Distribution license usage about CuDNN

Good afternoon team,

I have a license question regarding compliance for CuDNN from one of our customers. They sent us this CUDNN software license agreement and they asked us about the following use case:

The customer develops a solution and is interested in selling and distributing their own software based on CuDNN, which uses libcudnn and is included in the solution.

Must the customer take something into consideration into this scenario? At the end, he will like to keep the simplest for the customer to install/use while not releasing any source.

Thanks and best regards,
Alvaro.

The main points in plain language (cf. 3.1. CUDNN DISTRIBUTION of Chapter 3. Supplement to Software License Agreement):

  • The customer gets a license to
    redistribute the runtime files (.so,
    .h) solely in binary form.
  • The customer must include with the
    distributed application the software
    copyright notices indicating Nvidia’s
    ownership of the cuDNN parts.
  • The customer must have a license terms
    document with the final customer that
    passes down the relevant terms of the cuDNN SLA that, among others, must include terms relating
    to the license grant and license
    restrictions, confidentiality and
    protection of Nvidias IP to the
    cuDNN.
  • In general, the customer should review the SLA to make sure that he is in line with all the
    terms.

Customers are adivsed to check the terms of the cuDNN SLA and, if in doubt, get legal advice.