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- TERMS AND CONDITIONS
- IMPORTANT - PLEASE READ BEFORE INSTALLING OR USING THIS INTEL(C) SOFTWARE
-
- Do not use or load this firmware (the "Software") until you have carefully read
- the following terms and conditions. By loading or using the Software, you agree
- to the terms of this Agreement. If you do not wish to so agree, do not install
- or use the Software.
-
- LICENSEES:
-
- Please note:
-
- * If you are an End-User, only Exhibit A, the SOFTWARE LICENSE AGREEMENT,
- applies.
- * If you are an Original Equipment Manufacturer (OEM), Independent Hardware
- Vendor (IHV), or Independent Software Vendor (ISV), this complete Agreement
- applies
-
- --------------------------------------------------------------------------------
-
- For OEMs, IHVs, and ISVs:
-
- LICENSE. This Software is licensed for use only in conjunction with Intel
- component products. Use of the Software in conjunction with non-Intel component
- products is not licensed hereunder. Subject to the terms of this Agreement,
- Intel grants to you a nonexclusive, nontransferable, worldwide, fully paid-up
- license under Intel's copyrights to: (i) copy the Software internally for your
- own development and maintenance purposes; (ii) copy and distribute the Software
- to your end-users, but only under a license agreement with terms at least as
- restrictive as those contained in Intel's Final, Single User License Agreement,
- attached as Exhibit A; and (iii) modify, copy and distribute the end-user
- documentation which may accompany the Software, but only in association with
- the Software.
-
- If you are not the final manufacturer or vendor of a computer system or software
- program incorporating the Software, then you may transfer a copy of the
- Software, including any related documentation (modified or unmodified) to your
- recipient for use in accordance with the terms of this Agreement, provided such
- recipient agrees to be fully bound by the terms hereof. You shall not otherwise
- assign, sublicense, lease, or in any other way transfer or disclose Software to
- any third party. You may not, nor may you assist any other person or entity to
- modify, translate, convert to another programming language, decompile, reverse
- engineer, or disassemble any portion of the Software or otherwise attempt to
- derive source code from any object code modules of the Software or any internal
- data files generated by the Software. Your rights to redistribute the Software
- shall be contingent upon your installation of this Agreement in its entirety in
- the same directory as the Software.
-
- CONFIDENTIALITY. If you wish to have a third party consultant or subcontractor
- ("Contractor") perform work on your behalf which involves access to or use of
- Software, you shall obtain a written confidentiality agreement from the
- Contractor which contains provisions with respect to access to or use of the
- Software no less restrictive than those set forth in this Agreement and
- excluding any distribution rights, and use for any other purpose. Except as
- expressly provided herein, you shall 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 any Intel trademarks or logos.
-
- OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Software and accompanying materials, if
- any, are owned by Intel or its suppliers and licensors and may be protected by
- copyright, trademark, patent and trade secret law and international treaties.
- Any rights, express or implied, in the intellectual property embodied in the
- foregoing, other than those specified in this Agreement, are reserved by Intel
- and its suppliers and licensors or otherwise as set forth in any applicable
- open source license agreement. You will keep the Software free of liens,
- attachments, and other encumbrances. You agree not to remove any proprietary
- notices and/or any labels from the Software and accompanying materials without
- prior written approval by Intel
-
- LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS AND LICENSORS
- BE LIABLE FOR ANY DAMAGES WHATSOEVER FROM ANY CAUSE OF ACTION OF ANY KIND
- (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST
- INFORMATION) ARISING OUT OF THE USE, MODIFICATION, OR INABILITY TO USE THE
- INTEL SOFTWARE, OR OTHERWISE, NOR FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR
- SPECIAL DAMAGES OF ANY KIND, EVEN IF INTEL OR ITS SUPPLIERS AND LICENSORS HAS
- BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT
- EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES, CONSEQUENTIAL OR
- INCIDENTAL DAMAGES, SO CERTAIN LIMITATIONS MAY NOT APPLY. YOU MAY ALSO HAVE
- OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS.
-
- EXCLUSION OF WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" AND POSSIBLY WITH
- FAULTS. UNLESS EXPRESSLY AGREED OTHERWISE, INTEL AND ITS SUPPLIERS AND
- LICENSORS DISCLAIM ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED OR
- OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
- NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Intel does not warrant
- or assume responsibility for the accuracy or completeness of any information,
- text, graphics, links or other items contained within the Software. You assume
- all liability, financial or otherwise, associated with Your use or disposition
- of the Software.
-
- APPLICABLE LAW. Claims arising under this Agreement shall be governed by the
- laws of State of California], excluding its principles of conflict of laws and
- the United Nations Convention on Contracts for the Sale of Goods.
-
- WAIVER AND AMENDMENT. No modification, amendment or waiver of any provision of
- this Agreement shall be effective unless in writing and signed by an officer of
- Intel. No failure or delay in exercising any right, power, or remedy under
- this Agreement shall operate as a waiver of any such right, power or remedy.
- Without limiting the foregoing, terms and conditions on any purchase orders or
- similar materials submitted by you to Intel, and any terms contained in Intel’s
- standard acknowledgment form that are in conflict with these terms, shall be of
- no force or effect.
-
- SEVERABILITY. If any provision of this Agreement is held by a court of
- competent jurisdiction to be contrary to law, such provision shall be changed
- and interpreted so as to best accomplish the objectives of the original
- provision to the fullest extent allowed by law and the remaining provisions of
- this Agreement shall remain in full force and effect.
-
- EXPORT RESTRICTIONS. Each party acknowledges that the Software is subject to
- applicable import and export regulations of the United States and of the
- countries in which each party transacts business, specifically including U.S.
- Export Administration Act and Export Administration Regulations. Each party
- shall comply with such laws and regulations, as well as all other laws and
- regulations applicable to the Software. Without limiting the generality of the
- foregoing, each party agrees that it will not export, re-export, transfer or
- divert any of the Software or the direct programs thereof to any restricted
- place or party in accordance with U.S. export regulations. Note that Software
- containing encryption may be subject to additional restrictions.
-
- GOVERNMENT RESTRICTED RIGHTS. The Software is 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 their successors. Use
- of the Software by the Government constitutes acknowledgment of Intel's
- proprietary rights therein. Contractor or Manufacturer is Intel Corporation,
- 2200 Mission College Blvd., Santa Clara, CA 95052.
-
- TERMINATION OF THE AGREEMENT. Intel may terminate this Agreement if you violate
- its terms. Upon termination, you will immediately destroy the Software or
- return all copies of the Software to Intel.
-
- --------------------------------------------------------------------------------
-
- EXHIBIT "A"
-
- SOFTWARE LICENSE AGREEMENT (Final, Single User)
-
- IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
-
- Do not use or load this firmware image (the "Software") until you have carefully
- read the following terms and conditions. By loading or using the Software, you
- agree to the terms of this Agreement. If you do not wish to so agree, do not
- install or use the Software.
-
- LICENSE. You may copy and use the Software, subject to these conditions:
- 1. This Software is licensed for use only in conjunction with Intel component
- products. Use of the Software in conjunction with non-Intel component
- products is not licensed hereunder.
- 2. You may not copy, modify, rent, sell, distribute or transfer any part of the
- Software except as provided in this Agreement, and you agree to prevent
- unauthorized copying of the Software.
- 3. You may not reverse engineer, decompile, or disassemble the Software.
- 4. You may not sublicense the Software.
- 5. The Software may contain the software or other property of third party
- suppliers.
-
- OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software
- remains with Intel or its suppliers. The Software is copyrighted and protected
- by the laws of the United States and other countries, and international treaty
- provisions. You may not remove any copyright notices from the Software. Intel
- may make changes to the Software, or items referenced therein, at any time
- without notice, but is not obligated to support or update the Software. Except
- as otherwise expressly provided, Intel grants no express or implied right under
- Intel patents, copyrights, trademarks, or other intellectual property rights.
- You may transfer the Software only if a copy of this license accompanies the
- Software and the recipient agrees to be fully bound by these terms.
-
- EXCLUSION OF OTHER WARRANTIES EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED
- "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING
- WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR
- PURPOSE. Intel does not warrant or assume responsibility for the accuracy or
- completeness of any information, text, graphics, links or other items contained
- within the Software.
-
- LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE FOR
- ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS
- INTERRUPTION, OR LOST 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. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR
- IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
- LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY
- BETWEEN JURISDICTIONS.
-
- TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement at any time if
- you violate its terms. Upon termination, you will immediately destroy the
- Software.
-
- APPLICABLE LAWS. Claims arising under this Agreement shall be governed by the
- laws of California, excluding its principles of conflict of laws and the United
- Nations Convention on Contracts for the Sale of Goods. You may not export the
- Software in violation of applicable export laws and regulations. Intel is not
- obligated under any other agreements unless they are in writing and signed by
- an authorized representative
- of Intel.
-
- GOVERNMENT RESTRICTED RIGHTS. The Software is 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 their successors. Use
- of the Software by the Government constitutes acknowledgment of Intel's
- proprietary rights therein. Contractor or Manufacturer is Intel Corporation,
- 2200 Mission College Blvd., Santa Clara, CA 95052.
-
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