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license.txt
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1997-03-25
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SOFTWARE USE AND DISTRIBUTION LICENSE AGREEMENT
IMPORTANT: By opening this package or installing, distributing or using
the Software, you agree to the terms of this Agreement. Do not open this
package until you have carefully read and agreed to the following terms and
conditions. If you do not agree to the terms of this Agreement, promptly
return the unopened package.
Please Also Note:
- If you are an OEM, the complete LICENSE AGREEMENT applies
- If you are an End-User, Exhibit A, the INTEL LICENSE AGREEMENT, applies
Subject to the terms of this Agreement, Intel grants You the right to copy
and distribute the enclosed software ("Software"):
1.1 LIMITED COPYRIGHT LICENSE: Subject to the terms of this Agreement,
Intel grants to You a nonexclusive, nontransferable, worldwide,
fully paid-up license under Intel copyrights to:
a) reproduce Software internally for Your own development and
maintenance purposes; and
b) reproduce and distribute Software to Your end-users, but
only under a license agreement with terms at least as
restrictive as those contained in Intel's End-User License
Agreement, attached as Exhibit A; and
c) modify, copy and distribute the end-user documentation
which may accompany the Software.
1.2 You shall not otherwise assign, sublicense, lease, or in any other
way transfer or disclose Software to any third party.
1.3 You shall not reverse- compile, disassemble or otherwise
reverse-engineer the Software.
1.4 If You are not the final manufacturer or vendor of a computer
system incorporating the Software, then You may transfer a copy of
the Software (and related end-user documentation) to Your recipient
for use in accordance with the terms of this Agreement, provided
such recipient agrees to be bound by the terms hereof.
1.5 Except as stated in this Section 1, no license or right is granted
to You directly or by implication, estoppel or otherwise.
2. ADDITIONAL CONDITIONS
2.1 Software and all copies of each are and will remain the property of
Intel or its suppliers. You will reproduce and include all
copyright, proprietary information notices, or other notices
appearing on Software on all copies.
2.2 If You distribute Software to the U.S. Government or contractor, You
must include the following legend on the distributed copies):
"Use, duplication, and disclosure by the Government is subject to
restrictions set forth in FAR 52.227-14, DFARS 252.227-7013 or
their successors."
3. CONFIDENTIALITY
3.1 If You wish to have a third party consultant or subcontractor
("Contractor") perform work which involves access to Software, You
shall obtain a written confidentiality agreement from the
Contractor which contains terms and obligations with respect to
Software no less restrictive than those set forth in this Agreement
and excluding any distribution rights.
3.2 You may not disclose the terms or existence of this Agreement or
use Intel's name in any publications, advertisements, or other
announcements without Intel's prior written consent. You do not
have any rights to use Intel's trademarks.
4. AUDIT RIGHTS
Intel shall have the right to inspect or have an independent
auditor inspect Your relevant records to verify Your compliance
with the terms and conditions of this Agreement.
5. LIMITED WARRANTY AND DISCLAIMERS
5.1 IF THE MEDIUM ON WHICH THE SOFTWARE IS PROVIDED IS FOUND TO BE
DEFECTIVE WITHIN NINETY (90) DAYS OF INTEL'S DELIVERY, INTEL WILL
REPLACE IT.
5.2 EXCEPT FOR SECTION 5.1 ABOVE, INTEL MAKES NO WARRANTY OF ANY
KIND REGARDING THE SOFTWARE. THE SOFTWARE IS LICENSED TO YOU ON
AN "AS IS" BASIS AND INTEL WILL NOT PROVIDE ANY SUPPORT,
ASSISTANCE, INSTALLATION, TRAINING OR OTHER SERVICES. INTEL WILL
NOT PROVIDE ANY UPDATES, ENHANCEMENTS OR EXTENSIONS. INTEL
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 NO LIABILITY: INTEL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE OF ANY KIND, INCLUDING
BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF USE, OR LOSS OF DATA,
ARISING UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
5.4 NO INDEMNIFICATION. The Software is provided "AS IS", and Intel
specifically disclaims any warranty or representation that use of the Software
will not infringe any intellectual property rights of any third party.
6. TERM AND TERMINATION
6.1 You may terminate this Agreement and the license granted herein at
any time by notifying Intel in writing. If You fail to abide by the material
provisions of this Agreement, Intel may immediately terminate this Agreement
by written notice to You. Intel's right to terminate is in addition to any
other rights Intel may have.
6.2 If this Agreement is terminated for any reason, You will cease
distribution of Software copies and within thirty (30) days following
termination, either return to Intel or destroy all copies of Software and
certify to Intel that they have been destroyed.
7. GENERAL
7.1 This Agreement shall be governed by the laws of the United States and
the State of Delaware excluding its conflict of laws provisions.
7.2 The Software may be controlled for export purposes by the U.S.
Government. You will not export, either directly or indirectly, any Software
without Intel's prior consent and without first obtaining any required
license or other approval from the U.S. Department of Commerce or any other
agency or department of the United States Government as required.
7.3 This is the entire agreement between You and Intel relating to this
subject matter, and no amendments or modifications will be effective unless
in a writing signed by authorized representatives of both parties.
7.4 You may not assign this Agreement or any part of it except with Intel's
prior written consent.
EXHIBIT A
INTEL LICENSE AGREEMENT
IMPORTANT: By opening this package or installing or using the Software, you
agree to the terms of this Agreement. Do not open this package until you have
carefully read and agreed to the following terms and conditions. If you do
not agree to the terms of this Agreement, promptly return the unopened package.
LICENSE: Intel grants you the right to copy the software on the enclosed disc
("Software") onto a single computer for Your internal use. You will not use,
copy, modify, sell or transfer any part of the Software except as provided in
this Agreement. Other rights may be granted to you in writing inside the
package.
RESTRICTIONS: Except as specifically permitted in writing, you shall not:
1. Copy the Software except as provided in this Agreement.
2. Sublicense or permit simultaneous use of the Software by more than one user.
3. Distribute, transfer or otherwise provide the software to a third party
except as provided in this Agreement.
4. Reverse engineer, decompile, or disassemble the Software.
OWNERSHIP AND COPYRIGHT OF SOFTWARE: Title to the Software and all copies
thereof remain with Intel or its suppliers. The Software is copyrighted and
is protected by United States copyright laws and international treaty
provisions. You will not remove the copyright notice from the Software. You
agree to prevent any unauthorized copying of the Software. Except as expressly
provided herein, Intel does not grant any express or implied right to you under
Intel patents, copyrights, trademarks, or trade secret information.
LIMITATION OF LIABILITY: THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS
OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR
PURPOSE. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE FOR ANY
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION,) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INTEL HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
TRANSFER: You may transfer the Software if the recipient agrees to the terms
of this Agreement and you retain no full or partial copies of the Software and
accompanying documentation on any media. Transfer of the license ends Your
right to use the Software.
U.S. GOVERNMENT RESTRICTED RIGHTS: The Software and documentation are provided
with "RESTRICTED RIGHTS." Use, duplication or disclosure by the Government
is subject to restrictions as set forth in FAR52.227- 14 and DFAR252.227-7013
et seq. or its successor. Use of this Software by the Government constitutes
acknowledgment of Intel's proprietary rights in the Software.
APPLICABLE LAWS: This Agreement is governed by the laws of the state of
Delaware and the U.S.A. You may not export the Software in violation of U.S.
export laws and regulations.