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diff --git a/licenses/Intel-SDP b/licenses/Intel-SDP index e8bc8b63d012..1319fbc975ee 100644 --- a/licenses/Intel-SDP +++ b/licenses/Intel-SDP @@ -25,384 +25,480 @@ terms (and not this Agreement) govern Your use of the Third Party Programs, and Intel is not liable for the Third Party Programs. End User License Agreement for the Intel(R) Software Development Products - (Version March 2015) - - -1. LICENSE DEFINITIONS: - - A. "Confidential Information" means all Materials (as defined below), - including without limitation, any Pre-Release Materials, 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 a similar - legend. - - B. "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). - - C. "IPP Sample Source" is the Source Code file(s) that: (i) demonstrates - certain limited functions included in the binary libraries of the Intel(R) - Integrated Performance Primitives ("Intel(R) IPP"); (ii) is identified as - Intel IPP sample source code; (iii) is obtained separately from Intel after - You register Your copy of the Intel(R) IPP product with Intel; and (iv) is - subject to all of the terms and conditions of this Agreement. - - D. "Licensed Patent Claims" means 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 is in - its 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. - - E. "Materials" are defined as the software, documentation, the software - product serial number and license key codes (if applicable), 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, and Pre-Release Materials, as defined below - but do not include Third Party Programs. - - F. "Microsoft Platforms" means 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. - - G. "Redistributables" are the files listed in the following text files that - may be included in the Materials for the applicable Intel Software - Development Product: clredist.txt, credist.txt, fredist.txt, redist.txt, and - redist-rt.txt. - - H. "Sample Source Code" is those portions of the Materials that are Source - Code files and are identified as sample source code, including without - limitation, the IPP Sample Source. - - I. "Source Code" is defined as the software (and not documentation or text) - portion of the Materials provided in human readable format, and includes - modifications that You make or are made on Your behalf as expressly permitted - under the terms of this Agreement. - - J. "Third Party Programs" (if any) are the files listed in the - "third-party-programs.txt" text file that may be included in the Materials - for the applicable software. - - K. "Your Product" means one or more applications or products developed by or - for You using the Materials. - - -2. CONSENT. You agree that Intel, its subsidiaries or suppliers may collect and -use technical and related information, including but not limited to the software -product serial number, technical information about Your computer, system and -application software, and peripherals, that is gathered periodically to -facilitate the provision of software updates, product support and other services -to You (if any) related to the Materials, and to verify compliance with the -terms of this Agreement. Intel may use this information, as long as it is in a -form that does not personally identify You, to improve our products or to -develop and provide services or technologies. - -3. LICENSE GRANT: - -3.1 Subject to the terms and conditions of this Agreement, and timely -payment of any fees (if applicable), Intel grants You a non-exclusive, -worldwide, perpetual, non-assignable (except as expressly permitted hereunder), -limited right and license: - -A. under its copyrights, to: - - (1) reproduce internally copies of the Materials for your internal use in - accordance with the applicable license rights and restrictions specified in - Section 4.D below; provided, however, that this license does not include the - right to sublicense and may only be exercised by You or Your employees and - only within Your facilities; - - (2) use the Materials solely for Your internal use to develop Your - Product, in accordance with the applicable license rights and restrictions - specified in Section 4.D below and 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 and only within Your facilities; - - (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 and only within Your facilities; - - (4) publicly perform, 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 3.1.A(3), - or any portions thereof, subject to the following restrictions: - - (i) any distribution of the Redistributables must only be as part of - Your Product which must add significantly more functionality than the +(Version May 2018) + +IMPORTANT INFORMATION ABOUT YOUR RIGHTS, OBLIGATIONS AND THE USE OF YOUR DATA - +PLEASE READ AND AGREE BEFORE COPYING, INSTALLING 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 copying, installing, distributing, publicly displaying, 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 copy, +install, distribute, publicly display, or 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. + +1. LICENSE DEFINITIONS. + + A. "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 a similar legend. + + B. "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). + + C. "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. + + D. "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, and Pre-Release Materials, + as defined below, but do not include Third Party Programs. + + E. "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. + + F. "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. + + G. "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." + + H. "Sample Source Code" means those portions of the Materials that are + Source Code files and are identified as sample source code. + + I. "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. + + J. "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. + + K. "Your Product" means one or more commercial applications or products + developed by or for You using the Materials. + + L. "Your Project" means one or more noncommercial applications, which may + include 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 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.G 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 (but 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, Your customer + (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 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 internal evaluation, business or personal + use 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; - - (ii) any additional restrictions which may appear in the - Redistributables text files specified in Section 1.G above and in - Section 4 below; and - - (iii) the license under Section 3.1.A(4) includes the right to - sublicense the Redistributables, but the sublicense rights are - limited to 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. IF YOU RECEIVED THE MATERIALS FOR EVALUATION, - HOWEVER, YOU HAVE NO RIGHTS TO DISTRIBUTE THE REDISTRIBUTABLES, - INCLUDING WITHOUT LIMITATION, ANY PORTIONS, MODIFICATIONS OR - DERIVATIVE WORKS. - ; and - -B. under Intel's Licensed Patent Claims, to: - - (1) make copies of the Materials internally only; - - (2) use the Materials internally only; 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 3.1(A), but only under the terms of that copyright - license and not as a sale (but this right does not include the right to - sub-license); - - (4) provided, further, that the license under the Licensed Patent Claims - does not and will not apply to any modifications to, or derivative works of, - the Materials, whether made by You, Your customer (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 3.1(A)(3). - -3.2 If the Materials You receive are packaged, as a single orderable item -(i.e., as a single SKU), with hardware that includes one or more Intel -manufactured microprocessors ("Intel Target Hardware"), then the licenses -granted in Section 3.1 above are restricted to the sole purpose of producing and -releasing Your Product to execute on computer systems that include the same or -new versions of the Intel manufactured microprocessor included in the Intel -Target Hardware. - -Intel expressly does not grant You a patent license in this Agreement to any -modifications or derivative works of the Materials, whether made by You, Your -contractor, Your customer, or any other third party in creating the derivative -works even to the extent creation of derivative works is permitted under Section -3.1(A)(3) above. - - -4. LICENSE CONDITIONS: - - A. If You are an entity, each of Your employees and Your contractors may use - the Materials as specified in Section 3 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. If Your Product is a software development library, then attribution (if - any), as specified in the product release notes of the corresponding - Materials shall be displayed prominently in Your Product's associated - documentation and on the web site (if any) for Your Product. - - C. If You receive Your first copy of the Materials electronically, and a - second copy on media, then you may use the second copy only in accordance - with Your applicable license stated in this Agreement, or for backup or - archival purposes. You may not provide the second copy to another user. - - D. 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; or (xi) modify, - create a derivative work, link, or distribute the Materials so that any part - of it becomes subject to an Excluded License. - - E. The scope and term of Your license depends on the type of license You are - provided by Intel. The variety of license types are set forth below, which - may not be available for all "Intel(R) Software Development Products" and - therefore may not apply to the particular Materials You are licensing. For - more information on the types of licenses, please contact Intel or Your sales - representative. - - i. PRE-RELEASE LICENSE: If the Materials, or portions thereof, are identified - (in the product release notes, on Intel's download website for the Materials - or elsewhere) or labeled as pre-release ("Pre-Release Materials"), (a) the - Pre-Release Materials are deemed to be pre-release code (e.g., alpha or beta - release, etc.), which may not be fully functional and which Intel may - substantially modify in development of a commercial version, and for which - Intel makes no assurances that it will ever develop or make generally - available a commercial version,and (b) You have the right to use the - Pre-Release Materials only for the duration of the pre-release term, which is - specified in the product release notes, on Intel's download website for the - Materials or elsewhere, or until the commercial release, if any, of the - Pre-Release Materials, whichever is shorter, and (c) Your right to use the - Pre-Release Material is also restricted to the license type (i.e., Evaluation - License, Named-User License, Floating License, specified below) issued to You - for the Pre-Release Materials. - - ii. EVALUATION LICENSE: If You obtained the Materials pursuant to an - evaluation license, You may use the Materials only for internal evaluation - purposes and only for the term of the evaluation period, as specified on - Intel's download website or which may be controlled by the license key for - the Materials. NOTWITHSTANDING ANYTHING TO THE CONTRARY ELSEWHERE IN THIS - AGREEMENT, YOU MAY NOT DISTRIBUTE ANY PORTION OF THE MATERIALS, AND THE - APPLICATION AND/OR PRODUCT DEVELOPED BY YOU MAY ONLY BE USED FOR EVALUATION - PURPOSES AND ONLY FOR THE TERM OF THE EVALUATION. You may install copies of - the Materials on a reasonable number of computers to conduct Your evaluation - provided that You are the only individual using the Materials and only one - copy of the Materials is in use at any one time. A separate license key is - required for each additional use and/or individual user in all other cases, - including without limitation, use by persons, computer systems, and other use - methods known now and in the future. Intel may provide You with a license - key that enables the Materials for an evaluation license. If You are an - entity, Intel grants You the right to designate one individual within Your - organization to have the sole right to use the Materials in the manner - provided above. - - iii. NONCOMMERCIAL USE LICENSE: If You obtained the Materials under a - noncommercial use license, You may use the Materials only for non-commercial - use where You receive no fee, salary or any other form of compensation. The - Materials may not be used for any other purpose, whether "for profit" or "not - for profit." Any work performed or produced as a result of use of the - Materials cannot be performed or produced for the benefit of other parties - for a fee, compensation or any other reimbursement or remuneration. You may - install copies of the Materials on an unlimited number of computers provided - that You are the only individual using the Materials and only one copy of the - Materials is in use at any one time. A separate license is required for each - additional use and/or individual user in all other cases, including without - limitation, use by persons, computer systems, and other methods of use known - now and in the future. Intel will provide You with a license key that - enables the Materials for a noncommercial-use license. If You obtained a - time-limited noncommercial-use license, the duration (time period) of Your - license and Your ability to use the Materials is limited to the time period - of the obtained license, which is specified on Intel's download website, - specified in the applicable documentation or controlled by the license key - for the Materials. - - iv. NAMED-USER LICENSE: If You obtained the Materials under a named-user - license, You may allow only one (1) individual to install and use the - Materials on no more than three (3) computers provided that same individual - is using the Materials only on one (1) computer at a time. If You obtained a - time-limited named-user license, the term of Your license and your ability to - use the Materials is limited to the time period of the obtained license, - which is specified on Intel's download website, specified in the applicable - documentation or controlled by the license key for the Materials. - - v. NODE-LOCKED LICENSE: If You obtained the Materials under a node-locked - license, You may use the Materials only on a single designated computer by no - more than the authorized number of concurrent users. If You obtained a - time-limited node-locked license, the term of Your license and Your ability - to use the Materials is limited to the time period of the obtained license, - which is specified on Intel's download website, specified in the applicable - documentation or controlled by the license key for the Materials. - - vi. FLOATING LICENSE: If You obtained the Materials under a floating license, - you may (a) install the Materials on an unlimited number of computers that - are connected to the designated network and (b) use the Material by no more - than the authorized number of concurrent individual users. If You obtained a - time-limited Floating license key, the term of Your license and Your ability - to use the Materials is limited to the time period of the obtained license, - which is specified on Intel's download website, specified in the applicable - documentation or controlled by the license key for the Materials. - - F. DISTRIBUTION: Distribution of the Redistributables is also subject to the - following limitations: You (i) will be solely responsible to Your customers for - any update, support obligation or other liability which may arise from the - distribution, (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 a license agreement with distribution of the Redistributables that - prohibits disassembly and reverse engineering of the Redistributables, (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. - - G. INTEL(R) INTEGRATED PERFORMANCE PRIMITIVES ("INTEL IPP"). The following terms - and conditions apply only to the Intel IPP. - - i. Notwithstanding anything in this Agreement to the contrary, if You - implement Intel IPP Sample Source Code in Your Product or if You use Intel - IPP to implement algorithms that are the intellectual property of third - parties, then you may need additional licenses from such entities.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. - - ii. Notwithstanding anything herein to the contrary, a valid license to Intel - IPP is a prerequisite to any license for Intel IPP Sample Source Code, and - possession of Intel IPP Sample Source Code does not grant any license to - Intel IPP (or any portion thereof). To access Intel IPP Sample Source Code, - You must first register Your licensed copy of the Intel IPP with Intel. By - downloading, installing or copying any Intel IPP Sample Source Code file, You - agree to be bound by terms of this Agreement. - - H. 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 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. - - I. MATERIALS TRANSFER: Except for the Pre-Release Licenses or Evaluation - Licenses or Non-Commercial Licenses, as specified above, You may permanently - transfer the Materials you received pursuant to a license type listed in Section - 4(D) 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, JF1-15 - -5. PRIVACY: - - A. Data Collection: Intel has collected or will collect certain personal - information from You in order to inform You of updates to the Materials, based - on the personal information collected when You registered the license to the - Materials with Intel. - - B. Revoking Consent to Data Collection: You can revoke Your consent to this - collection of personal information at any time by clicking on the link to - "unsubscribe" at the bottom of any communication from Intel related to the - Materials which will allow You to opt-out of receiving future messages related - to the Materials. - - C. 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 + + (2) any additional restrictions which may appear in the Redistributables + text files specified in Section 1.G above and in Section 4 below; and + + (3) the license under 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. + + A. Single Named-User License. If You obtain the Materials under a single + named-user license type, You may install the Materials on no more than three + (3) computers for use by a single user, provided that same user is using the + Materials only on one (1) computer at a time, 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 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 (a) install the Materials on an unlimited number of computers + that are connected to the designated network and (b) use the Materials 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"), the files specified in that text file may be + installed on computer systems located only at a single site, and those files + may be accessed or used by an unlimited number of concurrent users, subject + to their compliance with all of the terms and conditions of this Agreement. + This is a perpetual license. + + D. Community License. If You obtain the Materials under a community license + type, You may install the Materials on no more than three (3) computers for + use by a single user, provided that same user is using the Materials only on + one (1) computer at a time, subject to their 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 install the Materials on no more than three (3) + computers for use by a single user, provided that same user is using the + Materials only on one (1) computer at a time, subject to their 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 install the Materials on an + unlimited number of computers for use by a single user, provided that same + user is using the Materials only on one (1) computer at a time, subject to + their 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 install the + Materials on no more than three (3) computers for use by a single user, + provided that same user is using the Materials only on one (1) computer at + a time, subject to their 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 install the Materials on an + unlimited number of computers that are connected to a designated network + and have no more than the authorized number of concurrent individual users + use the Materials, 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; or (xi) modify, create a derivative work, link, or distribute the +Materials so that any part of it becomes subject to an Excluded License. + +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 Contractor Use. 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. + +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 +received 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 @@ -412,9 +508,9 @@ 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 +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 @@ -422,53 +518,48 @@ 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. Intel may in its sole discretion offer such support, update -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 sales -representative. - -8. LIMITATION OF LIABILITY: Neither Intel nor its suppliers shall be liable for -any damages whatsoever (including, without limitation, damages for loss of -business profits, business interruption, loss of business information, or other -loss) arising out of the use of or inability to use the Materials, 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. - -9. UNAUTHORIZED USE: The Materials are 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). Should You use -the Materials for any such unintended or unauthorized use, You hereby indemnify, -defend, and hold Intel and its officers, subsidiaries and affiliates harmless -against all claims, costs, damages, expenses, and reasonable attorney fees -arising out of, directly or indirectly, such use and any claim of product -liability, personal injury or death associated with such unintended or -unauthorized use, even if such claim alleges that Intel was negligent regarding -the design or manufacture of the Materials. - -10. 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 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. +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 Licensee's 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 Licensee's 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 @@ -479,18 +570,18 @@ 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. -11. NON-DISCLOSURE: The following provisions will apply if there is no existing -non-disclosure agreement between You and Intel. You will maintain the -confidentiality of the Confidential Information (if any) 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 not disclose the Confidential Information to any -employees or to any third parties except 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 -entity. For the purposes of this Agreement, the term "employee" will include +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 +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 @@ -504,23 +595,23 @@ 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. -12. TERMINATION OF THIS LICENSE: This Agreement becomes effective on the date +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 license key code 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 14 will survive expiration or termination of this Agreement. - -13. U.S. GOVERNMENT RESTRICTED RIGHTS: The technical data and computer software +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 @@ -532,97 +623,101 @@ 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 +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. -14. GENERAL PROVISIONS - - A. 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 (e.g., "End User License - Agreement for the Intel(R) software and version, i.e., March 2015). 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. - - B. EXPORT. You must comply with all laws and regulations of the United States - and other countries governing the export, re-export, import, transfer, - distribution, use, and servicing of Software. In particular, You must not: - (a) sell or transfer Software to a country subject to sanctions, or to any - entity listed on a denial order published by the United States government or - any other relevant government; or (b) use, sell, or transfer Software for the - development, design, manufacture, or production of nuclear, missile, chemical - or biological weapons, or for any other purpose prohibited by the United - States government or other applicable government; without first obtaining all - authorizations required by all applicable laws. For more details on Your - export obligations, please visit - http://www.intel.com/content/www/us/en/legal/export-compliance.html?wapkw=export. - - - C. 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. - - D. 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. - - +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 May 2018)); except that Intel may make changes to the +Agreement as it distributes new versions of the Materials. When these 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. 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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 - + Common Public License Version 1.0 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF -THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. +THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. -1. DEFINITIONS +1. DEFINITIONS "Contribution" means: a) in the case of the initial Contributor, the initial code and - documentation distributed under this Agreement, and + documentation distributed under this Agreement, and b) in the case of each subsequent Contributor: i) changes to the Program, and @@ -636,18 +731,18 @@ THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program. -"Contributor" means any person or entity that distributes the Program. +"Contributor" means any person or entity that distributes the Program. "Licensed Patents " mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program. "Program" means the Contributions distributed in accordance with this -Agreement. +Agreement. "Recipient" means anyone who receives the Program under this -Agreement, including all Contributors. - +Agreement, including all Contributors. + 2. GRANT OF RIGHTS a) Subject to the terms of this Agreement, each Contributor hereby @@ -690,7 +785,7 @@ Agreement, including all Contributors. 3. REQUIREMENTS A Contributor may choose to distribute the Program in object code form -under its own license agreement, provided that: +under its own license agreement, provided that: a) it complies with the terms and conditions of this Agreement; and @@ -723,7 +818,7 @@ Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution. -4. COMMERCIAL DISTRIBUTION +4. COMMERCIAL DISTRIBUTION Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the @@ -760,7 +855,7 @@ alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor -must pay those damages. +must pay those damages. 5. NO WARRANTY @@ -774,9 +869,9 @@ distributing the Program and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and -unavailability or interruption of operations. +unavailability or interruption of operations. -6. DISCLAIMER OF LIABILITY +6. DISCLAIMER OF LIABILITY EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, @@ -785,7 +880,7 @@ WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED -HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. +HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7. GENERAL @@ -794,7 +889,7 @@ applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and -enforceable. +enforceable. If Recipient institutes patent litigation against a Contributor with respect to a patent applicable to software (including a cross-claim or @@ -817,7 +912,7 @@ and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive. - + Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward @@ -835,7 +930,7 @@ the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not -expressly granted under this Agreement are reserved. +expressly granted under this Agreement are reserved. 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