Related to https://issues.apache.org/jira/browse/LEGAL-515, I would like to clarify the legal status of binary artifacts created under inclusion of the cudnn.h header file which is subject to the cuDNN SLA.
Among others, the license grants the right to
Distribute those portions of the SDK that are identified in this Agreement as distributable, as incorporated in object code format into a software application that meets the distribution requirements indicated in this Agreement.
The cudnn.h header file is one of the files listed as distributable.
I suspect that creating an compiled object where during the compilation cudnn.h was included amounts to "SDK [is] incorporated in object code format into a software application" and thus makes the resulting object file subject to the SLA.
The license places limitations such as the prohibition to "reverse engineer [...] any portion of the SDK [...]".
Due to the inclusion of the SDK into the object file, I suspect that the SLA "seizes control" of the resulting object file and it's prohibitions may apply.
Please clarify if these assumptions are correct and this license thus is Category X? This is to have a sound foundation to place the further discussion in