Can I legally publish my Fortran 90 wrappers to nVidias CUFFT library (from CUDA SDK)?

Posted by Jakub Narebski on Programmers See other posts from Programmers or by Jakub Narebski
Published on 2011-06-25T17:29:13Z Indexed on 2011/06/26 0:30 UTC
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From a legal standpoint (licensing issues), can I legally in agreement with license publish Fortran 90 wrappers (bindings) to CUFFT library from nVidia CUDA Toolkit, under some open source license (either CC0 i.e. public domain, or some kind of permissive license like BSD). nVidia provides only C bindings with their CUDA SDK.

Header files contain the following text:

/*
 * Copyright 1993-2011 NVIDIA Corporation.  All rights reserved.
 *
 * NOTICE TO LICENSEE:
 *
 * This source code and/or documentation ("Licensed Deliverables") are
 * subject to NVIDIA intellectual property rights under U.S. and
 * international Copyright laws.
 *
 * These Licensed Deliverables contained herein is PROPRIETARY and
 * CONFIDENTIAL to NVIDIA and is being provided under the terms and
 * conditions of a form of NVIDIA software license agreement by and
 * between NVIDIA and Licensee ("License Agreement") or electronically
 * accepted by Licensee.  Notwithstanding any terms or conditions to
 * the contrary in the License Agreement, reproduction or disclosure
 * of the Licensed Deliverables to any third party without the express
 * written consent of NVIDIA is prohibited.

The License.txt file includes the following fragment

Source Code: Developer shall have the right to modify and create derivative works with the Source Code. Developer shall own any derivative works ("Derivatives") it creates to the Source Code, provided that Developer uses the Materials in accordance with the terms and conditions of this Agreement. Developer may distribute the Derivatives, provided that all NVIDIA copyright notices and trademarks are propagated and used properly and the Derivatives include the following statement: "This software contains source code provided by NVIDIA Corporation."

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