NVIDIA GeForce Graphics Driver for Windows® 10 64-bit & Windows 11* for Intel® NUC 11 Enthusiast Kit & Mini PC – NUC11PHKi7

1. DEFINITIONS.

1.1 “Including” , and its variants, means including but not limited to, whether or not capitalized.

1.2 “Intel Components” means a hardware component or product designed, developed, sold, or distributed by Intel.

1.3 “Materials” means software, hardware description language code, or other computer files, information or collateral Intel delivers to you under this Agreement.

1.4 “You” or “Your” means you or you and your employer and its affiliates, whether or not capitalized.

1.5 “Your Products” means product developed or to be developed by or for you that includes an Intel Component implementing or executing Material.

2. LICENSES.

2.1 License.Subject to the terms of this Agreement, Intel grants to You, for the Term, a personal, limited, non-transferable, nonexclusive, worldwide, revocable, fully paid-up license under Intel’s intellectual property rights in the Material, without the right to sublicense, to: a) develop Your Product; b) modify Material delivered as source code (or its equivalent); and c) distribute Material, as delivered by Intel or as modified by You, as object code (or its equivalent), in Your Product, provided Your distribution is subject to terms and conditions consistent with Your rights and obligations under this Agreement

2.2 Subcontractor. .You may disclose Material to your subcontractor for its work on Your Product under an agreement preventing the subcontractor from disclosing Material to others. You will be liable for the acts or omissions of your subcontractor, including unauthorized disclosure of confidential information.

2.3 Restrictions. . Except as authorized above, you will not: (a) use or modify Material in any other way; (b) reverse engineer, decompile, or disassemble Material provided as object code (except as required by applicable law or under an applicable open source license), or (c) use Material to violate or aid in the violation of any international human right.

2.4 No Implied License. Except for the express license in Section 2.1 Intel does not grant you (i) any express or implied license under any legal theory, or (ii) or any license to make, have made, use, sell, offer for sale, import, or otherwise dispose of any Intel technology or third-party products, or perform any patented process, even if referenced in the Material. Any other licenses from Intel require additional consideration. Nothing in this Agreement requires Intel to grant any additional license.

2.5 Feedback.If you give Intel comments or suggestions related

to Intel Components or Intel confidential information provided in connection with this Agreement, including Material, Intel can use them in any way and disclose them to anyone, without payment or other obligations to you

2.6 Open Source Licenses. The Material may include software subject to an open source license, including Open Source Initiative approved licenses (http://www.opensource.org). Nothing in this Agreement limits or grants any rights under, or that supersede, the terms of any applicable open source license.

2.6 Third-Party Software Your use of certain third-party software with or within the Material is subject to your compliance with licensing you obtain directly from that third-party. A listing of any such third-party software may accompany the Material.

3 CONFIDENTIALITY The terms of this Agreement and the Material are Intel confidential information and subject to your valid corporate non-disclosure agreement with Intel (CNDA). Except as authorized in Section 2.1, you must not disclose this information to anyone, including the U.S. government. This Agreement will not become effective, or will automatically terminate, in the absence of a CNDA. This Agreement will take precedence in the event of a conflict with the CNDA.

4. OWNERSHIP. Ownership of the Material and related intellectual property rights is unchanged. You must maintain all copyright or other proprietary notices in the Material.

5. NO WARRANTY. The Material is provided “as is,” without any express or implied warranty of any kind including warranties of merchantability, non-infringement, title, or fitness for a particular purpose. The Material may be pre-release and may not be fully functional. Intel is not required to maintain, update, or support any Material.

6 LIMITATION ON LIABILITY. Your use of Material is at your own risk. Intel will not be liable to you under any legal theory for any losses or damages in connection with the Material or your use of Material, including consequential damages, even if the possibility of damages was foreseeable or known. If any liability is found, Intel’s total, cumulative liability to you for all claims arising from or related to this Agreement will not exceed $100.00 U.S. These liability limitations are a fundamental basis of our bargain and Intel would not have entered into this Agreement without them.

7. INDEMNITY. You will indemnify, defend, and hold Intel harmless from any allegation against Intel arising in connection with your use of Material and you will pay all of Intel’s losses, liabilities, and costs (including reasonable attorneys’ fees) arising from the allegation.

8 PRIVACY; DATA COLLECTION.

8.1 Privacy. Intel’s Privacy Notice governs how Intel may process personal information related to your use of Material (see https://www.intel.com/privacy). Intel may collect identifying