7. Ownership and Feedback
7.1 The App, including all intellectual property rights, is and will remain the sole and exclusive property of NVIDIA or its
licensors. NVIDIA reserves all rights, title and interest in and to the App not expressly granted to you under this license.
7.2 When using the App, you may be able to send feedback to NVIDIA including (but not limited to) suggestions, feature
requests, or possible enhancements or modifications to the App. For any feedback you 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.
8. Data Collection
When you choose to send feedback to NVIDIA in accordance with Section 7.2 above, you acknowledge that NVIDIA may
collect system logs from your mobile device, NVIDIA SHIELD TV device, or both to review your feedback and to improve
NVIDIA SHIELD TV products and services. NVIDIA will delete any personal data unintentionally included in your feedback
submission within 30 days. For more details on how NVIDIA uses data you have provided and how NVIDIA protects your
privacy, please visit https://www.nvidia.com/en-us/about-nvidia/privacy-policy/.
9. Governing Law and Dispute Resolution
If you have any complaint about this license or the App, please give NVIDIA a chance to resolve it and contact NVIDIA by U.S.
Mail at NVIDIA Corporation, ATTN: Legal, 2788 San Tomas Expressway, Santa Clara, California, 95051. If NVIDIA is unable to
resolve your dispute and you wish to present it to an authority for decision, you agree to resolve it according to the laws of
the State of Delaware without regard to its conflict of laws rules or principles and submit the dispute to binding arbitration
before an arbitrator from Judicial Mediation and Arbitration Services (“JAMS”) located in Santa Clara County, California under
the Optional Expedited Arbitration Procedures then in effect for JAMS. BY ENTERING INTO THIS LICENSE, YOU AGREE TO
BRING ANY CLAIMS IN YOUR INDIVIDUAL CAPACITY AND YOU WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN
A CLASS ACTION OR OTHER TYPE OF REPRESENTATIVE PROCEEDING. If for any reason this agreement to arbitrate is found
not to apply to a dispute and as a result a dispute proceeds in court rather than in arbitration, any dispute shall be resolved
in the state or federal courts located in Santa Clara County, California.
Nothing in this license shall prevent a party from seeking injunctive or equitable relief from the courts in any jurisdiction to
protect data security, intellectual property rights, or other proprietary rights.
10. Disclaimer of Warranties and Limitations of Liability
1
0.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED "AS IS" AND NVIDIA AND ITS
SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING
TO OR ARISING FROM THE APP, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10.2 Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NVIDIA OR ITS SUPPLIERS
BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, ARISING OUT OF THE
USE OF OR INABILITY TO USE THE APP, EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT WILL NVIDIA’S TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THIS LICENSE EXCEED THE NET AMOUNT
PAID TO NVIDIA FOR YOUR USE OF THE APP, OR US$10.00 IF NVIDIA RECEIVED NO FEES FOR YOUR USE OF THE APP.
11. General
You agree that you will not transfer or assign this license or your rights and obligations by any means or operation of law
without NVIDIA’s written permission.
If NVIDIA needs to contact you about the App or your use of the App, you consent to receive notices by email or through the
software interface and agree that electronic notice 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.
The App is subject to United States export laws and regulations. You agree that you will not ship, transfer or export the App
into any country, or use the App 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 license, 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 App.