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(OEM/IHV Distribution & Single User)
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING. Do not use or load this software and any associated materials (collectively, the "Software") until you have carefully read the
following terms and conditions. By loading or using the Software,
you agree to the terms of this Agreement. If you do not wish to so
agree, do not install or use the Software.
Please Also Note:
 | If you are an Original Equipment Manufacturer (OEM) or Independent Hardware Vendor (IHV), this complete LICENSE
AGREEMENT applies; | |
| If you are an End-User, then only Exhibit A, the INTEL SOFTWARE LICENSE AGREEMENT, applies. | |
|
For OEMs and IHVs:
LICENSE. Subject to the terms of this Agreement, Intel
grants to You a nonexclusive, nontransferable, worldwide,
fully paid-up license under Intel's copyrights to:
a) | use and copy Software internally for Your own development and maintenance purposes; and | |
| b) | copy and distribute Software, including derivative works of the Software, to Your end-users, but only under a license agreement with terms at least as restrictive as those contained in Intel's Final, Single-User License Agreement, attached as Exhibit A; and | |
| c) | modify, copy and distribute the end-user documentation that may accompany the Software, but only in association with the Software. | |
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If You are not the final manufacturer or vendor of a computer system or software program incorporating the Software, then You may transfer a copy of the Software, including derivative works 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 fully bound by the terms hereof. You shall not otherwise assign, sublicense, lease or in any other way transfer or disclose Software to any third party. You shall not reverse-compile, disassemble or otherwise reverse-engineer the Software.
Except as expressly stated in this Agreement, no license or right is granted to You directly or by implication, inducement, estoppel or otherwise. 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.
CONFIDENTIALITY. If You wish to have a third-party
consultant or subcontractor ("Contractor") perform work on
Your behalf that involves access to or use of Software,
You shall obtain a written confidentiality agreement from
the Contractor that contains terms and obligations with
respect to access to or use of Software no less restrictive
than those set forth in this Agreement and excluding any
distribution rights, and use for any other purpose.
Otherwise, You shall not disclose the terms or existence of
this Agreement or use Intel's name in any publications,
advertisements or other announcements without Intel's
prior written consent. You do not have any rights to use
any Intel trademarks or logos.
OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies
of the Software remains with Intel or its suppliers. The
Software is copyrighted and protected by the laws of the
United States and other countries, and by international
treaty provisions. You may not remove any copyright notices
from the Software. Intel may make changes to the Software,
or to items referenced therein, at any time without notice,
but is not obligated to support or update the Software.
Except as otherwise expressly provided, Intel grants no
express or implied right under Intel patents, copyrights,
trademarks or other intellectual property rights. You may
transfer the Software only if the recipient agrees to be
fully bound by these terms and if you retain no copies of
the Software.
LIMITED MEDIA WARRANTY. If the Software has been delivered
by Intel on physical media, Intel warrants the media to be
free from material, physical defects for a period of ninety
days after delivery by Intel. If such a defect is found,
return the media to Intel for replacement or alternate
delivery of the Software as Intel may select.
EXCLUSION OF OTHER WARRANTIES. EXCEPT AS PROVIDED ABOVE,
THE SOFTWARE IS PROVIDED "AS IS," WITHOUT ANY EXPRESS OR
IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF
MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A
PARTICULAR PURPOSE. Intel does not warrant or assume
responsibility for the accuracy or completeness of any
information, text, graphics, links or other items
contained within the Software.
LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS
SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR
LOST INFORMATION) RESULTING FROM THE USE OF OR INABILITY TO
USE THE SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT
EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES
OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER
LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
TERMINATION OF THIS AGREEMENT. Intel may terminate this
Agreement at any time if you violate its terms. Upon
termination, you will immediately destroy the Software or
return all copies of the Software to Intel.
APPLICABLE LAWS. Claims arising under this Agreement shall
be governed by the laws of California, excluding its
principles of conflict of laws and the United Nations
Convention on Contracts for the Sale of Goods. You may not
export the Software in violation of applicable export laws
and regulations. Intel is not obligated under any other
agreements unless they are in writing and signed by an
authorized representative of Intel.
GOVERNMENT RESTRICTED RIGHTS. The Software is provided
with "RESTRICTED RIGHTS." Use, duplication or disclosure
by the Government is subject to restrictions as set forth
in FAR52.227-14 and DFAR252.227-7013 et seq. or its
successor. Use of the Software by the Government
constitutes acknowledgment of Intel's proprietary rights
therein. Contractor or Manufacturer is Intel Corporation,
2200 Mission College Blvd., Santa Clara, CA 95052.
EXHIBIT "A"
INTEL SOFTWARE LICENSE AGREEMENT (Final, Single User)
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
Do not use or load this software and any associated
materials (collectively, the "Software") until you have
carefully read the following terms and conditions. By
loading or using the Software, you agree to the terms of
this Agreement. If you do not wish to so agree, do not
install or use the Software.
LICENSE. You may copy the Software onto a single computer
for your personal, non-commercial use, and you may make one
back-up copy of the Software, subject to these conditions:
| 1. | You may not copy, modify, rent, sell, distribute or transfer any part of the Software except as provided in this Agreement, and you agree to prevent unauthorized copying of the Software. | |
| 2. | You may not reverse-engineer, decompile or disassemble the Software. | |
| 3. | You may not sublicense or permit simultaneous use of the Software by more than one user. | |
| 4. | The Software may contain the software or other property of third-party suppliers, some of which may be identified in, and licensed in accordance with, any enclosed "license.txt" file or other text or file. | |
|
OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies
of the Software remains with Intel or its suppliers. The
Software is copyrighted and protected by the laws of the
United States and other countries, and international treaty
provisions. You may not remove any copyright notices from
the Software. Intel may make changes to the Software, or to
items referenced therein, at any time without notice, but
is not obligated to support or update the Software. Except
as otherwise expressly provided, Intel grants no express or
implied right under Intel patents, copyrights, trademarks
or other intellectual property rights. You may transfer the
Software only if the recipient agrees to be fully bound by
these terms and if you retain no copies of the Software.
LIMITED MEDIA WARRANTY. If the Software has been delivered
by Intel on physical media, Intel warrants the media to be
free from material, physical defects for a period of ninety
days after delivery by Intel. If such a defect is found,
return the media to Intel for replacement or alternate
delivery of the Software as Intel may select.
EXCLUSION OF OTHER WARRANTIES. EXCEPT AS PROVIDED ABOVE,
THE SOFTWARE IS PROVIDED "AS IS," WITHOUT ANY EXPRESS OR
IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF
MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A
PARTICULAR PURPOSE. Intel does not warrant or assume
responsibility for the accuracy or completeness of any
information, text, graphics, links or other items contained
within the Software.
LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS
SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR
LOST INFORMATION) RESULTING FROM THE USE OF OR INABILITY TO
USE THE SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT
EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES
OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER
LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
TERMINATION OF THIS AGREEMENT. Intel may terminate this
Agreement at any time if you violate its terms. Upon
termination, you will immediately destroy the Software or
return all copies of the Software to Intel.
APPLICABLE LAWS. Claims arising under this Agreement shall
be governed by the laws of California, excluding its
principles of conflict of laws and the United Nations
Convention on Contracts for the Sale of Goods. You may not
export the Software in violation of applicable export laws
and regulations. Intel is not obligated under any other
agreements unless they are in writing and signed by an
authorized representative of Intel.
GOVERNMENT RESTRICTED RIGHTS. The Software is provided
with "RESTRICTED RIGHTS." Use, duplication or disclosure
by the Government is subject to restrictions as set forth
in FAR52.227-14 and DFAR252.227-7013 et seq. or its
successor. Use of the Software by the Government
constitutes acknowledgment of Intel's proprietary rights
therein. Contractor or Manufacturer is Intel Corporation,
2200 Mission College Blvd., Santa Clara, CA 95052.
SLAOEMIHV/RBK/November 4, 1998
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