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+SOFTWARE LICENSE AGREEMENT
+
+DO NOT DOWNLOAD, INSTALL, ACCESS, COPY, OR USE ANY PORTION OF THE SOFTWARE
+UNTIL YOU HAVE READ AND ACCEPTED THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY
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+
+This SOFTWARE LICENSE AGREEMENT (this "Agreement") is entered into between
+Intel Corporation, a Delaware corporation ("Intel") and You. "You" refers to
+you or your employer or other entity for whose benefit you act, as applicable.
+If you are agreeing to the terms and conditions of this Agreement on behalf of
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+1. PURPOSE. You seek to obtain, and Intel desires to provide You, under the
+terms of this Agreement, Software solely for Your efforts to develop and
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+refers to certain software or other collateral, including, but not limited to,
+related components, operating system, application program interfaces, device
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+2. LIMITED LICENSE. Conditioned on Your compliance with the terms and
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+this Agreement, without the right to sublicense, under Intel's copyrights
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+the Software, only when integrated with and executed by an Intel-based product,
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+levels of distribution, solely as embedded in or for execution on an
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+in Appendix A hereto.
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+If You are not the final manufacturer or vendor of an Intel-based product
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+or create derivative works from the Software except and only to the extent as
+specifically required by mandatory applicable laws or any applicable third
+party license terms accompanying the Software; (iii) use or make the Software
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+5. OPEN SOURCE STATEMENT. The Software may include Open Source Software (OSS)
+licensed pursuant to OSS license agreement(s) identified in the OSS comments in
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+associated with the Software. Neither You nor any OEM, ODM, customer, or
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+
+6. THIRD PARTY SOFTWARE. Certain third party software provided with or within
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+owner of the software or (b) in combination with hardware components purchased
+from such third party and (c) subject to further license limitations by the
+software owner. A listing of any such third party limitations is in one or more
+text files accompanying the Software. You acknowledge Intel is not providing
+You with a license to such third party software and further that it is Your
+responsibility to obtain appropriate licenses from such third parties directly.
+
+7. CONFIDENTIALITY. The terms and conditions of this Agreement, exchanged
+confidential information, as well as the Software are subject to the terms and
+conditions of the Non-Disclosure Agreement(s) or Intel Pre-Release Loan
+Agreement(s) (referred to herein collectively or individually as "NDA") entered
+into by and in force between Intel and You, and in any case no less
+confidentiality protection than You apply to Your information of similar
+sensitivity. If You would like to have a contractor perform work on Your behalf
+that requires any access to or use of Software, You must obtain a written
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+conditions with respect to access to or use of Software no less restrictive
+than those set forth in this Agreement, excluding any distribution rights and
+use for any other purpose, and You will remain fully liable to Intel for the
+actions and inactions of those contractors. You may not use Intel's name in any
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+
+8. NO OBLIGATION; NO AGENCY. Intel may make changes to the Software, or items
+referenced therein, at any time without notice. Intel is not obligated to
+support, update, provide training for, or develop any further version of the
+Software or to grant any license thereto. No agency, franchise, partnership,
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+
+9. EXCLUSION OF WARRANTIES. 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 within the Software.
+
+10. LIMITATION OF LIABILITY. IN NO EVENT WILL INTEL OR ITS AFFILIATES,
+LICENSORS OR SUPPLIERS (INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS,
+EMPLOYEES, AND AGENTS) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
+LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST DATA) ARISING OUT OF
+OR IN RELATION TO THIS AGREEMENT, INCLUDING 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
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+IN PART NOT APPLY TO YOU. THE SOFTWARE LICENSED HEREUNDER IS NOT DESIGNED OR
+INTENDED FOR USE IN ANY MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS,
+TRANSPORTATION SYSTEMS, NUCLEAR SYSTEMS, OR FOR ANY OTHER MISSION CRITICAL
+APPLICATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO PERSONAL INJURY
+OR DEATH. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO
+JURISDICTION. THE LIMITED REMEDIES, WARRANTY DISCLAIMER AND LIMITED LIABILITY
+ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTEL AND YOU. YOU
+ACKNOWLEDGE INTEL WOULD BE UNABLE TO PROVIDE THE SOFTWARE WITHOUT SUCH
+LIMITATIONS. YOU WILL INDEMNIFY AND HOLD INTEL AND ITS AFFILIATES, LICENSORS
+AND SUPPLIERS (INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND
+AGENTS) HARMLESS AGAINST ALL CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES, AND
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+SUCH CLAIM ALLEGES THAT INTEL OR AN INTEL AFFILIATE, LICENSORS OR SUPPLIER WAS
+NEGLIGENT REGARDING THE DESIGN OR MANUFACTURE OF THE SOFTWARE.
+
+11. TERMINATION AND SURVIVAL. Intel may terminate this Agreement for any reason
+with thirty (30) days' notice and immediately if You or someone acting on Your
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+All Sections of this Agreement, except Section 2, will survive termination.
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+12. GOVERNING LAW AND JURISDICTION. This Agreement and any dispute arising out
+of or relating to it will be governed by the laws of the U.S.A. and Delaware,
+without regard to conflict of laws principles. The Parties exclude the
+application of the United Nations Convention on Contracts for the International
+Sale of Goods (1980). The state and federal courts sitting in Delaware, U.S.A.
+will have exclusive jurisdiction over any dispute arising out of or relating to
+this Agreement. The Parties consent to personal jurisdiction and venue in those
+courts. A Party that obtains a judgment against the other Party in the courts
+identified in this section may enforce that judgment in any court that has
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+
+13. EXPORT REGULATIONS/EXPORT CONTROL. You agree that neither You nor Your
+subsidiaries will export/re-export the Software, directly or indirectly, to any
+country for which the U.S. Department of Commerce or any other agency or
+department of the U.S. Government or the foreign government from where it is
+shipping requires an export license, or other governmental approval, without
+first obtaining any such required license or approval. In the event the
+Software is exported from the U.S.A. or re-exported from a foreign destination
+by You or Your subsidiary, You will ensure that the distribution and
+export/re-export or import of the Software complies with all laws, regulations,
+orders, or other restrictions of the U.S. Export Administration Regulations and
+the appropriate foreign government.
+
+14. GOVERNMENT RESTRICTED RIGHTS. The Software is a commercial item (as defined
+in 48 C.F.R. 2.101) consisting of commercial computer software and commercial
+computer software documentation (as those terms are used in 48 C.F.R. 12.212).
+Consistent with 48 C.F.R. 12.212 and 48 C.F.R 227.7202-1 through 227.7202-4,
+You will not provide the Software to the U.S. Government. Contractor or
+Manufacturer is Intel Corporation, 2200 Mission College Blvd., Santa Clara, CA
+95054.
+
+15. ASSIGNMENT. You may not delegate, assign or transfer this Agreement, the
+license(s) granted or any of Your rights or duties hereunder, expressly, by
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+without Intel's express prior written consent, will be null and void. Intel may
+assign, delegate and transfer this Agreement, and its rights and obligations
+hereunder, in its sole discretion.
+
+16. ENTIRE AGREEMENT; SEVERABILITY. The terms and conditions of this Agreement
+and any NDA with Intel constitute the entire agreement between the parties with
+respect to the subject matter hereof, and merge and supersede all prior or
+contemporaneous agreements, understandings, negotiations and discussions.
+Neither Party will be bound by any terms, conditions, definitions, warranties,
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+other than as expressly provided herein. In the event any provision of this
+Agreement is unenforceable or invalid under any applicable law or applicable
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+changed and interpreted so as to best accomplish the objectives of such
+provision within legal limits.
+
+17. WAIVER. The failure of a Party to require performance by the other Party of
+any provision hereof will not affect the full right to require such performance
+at any time thereafter; nor will waiver by a Party of a breach of any provision
+hereof constitute a waiver of the provision itself.
+
+18. PRIVACY. YOUR PRIVACY RIGHTS ARE SET FORTH IN INTEL'S PRIVACY NOTICE, WHICH
+FORMS A PART OF THIS AGREEMENT. PLEASE REVIEW THE PRIVACY NOTICE AT
+HTTP://WWW.INTEL.COM/PRIVACY TO LEARN HOW INTEL COLLECTS, USES AND SHARES
+INFORMATION ABOUT YOU.
+
+APPENDIX A
+INTEL END USER SOFTWARE LICENSE AGREEMENT
+
+IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
+THE FOLLOWING NOTICE, OR TERMS AND CONDITIONS SUBSTANTIALLY IDENTICAL IN NATURE
+AND EFFECT, MUST APPEAR IN THE DOCUMENTATION ASSOCIATED WITH THE INTEL-BASED
+PRODUCT INTO WHICH THE SOFTWARE IS INSTALLED. MINIMALLY, SUCH NOTICE MUST
+APPEAR IN THE USER GUIDE FOR THE PRODUCT. THE TERM "LICENSEE" IN THIS TEXT
+REFERS TO THE END USER OF THE PRODUCT.
+
+LICENSE. Licensee has a license under Intel's copyrights to reproduce Intel's
+Software only in its unmodified and binary form, (with the accompanying
+documentation, the "Software") for Licensee's personal use only, and not
+commercial use, in connection with Intel-based products for which the Software
+has been provided, subject to the following conditions:
+(a) Licensee may not disclose, distribute or transfer any part of the
+Software, and You agree to prevent unauthorized copying of the Software.
+(b) Licensee may not reverse engineer, decompile, or disassemble the
+Software.
+(c) Licensee may not sublicense the Software.
+(d) The Software may contain the software and other intellectual property
+of third party suppliers, some of which may be identified in, and licensed in
+accordance with, an enclosed license.txt file or other text or file.
+(e) Intel has no obligation to provide any support, technical assistance or
+updates for the Software.
+
+OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software
+remains with Intel or its licensors or suppliers. The Software is copyrighted
+and protected by the laws of the United States and other countries, and
+international treaty provisions. Licensee may not remove any copyright notices
+from the Software. Except as otherwise expressly provided above, Intel grants
+no express or implied right under Intel patents, copyrights, trademarks, or
+other intellectual property rights. Transfer of the license terminates
+Licensee's right to use the Software.
+DISCLAIMER OF WARRANTY. The Software is provided "AS IS" without warranty of
+any kind, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES
+OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
+
+LIMITATION OF LIABILITY. NEITHER INTEL NOR ITS LICENSORS OR SUPPLIERS WILL BE
+LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR
+INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER
+UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF INTEL HAS BEEN ADVISED OF THE
+POSSIBILITY OF SUCH DAMAGES.
+
+LICENSE TO USE COMMENTS AND SUGGESTIONS. This Agreement does NOT obligate
+Licensee to provide Intel with comments or suggestions regarding the Software.
+However, if Licensee provides Intel with comments or suggestions for the
+modification, correction, improvement or enhancement of (a) the Software or (b)
+Intel products or processes that work with the Software, Licensee grants to
+Intel a non-exclusive, worldwide, perpetual, irrevocable, transferable,
+royalty-free license, with the right to sublicense, under Licensee's
+intellectual property rights, to incorporate or otherwise utilize those
+comments and suggestions.
+
+TERMINATION OF THIS LICENSE. Intel or the sublicensor may terminate this
+license at any time if Licensee is in breach of any of its terms or conditions.
+Upon termination, Licensee will immediately destroy or return to Intel all
+copies of the Software.
+THIRD PARTY BENEFICIARY. Intel is an intended beneficiary of the End User
+License Agreement and has the right to enforce all of its terms.
+
+U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is a commercial item (as
+defined in 48 C.F.R. 2.101) consisting of commercial computer software and
+commercial computer software documentation (as those terms are used in 48
+C.F.R. 12.212), consistent with 48 C.F.R. 12.212 and 48 C.F.R 227.7202-1
+through 227.7202-4. You will not provide the Software to the U.S. Government.
+Contractor or Manufacturer is Intel Corporation, 2200 Mission College Blvd.,
+Santa Clara, CA 95054.
+
+EXPORT LAWS. Licensee agrees that neither Licensee nor Licensee's subsidiaries
+will export/re-export the Software, directly or indirectly, to any country for
+which the U.S. Department of Commerce or any other agency or department of the
+U.S. Government or the foreign government from where it is shipping requires an
+export license, or other governmental approval, without first obtaining any
+such required license or approval. In the event the Software is exported from
+the U.S.A. or re-exported from a foreign destination by Licensee, Licensee will
+ensure that the distribution and export/re-export or import of the Software
+complies with all laws, regulations, orders, or other restrictions of the U.S.
+Export Administration Regulations and the appropriate foreign government.
+
+APPLICABLE LAWS. This Agreement and any dispute arising out of or relating to
+it will be governed by the laws of the U.S.A. and Delaware, without regard to
+conflict of laws principles. The Parties to this Agreement exclude the
+application of the United Nations Convention on Contracts for the International
+Sale of Goods (1980). The state and federal courts sitting in Delaware, U.S.A.
+will have exclusive jurisdiction over any dispute arising out of or relating to
+this Agreement. The Parties consent to personal jurisdiction and venue in those
+courts. A Party that obtains a judgment against the other Party in the courts
+identified in this section may enforce that judgment in any court that has
+jurisdiction over the Parties.
+
+Licensee's specific rights may vary from country to country.
+
projects / gentoo.git / commitdiff