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diff --git a/license.txt b/license.txt new file mode 100644 index 000000000000..a39c4f16c159 --- /dev/null +++ b/license.txt @@ -0,0 +1,707 @@ +End User License Agreement for the Intel(R) Software Development Products +(Version October 2018) + +IMPORTANT INFORMATION ABOUT YOUR RIGHTS, OBLIGATIONS AND THE USE OF YOUR DATA - +PLEASE READ AND AGREE BEFORE DOWNLOADING, INSTALLING, COPYING OR USING + +This Agreement forms a legally binding contract between you, or the company or +other legal entity ("Legal Entity") for which you represent and warrant that you +have the legal authority to bind that Legal Entity, (each, "You" or "Your") and +Intel Corporation and its subsidiaries (collectively "Intel") regarding Your use +of the Materials. By downloading, installing, copying or otherwise using the +Materials, You agree to be bound by the terms of this Agreement. If You do not +agree to the terms of this Agreement, do not download, install, copy or +otherwise use the Materials. You affirm that You are 18 years old or older or, +if not, Your parent, legal guardian or Legal Entity must agree and enter into +this Agreement on your behalf. + +1. LICENSE DEFINITIONS. + + A. "Cloud Provider" means a third party cloud service provider offering a + cloud-based platform, infrastructure, application or storage services, such + as Microsoft Azure or Amazon Web Services, which You may utilize solely + subject to the restrictions set forth in Section 4.3 B. + + B. "Computer" means a computer, workstation or server(s); as well as a + container or virtual machine located on Your or Your Cloud Provider's + server. + + C. "Confidential Information" means all Materials (as defined below), including + any portions thereof, that are identified (in the product release notes, on + Intel's download website for the Materials or elsewhere) or labeled as Intel + confidential information or with a similar legend. + + D. "Derivative Work" means a derivative work, as defined in 17 U.S.C. 101, of + the Software Source Code, that You developed. + + E. "Excluded License" means a license that requires, as a condition of use, + modification, or distribution, that the licensed software or other software + incorporated into, derived from or distributed with such software (a) be + disclosed or distributed in Source Code form; (b) be licensed by the user to + third parties for the purpose of making and/or distributing Derivative + Works; or (c) be redistributable at no charge. Excluded Licenses include, + without limitation, licenses that license or distribute software under any + of the following licenses or distribution models, or licenses or + distribution models substantially similar to any of the following: (a) GNU's + General Public License (GPL) or Lesser/Library GPL (LGPL), (b) the Artistic + License (e.g., PERL), (c) the Mozilla Public License, (d) the Netscape + Public License, (e) the Sun Community Source License (SCSL), (f) the Sun + Industry Source License (SISL), and (g) the Common Public License (CPL). + + F. "Instance" means a single running copy of the Materials on a Computer. + + G. "Licensed Patent Claims" mean the claims of Intel's patents that are + necessarily and directly infringed by the reproduction and distribution of + the Materials that is authorized in Section 2 below, when the Materials are + in their unmodified form as delivered by Intel to You and not modified or + combined with anything else. Licensed Patent Claims are only those claims + that Intel can license without paying, or getting the consent of, a third + party. + + H. "Materials" mean the software, documentation, the software product serial + number, and other materials, including any modifications, updates and + upgrades thereto, that are provided to You under this Agreement. Materials + also include any Redistributables, Source Code, Sample Source Code, and + Pre-Release Materials, as defined below, but do not include Third Party + Programs. + + I. "Microsoft Platforms" mean any current and future Microsoft operating system + products, Microsoft run-time technologies (such as the .NET Framework), and + Microsoft application platforms (such as Microsoft Office or Microsoft + Dynamics) that Microsoft offers. + + J. "Pre-Release Materials" mean the Materials, or portions thereof, that are + identified (in the product release notes, on Intel's download website for + the Materials or elsewhere) or labeled as pre-release, prototype, alpha or + beta code and, as such, the Pre-Release Materials are deemed to be + pre-release code not suitable for commercial release, which may not be fully + functional or tested and may contain bugs or errors, which Intel may + substantially modify in its development of a commercial version, and for + which Intel makes no assurances that it will ever develop or make generally + available a commercial version. + + K. "Redistributables" mean the files (if any) listed in the "redist.txt", + "redist-rt.txt" or similarly-named text files that may be included in the + Materials for the applicable "Intel Software Development Product." + + L. "Sample Source Code" means those portions of the Materials that are Source + Code files and are identified as sample source code. Sample Source Code may + not be tested nor validated and is provided purely for Your convenience as a + programming example. + + M. "Source Code" means the software (and not documentation or text) portion of + the Materials provided in human readable format, and includes modifications + to the Source Code that You make or are made on Your behalf as expressly + permitted under the terms of this Agreement. + + N. "Third Party Programs" mean the files (if any) listed in the + "third-party-programs.txt" text file that may be included in the Materials + for the applicable software. + + O. "Your Product" means one or more commercial applications or products + developed by or for You using the Materials. + + P. "Your Project" means one or more noncommercial applications, which may + include personal use, not-for-profit business use, educational use, internal + evaluation or open source applications, developed by or for You using the + Materials. + +2. LICENSE GRANTS. + +2.1 License for Commercial License Types. Subject to the terms and conditions +of this Agreement, including, but not limited to, the applicable license type +use restrictions in Section 3.1 and other restrictions in Section 4 below, and +timely payment of any fees (if applicable), Intel grants You a non-exclusive, +worldwide, non-assignable (except as expressly permitted hereunder), limited +right and license for the term You obtained pursuant to Section 3: + + A. under its copyrights, to: + + (1) reproduce internally a reasonable number of copies of the Materials for + Your internal business use in accordance with the documentation or text + files included as part of the Materials; provided, however, that this + license does not include the right to sublicense and may only be + exercised by You or Your employees; + + (2) use the Materials solely for Your internal business use to develop Your + Product, in accordance with the documentation or text files included as + part of the Materials, provided, however, that this license does not + include the right to sublicense and may only be exercised by You or Your + employees; + + (3) modify or create Derivative Works of the Materials or any portions + thereof, that are provided in Source Code form, provided, however, that + this license does not include the right to sublicense and may be + exercised only by You or Your employees; + + (4) publicly perform, publicly display, and distribute (directly and through + Your distributors, resellers and other channel partners) or otherwise make + publicly available the Redistributables, including any modifications to or + Derivative Works of the Redistributables made pursuant to + Section 2.1.A(3), or any portions thereof, subject to the following + restrictions: + + (a) Any distribution of the Redistributables must only be as part of Your + Product which must add significantly more functionality than the + Redistributables themselves; + + (b) Any additional restrictions which may appear in the Redistributables + text files specified in Section 1.K above and in Section 4 below; and + + (c) The license under Section 2.1.A(4) includes the right to sublicense + the Redistributables, but the sublicense rights are limited only to + the sublicensing of any Intel copyrights in the Redistributables and + only to the extent necessary to perform, display, and distribute the + Redistributables (including Your modifications and Derivative Works + thereto) solely as incorporated in Your Product. + + (d) You (i) will be solely responsible to Your customers for any update, + support obligation or other liability which may arise from Your + distribution of Your Product, (ii) will not make any statement that + Your Product is "certified" or that its performance is guaranteed by + Intel, (iii) will not use Intel's name or trademarks to market Your + Product without written permission from Intel, (iv) will provide the + Redistributables subject to a license agreement that prohibits + disassembly and reverse engineering of the Redistributables except in + cases where You provide Your Product subject to an open source + license that is not an Excluded License, (e.g., the BSD license or the + MIT license), (v) will indemnify, hold harmless, and defend Intel and + its suppliers from and against any claims or lawsuits, including + attorney's fees, that arise or result from Your modifications, + Derivative Works or Your distribution of Your Product. + + and + + B. under Intel's Licensed Patent Claims, to: + + (1) make copies of the Materials only as specified in Section 2.1.A(1); + + (2) use the Materials only as specified in Section 2.1.A(2); and + + (3) offer to distribute, and distribute, but not sell, the Redistributables + only as part of Your Product under Intel's copyright license granted in + Section 2.1(A), but only under the terms of that copyright license and + not as a sale (and this right does not include the right to sub-license); + + And, provided further, that the license under the Licensed Patent Claims + does not and will not apply to, and Intel does not expressly grant You a + patent license in this Agreement to, any modifications to, or Derivative + Works of, the Materials, whether made by You, Your contractor(s), Your + customer(s) (which, for all purposes under this Agreement, will mean + either a customer, reseller, distributor or other channel partner) or any + third party, even if the modification and Derivative Works are permitted + under 2.1.A(3). + +2.2 License for Noncommercial License Types. Subject to the terms and conditions +of this Agreement, including, but not limited to, the applicable license type +use restrictions in Section 3.2 and other restrictions in Section 4 below, and +timely payment of any fees (if applicable), Intel grants You a non-exclusive, +worldwide, non-assignable, limited right and license for the term You obtained +pursuant to Section 3, and under its copyrights, to: + + A. reproduce a reasonable number of copies of the Materials internally and use + the Materials solely for Your Project in accordance with the documentation + or text files included as part of the Materials, and for no commercial uses + whatsoever; provided, however, that this license does not include the right + to sublicense and may only be exercised by You or Your employees (if any); + + B. modify or create Derivative Works of the Materials, or any portions thereof, + that are provided in Source Code form, provided, however, that this license + does not include a right to redistribute the modifications or Derivative + Works of the Materials, or the right to sublicense and may be exercised + only by You or Your employees (if any); + + C. except for an evaluation license type, publicly perform, publicly display, + and distribute or otherwise make publicly available the Redistributables, + including any modifications to or Derivative Works of the Redistributables + made pursuant to Section 2.2.B, or any portions thereof only for + noncommercial uses, subject to the following restrictions: + + (1) any distribution of the Redistributables must only be as part of Your + Project which must add significantly more functionality than the + Redistributables themselves; + + (2) any additional restrictions which may appear in the Redistributables text + files specified in Section 1.K above and in Section 4.1 below; and + + (3) the license under this Section 2.2.C includes the right to sublicense the + Redistributables, but the sublicense rights are limited only to the + sublicensing of any Intel copyrights in the Redistributables and only to + the extent necessary to perform, display, and distribute the + Redistributables (including Your modifications and Derivative Works + thereto) solely as incorporated in Your Project. + + (4) You (i) will be solely responsible for any update, support obligation or + other liability which may arise from Your distribution of Your Project, + (ii) will not make any statement that Your Project is "certified" or that + its performance is guaranteed by Intel, (iii) will not use Intel's name or + trademarks in connection with Your Project without written permission from + Intel, (iv) will provide the Redistributables subject to a license + agreement that prohibits disassembly and reverse engineering of the + Redistributables except in cases where You provide Your Project subject to + an open source license that is not an Excluded License (e.g., the BSD + license or the MIT license), (v) will indemnify, hold harmless, and defend + Intel and its suppliers from and against any claims or lawsuits, including + attorney's fees, that arise or result from Your modifications, Derivative + Works or Your distribution of Your Project. + +2.3 Third Party Programs and Other Intel Programs Licenses. Third Party + Programs, even if included with the distribution of the Materials, are + governed by separate license terms, including without limitation, third + party license terms, other Intel software license terms, and open source + software license terms. Such separate license terms (and not this Agreement) + solely govern Your use of the Third Party Programs. + +3. LICENSE USE TYPES. + +3.1 Commercial License Types. Commercial license types are provided under the +terms of the license set forth in Section 2.1. If you have obtained a license +to the Materials under any of these commercial license types, you may also use +the Materials for Your Project. + + A. Single Named-User License. If You obtain the Materials under a single + named-user license type, You may run as many Instances as needed for Your + exclusive use, subject to Your compliance with all of the terms and + conditions of this Agreement. You may obtain either a perpetual or time + limited license. If You obtain a single named-user license type that is + also time limited, the term of Your license is specified on Intel's + download website, in the applicable documentation or controlled by the + serial number for the Materials. + + B. Floating License. If You obtain the Materials under a floating license + type, You may run as many Instances as needed on the designated network for + use by no more than the authorized number of concurrent users, subject to + their compliance with all of the terms and conditions of this Agreement. + You may obtain either a perpetual or time limited license. If You obtain a + floating license type that is also time limited, the term of Your license is + specified on Intel's download website, in the applicable documentation or + controlled by the serial number for the Materials. + + C. Site License. If You obtain the Materials under a site license type (i.e., + the Materials include the text file named "site_license_materials.txt"), + You may run as many Instances as needed for use by any number of concurrent + users located at the specified site or sites, subject to their compliance + with all of the terms and conditions of this Agreement. You may obtain + either a perpetual or time limited license. If You obtain a site license + type that is also time limited, the term of Your license is specified on + Intel's download website, in the applicable documentation or controlled by + the serial number for the Materials. + + D. Community License. If You obtain the Materials under a community license + type, You may run as many instances as needed for Your exclusive use, + subject to Your compliance with all of the terms and conditions of this + Agreement. The Materials are provided under a time limited license as + specified on Intel's download website, in the applicable documentation or + controlled by the serial number for the Materials. + +3.2 Noncommercial License Types. Noncommercial license types are provided under +the terms of the license set forth in Section 2.2. + + A. Evaluation License. If You obtain the Materials under an evaluation license + type, You may run as many instances as needed for your evaluation of the + Materials, subject to Your compliance with all of the terms and conditions + of this Agreement. You may not distribute any portion of the Materials, and + any application and/or product developed by You may only be used for + evaluation purposes and only for the term of the evaluation. The Materials + are provided under a time limited license as specified on Intel's download + website, in the applicable documentation or controlled by the serial number + for the Materials. + + 1) Pre-Release Materials. If the Materials You receive are Pre-Release + Materials, in addition to the license restrictions in Section 2.2 and the + restrictions in 3.2.A above, (i) You may not modify or incorporate the + Pre-Release Materials into any product You are developing; (ii) You may + not continue to use the Pre-Release Materials if and once a commercial + version is released; and (iii) You may not disclose to any third party any + benchmarks, performance results, or other information relating to the + Pre-Release Materials. + + B. Noncommercial Use License. If You obtain the Materials under a noncommercial + use license type, You may run as many instances as needed for Your exclusive + use, subject to Your compliance with all of the terms and conditions of this + Agreement. Any work performed or produced as a result of use of the + Materials cannot be performed or produced for the benefit of other parties, + including but not limited to, for a fee, compensation or any other + reimbursement or remuneration, or "not for profit." The Materials are + provided under a time limited license as specified on Intel's download + website, in the applicable documentation or controlled by the serial number + for the Materials. + + C. Educational License. If You obtain the Materials under an educational + license type, You must be a teacher, professor, or a student and You may + only use the Materials for educational purposes. Any work performed or + produced as a result of use of the Materials cannot be performed or produced + for the benefit of other parties, including but not limited to, for a fee, + compensation or any other reimbursement or remuneration, or + "not for profit." The Materials are provided under a time limited license as + specified on Intel's download website, in the applicable documentation or + controlled by the serial number for the Materials. There are two educational + license types as follows: + + 1) Single Named-User Educational License. If You obtain the Materials under a + single named-user educational license type, You may run as many instances + as needed for Your exclusive use, subject to Your compliance with all of + the terms and conditions of this Agreement. + + 2) Floating Educational License. If You obtain the Materials under a floating + educational license type, You may run as many Instances as needed on the + designated network for use by no more than the authorized number of + concurrent users, subject to their compliance with all of the terms and + conditions of this Agreement. + +4. LICENSE CONDITIONS. + +4.1 Restrictions. Except as expressly provided in this Agreement, You may NOT: +(i) use, copy, distribute, or publicly display the Materials; (ii) rent or lease +the Materials to any third party; (iii) assign this Agreement or transfer the +Materials; (iv) modify, adapt, or translate the Materials in whole or in part; +(v) reverse engineer, decompile, or disassemble the Materials; (vi) attempt to +modify or tamper with the normal function of any license manager that may +regulate usage of the Materials; (vii) distribute, sublicense or transfer the +Source Code form of any components of the Materials or derivatives thereof to +any third party; (viii) distribute Redistributables except as part of a larger +program that adds significant primary functionality different from that of the +Redistributables; (ix) distribute the Redistributables to run on a platform +other than a Microsoft Platform if according to the accompanying user +documentation the Materials are meant to execute only on a Microsoft Platform; +(x) include the Redistributables in malicious, deceptive, or unlawful programs +or products; (xi) modify, create a Derivative Work, link, or distribute the +Materials so that any part of it becomes subject to an Excluded License; or +(xii) use the Materials directly or indirectly for service bureau purposes +(i.e., a service whereby the use of or access to the Materials (including the +Redistributables) is provided to a third party as a service, as opposed to +granting use of or access to the Materials (including the Redistributables) to +a third party through an end user license agreement. An example of a service +bureau service is the salesforce.com service business model). + +4.2 Safety, Critical, and Lifesaving Applications. Safety is Your +responsibility. To the extent You use the Materials to create, or as part of, +products used in safety-critical applications designed to comply with functional +safety standards or requirements ("Safety-Critical Applications"), it is Your +responsibility to design, manage and assure system-level safeguards to +anticipate, monitor and control system failures, and You agree that You are +solely responsible for all applicable regulatory standards and safety-related +requirements concerning Your use of the Materials in Safety Critical +Applications. The Materials are also not designed, intended, or authorized for +use in any type of a system or application in which the failure of the Materials +could create a situation where personal injury or death may occur (e.g., medical +systems, life sustaining or lifesaving systems) ("Lifesaving Applications"). +Should You use the Materials for Safety-Critical Applications or Life-saving +Applications, You agree to indemnify, defend, and hold Intel and its +representatives harmless against all claims, costs, damages, and expenses, +including reasonable attorney fees arising in any way out of Your use of the +Materials in Safety-Critical Applications and claims of product liability, +personal injury or death associated with Lifesaving Applications; even if, for +either type of application, such claims alleges that Intel was negligent +regarding the design or manufacture of the Materials. + +4.3 Third Party Use. + + A. If You are an entity with a license pursuant to Section 3.1, Your + contractors may use the Materials as specified in Section 2 above, provided: + (i) their use of the Materials is solely on behalf of and in support of Your + business, (ii) they agree to the terms and conditions of this Agreement, and + (iii) You are solely responsible for their use of the Materials. + + B. You may utilize a Cloud Provider to host the Materials for You, provided: + (i) the Cloud Provider may only host the Materials for Your exclusive use + and may not use the Materials for any other purpose whatsoever, including the + restriction set forth in Section 4.1(xii); (ii) the Cloud Provider's use of + the Materials must be solely on behalf of and in support of Your Product or + Your Project (as applicable), and (iii) You will indemnify, hold harmless, + and defend Intel and its suppliers from and against any claims or lawsuits, + including attorney's fees, that arise or result from Your Cloud Provider's + use, misuse or disclosure of the Materials. + +4.4 Media Format Codecs and Digital Rights Management. You acknowledge and agree +that Your use of the Materials or distribution of the Materials with Your +Product or Your Project as permitted by this license may require You to procure +license(s) from one or more third parties that may hold intellectual property +rights applicable to any media decoding, encoding or transcoding technology +(such as, for example, through use of an audio or video codec) and/or digital +rights management capabilities of the Materials, if any. Should any such +additional licenses be required, You are solely responsible for obtaining any +such licenses and agree to obtain any such licenses at Your own expense. + +4.5 Materials Transfer. You may only permanently transfer the Materials you +receive pursuant to a license type listed in Section 3.1 above, and all of Your +rights under this Agreement, to another party ("Recipient") solely in +conjunction with a change of ownership, merger, acquisition, sale or transfer of +all or substantially all of Your business or assets, either voluntarily, by +operation of law or otherwise subject to the following: You must notify Intel of +the transfer by sending a letter to Intel: (i) identifying the legal entities of +Recipient and You, (ii) identifying the Materials (i.e., the specific Intel +software and version) and the associated serial numbers to be transferred, (iii) +certifying that You retain no copies of the Materials or portions thereof, (iv) +certifying that the Recipient has agreed in writing to be bound by all of the +terms and conditions of this Agreement, (v) certifying that the Recipient has +been notified that in order to receive support from Intel for the Materials they +must notify Intel in writing of the transfer and provide Intel with the +information specified in subsection (ii) above along with the name and email +address of the individual assigned to use the Materials, and (vi) providing Your +email address so that Intel may confirm receipt of Your letter. Please send +such letter to: + +Intel Corporation +2111 NE 25th Avenue +Hillsboro, OR 97124 +Attn: DPD Contracts Management, JF2-28 + +5. DATA COLLECTION AND PRIVACY. + +5.1 Anonymous Data Collection by Materials. Certain Materials may generate and +collect anonymous data about the Materials and transmit it to Intel as a +one-time event during installation. This anonymous data collection may include, +but is not limited to, product name, product version, license type, support type, +and installation status. Anonymous data collection by the Materials does not +include: (a) any personal or personally identifiable data of You, an end user or +a data subject; (b) data or information identifying a business entity; or (c) +data or information about non-Intel software. The purpose of the anonymous data +collection by the Materials is to enable Intel to develop, improve, and support +Intel's products and services. + +5.2 Provisioning Data Collection. Provisioning data may be collected and +transmitted to Intel as a one-time event during installation in order to +activate the Materials. This collection may be mandatory and a condition of +using the Materials in order to verify the right to use the Materials. +Provisioning data includes the Material's unique serial number and it may be +combined with other information about the Materials and Your Computer. +Provisioning data is not shared with or disclosed to parties outside of Intel. +Intel may retain the provisioning data indefinitely. + +5.3 Other Data Collection. + + A. Collection of Registration Data. Some Materials may require registration of + the Materials with Intel during installation. The information currently + collected during registration is Your first name, Your last name, Your + email, Your company, and Your country. The registration information is + subject to change, however, You will be notified at the time of registration + what information will be collected, why it is being collected, how long it + will be retained by Intel, and how to have Your registration information + removed from Intel's registration database if You so choose to do so at a + later date. + + B. Optional Collection of Analytical Data. You may be given the option during + installation of the Materials to consent to the collection of analytical + data. Analytical data may include technical information about Your software + installation and runtime status (such as installation metrics, serial + number, counters, flags, and timestamps), and Your development environment + (such as operating system, CPU architecture, and other Intel products + installed). You will be notified at the time of installation what analytical + data will be collected if You agree to such collection, why it is being + collected, how long it will be retained by Intel, and how to stop the + collection of analytical data if You so choose to do so at a later date. + + C. Required Collection of Analytical Data. For certain Materials, the + collection of analytical data as described in Section 4.3 B may be a + requirement of use. In these cases, You will be given notice and the option + to cancel the download or installation of the Materials if you do not wish + to consent to the collection of analytical data. + +5.4 Intel's Privacy Notice. Intel is committed to respecting Your privacy. To +learn more about Intel's privacy practices, please visit +http://www.intel.com/privacy. + +6. OWNERSHIP. Title to the Materials and all copies thereof remain with Intel or +its suppliers. The Materials are protected by intellectual property rights, +including without limitation, United States copyright laws and international +treaty provisions. You will not remove any copyright or other proprietary notice +from the Materials. You agree to prevent any unauthorized copying of the +Materials. Except as expressly provided herein, no license or right is granted +to You directly or by implication, inducement, estoppel or otherwise; +specifically Intel does not grant any express or implied right to You under +Intel patents, copyrights, trademarks, or trade secrets. + +7. NO WARRANTY AND NO SUPPORT. Disclaimer. Intel disclaims all warranties of any +kind and the terms and remedies provided in this Agreement are instead of any +other warranty or condition, express, implied or statutory, including those +regarding merchantability, fitness for any particular purpose, non-infringement +or any warranty arising out of any course of dealing, usage of trade, proposal, +specification or sample. Intel does not assume (and does not authorize any +person to assume on its behalf) any other liability. + +Intel may make changes to the Materials, or to items referenced therein, at any +time without notice, but is not obligated to support, update or provide training +for the Materials under the terms of this Agreement. Intel may in its sole +discretion offer such support, updates or training services under separate terms +at Intel's then-current rates. You may request additional information on Intel's +service offerings from an Intel representative. + +8. LIMITATION OF LIABILITY. Use of the Materials are at Your own risk. In no +event will Intel or its suppliers be liable for any direct, indirect, +incidental, consequential, special, or other losses or damages arising out of or +related to this Agreement or Your use of the Materials, including without +limitation, any of the following losses or damages (whether such losses or +damages were foreseen, foreseeable, known or otherwise): (i) loss of revenue; +(ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) +loss of anticipated savings; (v) loss of business; (vi) loss of opportunity; +(vii) loss of goodwill; (viii) loss of use of the Software; (ix) loss of +reputation; (x) loss of, damage to, or corruption of data; or (xi) any indirect, +incidental special or consequential loss of damage however caused (including +loss or damage of the type specified in this Section 6). + +9. USER SUBMISSIONS. This Agreement does not obligate You to provide Intel with +materials, information, comments, suggestions or other communication regarding +the Materials. However, You agree that any material, information, comments, +suggestions or other communication You transmit or post to an Intel website +(including but not limited to, submissions to the Intel Premier Support and/or +other customer support websites or online portals) or provide to Intel under +this Agreement are not controlled by the International Traffic in Arms +Regulations (ITAR) or the Export Administration Regulation (EAR), and if related +to the features, functions, performance or use of the Materials are deemed +non-confidential and non-proprietary ("Communications"). Intel will have no +obligations with respect to the Communications. You hereby grant to Intel a +non-exclusive, perpetual, irrevocable, royalty-free, copyright license to copy, +modify, create Derivative Works, publicly display, disclose, distribute, license +and sublicense through multiple tiers of distribution and licensees, incorporate +and otherwise use the Communications and all data, images, sounds, text, and +other things embodied therein, including Derivative Works thereto, for any and +all commercial or non-commercial purposes. You are prohibited from posting or +transmitting to or from an Intel website or provide to Intel any unlawful, +threatening, libelous, defamatory, obscene, pornographic, or other material that +would violate any law. If You wish to provide Intel with information that You +intend to be treated as confidential information, Intel requires that such +confidential information be provided pursuant to a non-disclosure agreement +("NDA"), so please contact Your Intel representative to ensure the proper NDA is +in place. + +Nothing in this Agreement will be construed as preventing Intel from reviewing +Your Communications and errors or defects in Intel products discovered while +reviewing Your Communications. Furthermore, nothing in this Agreement will be +construed as preventing Intel from implementing independently-developed +enhancements to Intel's own error diagnosis methodology to detect errors or +defects in Intel products discovered while reviewing Your Communications or to +implement bug fixes or enhancements in Intel products. The foregoing may include +the right to include Your Communications in regression test suites. + +10. NON-DISCLOSURE. The following provisions will apply if there is no existing +non-disclosure agreement between You and Intel. The Materials are the +Confidential Information of Intel. You will maintain the confidentiality of +Intel's Confidential Information with at least the same degree of care that You +use to protect Your own confidential and proprietary information, but no less +than a reasonable degree of care under the circumstances. You will only disclose +the Confidential Information to Your employees who have a need to know and who +agree to abide by nondisclosure terms at least as comprehensive as those set +forth herein; provided that You will be liable for breach by any such employee. +For the purposes of this Agreement, the term "employee" will include Your +independent contractors, who have signed confidentiality agreements with You. +You will not make any copies of the Confidential Information except as necessary +for Your employees with a need to know. Any copies which are made will be +identified as belonging to Intel and marked "confidential", "proprietary" or +with similar legend. You will not be liable for the disclosure of any +Confidential Information which is (a) generally made available publicly or to +third parties by Intel without restriction on disclosure; (b) rightfully +received from a third party without obligation of confidentiality; (c) +rightfully known to You without any limitation on disclosure prior to Your +receipt from Intel; (d) independently developed by Your employees; or (e) +required to be disclosed in accordance with applicable laws, regulations, court, +judicial or other government order, provided that You will give Intel reasonable +notice prior to such disclosure and will comply with any applicable protective +order. + +11. TERMINATION OF THIS LICENSE. This Agreement becomes effective on the date +You accept this Agreement and will continue until terminated as provided for in +this Agreement. If You are using the Materials under a time-limited license, for +example an Evaluation License, this Agreement terminates without notice on the +last day of the time period, which is specified in the Materials or on Intel's +website, and/or controlled by the serial number for the Materials. Intel may +terminate this license immediately if You are in breach of any of its terms and +conditions and such breach is not cured within thirty (30) days of written +notice from Intel. Upon termination, You will immediately return to Intel or +destroy the Materials and all copies thereof. In the event of termination of +this Agreement, the license grant to any Materials or Redistributables +distributed by You in accordance with the terms and conditions of this +Agreement, prior to the effective date of such termination, will survive any +such termination of this Agreement. Sections 1, 5, 6, 7, 8, 9, 10, 11, 12, and +13 will survive expiration or termination of this Agreement. + +12. U.S. GOVERNMENT RESTRICTED RIGHTS. The technical data and computer software +covered by this license is a "Commercial Item," as such term is defined by the +FAR 2.101 (48 C.F.R. 2.101) and is "commercial computer software" and +"commercial computer software documentation" as specified under FAR 12.212 (48 +C.F.R. 12.212) or DFARS 227.7202 (48 C.F.R. 227.7202), as applicable. This +commercial computer software and related documentation is provided to end users +for use by and on behalf of the U.S. Government, with only those rights as are +granted to all other end users pursuant to the terms and conditions herein. Use +for or on behalf of the U.S. Government is permitted only if the party acquiring +or using this software is properly authorized by an appropriate U.S. Government +official. This use by or for the U.S. Government clause is in lieu of, and +supersedes, any other FAR, DFARS, or other provision that addresses Government +rights in the computer software or documentation covered by this license. All +copyright licenses granted to the U.S. Government are coextensive with the +technical data and computer software licenses granted herein. The U.S. +Government will only have the right to reproduce, distribute, perform, display, +and prepare Derivative Works as needed to implement those rights. + +13. GENERAL PROVISIONS. + +13.1 ENTIRE AGREEMENT. This Agreement contains the complete and exclusive +agreement and understanding between the parties concerning the subject matter of +this Agreement, and supersedes all prior and contemporaneous proposals, +agreements, understanding, negotiations, representations, warranties, +conditions, and communications, oral or written, between the parties relating to +the same subject matter. This Agreement, including without limitation its +termination, has no effect on any signed non-disclosure agreements between the +parties, which remain in full force and effect as separate agreements to their +terms. Each party acknowledges and agrees that in entering into this Agreement +it has not relied on, and will not be entitled to rely on, any oral or written +representations, warranties, conditions, understanding, or communications +between the parties that are not expressly set forth in this Agreement. The +express provisions of this Agreement control over any course of performance, +course of dealing, or usage of the trade inconsistent with any of the provisions +of this Agreement. The provisions of this Agreement will prevail notwithstanding +any different, conflicting, or additional provisions that may appear on any +purchase order, acknowledgement, invoice, or other writing issued by either +party in connection with this Agreement. No modification or amendment to this +Agreement will be effective unless in writing and signed by authorized +representatives of each party, and must specifically identify this Agreement by +its title and version (e.g., "End User License Agreement for the Intel(R) +Software (Version October 2018)); except that Intel may make changes to the +Agreement as it distributes new versions of the Materials. When changes are +made, Intel will make a new version of the Agreement available on its +website: https://software.intel.com/en-us/articles/end-user-license-agreement. +If You received a copy of this Agreement translated into another language, the +English language version of this Agreement will prevail in the event of any +conflict between versions. + +13.2 EXPORT. You acknowledge that the Materials and all related technical +information are subject to export controls under the laws and regulations of the +United States and any other applicable governments. You agree to comply with +these laws and regulations governing export, re-export, import, transfer, +distribution, and use of the Materials. In particular, but without limitation, +the Materials may not be exported or re-exported (a) into any U.S. embargoed +countries or (b) to any person or entity listed on a denial order published by +the U.S. government or any other applicable governments. By using the Materials, +You represent and warrant that You are not located in any such country or on any +such list. You also agree that You will not use the Materials for any purposes +prohibited by the U.S. government or other applicable governments, including, +without limitation, the development, design, manufacture or production of +nuclear, missile, chemical or biological weapons. You confirm that the Materials +will not be re-exported or sold to a third party who is known or suspected to be +involved in activities including, without limitation, the development, design, +manufacture, or production of nuclear, missile, chemical or biological weapons. + +13.3 GOVERNING LAW, JURISDICTION, AND VENUE. All disputes arising out of or +related to this Agreement, whether based on contract, tort, or any other legal +or equitable theory, will in all respects be governed by, and construed and +interpreted under, the laws of the United States of America and the State of +Delaware, without reference to conflict of laws principles. The parties agree +that the United Nations Convention on Contracts for the International Sale of +Goods (1980) is specifically excluded from and will not apply to this Agreement. +All disputes arising out of or related to this Agreement, whether based on +contract, tort, or any other legal or equitable theory, will be subject to the +exclusive jurisdiction of the courts of the State of Delaware or of the Federal +courts sitting in that State. Each party submits to the personal jurisdiction of +those courts and waives all objections to that jurisdiction and venue for those +disputes. + +13.4 SEVERABILITY. The parties intend that if a court holds that any provision +or part of this Agreement is invalid or unenforceable under applicable law, the +court will modify the provision to the minimum extent necessary to make it valid +and enforceable, or if it cannot be made valid and enforceable, the parties +intend that the court will sever and delete the provision or part from this +Agreement. Any change to or deletion of a provision or part of this Agreement +under this Section will not affect the validity or enforceability of the +remainder of this Agreement, which will continue in full force and effect. + +* Other names and brands may be claimed as the property of others |