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https://www.nero.com/enu/corp-legal/end-user-agreement.php
https://www.nero.com/enu/corp-legal/privacy.php
End User License Agreement for the Intel(R) Software Development Products
(Version October 2018)
IMPORTANT INFORMATION ABOUT YOUR RIGHTS, OBLIGATIONS AND THE USE OF YOUR DATA -
PLEASE READ AND AGREE BEFORE DOWNLOADING, INSTALLING, COPYING OR USING
This Agreement forms a legally binding contract between you, or the company or
other legal entity ("Legal Entity") for which you represent and warrant that you
have the legal authority to bind that Legal Entity, (each, "You" or "Your") and
Intel Corporation and its subsidiaries (collectively "Intel") regarding Your use
of the Materials. By downloading, installing, copying or otherwise using the
Materials, You agree to be bound by the terms of this Agreement. If You do not
agree to the terms of this Agreement, do not download, install, copy or
otherwise use the Materials. You affirm that You are 18 years old or older or,
if not, Your parent, legal guardian or Legal Entity must agree and enter into
this Agreement on your behalf.
1. LICENSE DEFINITIONS.
A. "Cloud Provider" means a third party cloud service provider offering a
cloud-based platform, infrastructure, application or storage services, such
as Microsoft Azure or Amazon Web Services, which You may utilize solely
subject to the restrictions set forth in Section 4.3 B.
B. "Computer" means a computer, workstation or server(s); as well as a
container or virtual machine located on Your or Your Cloud Provider's
server.
C. "Confidential Information" means all Materials (as defined below), including
any portions thereof, that are identified (in the product release notes, on
Intel's download website for the Materials or elsewhere) or labeled as Intel
confidential information or with a similar legend.
D. "Derivative Work" means a derivative work, as defined in 17 U.S.C. 101, of
the Software Source Code, that You developed.
E. "Excluded License" means a license that requires, as a condition of use,
modification, or distribution, that the licensed software or other software
incorporated into, derived from or distributed with such software (a) be
disclosed or distributed in Source Code form; (b) be licensed by the user to
third parties for the purpose of making and/or distributing Derivative
Works; or (c) be redistributable at no charge. Excluded Licenses include,
without limitation, licenses that license or distribute software under any
of the following licenses or distribution models, or licenses or
distribution models substantially similar to any of the following: (a) GNU's
General Public License (GPL) or Lesser/Library GPL (LGPL), (b) the Artistic
License (e.g., PERL), (c) the Mozilla Public License, (d) the Netscape
Public License, (e) the Sun Community Source License (SCSL), (f) the Sun
Industry Source License (SISL), and (g) the Common Public License (CPL).
F. "Instance" means a single running copy of the Materials on a Computer.
G. "Licensed Patent Claims" mean the claims of Intel's patents that are
necessarily and directly infringed by the reproduction and distribution of
the Materials that is authorized in Section 2 below, when the Materials are
in their unmodified form as delivered by Intel to You and not modified or
combined with anything else. Licensed Patent Claims are only those claims
that Intel can license without paying, or getting the consent of, a third
party.
H. "Materials" mean the software, documentation, the software product serial
number, and other materials, including any modifications, updates and
upgrades thereto, that are provided to You under this Agreement. Materials
also include any Redistributables, Source Code, Sample Source Code, and
Pre-Release Materials, as defined below, but do not include Third Party
Programs.
I. "Microsoft Platforms" mean any current and future Microsoft operating system
products, Microsoft run-time technologies (such as the .NET Framework), and
Microsoft application platforms (such as Microsoft Office or Microsoft
Dynamics) that Microsoft offers.
J. "Pre-Release Materials" mean the Materials, or portions thereof, that are
identified (in the product release notes, on Intel's download website for
the Materials or elsewhere) or labeled as pre-release, prototype, alpha or
beta code and, as such, the Pre-Release Materials are deemed to be
pre-release code not suitable for commercial release, which may not be fully
functional or tested and may contain bugs or errors, which Intel may
substantially modify in its development of a commercial version, and for
which Intel makes no assurances that it will ever develop or make generally
available a commercial version.
K. "Redistributables" mean the files (if any) listed in the "redist.txt",
"redist-rt.txt" or similarly-named text files that may be included in the
Materials for the applicable "Intel Software Development Product."
L. "Sample Source Code" means those portions of the Materials that are Source
Code files and are identified as sample source code. Sample Source Code may
not be tested nor validated and is provided purely for Your convenience as a
programming example.
M. "Source Code" means the software (and not documentation or text) portion of
the Materials provided in human readable format, and includes modifications
to the Source Code that You make or are made on Your behalf as expressly
permitted under the terms of this Agreement.
N. "Third Party Programs" mean the files (if any) listed in the
"third-party-programs.txt" text file that may be included in the Materials
for the applicable software.
O. "Your Product" means one or more commercial applications or products
developed by or for You using the Materials.
P. "Your Project" means one or more noncommercial applications, which may
include personal use, not-for-profit business use, educational use, internal
evaluation or open source applications, developed by or for You using the
Materials.
2. LICENSE GRANTS.
2.1 License for Commercial License Types. Subject to the terms and conditions
of this Agreement, including, but not limited to, the applicable license type
use restrictions in Section 3.1 and other restrictions in Section 4 below, and
timely payment of any fees (if applicable), Intel grants You a non-exclusive,
worldwide, non-assignable (except as expressly permitted hereunder), limited
right and license for the term You obtained pursuant to Section 3:
A. under its copyrights, to:
(1) reproduce internally a reasonable number of copies of the Materials for
Your internal business use in accordance with the documentation or text
files included as part of the Materials; provided, however, that this
license does not include the right to sublicense and may only be
exercised by You or Your employees;
(2) use the Materials solely for Your internal business use to develop Your
Product, in accordance with the documentation or text files included as
part of the Materials, provided, however, that this license does not
include the right to sublicense and may only be exercised by You or Your
employees;
(3) modify or create Derivative Works of the Materials or any portions
thereof, that are provided in Source Code form, provided, however, that
this license does not include the right to sublicense and may be
exercised only by You or Your employees;
(4) publicly perform, publicly display, and distribute (directly and through
Your distributors, resellers and other channel partners) or otherwise make
publicly available the Redistributables, including any modifications to or
Derivative Works of the Redistributables made pursuant to
Section 2.1.A(3), or any portions thereof, subject to the following
restrictions:
(a) Any distribution of the Redistributables must only be as part of Your
Product which must add significantly more functionality than the
Redistributables themselves;
(b) Any additional restrictions which may appear in the Redistributables
text files specified in Section 1.K above and in Section 4 below; and
(c) The license under Section 2.1.A(4) includes the right to sublicense
the Redistributables, but the sublicense rights are limited only to
the sublicensing of any Intel copyrights in the Redistributables and
only to the extent necessary to perform, display, and distribute the
Redistributables (including Your modifications and Derivative Works
thereto) solely as incorporated in Your Product.
(d) You (i) will be solely responsible to Your customers for any update,
support obligation or other liability which may arise from Your
distribution of Your Product, (ii) will not make any statement that
Your Product is "certified" or that its performance is guaranteed by
Intel, (iii) will not use Intel's name or trademarks to market Your
Product without written permission from Intel, (iv) will provide the
Redistributables subject to a license agreement that prohibits
disassembly and reverse engineering of the Redistributables except in
cases where You provide Your Product subject to an open source
license that is not an Excluded License, (e.g., the BSD license or the
MIT license), (v) will indemnify, hold harmless, and defend Intel and
its suppliers from and against any claims or lawsuits, including
attorney's fees, that arise or result from Your modifications,
Derivative Works or Your distribution of Your Product.
and
B. under Intel's Licensed Patent Claims, to:
(1) make copies of the Materials only as specified in Section 2.1.A(1);
(2) use the Materials only as specified in Section 2.1.A(2); and
(3) offer to distribute, and distribute, but not sell, the Redistributables
only as part of Your Product under Intel's copyright license granted in
Section 2.1(A), but only under the terms of that copyright license and
not as a sale (and this right does not include the right to sub-license);
And, provided further, that the license under the Licensed Patent Claims
does not and will not apply to, and Intel does not expressly grant You a
patent license in this Agreement to, any modifications to, or Derivative
Works of, the Materials, whether made by You, Your contractor(s), Your
customer(s) (which, for all purposes under this Agreement, will mean
either a customer, reseller, distributor or other channel partner) or any
third party, even if the modification and Derivative Works are permitted
under 2.1.A(3).
2.2 License for Noncommercial License Types. Subject to the terms and conditions
of this Agreement, including, but not limited to, the applicable license type
use restrictions in Section 3.2 and other restrictions in Section 4 below, and
timely payment of any fees (if applicable), Intel grants You a non-exclusive,
worldwide, non-assignable, limited right and license for the term You obtained
pursuant to Section 3, and under its copyrights, to:
A. reproduce a reasonable number of copies of the Materials internally and use
the Materials solely for Your Project in accordance with the documentation
or text files included as part of the Materials, and for no commercial uses
whatsoever; provided, however, that this license does not include the right
to sublicense and may only be exercised by You or Your employees (if any);
B. modify or create Derivative Works of the Materials, or any portions thereof,
that are provided in Source Code form, provided, however, that this license
does not include a right to redistribute the modifications or Derivative
Works of the Materials, or the right to sublicense and may be exercised
only by You or Your employees (if any);
C. except for an evaluation license type, publicly perform, publicly display,
and distribute or otherwise make publicly available the Redistributables,
including any modifications to or Derivative Works of the Redistributables
made pursuant to Section 2.2.B, or any portions thereof only for
noncommercial uses, subject to the following restrictions:
(1) any distribution of the Redistributables must only be as part of Your
Project which must add significantly more functionality than the
Redistributables themselves;
(2) any additional restrictions which may appear in the Redistributables text
files specified in Section 1.K above and in Section 4.1 below; and
(3) the license under this Section 2.2.C includes the right to sublicense the
Redistributables, but the sublicense rights are limited only to the
sublicensing of any Intel copyrights in the Redistributables and only to
the extent necessary to perform, display, and distribute the
Redistributables (including Your modifications and Derivative Works
thereto) solely as incorporated in Your Project.
(4) You (i) will be solely responsible for any update, support obligation or
other liability which may arise from Your distribution of Your Project,
(ii) will not make any statement that Your Project is "certified" or that
its performance is guaranteed by Intel, (iii) will not use Intel's name or
trademarks in connection with Your Project without written permission from
Intel, (iv) will provide the Redistributables subject to a license
agreement that prohibits disassembly and reverse engineering of the
Redistributables except in cases where You provide Your Project subject to
an open source license that is not an Excluded License (e.g., the BSD
license or the MIT license), (v) will indemnify, hold harmless, and defend
Intel and its suppliers from and against any claims or lawsuits, including
attorney's fees, that arise or result from Your modifications, Derivative
Works or Your distribution of Your Project.
2.3 Third Party Programs and Other Intel Programs Licenses. Third Party
Programs, even if included with the distribution of the Materials, are
governed by separate license terms, including without limitation, third
party license terms, other Intel software license terms, and open source
software license terms. Such separate license terms (and not this Agreement)
solely govern Your use of the Third Party Programs.
3. LICENSE USE TYPES.
3.1 Commercial License Types. Commercial license types are provided under the
terms of the license set forth in Section 2.1. If you have obtained a license
to the Materials under any of these commercial license types, you may also use
the Materials for Your Project.
A. Single Named-User License. If You obtain the Materials under a single
named-user license type, You may run as many Instances as needed for Your
exclusive use, subject to Your compliance with all of the terms and
conditions of this Agreement. You may obtain either a perpetual or time
limited license. If You obtain a single named-user license type that is
also time limited, the term of Your license is specified on Intel's
download website, in the applicable documentation or controlled by the
serial number for the Materials.
B. Floating License. If You obtain the Materials under a floating license
type, You may run as many Instances as needed on the designated network for
use by no more than the authorized number of concurrent users, subject to
their compliance with all of the terms and conditions of this Agreement.
You may obtain either a perpetual or time limited license. If You obtain a
floating license type that is also time limited, the term of Your license is
specified on Intel's download website, in the applicable documentation or
controlled by the serial number for the Materials.
C. Site License. If You obtain the Materials under a site license type (i.e.,
the Materials include the text file named "site_license_materials.txt"),
You may run as many Instances as needed for use by any number of concurrent
users located at the specified site or sites, subject to their compliance
with all of the terms and conditions of this Agreement. You may obtain
either a perpetual or time limited license. If You obtain a site license
type that is also time limited, the term of Your license is specified on
Intel's download website, in the applicable documentation or controlled by
the serial number for the Materials.
D. Community License. If You obtain the Materials under a community license
type, You may run as many instances as needed for Your exclusive use,
subject to Your compliance with all of the terms and conditions of this
Agreement. The Materials are provided under a time limited license as
specified on Intel's download website, in the applicable documentation or
controlled by the serial number for the Materials.
3.2 Noncommercial License Types. Noncommercial license types are provided under
the terms of the license set forth in Section 2.2.
A. Evaluation License. If You obtain the Materials under an evaluation license
type, You may run as many instances as needed for your evaluation of the
Materials, subject to Your compliance with all of the terms and conditions
of this Agreement. You may not distribute any portion of the Materials, and
any application and/or product developed by You may only be used for
evaluation purposes and only for the term of the evaluation. The Materials
are provided under a time limited license as specified on Intel's download
website, in the applicable documentation or controlled by the serial number
for the Materials.
1) Pre-Release Materials. If the Materials You receive are Pre-Release
Materials, in addition to the license restrictions in Section 2.2 and the
restrictions in 3.2.A above, (i) You may not modify or incorporate the
Pre-Release Materials into any product You are developing; (ii) You may
not continue to use the Pre-Release Materials if and once a commercial
version is released; and (iii) You may not disclose to any third party any
benchmarks, performance results, or other information relating to the
Pre-Release Materials.
B. Noncommercial Use License. If You obtain the Materials under a noncommercial
use license type, You may run as many instances as needed for Your exclusive
use, subject to Your compliance with all of the terms and conditions of this
Agreement. Any work performed or produced as a result of use of the
Materials cannot be performed or produced for the benefit of other parties,
including but not limited to, for a fee, compensation or any other
reimbursement or remuneration, or "not for profit." The Materials are
provided under a time limited license as specified on Intel's download
website, in the applicable documentation or controlled by the serial number
for the Materials.
C. Educational License. If You obtain the Materials under an educational
license type, You must be a teacher, professor, or a student and You may
only use the Materials for educational purposes. Any work performed or
produced as a result of use of the Materials cannot be performed or produced
for the benefit of other parties, including but not limited to, for a fee,
compensation or any other reimbursement or remuneration, or
"not for profit." The Materials are provided under a time limited license as
specified on Intel's download website, in the applicable documentation or
controlled by the serial number for the Materials. There are two educational
license types as follows:
1) Single Named-User Educational License. If You obtain the Materials under a
single named-user educational license type, You may run as many instances
as needed for Your exclusive use, subject to Your compliance with all of
the terms and conditions of this Agreement.
2) Floating Educational License. If You obtain the Materials under a floating
educational license type, You may run as many Instances as needed on the
designated network for use by no more than the authorized number of
concurrent users, subject to their compliance with all of the terms and
conditions of this Agreement.
4. LICENSE CONDITIONS.
4.1 Restrictions. Except as expressly provided in this Agreement, You may NOT:
(i) use, copy, distribute, or publicly display the Materials; (ii) rent or lease
the Materials to any third party; (iii) assign this Agreement or transfer the
Materials; (iv) modify, adapt, or translate the Materials in whole or in part;
(v) reverse engineer, decompile, or disassemble the Materials; (vi) attempt to
modify or tamper with the normal function of any license manager that may
regulate usage of the Materials; (vii) distribute, sublicense or transfer the
Source Code form of any components of the Materials or derivatives thereof to
any third party; (viii) distribute Redistributables except as part of a larger
program that adds significant primary functionality different from that of the
Redistributables; (ix) distribute the Redistributables to run on a platform
other than a Microsoft Platform if according to the accompanying user
documentation the Materials are meant to execute only on a Microsoft Platform;
(x) include the Redistributables in malicious, deceptive, or unlawful programs
or products; (xi) modify, create a Derivative Work, link, or distribute the
Materials so that any part of it becomes subject to an Excluded License; or
(xii) use the Materials directly or indirectly for service bureau purposes
(i.e., a service whereby the use of or access to the Materials (including the
Redistributables) is provided to a third party as a service, as opposed to
granting use of or access to the Materials (including the Redistributables) to
a third party through an end user license agreement. An example of a service
bureau service is the salesforce.com service business model).
4.2 Safety, Critical, and Lifesaving Applications. Safety is Your
responsibility. To the extent You use the Materials to create, or as part of,
products used in safety-critical applications designed to comply with functional
safety standards or requirements ("Safety-Critical Applications"), it is Your
responsibility to design, manage and assure system-level safeguards to
anticipate, monitor and control system failures, and You agree that You are
solely responsible for all applicable regulatory standards and safety-related
requirements concerning Your use of the Materials in Safety Critical
Applications. The Materials are also not designed, intended, or authorized for
use in any type of a system or application in which the failure of the Materials
could create a situation where personal injury or death may occur (e.g., medical
systems, life sustaining or lifesaving systems) ("Lifesaving Applications").
Should You use the Materials for Safety-Critical Applications or Life-saving
Applications, You agree to indemnify, defend, and hold Intel and its
representatives harmless against all claims, costs, damages, and expenses,
including reasonable attorney fees arising in any way out of Your use of the
Materials in Safety-Critical Applications and claims of product liability,
personal injury or death associated with Lifesaving Applications; even if, for
either type of application, such claims alleges that Intel was negligent
regarding the design or manufacture of the Materials.
4.3 Third Party Use.
A. If You are an entity with a license pursuant to Section 3.1, Your
contractors may use the Materials as specified in Section 2 above, provided:
(i) their use of the Materials is solely on behalf of and in support of Your
business, (ii) they agree to the terms and conditions of this Agreement, and
(iii) You are solely responsible for their use of the Materials.
B. You may utilize a Cloud Provider to host the Materials for You, provided:
(i) the Cloud Provider may only host the Materials for Your exclusive use
and may not use the Materials for any other purpose whatsoever, including the
restriction set forth in Section 4.1(xii); (ii) the Cloud Provider's use of
the Materials must be solely on behalf of and in support of Your Product or
Your Project (as applicable), and (iii) You will indemnify, hold harmless,
and defend Intel and its suppliers from and against any claims or lawsuits,
including attorney's fees, that arise or result from Your Cloud Provider's
use, misuse or disclosure of the Materials.
4.4 Media Format Codecs and Digital Rights Management. You acknowledge and agree
that Your use of the Materials or distribution of the Materials with Your
Product or Your Project as permitted by this license may require You to procure
license(s) from one or more third parties that may hold intellectual property
rights applicable to any media decoding, encoding or transcoding technology
(such as, for example, through use of an audio or video codec) and/or digital
rights management capabilities of the Materials, if any. Should any such
additional licenses be required, You are solely responsible for obtaining any
such licenses and agree to obtain any such licenses at Your own expense.
4.5 Materials Transfer. You may only permanently transfer the Materials you
receive pursuant to a license type listed in Section 3.1 above, and all of Your
rights under this Agreement, to another party ("Recipient") solely in
conjunction with a change of ownership, merger, acquisition, sale or transfer of
all or substantially all of Your business or assets, either voluntarily, by
operation of law or otherwise subject to the following: You must notify Intel of
the transfer by sending a letter to Intel: (i) identifying the legal entities of
Recipient and You, (ii) identifying the Materials (i.e., the specific Intel
software and version) and the associated serial numbers to be transferred, (iii)
certifying that You retain no copies of the Materials or portions thereof, (iv)
certifying that the Recipient has agreed in writing to be bound by all of the
terms and conditions of this Agreement, (v) certifying that the Recipient has
been notified that in order to receive support from Intel for the Materials they
must notify Intel in writing of the transfer and provide Intel with the
information specified in subsection (ii) above along with the name and email
address of the individual assigned to use the Materials, and (vi) providing Your
email address so that Intel may confirm receipt of Your letter. Please send
such letter to:
Intel Corporation
2111 NE 25th Avenue
Hillsboro, OR 97124
Attn: DPD Contracts Management, JF2-28
5. DATA COLLECTION AND PRIVACY.
5.1 Anonymous Data Collection by Materials. Certain Materials may generate and
collect anonymous data about the Materials and transmit it to Intel as a
one-time event during installation. This anonymous data collection may include,
but is not limited to, product name, product version, license type, support type,
and installation status. Anonymous data collection by the Materials does not
include: (a) any personal or personally identifiable data of You, an end user or
a data subject; (b) data or information identifying a business entity; or (c)
data or information about non-Intel software. The purpose of the anonymous data
collection by the Materials is to enable Intel to develop, improve, and support
Intel's products and services.
5.2 Provisioning Data Collection. Provisioning data may be collected and
transmitted to Intel as a one-time event during installation in order to
activate the Materials. This collection may be mandatory and a condition of
using the Materials in order to verify the right to use the Materials.
Provisioning data includes the Material's unique serial number and it may be
combined with other information about the Materials and Your Computer.
Provisioning data is not shared with or disclosed to parties outside of Intel.
Intel may retain the provisioning data indefinitely.
5.3 Other Data Collection.
A. Collection of Registration Data. Some Materials may require registration of
the Materials with Intel during installation. The information currently
collected during registration is Your first name, Your last name, Your
email, Your company, and Your country. The registration information is
subject to change, however, You will be notified at the time of registration
what information will be collected, why it is being collected, how long it
will be retained by Intel, and how to have Your registration information
removed from Intel's registration database if You so choose to do so at a
later date.
B. Optional Collection of Analytical Data. You may be given the option during
installation of the Materials to consent to the collection of analytical
data. Analytical data may include technical information about Your software
installation and runtime status (such as installation metrics, serial
number, counters, flags, and timestamps), and Your development environment
(such as operating system, CPU architecture, and other Intel products
installed). You will be notified at the time of installation what analytical
data will be collected if You agree to such collection, why it is being
collected, how long it will be retained by Intel, and how to stop the
collection of analytical data if You so choose to do so at a later date.
C. Required Collection of Analytical Data. For certain Materials, the
collection of analytical data as described in Section 4.3 B may be a
requirement of use. In these cases, You will be given notice and the option
to cancel the download or installation of the Materials if you do not wish
to consent to the collection of analytical data.
5.4 Intel's Privacy Notice. Intel is committed to respecting Your privacy. To
learn more about Intel's privacy practices, please visit
http://www.intel.com/privacy.
6. OWNERSHIP. Title to the Materials and all copies thereof remain with Intel or
its suppliers. The Materials are protected by intellectual property rights,
including without limitation, United States copyright laws and international
treaty provisions. You will not remove any copyright or other proprietary notice
from the Materials. You agree to prevent any unauthorized copying of the
Materials. Except as expressly provided herein, no license or right is granted
to You directly or by implication, inducement, estoppel or otherwise;
specifically Intel does not grant any express or implied right to You under
Intel patents, copyrights, trademarks, or trade secrets.
7. NO WARRANTY AND NO SUPPORT. Disclaimer. Intel disclaims all warranties of any
kind and the terms and remedies provided in this Agreement are instead of any
other warranty or condition, express, implied or statutory, including those
regarding merchantability, fitness for any particular purpose, non-infringement
or any warranty arising out of any course of dealing, usage of trade, proposal,
specification or sample. Intel does not assume (and does not authorize any
person to assume on its behalf) any other liability.
Intel may make changes to the Materials, or to items referenced therein, at any
time without notice, but is not obligated to support, update or provide training
for the Materials under the terms of this Agreement. Intel may in its sole
discretion offer such support, updates or training services under separate terms
at Intel's then-current rates. You may request additional information on Intel's
service offerings from an Intel representative.
8. LIMITATION OF LIABILITY. Use of the Materials are at Your own risk. In no
event will Intel or its suppliers be liable for any direct, indirect,
incidental, consequential, special, or other losses or damages arising out of or
related to this Agreement or Your use of the Materials, including without
limitation, any of the following losses or damages (whether such losses or
damages were foreseen, foreseeable, known or otherwise): (i) loss of revenue;
(ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv)
loss of anticipated savings; (v) loss of business; (vi) loss of opportunity;
(vii) loss of goodwill; (viii) loss of use of the Software; (ix) loss of
reputation; (x) loss of, damage to, or corruption of data; or (xi) any indirect,
incidental special or consequential loss of damage however caused (including
loss or damage of the type specified in this Section 6).
9. USER SUBMISSIONS. This Agreement does not obligate You to provide Intel with
materials, information, comments, suggestions or other communication regarding
the Materials. However, You agree that any material, information, comments,
suggestions or other communication You transmit or post to an Intel website
(including but not limited to, submissions to the Intel Premier Support and/or
other customer support websites or online portals) or provide to Intel under
this Agreement are not controlled by the International Traffic in Arms
Regulations (ITAR) or the Export Administration Regulation (EAR), and if related
to the features, functions, performance or use of the Materials are deemed
non-confidential and non-proprietary ("Communications"). Intel will have no
obligations with respect to the Communications. You hereby grant to Intel a
non-exclusive, perpetual, irrevocable, royalty-free, copyright license to copy,
modify, create Derivative Works, publicly display, disclose, distribute, license
and sublicense through multiple tiers of distribution and licensees, incorporate
and otherwise use the Communications and all data, images, sounds, text, and
other things embodied therein, including Derivative Works thereto, for any and
all commercial or non-commercial purposes. You are prohibited from posting or
transmitting to or from an Intel website or provide to Intel any unlawful,
threatening, libelous, defamatory, obscene, pornographic, or other material that
would violate any law. If You wish to provide Intel with information that You
intend to be treated as confidential information, Intel requires that such
confidential information be provided pursuant to a non-disclosure agreement
("NDA"), so please contact Your Intel representative to ensure the proper NDA is
in place.
Nothing in this Agreement will be construed as preventing Intel from reviewing
Your Communications and errors or defects in Intel products discovered while
reviewing Your Communications. Furthermore, nothing in this Agreement will be
construed as preventing Intel from implementing independently-developed
enhancements to Intel's own error diagnosis methodology to detect errors or
defects in Intel products discovered while reviewing Your Communications or to
implement bug fixes or enhancements in Intel products. The foregoing may include
the right to include Your Communications in regression test suites.
10. NON-DISCLOSURE. The following provisions will apply if there is no existing
non-disclosure agreement between You and Intel. The Materials are the
Confidential Information of Intel. You will maintain the confidentiality of
Intel's Confidential Information with at least the same degree of care that You
use to protect Your own confidential and proprietary information, but no less
than a reasonable degree of care under the circumstances. You will only disclose
the Confidential Information to Your employees who have a need to know and who
agree to abide by nondisclosure terms at least as comprehensive as those set
forth herein; provided that You will be liable for breach by any such employee.
For the purposes of this Agreement, the term "employee" will include Your
independent contractors, who have signed confidentiality agreements with You.
You will not make any copies of the Confidential Information except as necessary
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serial number for the Materials.
B. Floating License. If You obtain the Materials under a floating license
type, You may run as many Instances as needed on the designated network for
use by no more than the authorized number of concurrent users, subject to
their compliance with all of the terms and conditions of this Agreement.
You may obtain either a perpetual or time limited license. If You obtain a
floating license type that is also time limited, the term of Your license is
specified on Intel's download website, in the applicable documentation or
controlled by the serial number for the Materials.
C. Site License. If You obtain the Materials under a site license type (i.e.,
the Materials include the text file named "site_license_materials.txt"),
You may run as many Instances as needed for use by any number of concurrent
users located at the specified site or sites, subject to their compliance
with all of the terms and conditions of this Agreement. You may obtain
either a perpetual or time limited license. If You obtain a site license
type that is also time limited, the term of Your license is specified on
Intel's download website, in the applicable documentation or controlled by
the serial number for the Materials.
D. Community License. If You obtain the Materials under a community license
type, You may run as many instances as needed for Your exclusive use,
subject to Your compliance with all of the terms and conditions of this
Agreement. The Materials are provided under a time limited license as
specified on Intel's download website, in the applicable documentation or
controlled by the serial number for the Materials.
3.2 Noncommercial License Types. Noncommercial license types are provided under
the terms of the license set forth in Section 2.2.
A. Evaluation License. If You obtain the Materials under an evaluation license
type, You may run as many instances as needed for your evaluation of the
Materials, subject to Your compliance with all of the terms and conditions
of this Agreement. You may not distribute any portion of the Materials, and
any application and/or product developed by You may only be used for
evaluation purposes and only for the term of the evaluation. The Materials
are provided under a time limited license as specified on Intel's download
website, in the applicable documentation or controlled by the serial number
for the Materials.
1) Pre-Release Materials. If the Materials You receive are Pre-Release
Materials, in addition to the license restrictions in Section 2.2 and the
restrictions in 3.2.A above, (i) You may not modify or incorporate the
Pre-Release Materials into any product You are developing; (ii) You may
not continue to use the Pre-Release Materials if and once a commercial
version is released; and (iii) You may not disclose to any third party any
benchmarks, performance results, or other information relating to the
Pre-Release Materials.
B. Noncommercial Use License. If You obtain the Materials under a noncommercial
use license type, You may run as many instances as needed for Your exclusive
use, subject to Your compliance with all of the terms and conditions of this
Agreement. Any work performed or produced as a result of use of the
Materials cannot be performed or produced for the benefit of other parties,
including but not limited to, for a fee, compensation or any other
reimbursement or remuneration, or "not for profit." The Materials are
provided under a time limited license as specified on Intel's download
website, in the applicable documentation or controlled by the serial number
for the Materials.
C. Educational License. If You obtain the Materials under an educational
license type, You must be a teacher, professor, or a student and You may
only use the Materials for educational purposes. Any work performed or
produced as a result of use of the Materials cannot be performed or produced
for the benefit of other parties, including but not limited to, for a fee,
compensation or any other reimbursement or remuneration, or
"not for profit." The Materials are provided under a time limited license as
specified on Intel's download website, in the applicable documentation or
controlled by the serial number for the Materials. There are two educational
license types as follows:
1) Single Named-User Educational License. If You obtain the Materials under a
single named-user educational license type, You may run as many instances
as needed for Your exclusive use, subject to Your compliance with all of
the terms and conditions of this Agreement.
2) Floating Educational License. If You obtain the Materials under a floating
educational license type, You may run as many Instances as needed on the
designated network for use by no more than the authorized number of
concurrent users, subject to their compliance with all of the terms and
conditions of this Agreement.
4. LICENSE CONDITIONS.
4.1 Restrictions. Except as expressly provided in this Agreement, You may NOT:
(i) use, copy, distribute, or publicly display the Materials; (ii) rent or lease
the Materials to any third party; (iii) assign this Agreement or transfer the
Materials; (iv) modify, adapt, or translate the Materials in whole or in part;
(v) reverse engineer, decompile, or disassemble the Materials; (vi) attempt to
modify or tamper with the normal function of any license manager that may
regulate usage of the Materials; (vii) distribute, sublicense or transfer the
Source Code form of any components of the Materials or derivatives thereof to
any third party; (viii) distribute Redistributables except as part of a larger
program that adds significant primary functionality different from that of the
Redistributables; (ix) distribute the Redistributables to run on a platform
other than a Microsoft Platform if according to the accompanying user
documentation the Materials are meant to execute only on a Microsoft Platform;
(x) include the Redistributables in malicious, deceptive, or unlawful programs
or products; (xi) modify, create a Derivative Work, link, or distribute the
Materials so that any part of it becomes subject to an Excluded License; or
(xii) use the Materials directly or indirectly for service bureau purposes
(i.e., a service whereby the use of or access to the Materials (including the
Redistributables) is provided to a third party as a service, as opposed to
granting use of or access to the Materials (including the Redistributables) to
a third party through an end user license agreement. An example of a service
bureau service is the salesforce.com service business model).
4.2 Safety, Critical, and Lifesaving Applications. Safety is Your
responsibility. To the extent You use the Materials to create, or as part of,
products used in safety-critical applications designed to comply with functional
safety standards or requirements ("Safety-Critical Applications"), it is Your
responsibility to design, manage and assure system-level safeguards to
anticipate, monitor and control system failures, and You agree that You are
solely responsible for all applicable regulatory standards and safety-related
requirements concerning Your use of the Materials in Safety Critical
Applications. The Materials are also not designed, intended, or authorized for
use in any type of a system or application in which the failure of the Materials
could create a situation where personal injury or death may occur (e.g., medical
systems, life sustaining or lifesaving systems) ("Lifesaving Applications").
Should You use the Materials for Safety-Critical Applications or Life-saving
Applications, You agree to indemnify, defend, and hold Intel and its
representatives harmless against all claims, costs, damages, and expenses,
including reasonable attorney fees arising in any way out of Your use of the
Materials in Safety-Critical Applications and claims of product liability,
personal injury or death associated with Lifesaving Applications; even if, for
either type of application, such claims alleges that Intel was negligent
regarding the design or manufacture of the Materials.
4.3 Third Party Use.
A. If You are an entity with a license pursuant to Section 3.1, Your
contractors may use the Materials as specified in Section 2 above, provided:
(i) their use of the Materials is solely on behalf of and in support of Your
business, (ii) they agree to the terms and conditions of this Agreement, and
(iii) You are solely responsible for their use of the Materials.
B. You may utilize a Cloud Provider to host the Materials for You, provided:
(i) the Cloud Provider may only host the Materials for Your exclusive use
and may not use the Materials for any other purpose whatsoever, including the
restriction set forth in Section 4.1(xii); (ii) the Cloud Provider's use of
the Materials must be solely on behalf of and in support of Your Product or
Your Project (as applicable), and (iii) You will indemnify, hold harmless,
and defend Intel and its suppliers from and against any claims or lawsuits,
including attorney's fees, that arise or result from Your Cloud Provider's
use, misuse or disclosure of the Materials.
4.4 Media Format Codecs and Digital Rights Management. You acknowledge and agree
that Your use of the Materials or distribution of the Materials with Your
Product or Your Project as permitted by this license may require You to procure
license(s) from one or more third parties that may hold intellectual property
rights applicable to any media decoding, encoding or transcoding technology
(such as, for example, through use of an audio or video codec) and/or digital
rights management capabilities of the Materials, if any. Should any such
additional licenses be required, You are solely responsible for obtaining any
such licenses and agree to obtain any such licenses at Your own expense.
4.5 Materials Transfer. You may only permanently transfer the Materials you
receive pursuant to a license type listed in Section 3.1 above, and all of Your
rights under this Agreement, to another party ("Recipient") solely in
conjunction with a change of ownership, merger, acquisition, sale or transfer of
all or substantially all of Your business or assets, either voluntarily, by
operation of law or otherwise subject to the following: You must notify Intel of
the transfer by sending a letter to Intel: (i) identifying the legal entities of
Recipient and You, (ii) identifying the Materials (i.e., the specific Intel
software and version) and the associated serial numbers to be transferred, (iii)
certifying that You retain no copies of the Materials or portions thereof, (iv)
certifying that the Recipient has agreed in writing to be bound by all of the
terms and conditions of this Agreement, (v) certifying that the Recipient has
been notified that in order to receive support from Intel for the Materials they
must notify Intel in writing of the transfer and provide Intel with the
information specified in subsection (ii) above along with the name and email
address of the individual assigned to use the Materials, and (vi) providing Your
email address so that Intel may confirm receipt of Your letter. Please send
such letter to:
Intel Corporation
2111 NE 25th Avenue
Hillsboro, OR 97124
Attn: DPD Contracts Management, JF2-28
5. DATA COLLECTION AND PRIVACY.
5.1 Anonymous Data Collection by Materials. Certain Materials may generate and
collect anonymous data about the Materials and transmit it to Intel as a
one-time event during installation. This anonymous data collection may include,
but is not limited to, product name, product version, license type, support type,
and installation status. Anonymous data collection by the Materials does not
include: (a) any personal or personally identifiable data of You, an end user or
a data subject; (b) data or information identifying a business entity; or (c)
data or information about non-Intel software. The purpose of the anonymous data
collection by the Materials is to enable Intel to develop, improve, and support
Intel's products and services.
5.2 Provisioning Data Collection. Provisioning data may be collected and
transmitted to Intel as a one-time event during installation in order to
activate the Materials. This collection may be mandatory and a condition of
using the Materials in order to verify the right to use the Materials.
Provisioning data includes the Material's unique serial number and it may be
combined with other information about the Materials and Your Computer.
Provisioning data is not shared with or disclosed to parties outside of Intel.
Intel may retain the provisioning data indefinitely.
5.3 Other Data Collection.
A. Collection of Registration Data. Some Materials may require registration of
the Materials with Intel during installation. The information currently
collected during registration is Your first name, Your last name, Your
email, Your company, and Your country. The registration information is
subject to change, however, You will be notified at the time of registration
what information will be collected, why it is being collected, how long it
will be retained by Intel, and how to have Your registration information
removed from Intel's registration database if You so choose to do so at a
later date.
B. Optional Collection of Analytical Data. You may be given the option during
installation of the Materials to consent to the collection of analytical
data. Analytical data may include technical information about Your software
installation and runtime status (such as installation metrics, serial
number, counters, flags, and timestamps), and Your development environment
(such as operating system, CPU architecture, and other Intel products
installed). You will be notified at the time of installation what analytical
data will be collected if You agree to such collection, why it is being
collected, how long it will be retained by Intel, and how to stop the
collection of analytical data if You so choose to do so at a later date.
C. Required Collection of Analytical Data. For certain Materials, the
collection of analytical data as described in Section 4.3 B may be a
requirement of use. In these cases, You will be given notice and the option
to cancel the download or installation of the Materials if you do not wish
to consent to the collection of analytical data.
5.4 Intel's Privacy Notice. Intel is committed to respecting Your privacy. To
learn more about Intel's privacy practices, please visit
http://www.intel.com/privacy.
6. OWNERSHIP. Title to the Materials and all copies thereof remain with Intel or
its suppliers. The Materials are protected by intellectual property rights,
including without limitation, United States copyright laws and international
treaty provisions. You will not remove any copyright or other proprietary notice
from the Materials. You agree to prevent any unauthorized copying of the
Materials. Except as expressly provided herein, no license or right is granted
to You directly or by implication, inducement, estoppel or otherwise;
specifically Intel does not grant any express or implied right to You under
Intel patents, copyrights, trademarks, or trade secrets.
7. NO WARRANTY AND NO SUPPORT. Disclaimer. Intel disclaims all warranties of any
kind and the terms and remedies provided in this Agreement are instead of any
other warranty or condition, express, implied or statutory, including those
regarding merchantability, fitness for any particular purpose, non-infringement
or any warranty arising out of any course of dealing, usage of trade, proposal,
specification or sample. Intel does not assume (and does not authorize any
person to assume on its behalf) any other liability.
Intel may make changes to the Materials, or to items referenced therein, at any
time without notice, but is not obligated to support, update or provide training
for the Materials under the terms of this Agreement. Intel may in its sole
discretion offer such support, updates or training services under separate terms
at Intel's then-current rates. You may request additional information on Intel's
service offerings from an Intel representative.
8. LIMITATION OF LIABILITY. Use of the Materials are at Your own risk. In no
event will Intel or its suppliers be liable for any direct, indirect,
incidental, consequential, special, or other losses or damages arising out of or
related to this Agreement or Your use of the Materials, including without
limitation, any of the following losses or damages (whether such losses or
damages were foreseen, foreseeable, known or otherwise): (i) loss of revenue;
(ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv)
loss of anticipated savings; (v) loss of business; (vi) loss of opportunity;
(vii) loss of goodwill; (viii) loss of use of the Software; (ix) loss of
reputation; (x) loss of, damage to, or corruption of data; or (xi) any indirect,
incidental special or consequential loss of damage however caused (including
loss or damage of the type specified in this Section 6).
9. USER SUBMISSIONS. This Agreement does not obligate You to provide Intel with
materials, information, comments, suggestions or other communication regarding
the Materials. However, You agree that any material, information, comments,
suggestions or other communication You transmit or post to an Intel website
(including but not limited to, submissions to the Intel Premier Support and/or
other customer support websites or online portals) or provide to Intel under
this Agreement are not controlled by the International Traffic in Arms
Regulations (ITAR) or the Export Administration Regulation (EAR), and if related
to the features, functions, performance or use of the Materials are deemed
non-confidential and non-proprietary ("Communications"). Intel will have no
obligations with respect to the Communications. You hereby grant to Intel a
non-exclusive, perpetual, irrevocable, royalty-free, copyright license to copy,
modify, create Derivative Works, publicly display, disclose, distribute, license
and sublicense through multiple tiers of distribution and licensees, incorporate
and otherwise use the Communications and all data, images, sounds, text, and
other things embodied therein, including Derivative Works thereto, for any and
all commercial or non-commercial purposes. You are prohibited from posting or
transmitting to or from an Intel website or provide to Intel any unlawful,
threatening, libelous, defamatory, obscene, pornographic, or other material that
would violate any law. If You wish to provide Intel with information that You
intend to be treated as confidential information, Intel requires that such
confidential information be provided pursuant to a non-disclosure agreement
("NDA"), so please contact Your Intel representative to ensure the proper NDA is
in place.
Nothing in this Agreement will be construed as preventing Intel from reviewing
Your Communications and errors or defects in Intel products discovered while
reviewing Your Communications. Furthermore, nothing in this Agreement will be
construed as preventing Intel from implementing independently-developed
enhancements to Intel's own error diagnosis methodology to detect errors or
defects in Intel products discovered while reviewing Your Communications or to
implement bug fixes or enhancements in Intel products. The foregoing may include
the right to include Your Communications in regression test suites.
10. NON-DISCLOSURE. The following provisions will apply if there is no existing
non-disclosure agreement between You and Intel. The Materials are the
Confidential Information of Intel. You will maintain the confidentiality of
Intel's Confidential Information with at least the same degree of care that You
use to protect Your own confidential and proprietary information, but no less
than a reasonable degree of care under the circumstances. You will only disclose
the Confidential Information to Your employees who have a need to know and who
agree to abide by nondisclosure terms at least as comprehensive as those set
forth herein; provided that You will be liable for breach by any such employee.
For the purposes of this Agreement, the term "employee" will include Your
independent contractors, who have signed confidentiality agreements with You.
You will not make any copies of the Confidential Information except as necessary
for Your employees with a need to know. Any copies which are made will be
identified as belonging to Intel and marked "confidential", "proprietary" or
with similar legend. You will not be liable for the disclosure of any
Confidential Information which is (a) generally made available publicly or to
third parties by Intel without restriction on disclosure; (b) rightfully
received from a third party without obligation of confidentiality; (c)
rightfully known to You without any limitation on disclosure prior to Your
receipt from Intel; (d) independently developed by Your employees; or (e)
required to be disclosed in accordance with applicable laws, regulations, court,
judicial or other government order, provided that You will give Intel reasonable
notice prior to such disclosure and will comply with any applicable protective
order.
11. TERMINATION OF THIS LICENSE. This Agreement becomes effective on the date
You accept this Agreement and will continue until terminated as provided for in
this Agreement. If You are using the Materials under a time-limited license, for
example an Evaluation License, this Agreement terminates without notice on the
last day of the time period, which is specified in the Materials or on Intel's
website, and/or controlled by the serial number for the Materials. Intel may
terminate this license immediately if You are in breach of any of its terms and
conditions and such breach is not cured within thirty (30) days of written
notice from Intel. Upon termination, You will immediately return to Intel or
destroy the Materials and all copies thereof. In the event of termination of
this Agreement, the license grant to any Materials or Redistributables
distributed by You in accordance with the terms and conditions of this
Agreement, prior to the effective date of such termination, will survive any
such termination of this Agreement. Sections 1, 5, 6, 7, 8, 9, 10, 11, 12, and
13 will survive expiration or termination of this Agreement.
12. U.S. GOVERNMENT RESTRICTED RIGHTS. The technical data and computer software
covered by this license is a "Commercial Item," as such term is defined by the
FAR 2.101 (48 C.F.R. 2.101) and is "commercial computer software" and
"commercial computer software documentation" as specified under FAR 12.212 (48
C.F.R. 12.212) or DFARS 227.7202 (48 C.F.R. 227.7202), as applicable. This
commercial computer software and related documentation is provided to end users
for use by and on behalf of the U.S. Government, with only those rights as are
granted to all other end users pursuant to the terms and conditions herein. Use
for or on behalf of the U.S. Government is permitted only if the party acquiring
or using this software is properly authorized by an appropriate U.S. Government
official. This use by or for the U.S. Government clause is in lieu of, and
supersedes, any other FAR, DFARS, or other provision that addresses Government
rights in the computer software or documentation covered by this license. All
copyright licenses granted to the U.S. Government are coextensive with the
technical data and computer software licenses granted herein. The U.S.
Government will only have the right to reproduce, distribute, perform, display,
and prepare Derivative Works as needed to implement those rights.
13. GENERAL PROVISIONS.
13.1 ENTIRE AGREEMENT. This Agreement contains the complete and exclusive
agreement and understanding between the parties concerning the subject matter of
this Agreement, and supersedes all prior and contemporaneous proposals,
agreements, understanding, negotiations, representations, warranties,
conditions, and communications, oral or written, between the parties relating to
the same subject matter. This Agreement, including without limitation its
termination, has no effect on any signed non-disclosure agreements between the
parties, which remain in full force and effect as separate agreements to their
terms. Each party acknowledges and agrees that in entering into this Agreement
it has not relied on, and will not be entitled to rely on, any oral or written
representations, warranties, conditions, understanding, or communications
between the parties that are not expressly set forth in this Agreement. The
express provisions of this Agreement control over any course of performance,
course of dealing, or usage of the trade inconsistent with any of the provisions
of this Agreement. The provisions of this Agreement will prevail notwithstanding
any different, conflicting, or additional provisions that may appear on any
purchase order, acknowledgement, invoice, or other writing issued by either
party in connection with this Agreement. No modification or amendment to this
Agreement will be effective unless in writing and signed by authorized
representatives of each party, and must specifically identify this Agreement by
its title and version (e.g., "End User License Agreement for the Intel(R)
Software (Version October 2018)); except that Intel may make changes to the
Agreement as it distributes new versions of the Materials. When changes are
made, Intel will make a new version of the Agreement available on its
website: https://software.intel.com/en-us/articles/end-user-license-agreement.
If You received a copy of this Agreement translated into another language, the
English language version of this Agreement will prevail in the event of any
conflict between versions.
13.2 EXPORT. You acknowledge that the Materials and all related technical
information are subject to export controls under the laws and regulations of the
United States and any other applicable governments. You agree to comply with
these laws and regulations governing export, re-export, import, transfer,
distribution, and use of the Materials. In particular, but without limitation,
the Materials may not be exported or re-exported (a) into any U.S. embargoed
countries or (b) to any person or entity listed on a denial order published by
the U.S. government or any other applicable governments. By using the Materials,
You represent and warrant that You are not located in any such country or on any
such list. You also agree that You will not use the Materials for any purposes
prohibited by the U.S. government or other applicable governments, including,
without limitation, the development, design, manufacture or production of
nuclear, missile, chemical or biological weapons. You confirm that the Materials
will not be re-exported or sold to a third party who is known or suspected to be
involved in activities including, without limitation, the development, design,
manufacture, or production of nuclear, missile, chemical or biological weapons.
13.3 GOVERNING LAW, JURISDICTION, AND VENUE. All disputes arising out of or
related to this Agreement, whether based on contract, tort, or any other legal
or equitable theory, will in all respects be governed by, and construed and
interpreted under, the laws of the United States of America and the State of
Delaware, without reference to conflict of laws principles. The parties agree
that the United Nations Convention on Contracts for the International Sale of
Goods (1980) is specifically excluded from and will not apply to this Agreement.
All disputes arising out of or related to this Agreement, whether based on
contract, tort, or any other legal or equitable theory, will be subject to the
exclusive jurisdiction of the courts of the State of Delaware or of the Federal
courts sitting in that State. Each party submits to the personal jurisdiction of
those courts and waives all objections to that jurisdiction and venue for those
disputes.
13.4 SEVERABILITY. The parties intend that if a court holds that any provision
or part of this Agreement is invalid or unenforceable under applicable law, the
court will modify the provision to the minimum extent necessary to make it valid
and enforceable, or if it cannot be made valid and enforceable, the parties
intend that the court will sever and delete the provision or part from this
Agreement. Any change to or deletion of a provision or part of this Agreement
under this Section will not affect the validity or enforceability of the
remainder of this Agreement, which will continue in full force and effect.
* Other names and brands may be claimed as the property of others
Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
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