INTEL SOFTWARE LICENSE AGREEMENT

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.

LICENSES: Please Note:

·         If you are a network administrator, the “Site License” below shall apply to you.

·         If you are an end user, the “Single User License” shall apply to you.

Intel grants You a nonexclusive, non-transferable, worldwide, fully paid-up, and royalty-free limited copyright license under copyrights and trade secrets of Intel and/or which Intel has the right and authority to grant (sub)licenses under the terms hereof, to use the Software solely for the purposes set forth below.

SITE LICENSE. You may copy the Software onto your organization’s computers for your organization’s internal, non-commercial use, and you may make a reasonable number of back-up copies of 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 or permit simultaneous use of the Software by more than one user.

5.       The Software may include portions offered on terms in addition to those set out here, as set out in a license accompanying those portions.

SINGLE USER LICENSE. You may copy the Software onto a single computer for your personal, noncommercial use, and you may make one back-up copy of 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 or permit simultaneous use of the Software by more than one user.

5.       The Software may include portions offered on terms in addition to those set out here, as set out in a license accompanying those portions.

If You are not the end-user, then you may transfer a copy of the Software to each of Your end-users for use in accordance with the terms of this Agreement, provided that any such copies are accompanied by an end-user license agreement incorporating substantially the same terms as are set forth herein. .

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OWNERSHIP. All right, title and interest in the intellectual property embodied in the Software and accompanying materials, if any, are owned by Intel or its suppliers and licensors. 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) 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 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.

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 Intel’s standard acknowledgment form that are in conflict with these terms, shall be of no force or 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 to any restricted place or party in accordance with U.S. export regulations.  Note that Software containing encryption may be subject to additional restrictions.

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.

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.

CONTROLLING LANGUAGE. Translated versions of this Agreement may be provided in local languages for informational purposes only, provided however, that the English language version of this Agreement shall be controlling in all jurisdictions.