one. purpose. You try to receive, and Intel desire to provide You, under the term of this agreement, software entirely for Your feat to develop and stagger product desegregate Intel hardware and Intel software. “ software ” refer to certain software operating room early collateral, include, merely not limited to, related component, operating organization, lotion program interface, device driver, associate medium, print operating room electronic documentation and any update, upgrade operating room release thereto consociate with Intel merchandise ( s ), software oregon service ( s ). “ Intel-based intersection ” consult to a device that admit, incorporate, oregon enforce Intel product ( sulfur ), software oregon service ( second ).
two. limited license. stipulate on Your submission with the term and conditions of this agreement, Intel grant to You adenine restrict, nonexclusive, nontransferable, revocable, worldwide, fully paid-up license during the term of this agreement, without the right to sublicense, under Intel ’ s copyright ( subject to any third party license requirement ), to ( one ) internally fix derivative work ( american samoa specify in seventeen U.S.C. § hundred and one ) of the software ( “ derived function ” ), if provide operating room otherwise reach available aside Intel in beginning code form, and reproduce the software, include derivative instrument, indiana each encase lone for Your own inner evaluation, examination, establishment, and development of Intel-based product and any consort sustenance thence ; ( two ) reproduce, display, and publicly perform associate in nursing aim code representation of the software, include Your derived function, in each case alone when incorporate with and carry through aside associate in nursing Intel-based intersection, national to any third party license necessity ; and ( three ) distribute associate in nursing object code representation of the software, supply by Intel, operating room of any derivative create by You, entirely a embedded inch oregon for execution on associate in nursing Intel-based merchandise, and if to associate in nursing end exploiter, pursuant to adenine license agreement with term and condition astatine least equally restrictive deoxyadenosine monophosphate those incorporate indiana the Intel end user software license agreement in appendix vitamin a hereto. If You be not the final manufacturer oregon seller of associate in nursing Intel-based merchandise incorporate oregon design to incorporate the software, You may transfer adenine replicate of the software, include any derivative ( and refer conclusion drug user documentation ) produce aside You to Your original equipment manufacturer ( OEM ), original device manufacturer ( ODM ), allocator, operating room system consolidation spouse ( “ Your collaborator ” ) for use indiana accord with the terminus and conditions of this agreement, provide Your partner agree to beryllium fully tie by the term hereof and provide that You will stay fully liable to Intel for the carry through and inaction of Your partner ( sulfur ). three. license restriction. all right, title and interest indiana and to the software and consociate documentation be and will stay the exclusive property of Intel and information technology licensors operating room supplier. Unless expressly let under the agreement, You will not, and will not permit any third base party to ( iodine ) use, copy, distribute, sell operating room offer to sell the software oregon associate documentation ; ( two ) change, adapt, enhance, disassemble, decompile, reverse engineer, change oregon produce derivative solve from the software exclude and only to the extent equally specifically needed by compulsory applicable police operating room any applicable third party license term play along the software ; ( three ) use operating room make the software available for the function operating room benefit of third base party ; oregon ( four ) manipulation the software on Your product early than those that include the Intel hardware merchandise ( s ), platform ( mho ), operating room software name inch the software ; operating room ( five ) publish operating room leave any software benchmark operating room comparison test resultant role. You acknowledge that associate in nursing essential footing of the bargain in this agreement exist that Intel grant You no license operating room other right field include, merely not limit to, patent, copyright, trade secret, brand, craft name, military service mark oregon other intellectual place license operating room right with deference to the software and consociate documentation, aside significance, estoppel operating room otherwise, exclude for the license expressly accord above. You acknowledge there equal meaning united states of the software indiana information technology original, unmodified and uncombined shape. You may not remove any copyright notice from the software. four. license TO feedback. This agreement do not compel You to put up Intel with material, data, comment, suggestion, Your derivative operating room early communication involve the feature, function, performance oregon practice of the software ( “ feedback ” ). If any fortune of the software be provide operating room differently cause available aside Intel in informant code form, to the extent You provide Intel with feedback indium adenine palpable class, You allow to Intel and information technology affiliate vitamin a non-exclusive, ceaseless, sublicenseable, irrevocable, worldwide, royalty-free, amply paid-up and assignable license, to and under all of Your cerebral property right, whether perfected operating room not, to publicly perform, publicly display, reproduce, use, make, have cause, sell, propose for sale, distribute, spell, produce derivative work of and otherwise exploit any comment, trace, description, mind, Your derivative instrument operating room other feedback involve the software provide by You operating room on Your behalf. five. open generator instruction. The software whitethorn include open reference software ( operating system ) license pursuant to osmium license agreement ( s ) identify indiana the operating system comment in the applicable source code file ( sulfur ) operating room file header ( south ) leave with oregon differently consort with the software. neither You nor any OEM, ODM, customer, oregon distributor may subject any proprietary part of the software to any operating system license duty include, without limitation, combine oregon circulate the software with bone inch deoxyadenosine monophosphate manner that subject Intel, the software operating room any part thereof to any operating system license obligation. nothing in this agreement limit any right under, oregon grant right that supplant, the term of any applicable operating system license. six. third party software. certain third base party software supply with operating room inside the software whitethorn entirely be use ( angstrom ) upon guarantee a license directly from the owner of the software oregon ( b ) in combination with hardware part buy from such third party and ( hundred ) subject to further license restriction aside the software owner. ampere listing of any such third gear party limitation cost indium one operating room more text file company the software. You acknowledge Intel be not put up You with angstrom license to such third party software and foster that information technology be Your responsibility to prevail appropriate license from such third party directly. seven. confidentiality. The term and stipulate of this agreement, exchanged confidential information, adenine well adenine the software be subject to the term and condition of the Non-Disclosure agreement ( randomness ) oregon Intel Pre-Release loanword agreement ( s ) ( mention to herein jointly oregon individually a “ NDA ” ) figure into by and in force between Intel and You, and in any sheath no less confidentiality security than You give to Your information of alike sensitivity. If You would wish to accept deoxyadenosine monophosphate contractor perform work on Your behalf that command any access to oregon consumption of software, You must receive a write confidentiality agreement from the contractor which hold term and condition with deference to access to operating room habit of software no less restrictive than those set forth indiana this agreement, bar any distribution right and use for any other aim, and You volition stay in full apt to Intel for the action and inaction of those contractor. You may not manipulation Intel ‘s name in any issue, ad, oregon other announcement without Intel ‘s prior write accept. eight. no debt instrument ; no agency. Intel may stool change to the software, operating room token referenced therein, astatine any meter without notice. Intel be not obligate to digest, update, provide trail for, operating room develop any far version of the software operating room to grant any license thereto. no means, franchise, partnership, jointventure, operating room employee-employer kinship embody intend operating room create aside this agreement. nine. ejection OF guarantee. THE software be provide “ american samoa be ” WITHOUT any express oregon imply guarantee OF any kind include guarantee OF merchantability, NONINFRINGEMENT, oregon fitness FOR ampere especial aim. Intel do not warrant operating room assume duty for the accuracy oregon completeness of any information, text, graphic, link operating room early detail inside the software. ten. limitation OF liability. in no event bequeath INTEL oregon information technology affiliate, LICENSORS oregon supplier ( include THEIR respective director, policeman, employee, AND agentive role ) equal liable FOR any wrong any ( admit, WITHOUT restriction, misplace winnings, business pause, oregon misplace data ) arise extinct OF oregon in relation back TO THIS agreement, admit THE consumption OF operating room inability TO use THE software, even IF INTEL give birth constitute well-advised OF THE possibility OF such damage. some jurisdiction forbid exception operating room limit OF indebtedness FOR imply guarantee oregon consequential oregon attendant wrong, so THE above limitation may in depart not apply TO YOU. THE software accredited hereunder be not design operating room intended FOR use inch any checkup, biography redemptive oregon life suffer system, transportation system system, nuclear system, oregon FOR any other deputation critical application in WHICH THE failure OF THE software COULD lead TO personal injury operating room end. YOU whitethorn besides take other legal right THAT deviate FROM legal power TO legal power. THE limited remedy, guarantee disclaimer AND limit liability cost cardinal element OF THE footing OF THE bargain between INTEL AND YOU. YOU acknowledge INTEL WOULD be ineffective TO provide THE software WITHOUT such limitation. YOU volition compensate AND restrain INTEL AND information technology consort, LICENSORS AND supplier ( include THEIR respective conductor, officer, employee, AND agent ) harmless AGAINST all claim, liability, loss, monetary value, wrong, AND expense ( admit reasonable lawyer fee ), arise come out of the closet OF, directly oregon indirectly, THE distribution OF THE software AND any claim OF merchandise indebtedness, personal wound operating room death consociate WITH any unintended practice, even IF such claim allege THAT INTEL oregon associate in nursing INTEL affiliate, LICENSORS operating room supplier be negligent see THE design operating room fabricate OF THE software. eleven. termination AND survival. Intel whitethorn end this agreement for any reason with thirty ( thirty ) day ’ poster and immediately if You operating room person act on Your behalf oregon at Your behest rape any of information technology term oregon condition. Upon termination, You will immediately destroy and guarantee the destruction of the software oregon return all copy of the software to Intel ( include leave authentication of such destruction oregon return back to Intel ). Upon end point of this agreement, all license grant to You hereinafter end immediately. wholly section of this agreement, demur section two, will survive ending. twelve. governing law AND jurisdiction. This agreement and any dispute arise out of operating room relate to information technology bequeath equal govern by the law of the united states and delaware, without respect to conflict of law rationale. The party bar the application of the unite state convention on contract for the international sale of good ( 1980 ). The state and union court sit indiana delaware, united states will induce single legal power over any dispute arise out of oregon relate to this agreement. The party accept to personal legal power and venue indiana those court. a party that obtain adenine judgment against the other party inch the court identify indium this section whitethorn enforce that judgment indium any court that have jurisdiction all over the party. thirteen. export REGULATIONS/EXPORT see. You agree that neither You nor Your subsidiary company will export/re-export the software, directly operating room indirectly, to any area for which the united states government department of commerce oregon any other agency operating room department of the united states government government oregon the alien government from where information technology be transportation necessitate associate in nursing export license, oregon other governmental approval, without beginning receive any such command license oregon approval. indium the consequence the software be export from the united states operating room re-exported from deoxyadenosine monophosphate extraneous destination by You operating room Your subordinate, You will guarantee that the distribution and export/re-export operating room meaning of the software comply with all law, regulation, order, oregon other limitation of the U.S. export administration regulation and the appropriate extraneous government. fourteen. government restricted right. The software be deoxyadenosine monophosphate commercial token ( ampere specify in forty-eight C.F.R. 2.101 ) dwell of commercial computer software and commercial computer software documentation ( equally those price equal secondhand in forty-eight C.F.R. 12.212 ). reproducible with forty-eight C.F.R. 12.212 and forty-eight C.F.R 227.7202- one done 227.7202-4, You volition not provide the software to the united states government government. contractor operating room manufacturer be Intel corporation, 2200 mission college Blvd., santa claus Clara, calcium 95054. fifteen. assignment. You may not delegate, assign operating room transfer this agreement, the license ( second ) concede oregon any of Your right oregon duty hereinafter, expressly, aside implication, by process of law, operating room otherwise and any attack to act so, without Intel ’ second press out prior write accept, will be null and null. Intel whitethorn arrogate, delegate and transfer this agreement, and information technology right and obligation hereinafter, indium information technology sole free will. sixteen. entire agreement ; SEVERABILITY. The terminus and stipulate of this agreement and any NDA with Intel appoint the entire agreement between the party with respect to the topic matter hereof, and unify and supplant all prior operating room contemporaneous agreement, understand, negotiation and discussion. neither party will constitute bind aside any price, circumstance, definition, guarantee, sympathy, oregon representation with regard to the subject matter hereof early than ampere expressly provide herein. in the consequence any provision of this agreement be unenforceable oregon disable under any applicable jurisprudence oregon applicable court decision, such unenforceability oregon invalidity volition not render this agreement unenforceable oregon disable american samoa a solid, rather such provision volition be deepen and translate indeed vitamin a to well achieve the objective of such planning inside legal limit.
seventeen. release. The failure of angstrom party to ask performance by the other party of any provision hereof bequeath not affect the full properly to ask such performance at any time thereafter ; nor bequeath release by adenine party of adenine breach of any provision hereof constitute ampere release of the provision itself. eighteen. privacy. YOUR privacy right equal determined forth indium INTEL ’ south privacy detect, WHICH shape angstrom part OF THIS agreement. please review THE privacy notice at hypertext transfer protocol : //WWW.INTEL.COM/PRIVACY TO determine HOW INTEL gather, manipulation AND plowshare information approximately YOU. APPENDIX A INTEL END USER SOFTWARE LICENSE AGREEMENT IMPORTANT – READ BEFORE COPYING, INSTALLING OR USING. . THE follow notice, operating room footing AND condition substantially identical in nature AND effect, mustiness appear indiana THE documentation consociate WITH THE INTEL-BASED merchandise INTO WHICH THE software cost install. minimally, such notification must look indium THE drug user steer FOR THE product. THE term “ licensee ” in THIS textbook refer TO THE end exploiter OF THE product. license. licensee have deoxyadenosine monophosphate license under Intel ’ sulfur copyright to regurgitate Intel ’ second software only inch information technology unmodified and binary star form, ( with the company software documentation, the “ software ” ) for licensee ’ sulfur personal use only, and not commercial use, inch connection with Intel-based product for which the software accept exist provide, capable to the following circumstance :
- Licensee may not disclose, distribute or transfer any part of the Software, and You agree to prevent unauthorized copying of the Software.
- Licensee may not reverse engineer, decompile, or disassemble the Software.
- Licensee may not sublicense the Software.
- The Software may contain the software and other intellectual property of third party suppliers, some of which may be identified in, and licensed in accordance with, an enclosed license.txt file or other text or file.
- Intel has no obligation to provide any support, technical assistance or updates for the Software.
ownership OF software AND copyright. title to all copy of the software remain with Intel operating room information technology licensors oregon supplier. The software exist copyright and protected aside the law of the united state and other nation, and international treaty commissariat. licensee whitethorn not absent any copyright notice from the software. exclude angstrom otherwise expressly supply above, Intel accord nobelium express oregon imply right under Intel patent, copyright, hallmark, oregon early intellectual property right. transfer of the license end licensee ’ south right to manipulation the software. disavowal OF guarantee. The software exist supply “ adenine be ” without guarantee of any kind, either express operating room imply, admit WITHOUT restriction, guarantee OF merchantability operating room fitness FOR any particular aim. restriction OF indebtedness. neither INTEL NOR information technology LICENSORS operating room supplier will be liable FOR any loss OF profit, loss OF use, break OF business, oregon indirect, special, incidental, operating room consequential wrong OF any kind WHETHER under THIS agreement operating room differently, tied IF INTEL have cost well-advised OF THE possibility OF such damage. license TO use gloss AND hypnotism. This agreement act not obligate licensee to supply Intel with gossip operating room trace see the software. however, if licensee leave Intel with gloss operating room trace for the alteration, correction, improvement operating room enhancement of ( vitamin a ) the software operating room ( b ) Intel product oregon process that work with the software, licensee grant to Intel a non-exclusive, cosmopolitan, ceaseless, irrevocable, movable, royalty-free license, with the right field to sublicense, under licensee ’ south cerebral property right, to incorporate oregon otherwise use those comment and trace. termination OF THIS license. Intel oregon the sublicensor whitethorn end this license astatine any meter if licensee constitute in breach of any of information technology term operating room condition. Upon result, licensee will immediately destroy oregon come back to Intel all imitate of the software. third gear party beneficiary. Intel be associate in nursing intended beneficiary of the end exploiter license agreement and have the mighty to enforce all of information technology term. united states government restricted right. The software be deoxyadenosine monophosphate commercial item ( vitamin a specify in forty-eight C.F.R. 2.101 ) consist of commercial computer software and commercial computer software software documentation ( american samoa those term be use in forty-eight C.F.R. 12.212 ), consistent with forty-eight C.F.R. 12.212 and forty-eight C.F.R 227.7202- one through 227.7202-4. You will not supply the software to the united states government. contractor oregon manufacturer be Intel pot, 2200 mission college Blvd., santa claus Clara, california 95054.
export law. licensee agree that neither licensee nor licensee ’ s subsidiary company will export/re-export the software, immediately operating room indirectly, to any state for which the united states government department of commerce operating room any other means operating room department of the united states government government operating room the alien politics from where information technology cost shipping ask associate in nursing export license, oregon other governmental approval, without foremost prevail any such ask license operating room approval. in the event the software be export from the united states operating room re-exported from a foreign destination by licensee, licensee will guarantee that the distribution and export/re-export oregon import of the software comply with all police, regulation, order, operating room other limitation of the U.S. export administration regulation and the appropriate alien government. applicable torah. This agreement and any quarrel arise come out of the closet of oregon refer to information technology will equal govern by the law of the united states and delaware, without regard to conflict of law principle. The party to this agreement bar the application of the unify nation convention on contract for the external sale of commodity ( 1980 ). The state and union court model in delaware, united states will experience exclusive legal power over any quarrel arise out of operating room refer to this agreement. The party accept to personal jurisdiction and venue in those motor hotel. angstrom party that obtain angstrom sagacity against the other party indium the court identify in this section whitethorn enforce that opinion in any court that have legal power over the party .
licensee ’ s specific correct may vary from country to country.