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- SOFTWARE USE AND DISTRIBUTION LICENSE AGREEMENT
-
- IMPORTANT: By opening this package or installing, distributing or using
- the Software, you agree to the terms of this Agreement. Do not open this
- package until you have carefully read and agreed to the following terms and
- conditions. If you do not agree to the terms of this Agreement, promptly
- return the unopened package.
-
- Please Also Note:
- - If you are an OEM, the complete LICENSE AGREEMENT applies
- - If you are an End-User, Exhibit A, the INTEL LICENSE AGREEMENT, applies
-
- Subject to the terms of this Agreement, Intel grants You the right to copy
- and distribute the enclosed software ("Software"):
- 1.1 LIMITED COPYRIGHT LICENSE: Subject to the terms of this Agreement,
- Intel grants to You a nonexclusive, nontransferable, worldwide,
- fully paid-up license under Intel copyrights to:
- a) reproduce Software internally for Your own development and
- maintenance purposes; and
- b) reproduce and distribute Software to Your end-users, but
- only under a license agreement with terms at least as
- restrictive as those contained in Intel's End-User License
- Agreement, attached as Exhibit A; and
- c) modify, copy and distribute the end-user documentation
- which may accompany the Software.
- 1.2 You shall not otherwise assign, sublicense, lease, or in any other
- way transfer or disclose Software to any third party.
- 1.3 You shall not reverse- compile, disassemble or otherwise
- reverse-engineer the Software.
- 1.4 If You are not the final manufacturer or vendor of a computer
- system incorporating the Software, then You may transfer a copy of
- the Software (and related end-user documentation) to Your recipient
- for use in accordance with the terms of this Agreement, provided
- such recipient agrees to be bound by the terms hereof.
- 1.5 Except as stated in this Section 1, no license or right is granted
- to You directly or by implication, estoppel or otherwise.
-
- 2. ADDITIONAL CONDITIONS
- 2.1 Software and all copies of each are and will remain the property of
- Intel or its suppliers. You will reproduce and include all
- copyright, proprietary information notices, or other notices
- appearing on Software on all copies.
- 2.2 If You distribute Software to the U.S. Government or contractor, You
- must include the following legend on the distributed copies):
- "Use, duplication, and disclosure by the Government is subject to
- restrictions set forth in FAR 52.227-14, DFARS 252.227-7013 or
- their successors."
-
- 3. CONFIDENTIALITY
- 3.1 If You wish to have a third party consultant or subcontractor
- ("Contractor") perform work which involves access to Software, You
- shall obtain a written confidentiality agreement from the
- Contractor which contains terms and obligations with respect to
- Software no less restrictive than those set forth in this Agreement
- and excluding any distribution rights.
- 3.2 You may not disclose the terms or existence of this Agreement or
- use Intel's name in any publications, advertisements, or other
- announcements without Intel's prior written consent. You do not
- have any rights to use Intel's trademarks.
-
- 4. AUDIT RIGHTS
- Intel shall have the right to inspect or have an independent
- auditor inspect Your relevant records to verify Your compliance
- with the terms and conditions of this Agreement.
-
- 5. LIMITED WARRANTY AND DISCLAIMERS
- 5.1 IF THE MEDIUM ON WHICH THE SOFTWARE IS PROVIDED IS FOUND TO BE
- DEFECTIVE WITHIN NINETY (90) DAYS OF INTEL'S DELIVERY, INTEL WILL
- REPLACE IT.
- 5.2 EXCEPT FOR SECTION 5.1 ABOVE, INTEL MAKES NO WARRANTY OF ANY
- KIND REGARDING THE SOFTWARE. THE SOFTWARE IS LICENSED TO YOU ON
- AN "AS IS" BASIS AND INTEL WILL NOT PROVIDE ANY SUPPORT,
-
- ASSISTANCE, INSTALLATION, TRAINING OR OTHER SERVICES. INTEL WILL
- NOT PROVIDE ANY UPDATES, ENHANCEMENTS OR EXTENSIONS. INTEL
- SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
- NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
- 5.3 NO LIABILITY: INTEL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
- SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE OF ANY KIND, INCLUDING
- BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF USE, OR LOSS OF DATA,
- ARISING UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF
- SUCH DAMAGES.
- 5.4 NO INDEMNIFICATION. The Software is provided "AS IS", and Intel
- specifically disclaims any warranty or representation that use of the Software
- will not infringe any intellectual property rights of any third party.
-
- 6. TERM AND TERMINATION
- 6.1 You may terminate this Agreement and the license granted herein at
- any time by notifying Intel in writing. If You fail to abide by the material
- provisions of this Agreement, Intel may immediately terminate this Agreement
- by written notice to You. Intel's right to terminate is in addition to any
- other rights Intel may have.
- 6.2 If this Agreement is terminated for any reason, You will cease
- distribution of Software copies and within thirty (30) days following
- termination, either return to Intel or destroy all copies of Software and
- certify to Intel that they have been destroyed.
-
- 7. GENERAL
- 7.1 This Agreement shall be governed by the laws of the United States and
- the State of Delaware excluding its conflict of laws provisions.
- 7.2 The Software may be controlled for export purposes by the U.S.
- Government. You will not export, either directly or indirectly, any Software
- without Intel's prior consent and without first obtaining any required
- license or other approval from the U.S. Department of Commerce or any other
- agency or department of the United States Government as required.
- 7.3 This is the entire agreement between You and Intel relating to this
- subject matter, and no amendments or modifications will be effective unless
- in a writing signed by authorized representatives of both parties.
- 7.4 You may not assign this Agreement or any part of it except with Intel's
- prior written consent.
-
-
-
- EXHIBIT A
-
- INTEL LICENSE AGREEMENT
-
- IMPORTANT: By opening this package or installing or using the Software, you
- agree to the terms of this Agreement. Do not open this package until you have
- carefully read and agreed to the following terms and conditions. If you do
- not agree to the terms of this Agreement, promptly return the unopened package.
-
- LICENSE: Intel grants you the right to copy the software on the enclosed disc
- ("Software") onto a single computer for Your internal use. You will not use,
- copy, modify, sell or transfer any part of the Software except as provided in
- this Agreement. Other rights may be granted to you in writing inside the
- package.
-
- RESTRICTIONS: Except as specifically permitted in writing, you shall not:
- 1. Copy the Software except as provided in this Agreement.
- 2. Sublicense or permit simultaneous use of the Software by more than one user.
- 3. Distribute, transfer or otherwise provide the software to a third party
- except as provided in this Agreement.
- 4. Reverse engineer, decompile, or disassemble the Software.
-
- OWNERSHIP AND COPYRIGHT OF SOFTWARE: Title to the Software and all copies
- thereof remain with Intel or its suppliers. The Software is copyrighted and
- is protected by United States copyright laws and international treaty
- provisions. You will not remove the copyright notice from the Software. You
- agree to prevent any unauthorized copying of the Software. Except as expressly
- provided herein, Intel does not grant any express or implied right to you under
- Intel patents, copyrights, trademarks, or trade secret information.
-
- LIMITATION OF LIABILITY: THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS
- OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF
- MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR
- PURPOSE. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE FOR ANY
- DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
- LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION,) ARISING
- OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INTEL HAS
- BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
- JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR
- CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
- APPLY TO YOU.
-
- TRANSFER: You may transfer the Software if the recipient agrees to the terms
- of this Agreement and you retain no full or partial copies of the Software and
- accompanying documentation on any media. Transfer of the license ends Your
- right to use the Software.
-
- U.S. GOVERNMENT RESTRICTED RIGHTS: The Software and documentation are provided
- with "RESTRICTED RIGHTS." Use, duplication or disclosure by the Government
- is subject to restrictions as set forth in FAR52.227- 14 and DFAR252.227-7013
- et seq. or its successor. Use of this Software by the Government constitutes
- acknowledgment of Intel's proprietary rights in the Software.
-
- APPLICABLE LAWS: This Agreement is governed by the laws of the state of
- Delaware and the U.S.A. You may not export the Software in violation of U.S.
- export laws and regulations.
-
-
-