The terms of the software license agreement included with any software you download will control your use of the software.
This license is applicable to the Intel® System Management Software and its software components - Intel® Active System Console, Intel® Server Management Pack, Intel® Modular Server Management Pack, Intel® Server Management Agent for Windows*, Intel® Server Management Agent for Linux*, Intel® SNMP Subagent, Intel® Modular Server Add-in for Microsoft Windows* Essential Business Server 2008 and Intel® Multi-Server Manager.
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
Do not use or load this software and any associated materials (collectively, the "Software") until you have carefully read the following terms and conditions. By loading or using the Software, you agree to the terms of this Agreement. If you do not wish to so agree, do not install or use the Software. The Software may include Open Source portions offered on terms in addition to those set out here, as set out in an open source license accompanying those portions. Details of the open source components and related license text can be found at http://support.intel.com/support/motherboards/server/sysmgmt/sb/CS-031025.htm
End User License: If you are an End User, meaning that that you have acquired the Intel hardware-based server board, system or accessory (the “Intel Hardware”) for which the Software was provided primarily for your (or your employer's) own use and not for redistribution or resale, Intel grants you a limited copyright license to copy or otherwise install and run the Software for the purpose of supporting the Intel Hardware. You may not transfer the Software to another person or entity unless you also transfer the Intel Hardware for which the Software was provided and your transferee agrees to be bound by the terms of this license agreement. Other terms are provided below under the heading "Other Terms/Restrictions".
OEM License: If you are an Original Equipment Manufacturer or any other entity in the business of providing computer hardware products in the chain of manufacture or distribution to End Users, Intel grants you a limited copyright license, subject to the terms and restrictions herein, to copy, modify (your modifications being your “Derivatives”) and redistribute the Software to others in such chain of manufacture or distribution and to End Users for use only as a system management tool for the Intel hardware-based server board or system (the "Intel Hardware") for which the Software is provided as listed on the box or collateral provided with the CD-ROM or as posted on the Intel website from which you obtained the software.
THE OEM LICENSE TO MODIFY THE SOFTWARE, HELP AND DOCUMENTATION IS LIMITED TO COMPONENTS AND LANGUAGES AS DISCRIBED IN "SMS OEM CUSTOMISATION KIT" DOCUMENT.
1. Modify the Software's GUI to substitute your company's own branding and “look and feel” (color scheme, graphical elements, fonts) in place of its existing branding and look and feel.
2. Substitute your logo for Intel's logo (except that you shall retain Intel's copyright notice) and include your copyright notice along with Intel's copyright notice.
1. Retain the substance of all legal disclaimers contained in the unmodified Software, including without limitation disclaimers regarding warranty, errata and Intel's right to make changes to specifications and product descriptions at any time.
2. Distribute the Software only under license terms substantially similar to and no less protective of Intel and its suppliers than those contained herein.
3. Upon Intel's release of an update, upgrade or new version of the Software, you will make reasonable efforts to discontinue distribution of the portions of the Software that you are licensed hereunder to distribute, and to make reasonable efforts to distribute such updates, upgrades or new versions to your customers who have received the Software.
4. Be solely responsible to your customers for any update or support obligation and other liability which may arise from your distribution;
5. 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 distribution or modification of any part of the Software.
OEM SHALL NOT:
1. Make any modification to the Software other than described above under the heading “OEM MAY”.
2. Render the Software incomplete, inaccurate or misleading;
3. Use or distribute the Software for any purpose other than to support your Intel-hardware based computer, board/chassis combinations, and other products
4. Charge a fee of any kind for the modified or unmodified Software you distribute;
5. Use trademarks, logos or trade names appearing in the Software provided hereunder for any other purpose.
6. Make any statement that your product is "certified," or that its performance is guaranteed, by Intel.
OTHER TERMS/RESTRICTIONS (applicable to both OEM's and End-users):
A. You shall not reverse-assemble, reverse-compile, or otherwise reverse-engineer any part of the Software.
B. You shall not, other than as you are authorized hereby, use, copy, modify, adapt, create derivative works, rent, sell or transfer the Software or any portion thereof and you agree to take reasonable measures to prevent unauthorized copying of the Software.
C. Title to all copies of the Software remains with Intel or its suppliers. The Software is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. You may not remove any copyright notices from the Software. Intel may make changes to the Software, or to items referenced therein, at any time without notice, but is not obligated to support or update the Software. Intel grants no express or implied right to you or your customers under Intel patents, copyrights (except as expressly set forth herein), trademarks, or other intellectual property rights under this license. You may transfer the Software only if the recipient agrees to be fully bound by these terms.
D. THIRD PARTY SOFTWARE: Third party software (e.g., drivers, utilities, operating system components, etc.) which may be distributed with the licensed Software hereunder is provided "AS IS" without warranty of any kind, whether express or implied, and your use and installation thereof is subject to the third party licenses supplied with such software. Intel expressly disclaims liability of any kind with respect to your installation or use of third party software.
E. Limited Media Warranty: If the Software has been delivered by Intel on physical media, Intel warrants the media to be free from material physical defects for a period of ninety days after delivery by Intel. If such a defect is found, return the media to Intel for replacement or alternate delivery of the Software as Intel may select.
F. EXCLUSION OF OTHER WARRANTIES. EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Intel and its suppliers do not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software.
G. 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.
H. 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.
I. APPLICABLE LAWS. Any claims arising under or relating to this Agreement shall be governed by the internal substantive laws of Delaware, without regard to principles of conflict of laws. Furthermore, the terms of the Convention of Contracts for the International Sale of Goods (CISG) shall not apply to this agreement. You may not export the Software in violation of applicable export laws and regulations. Intel is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Intel.
J. GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Software by the Government constitutes acknowledgment of Intel's proprietary rights therein. Contractor or Manufacturer is Intel Corporation, 2200 Mission College Blvd., Santa Clara, CA 95052.
K. SEVERABILITY: The terms and conditions stated in this Agreement are declared to be severable. If any paragraph, provision, or clause in this Agreement shall be found or be held to be invalid or unenforceable in any jurisdiction in which this Agreement is being performed, the remainder of this Agreement shall remain valid and enforceable.
L. COMPLETE AGREEMENT: This is the complete and exclusive statement of this Agreement between you an Intel. This Agreement supersedes any and all prior agreements or understandings, written or oral, with respect to the subject matter of this Agreement.
M. TRANSLATIONS: In the event that the English language version of this Agreement is accompanied by any other version translated into any other language, such translated version is provided for convenience purposes only and the English language version shall control.