into +and performed entirely within Delaware by Delaware residents, without regard to +the conflicts of laws principles. The United Nations Convention on Contracts for +the International Sale of Goods is specifically disclaimed. You agree to all +terms of this Agreement in the English language. + +The state or federal courts residing in Santa Clara County, California shall +have exclusive jurisdiction over any dispute or claim arising out of this +Agreement. Notwithstanding this, you agree that NVIDIA shall still be allowed to +apply for injunctive remedies or an equivalent type of urgent legal relief in +any jurisdiction. + +If any court of competent jurisdiction determines that any provision of this +Agreement is illegal, invalid or unenforceable, such provision will be construed +as limited to the extent necessary to be consistent with and fully enforceable +under the law and the remaining provisions will remain in full force and effect. +Unless otherwise specified, remedies are cumulative. + +Each party acknowledges and agrees that the other is an independent contractor +in the performance of this Agreement. + +The SDK has been developed entirely at private expense and is “commercial items” +consisting of “commercial computer software” and “commercial computer software +documentation” provided with RESTRICTED RIGHTS. Use, duplication or disclosure +by the U.S. Government or a U.S. Government subcontractor is subject to the +restrictions in this Agreement pursuant to DFARS 227.7202-3(a) or as set forth +in subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted +Rights clause at FAR 52.227-19, as applicable. Contractor/manufacturer is +NVIDIA, 2788 San Tomas Expressway, Santa Clara, CA 95051. + +The SDK is subject to United States export laws and regulations. You agree that +you will not ship, transfer or export the SDK into any country, or use the SDK +in any manner, prohibited by the United States Bureau of Industry and Security +or economic sanctions regulations administered by the U.S. Department of +Treasury’s Office of Foreign Assets Control (OFAC), or any applicable export +laws, restrictions or regulations. These laws include restrictions on +destinations, end users and end use. By accepting this Agreement, you confirm +that you are not a resident or citizen of any country currently embargoed by the +U.S. and that you are not otherwise prohibited from receiving the SDK. + +Any notice delivered by NVIDIA to you under this Agreement will be delivered via +mail, email or fax. You agree that any notices that NVIDIA sends you +electronically will satisfy any legal communication requirements. Please direct +your legal notices or other correspondence to NVIDIA Corporation, 2788 San Tomas +Expressway, Santa Clara, California 95051, United States of America, Attention: +Legal Department. + +This Agreement and any exhibits incorporated into this Agreement constitute the +entire agreement of the parties with respect to the subject matter of this +Agreement and supersede all prior negotiations or documentation exchanged +between the parties relating to this SDK license. Any additional and/or +conflicting terms on documents issued by you are null, void, and invalid. Any +amendment or waiver under this Agreement shall be in writing and signed by +representatives of both parties.