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LICENSE
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Source Code Limited Use License Agreement
Version 1.0
December 8, 2021
This SOURCE CODE LIMITED USE LICENSE AGREEMENT ("Agreement") is a
contract between You and Intel Corporation and its affiliates ("Intel"). It
governs Your use of the Materials. If You are accepting this Agreement on
behalf of or in conjunction with Your work for Your employer, You represent
and warrant that You have the authority to bind your employer to this
Agreement. By downloading, installing, or using the Materials, You agree to
these terms. If You do not agree, do not use the Materials and destroy all
copies.
1. DEFINITIONS
1.1 "Including" means including but not limited to, whether or not capitalized.
1.2 "Intel Components" means a hardware component or product designed,
developed, sold, or distributed by Intel or its affiliates.
1.3 "Materials" means software or other collateral Intel delivers to You under
this Agreement.
1.4 "You" or "Your" means you or you and your employer and its affiliates,
whether or not capitalized.
2. LICENSES
2.1 License. Subject to the terms of this Agreement, Intel grants to You, for
the Term, a personal, non-transferable, non-exclusive, worldwide, royalty-free,
revocable, limited license under Intel's intellectual property rights in the
Materials, without the right to sublicense, to use the Materials solely for or in
connection with your review and evaluation of the Materials (the "Purpose").
This includes the rights to make copies of the Materials and to generate
binaries of the source code provided in the Materials as required to effectuate
the Purpose.
2.2 Restrictions. Except as authorized above, You will not: (a) use or modify
the Materials in any other way; (b) reverse engineer, decompile, or disassemble
the Materials provided in object form (except and only as specifically required
under Section 2.5), or (c) use the Materials to violate or aid in the violation of
any international human right. You will be liable for your subcontractor's acts
or omissions. For the avoidance of doubt, Your license under Section 2.1 does
not include the right to modify Materials delivered as source code and/or
create derivative works.
2.3 No Implied License. Except for the express license in Section 2.1, Intel
does not grant any express or implied licenses to you under any legal theory.
Intel does not license You to make, have made, use, sell, or import any Intel
technology or third-party products, or perform any patented process, even if
referenced in the Materials. Any other licenses from Intel require additional
consideration. Nothing in this Agreement requires Intel to grant any additional
license.
2.4 Feedback. If you give Intel comments or suggestions related to the
Materials or Intel Components, Intel can use them in any way and disclose
them to anyone, without payment or other obligations to you.
2.5 Open Source Licenses. The Materials may include software subject to an
open source license, including licenses recognized by the Open Source Initiative
(http://www.opensource.org). Nothing in this Agreement limits any rights
under, or grants rights that supersede, the terms of any applicable open source
software license.
2.6 Third-Party Software. Your use of any third-party software is subject to
Your compliance with the license You obtain directly from that third-party. A
listing of any such third-party software may be in a text file accompanying the
Materials.
3. This Section 3 has been intentionally left blank.
4. OWNERSHIP
Ownership of the Materials and related intellectual property
rights is unchanged. You must maintain all copyright or other proprietary
notices in the Materials.
5. NO WARRANTY
THE MATERIALS ARE PROVIDED "AS IS," WITHOUT ANY EXPRESS OR
IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-
INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. THE MATERIALS MAY
INCLUDE PRE-RELEASE SOFTWARE OR ALGORITHMS AND MAY NOT BE FULLY FUNCTIONAL.
INTEL IS NOT REQUIRED TO MAINTAIN, UPDATE, OR SUPPORT THE MATERIALS.
6. LIMIT ON LIABILITY
INTEL IS PROVIDING THE MATERIALS FOR FREE AND YOUR USE OF
THEM IS AT YOUR OWN RISK. INTEL WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY
FOR ANY LOSSES OR DAMAGES IN CONNECTION WITH THE MATERIALS, INCLUDING
CONSEQUENTIAL DAMAGES, EVEN IF THE POSSIBILITY OF DAMAGES WAS FORESEEABLE OR
KNOWN. IF ANY LIABILITY IS FOUND, INTEL'S TOTAL, CUMULATIVE LIABILITY TO YOU WILL
NOT EXCEED $100.00 U.S. FOR ALL CLAIMS ARISING FROM OR RELATED TO THIS
AGREEMENT. THESE LIABILITY LIMITATIONS ARE A FUNDAMENTAL BASIS OF OUR BARGAIN
AND INTEL WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THEM.
7. INDEMNITY
You will indemnify, defend, and hold Intel harmless from any
allegation against Intel arising in connection with Your use of the Materials and
You will pay all of Intel's losses, liabilities, and costs (including attorneys' fees)
arising from the allegation.
8. PRIVACY; DATA COLLECTION
8.1 Privacy. Intel respects Your privacy. For information about why and how
Intel may collect and use information from Your use of the Materials, see
http://www.intel.com/privacy.
8.2 Data Collection. Some downloaded software included in the Materials
may generate and collect information about the software and usage and
transmit it to Intel to help improve Intel's products and services. This collected
information may include product name, product version, time of event
collection, license type, support type, installation status, hardware and
software performance, and use.
9. GENERAL
9.1 Assignment. You may not assign Your rights or obligations under this
Agreement without Intel's prior written consent. No third party will have any
rights under this Agreement.
9.2 Dispute Resolution. If we have a dispute regarding this Agreement neither
of us can file a lawsuit or other regulatory proceeding unless the complaining
party provides the other party a detailed notice of the dispute and our senior
managers attempt to resolve the dispute. If we can't resolve the dispute in 30
days, either of us may demand mediation and will then try to resolve the
dispute with an impartial mediator. If we don't resolve the dispute within 60
days after the mediation demand, either of us may begin litigation.
9.3 Governing Law; Jurisdiction. This Agreement is governed by USA and
Delaware law without regard to conflict of laws principles. The United Nations
Convention on Contracts for the International Sale of Goods does not apply. All
disputes and actions arising out of or related to this Agreement are subject to
the exclusive jurisdiction of the state and federal courts in Wilmington,
Delaware and you consent to personal jurisdiction in those courts.
9.4 Compliance with Laws. The Materials are subject to export controls under
applicable government laws and regulations, including in the U.S. You must
comply with applicable laws and regulations, including U.S. and worldwide
export regulations. You must not export, import, or transfer the Materials to
any prohibited or sanctioned country, person, or entity. You must not use the
Materials for the development, design, manufacture, or production of nuclear,
missile, chemical, or biological weapons.
9.5 Severability. If a court holds a provision of this Agreement unenforceable,
the court will modify that part to the minimum extent necessary to make that
part enforceable or, if necessary, to sever that part. The rest of the provision
remains fully
9.6 Waiver. No waiver of any provision of this Agreement will be valid unless
in a writing signed by an authorized representative of the waiving party that
specifies the waived provision. That signed waiver will not constitute a waiver
of any other provision. A party's failure or delay in enforcing any provision will
not operate as a waiver.
9.7 Entire Agreement. Except for any non-disclosure agreement between you
and Intel, this Agreement constitutes the entire agreement, and supersedes all
prior agreements, between Intel and You concerning its subject matter.
10. TERM; TERMINATION; SURVIVAL
10.1 Term. This Agreement begins upon Your acceptance of its terms and
continues until terminated under Section 10.2.
10.2 Termination. Either party may terminate this Agreement, with 30 days
written notice, at any time for any reason. This Agreement will automatically
terminate upon (a) Your breach of the Agreement, (b) an allegation that you do
not have authority to bind your employer to these terms, or (c) Your assertion
that an Intel Component, the Materials, or any product based on any Intel
Components or the Materials infringes Your patents.
10.3 Effect of Termination. Upon termination of the Agreement, the licenses
to You will immediately terminate and You must cease using the Materials and
destroy all copies in your possession and direct Your subcontractors to do the
same.
10.4 Survival. All sections except Section 2.1 survive termination of this
Agreement.