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Intel® EP80579 Software Drivers for Embedded Applications on Microsoft Windows XP Embedded*

Intel® EP80579 Software Drivers for Embedded Applications on Microsoft Windows XP Embedded*

Version: Embedded.X.1.0.3 (Previously Released) Date: 9/3/2009

Intel Software License Agreement

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The terms of the software license agreement included with any software you download will control your use of the software.

IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.

DO NOT USE OR LOAD THIS SOFTWARE OR ANY ASSOCIATED MATERIALS (COLLECTIVELY, "SOFTWARE") UNTIL YOU HAVE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. BY LOADING OR USING THE SOFTWARE, YOU AS AN INDIVIDUAL AND ON BEHALF OF YOUR EMPLOYER ("YOU") AGREE TO THE TERMS OF THIS AGREEMENT.

IF YOU DO NOT WISH TO SO AGREE, DO NOT INSTALL OR USE THE SOFTWARE.

Copyright (c) 2007 Intel Corporation. All rights reserved

LICENSE:

Subject to the terms of this Agreement including all restrictions below, Intel Corporation ("Intel") grants to you the following non-exclusive, non-transferable, royalty-free copyright licenses in the Software.

You may reproduce, create derivative works of, and distribute derivative works of the Software ("Distributable Software") in executable or source form, ONLY with, or as part of, Your Product (as defined below) subject to the restrictions set forth in this Agreement. Distribution for any other purpose or in any other manner is prohibited under this license.

Subject to the terms and conditions of this Agreement, with respect to the Software, Intel grants You a non-exclusive, non-transferable license (without the right to sublicense except to distribute the Software), under those claims of Intel’s patents that (a) are infringed by the Software (as delivered by Intel) and (b) Intel has the right to license, to make, use, sell, offer to sell and import the Software solely to the minimum extent necessary for You to exercise the rights under the copyright licenses granted above. This patent license shall apply solely to the Software alone and not in combination with other software or hardware, as delivered by Intel, and not to any modifications to the Software, even if permitted under the licenses granted above.

II. DISTRIBUTION RESTRICTIONS.

A. "Your Product" must be: (1) a hardware product that includes an Intel network processor ("Your Hardware Product"); and/or (2) software that runs on or interfaces with an Intel network processor; and which also includes a substantial amount of software functionality, software modifications and/or hardware that differentiates it from the Software as provided by Intel ("Your Software Product").

B. You may only distribute the Distributable Software as part of Your Product in accordance with Paragraphs C or D of this Section II.

C. DISTRIBUTION TO END USERS. An "End User" is a party that is being provided Your Hardware Product for its own use, and not for the purpose of further distribution, resale, or furnishing Your Hardware Product to a third party.

You may distribute the Distributable Software to End Users as part of Your Hardware Product subject to the condition that each End User enters into a written agreement (enforceable "shrink-wrap" or "click to accept" licenses are permissible) with the entity or person to whom you are distributing such Software that (i) prohibits copying and distribution of the Distributable Software; (ii) prohibits use of the Distributable Software except with Your Hardware Product; and (iii) includes terms that are at least as protective of Intel as the terms and conditions specified in Section III of this Agreement.

D. DISTRIBUTION TO OTHERS.

You may distribute the Distributable Software only as part of Your Software Product to parties other than End Users subject to the condition that each such party enters into a written agreement (enforceable “shrink-wrap” or “click to accept” licenses are permissible) with you that (i) requires reproduction of the above copyright notice and the following disclaimer in the documentation and/or other materials provided with the distribution; (ii) prohibits use of the Intel Corporation name or the names of its suppliers to endorse or promote products derived from the Software without specific prior written permission;(iii) prohibits reverse engineering, decompilation, or disassembly of the Software; (iv) prohibits use of the Distributable Software except with Your Product; and (v) includes terms that are at least as protective of Intel as the terms and conditions specified in Section III of this Agreement.

E. OTHER DISTRIBUTION RESTRICTIONS. Distribution of the Distributable Software is subject to the following conditions: (i) You are solely responsible to Your direct or indirect customers, distributors, sub-distributors and End Users for any warranty, update or support obligations or other liability which may arise from distribution of the Distributable Software hereunder, (ii) You shall not make any statement that Your Product is "certified," or that its performance is guaranteed, by Intel, (iii) You shall not use Intel's name or trademarks to market Your Product without written permission, and (iv) You shall indemnify, hold harmless, and defend Intel (including all of its officers, employees, directors, subsidiaries, representatives, affiliates and agents) and Intel's suppliers from and against any claims or lawsuits, including attorney's fees and expenses, that arise or result from distribution of the Distributable Software pursuant to this Agreement.

III. GENERAL.

OPEN SOURCE SOFTWARE RESTRICTIONS. Unless expressly permitted elsewhere in this license, You may not combine or distribute the Software with Open Source Software (as defined below) or with software developed using Open Source Software (e.g., tools) in a manner that subjects Intel or any portion of the Software provide by Intel hereunder to any license obligations of such Open Source Software. "Open Source Software" means any software licensed under terms requiring that other software combined or distributed with such software: (i) be disclosed or distributed in source code form; (ii) be licensed on terms inconsistent with the terms of this Agreement.

NO SUPPORT UNDER THIS LICENSE AGREEMENT. Intel has no obligation to support the Software under this Agreement.

EXPORT. You shall NOT export, either directly or indirectly, any product, service or technical data or system incorporating Software without first obtaining any required license or other approval from the U. S. Department of Commerce or any other agency or department of the United States Government. In the event any Software is exported from the United States or re-exported from a foreign destination by You, You shall ensure that the distribution and export/re-export or import of the Software is in compliance with all laws, regulations, orders, or other restrictions of the U.S. Export Administration Regulations and the appropriate foreign government. You shall NOT export/re-export any technical data, process, product, or service, directly or indirectly, to any country for which the United States government or any agency thereof or the foreign government from where it is shipping requires an export license, or other governmental approval, without first obtaining such license or approval.

OWNERSHIP OF SOFTWARE AND INTELLECTUAL PROPERTY. Title to all copies of the Software and any intellectual property therein remains with Intel or its suppliers. The Software is copyrighted and protected by the laws of the United States and other countries, and by 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 not transfer the Software.

DISCLAIMER 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 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. Any claims arising under or relating to this Agreement shall be governed by the internal substantive laws of the State of Delaware or federal courts located in Delaware, without regard to principles of conflict of laws. Each Party hereby agrees to jurisdiction and venue in the courts of the State of Delaware for all disputes and litigation arising under or relating to this Agreement. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. The Parties consent to the personal jurisdiction of the above courts. In the event any proceeding or lawsuit is brought by Intel or You in connection with this Agreement, the prevailing Party in such proceeding shall be entitled to receive its costs, expert witness fees and reasonable attorneys' fees, including costs and fees on appeal. It is understood and agreed that, notwithstanding any other provisions of this Agreement, breach of the "License" or "Distribution" sections of this Agreement by You will cause Intel irreparable damage for which recovery of money damages would be inadequate, and that Intel therefore shall be entitled to obtain timely injunctive relief to protect this Intel’s rights under this Agreement in addition to any and all remedies available at law.

GOVERNMENT RESTRICTED RIGHTS. The Software is a "commercial item" as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such 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 provide the Software to U.S. Government as an End User only pursuant to the terms and conditions therein. You shall provide the Software to foreign governments in an equivalent manner as described in this Section.

REVERSE ENGINEERING. You may not reverse-assemble, reverse-compile, or otherwise reverse-engineer any software provided solely in executable form.

ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement between You and Intel and supersedes in their entirety any and all oral or written agreements previously existing between You and Intel with respect to the subject matter hereof. For the avoidance of doubt, this Agreement shall in no way supersede any terms and conditions of any third-party software license agreement.

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