208 lines
12 KiB
Plaintext
208 lines
12 KiB
Plaintext
|
TERMS AND CONDITIONS
|
|||
|
|
IMPORTANT - PLEASE READ BEFORE INSTALLING OR USING THIS INTEL(C) SOFTWARE
|
|||
|
|
|
|||
|
|
Do not use or load this firmware (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.
|
|||
|
|
|
|||
|
|
LICENSEES:
|
|||
|
|
|
|||
|
|
Please note:
|
|||
|
|
|
|||
|
|
* If you are an End-User, only Exhibit A, the SOFTWARE LICENSE AGREEMENT,
|
|||
|
|
applies.
|
|||
|
|
* If you are an Original Equipment Manufacturer (OEM), Independent Hardware
|
|||
|
|
Vendor (IHV), or Independent Software Vendor (ISV), this complete Agreement
|
|||
|
|
applies
|
|||
|
|
|
|||
|
|
--------------------------------------------------------------------------------
|
|||
|
|
|
|||
|
|
For OEMs, IHVs, and ISVs:
|
|||
|
|
|
|||
|
|
LICENSE. This Software is licensed for use only in conjunction with Intel
|
|||
|
|
component products. Use of the Software in conjunction with non-Intel component
|
|||
|
|
products is not licensed hereunder. Subject to the terms of this Agreement,
|
|||
|
|
Intel grants to you a nonexclusive, nontransferable, worldwide, fully paid-up
|
|||
|
|
license under Intel's copyrights to: (i) copy the Software internally for your
|
|||
|
|
own development and maintenance purposes; (ii) copy and distribute 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 (iii) modify, copy and distribute the end-user
|
|||
|
|
documentation which may accompany the Software, but only in association with
|
|||
|
|
the Software.
|
|||
|
|
|
|||
|
|
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 any related documentation (modified or unmodified) 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 may not, nor may you assist any other person or entity to
|
|||
|
|
modify, translate, convert to another programming language, decompile, reverse
|
|||
|
|
engineer, or disassemble any portion of the Software or otherwise attempt to
|
|||
|
|
derive source code from any object code modules of the Software or any internal
|
|||
|
|
data files generated by the Software. Your rights to redistribute the Software
|
|||
|
|
shall be contingent upon your installation of this Agreement in its entirety in
|
|||
|
|
the same directory as the Software.
|
|||
|
|
|
|||
|
|
CONFIDENTIALITY. If you wish to have a third party consultant or subcontractor
|
|||
|
|
("Contractor") perform work on your behalf which involves access to or use of
|
|||
|
|
Software, you shall obtain a written confidentiality agreement from the
|
|||
|
|
Contractor which contains provisions with respect to access to or use of the
|
|||
|
|
Software no less restrictive than those set forth in this Agreement and
|
|||
|
|
excluding any distribution rights, and use for any other purpose. Except as
|
|||
|
|
expressly provided herein, 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. Software and accompanying materials, if
|
|||
|
|
any, are owned by Intel or its suppliers and licensors and may be protected by
|
|||
|
|
copyright, trademark, patent and trade secret law and international treaties.
|
|||
|
|
Any rights, express or implied, in the intellectual property embodied in the
|
|||
|
|
foregoing, other than those specified in this Agreement, are reserved by Intel
|
|||
|
|
and its suppliers and licensors or otherwise as set forth in any applicable
|
|||
|
|
open source license agreement. You will keep the Software free of liens,
|
|||
|
|
attachments, and other encumbrances. You agree not to remove any proprietary
|
|||
|
|
notices and/or any labels from the Software and accompanying materials without
|
|||
|
|
prior written approval by Intel
|
|||
|
|
|
|||
|
|
LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS AND LICENSORS
|
|||
|
|
BE LIABLE FOR ANY DAMAGES WHATSOEVER FROM ANY CAUSE OF ACTION OF ANY KIND
|
|||
|
|
(INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST
|
|||
|
|
INFORMATION) ARISING OUT OF THE USE, MODIFICATION, OR INABILITY TO USE THE
|
|||
|
|
INTEL SOFTWARE, OR OTHERWISE, NOR FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR
|
|||
|
|
SPECIAL DAMAGES OF ANY KIND, EVEN IF INTEL OR ITS SUPPLIERS AND LICENSORS HAS
|
|||
|
|
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT
|
|||
|
|
EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES, CONSEQUENTIAL OR
|
|||
|
|
INCIDENTAL DAMAGES, SO CERTAIN LIMITATIONS MAY NOT APPLY. YOU MAY ALSO HAVE
|
|||
|
|
OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS.
|
|||
|
|
|
|||
|
|
EXCLUSION OF WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" AND POSSIBLY WITH
|
|||
|
|
FAULTS. UNLESS EXPRESSLY AGREED OTHERWISE, INTEL AND ITS SUPPLIERS AND
|
|||
|
|
LICENSORS DISCLAIM ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED OR
|
|||
|
|
OTHERWISE, INCLUDING BUT NOT LIMITED TO THE 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. You assume
|
|||
|
|
all liability, financial or otherwise, associated with Your use or disposition
|
|||
|
|
of the Software.
|
|||
|
|
|
|||
|
|
APPLICABLE LAW. Claims arising under this Agreement shall be governed by the
|
|||
|
|
laws of State of California], excluding its principles of conflict of laws and
|
|||
|
|
the United Nations Convention on Contracts for the Sale of Goods.
|
|||
|
|
|
|||
|
|
WAIVER AND AMENDMENT. No modification, amendment or waiver of any provision of
|
|||
|
|
this Agreement shall be effective unless in writing and signed by an officer of
|
|||
|
|
Intel. No failure or delay in exercising any right, power, or remedy under
|
|||
|
|
this Agreement shall operate as a waiver of any such right, power or remedy.
|
|||
|
|
Without limiting the foregoing, terms and conditions on any purchase orders or
|
|||
|
|
similar materials submitted by you to Intel, and any terms contained in Intels
|
|||
|
|
standard acknowledgment form that are in conflict with these terms, shall be of
|
|||
|
|
no force or effect.
|
|||
|
|
|
|||
|
|
SEVERABILITY. If any provision of this Agreement is held by a court of
|
|||
|
|
competent jurisdiction to be contrary to law, such provision shall be changed
|
|||
|
|
and interpreted so as to best accomplish the objectives of the original
|
|||
|
|
provision to the fullest extent allowed by law and the remaining provisions of
|
|||
|
|
this Agreement shall remain in full force and effect.
|
|||
|
|
|
|||
|
|
EXPORT RESTRICTIONS. Each party acknowledges that the Software is subject to
|
|||
|
|
applicable import and export regulations of the United States and of the
|
|||
|
|
countries in which each party transacts business, specifically including U.S.
|
|||
|
|
Export Administration Act and Export Administration Regulations. Each party
|
|||
|
|
shall comply with such laws and regulations, as well as all other laws and
|
|||
|
|
regulations applicable to the Software. Without limiting the generality of the
|
|||
|
|
foregoing, each party agrees that it will not export, re-export, transfer or
|
|||
|
|
divert any of the Software or the direct programs thereof to any restricted
|
|||
|
|
place or party in accordance with U.S. export regulations. Note that Software
|
|||
|
|
containing encryption may be subject to additional restrictions.
|
|||
|
|
|
|||
|
|
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 their successors. 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.
|
|||
|
|
|
|||
|
|
TERMINATION OF THE AGREEMENT. Intel may terminate this Agreement if you violate
|
|||
|
|
its terms. Upon termination, you will immediately destroy the Software or
|
|||
|
|
return all copies of the Software to Intel.
|
|||
|
|
|
|||
|
|
--------------------------------------------------------------------------------
|
|||
|
|
|
|||
|
|
EXHIBIT "A"
|
|||
|
|
|
|||
|
|
SOFTWARE LICENSE AGREEMENT (Final, Single User)
|
|||
|
|
|
|||
|
|
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
|
|||
|
|
|
|||
|
|
Do not use or load this firmware image (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 and use the Software, subject to these conditions:
|
|||
|
|
1. This Software is licensed for use only in conjunction with Intel component
|
|||
|
|
products. Use of the Software in conjunction with non-Intel component
|
|||
|
|
products is not licensed hereunder.
|
|||
|
|
2. 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.
|
|||
|
|
3. You may not reverse engineer, decompile, or disassemble the Software.
|
|||
|
|
4. You may not sublicense the Software.
|
|||
|
|
5. The Software may contain the software or other property of third party
|
|||
|
|
suppliers.
|
|||
|
|
|
|||
|
|
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 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 a copy of this license accompanies the
|
|||
|
|
Software and the recipient agrees to be fully bound by these terms.
|
|||
|
|
|
|||
|
|
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) ARISING OUT OF 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
|
|||
|
|
BETWEEN JURISDICTIONS.
|
|||
|
|
|
|||
|
|
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.
|
|||
|
|
|
|||
|
|
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 their successors. 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.
|
|||
|
|
|
|||
|
|
|
|||
|
|
|
|||
|
|
|
|||
|
|
|