Subject: support for nForce 430 ethernet
To: None <tech-pkg@netbsd.org>
From: Emmanuel Dreyfus <manu@netbsd.org>
List: tech-pkg
Date: 01/04/2006 17:16:38
> > It would be nice to have this integrated more tightly in NetBSD. Given
> > that the license prohibits reverse engineering the binary driver, 
> Why is that necessary? The driver interfaces to the nVIDIA binary driver,
> it doesn't replace it.
(snip)
> According to http://www.onthenet.com.au/~q/nvnet/ the driver was
> integrated into DragonFly BSD and FreeBSD. Why can't it be integrated
> into NetBSD, too?

My point is that I'm not sure we can integrate in kernel source a piece
of binary whose license prohibit reverse engineering it.

Also, we'd need to obtain an update to the license from nVidia so that
the Linux/FreeBSD exception become Linux/FreeBSD/NetBSD exception.

Here is the license:

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The installation and use of this software is subject to the following
license terms and conditions:

License For Customer Use of NVIDIA Software 

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") enclosed
herewith, 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. If you
do not agree to the terms of this LICENSE, do not download, install or
use the SOFTWARE.

RECITALS
Use of NVIDIA's products requires three elements: the SOFTWARE, the
hardware on a computer motherboard, and a personal computer. The
SOFTWARE is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The
SOFTWARE is not sold, and instead is only licensed for use, strictly in
accordance with this document. The hardware is protected by various
patents, and is sold, but this agreement does not cover that sale, since
it may not necessarily be sold as a package with the SOFTWARE. This
agreement sets forth the terms and conditions of the SOFTWARE LICENSE
only.

1. DEFINITIONS

1.1 Customer. Customer means the entity or individual that installs or
uses the SOFTWARE.

2. GRANT OF LICENSE

2.1 Rights and Limitations of Grant. NVIDIA hereby grants Customer the
following non-exclusive, non-transferable right to use the SOFTWARE,
with the following limitations:

2.1.1 Rights. Customer may install and use one copy of the SOFTWARE on a
single computer, and except for making one back-up copy of the Software,
may not otherwise copy the SOFTWARE. This LICENSE of SOFTWARE may not be
shared or used concurrently on different computers.

2.1.2 Linux/FreeBSD Exception. Notwithstanding the foregoing terms of
Section 2.1.1, SOFTWARE designed exclusively for use on the Linux
operating system may be copied and redistributed, provided that the
binary files thereof are not modified in any way (except for
uncompressing/compressing files).  SOFTWARE designed exclusively for use
on the Linux Operating system but which has been authorized by NVIDIA
for use on the FreeBSD Operating System may also be copied and
redistributed, provided that the binary files thereof are not modified
in any way (except for unzipping of compressed files).  

2.1.3 Limitations.

No Reverse Engineering. Customer may not reverse engineer, decompile, or
disassemble the SOFTWARE, nor attempt in any other manner to obtain the
source code. 

No Separation of Components. The SOFTWARE is licensed as a single
product. Its component parts may not be separated for use on more than
one computer, nor otherwise used separately from the other parts. 

No Rental. Customer may not rent or lease the SOFTWARE to someone else.

3. TERMINATION

This LICENSE will automatically terminate if Customer fails to comply
with any of the terms and conditions hereof. In such event, Customer
must destroy all copies of the SOFTWARE and all of its component parts.

4. COPYRIGHT

All title and copyrights in and to the SOFTWARE (including but not
limited to all images, photographs, animations, video, audio, music,
text, and other information incorporated into the SOFTWARE), the
accompanying printed materials, and any copies of the SOFTWARE, are
owned by NVIDIA, or its suppliers. The SOFTWARE is protected by
copyright laws and international treaty provisions. Accordingly,
Customer is required to treat the SOFTWARE like any other copyrighted
material, except as otherwise allowed pursuant to this LICENSE and that
it may make one copy of the SOFTWARE solely for backup or archive
purposes.

5. APPLICABLE LAW

This agreement shall be deemed to have been made in, and shall be
construed pursuant to, the laws of the State of California.

6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY

6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
THE SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS DISCLAIM
ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.

6.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NVIDIA OR ITS SUPPLIERS
BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.

7. MISCELLANEOUS 

The United Nations Convention on Contracts for the International Sale of
Goods is specifically disclaimed. If any provision of this LICENSE is
inconsistent with, or cannot be fully enforced under, the law, such
provision will be construed as limited to the extent necessary to be
consistent with and fully enforceable under the law. This agreement is
the final, complete and exclusive agreement between the parties relating
to the subject matter hereof, and supersedes all prior or
contemporaneous understandings and agreements relating to such subject
matter, whether oral or written. Customer agrees that it will not ship,
transfer or export the SOFTWARE into any country, or use the SOFTWARE in
any manner, prohibited by the United States Bureau of Export
Administration or any export laws, restrictions or regulations. This
LICENSE may only be modified in writing signed by an authorized officer
of NVIDIA.

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-- 
Emmanuel Dreyfus
http://hcpnet.free.fr/pubz
manu@netbsd.org