This software package contains the Intel® Technology Access software for the 4th Generation Intel® Core™ Processor, Intel® Core™ M Processor, or Intel® Atom™ Processor E3800 Product Family based 2-in-1 system. This package contains Intel® Technology Access version 1.4 for Windows 7*, Windows 8*, Windows 8.1* and Windows 10*.
Intel® Technology Access exposes the 2-in-1 sensor and display setting detection to the browser applications using web services. The 2-in-1 sensor determines the mode of a device (for example: tablet mode or clamshell mode). The Display settings detect and get the screen resolution and orientation values.
It also exposes the Microsoft Windows 8.x* COM sensors accelerometer, ambient light, compass, inclinometer & orientation.
*Other names and brands may be claimed as the property of others
The terms of the software license agreement included with any software you download will control your use of the software.
INTEL® TECHNOLOGY ACCESS (Intel® TA)
LIMITED LICENSE AGREEMENT
(OEM / Developer / ISV Distribution/ End User)
IMPORTANT – PLEASE READ BEFORE DOWNLOADING, INSTALLING OR USING
DO NOT download, install, access, copy, or otherwise use the Materials (as defined below), in whole or in part, until you have carefully read and unless
you accept the following terms and conditions. By downloading, installing, copying, accessing, or otherwise using the Materials, (i) you as an individual
agree to be legally bound by the terms and conditions of Appendix A or (ii) you or your employer or other entity for whose benefit you act ("Licensee")
agrees to be legally bound by the terms and conditions of this Agreement (as defined below), including any exhibits or addenda hereto. If Licensee does not
agree to these terms and conditions, please do not continue to download, install, copy, access or otherwise use the Materials, and destroy any copies of
the Materials already downloaded.
Please Also Note:
1. The license rights granted under this Agreement are limited to the Materials provided, or otherwise made available, to Licensee through a web portal or
otherwise, for use in or with a PC or mobile computing device. This Agreement and the licenses granted hereunder are not intended to and do not extend or
expand the scope of any other license or right in or to any other Intel hardware or Intel Materials that Licensee may have or receive, even if such other
Intel hardware or Intel Materials is used in or with a PC or mobile computing device.
2. Notwithstanding anything to the contrary herein, Licensee acknowledges that Intel is not obligated to provide a current or prospective Licensee with any
Materials, or to provide any update or upgrade to any Materials previously provided.
3. NOTE that certain third party Materials provided with or within the Materials may only be used (a) upon securing a commercial license directly from the
owner of the Materials, or (b) in combination with silicon purchased from such third party. A listing of any such third party limitations is provided in
one or more text files accompanying the Materials.
PREAMBLE. This Intel Technology Access Limited License Agreement (the "Agreement") is offered by Intel Corporation ("Intel") to Licensee contingent upon
and subject to Licensee’s acceptance of and adherence to the terms and conditions of this Agreement and any amendment, exhibit or addendum thereto. By
merely downloading, installing, accessing, copying or otherwise using the Materials, Licensee agrees to be legally bound by the terms and conditions of
this Agreement. Should you have any questions, concerns or otherwise do not wish to be legally bound by this Agreement, you must not download, install,
access, copy or otherwise use the Materials.
Accordingly, for good and valuable consideration the sufficiency of which is acknowledged by the parties, and intending to be legally bound, the parties
agree to the following terms, conditions and limitations:
"Authorized Derivative" means Licensee’s derivative work of any Sample Code or Sample Source Code provided or otherwise made available by Intel under this
Agreement, or any addition, deletion or other modification to any such Sample Code or Sample Source, within the scope of 17 U.S.C. Section 101.
"Binary Code" means the executable, binary code derived from Sample Code or Sample Source or an Authorized Derivative thereof.
"Developer" means an individual who researches, designs, implements, tests, distributes and supports software applications incorporating the Intel
Technology Access Software, solely pursuant to the Purpose and the terms and conditions herein.
"Developer Key" (sometimes referred to as "Mashery Key") means the cryptographic private key provided by Intel to Developers and ISVs, and embedded in the
Licensee’s Application(s) to facilitate access to the Intel Materials.
"End User" means a purchaser, recipient or any other user of an Intel® TA Enabled Applications or an Intel® TA Enabled Platform who does not resell or
redistribute such application or platform.
"Intel® TA Enabled Application" means an application that has been written or modified to support Intel Technology Access Software.
"Intel® TA Enabled Platform" means a platform in which Intel Technology Access Software has been installed and which supports Intel TA Enabled
"Intel® Technology Access Software" means one or more programs, drivers, APIs and libraries developed by Intel, and provided hereunder in Binary Code
format, which provide either directly or via a separate installer, the infrastructure required to run the Intel® TA Enabled Applications and Intel® TA
Enabled Platforms, including without limitation, access to cloud capabilities proxy.
"ISV" means a company that researches, designs, implements, tests, distributes and supports software applications incorporating the Intel Technology Access
Software, solely pursuant to the Purpose and the terms and conditions herein.
"Licensee Application(s)" means one or more programs developed by Licensee which incorporate and are designed to be compatible with the Intel® Technology
Access Software; and which are redistributed only pursuant to a license agreement with terms and conditions at least as restrictive as those contained in
the Intel End User License Agreement attached as Exhibit A.
"Licensed Patent Claims" means the claims of Intel’s patents that are necessarily and directly infringed by the reproduction and distribution of the
Materials that are authorized in this Agreement, when such Materials are in their unmodified form as delivered by Intel to Licensee 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.
"Materials" means any computer programing code, in Binary Code or Source Code as may be provided or otherwise made available by Intel to Licensee,
including without limitation, the SDK, SDK Library, Intel Technology Access Software, Sample Source, Sample Code, and any updated or improved version of
the programming code that Intel provides under this Agreement, if any, but does not include Open Source Materials or any computer programming code that is
subject to an agreement, obligation or license (whether or not accompanying the computer programming code) intended to supersede this Agreement.
"Open Source Materials" means any Materials that requires as a condition of use, modification and/or distribution of such Materials that such Materials or
other Materials incorporated into, derived from or distributed with such Materials: (a) be disclosed or distributed in Source Code form; (b) be licensed
for the purpose of making derivative works; or (c) be redistributable at no charge. Open Source Materials includes, without limitation, Materials licensed
or distributed under any of the following licenses or distribution models, or licenses or distribution models similar to any of the following: (i) GNU’s
General Public License (GPL) or Lesser/Library GPL (LGPL); (ii) the Artistic License (e.g., PERL); (iii) the Mozilla Public License; (iv) the Netscape
Public License; (v) the Sun Community Source License (SCSL); (vi) the Sun Industry Source License (SISL); (vii) the Apache Materials license; and (viii)
the Common Public License (CPL). The Open Source Materials components associated with the Materials and their corresponding license terms may be found in
one or more of: (A) text files associated with the Materials; (B) within the Source Code of the Materials; or (C) within the Source Code of the Open Source
Materials that is provided with the Materials.
"Pre-Release Software" means pre-release software indicated by terms such as "alpha", "beta", "trial", "draft", "preview", "demonstration", "demo",
"evaluation", “debug” or "engineering sample".
"Purpose" means the permitted use of the Materials under this Agreement. For ISVS and Developers, the purpose means to use the Materials to design,
develop, debug, test and distribute Licensee Applications, provided that any ISVs and Developers has no rights whatsoever to redistribute the Intel®
Technology Access Software, Sample Source, or Sample Code or derivatives or Authorized Derivatives thereof, except as embedded within a Licensee
Application, as expressly set forth in Section 2 below. For OEMs, the Purpose means to distribute the redistributable portions of the Materials, Intel®
Technology Access Software and Authorized Derivatives of the Sample Source code and Sample Code and the SDK Library solely as installed on Intel® TA
"SDK" or "Software Development Kit" means certain software (in Source Code or Binary Code format), documentation, applications, sample code, simulators,
tools, libraries including the Intel® Technology Access Software, SDK Library, APIs, data, files, and other materials provided or made available by Intel
for use by Licensee in connection with the development of Licensee Applications and Intel® TA Enabled Platforms, and includes any updates, upgrades,
modifications, bug fixes, and new releases and versions of any of the foregoing materials that may be provided or made available by Intel, but does not
include any Open Source Materials or any other Materials that are subject to an agreement, obligation, or license (whether or not accompanying the
Materials) intended to supersede this Agreement.
"Sample Code" means redistributable code samples which are listed in: (i) one or more following text files that may be included in the Software:
clredist.txt, credist.txt, fredist.txt, redist.txt, redist-rt.txt, or similar designations; or (ii) the SDK documentation.
"SDK Library" means redistributable libraries which are part of the SDK.
"Sample Source" means certain parts of the Materials that are provided in Source Code format, and which may include header files, example interface or
application source code.
"Source Code" means a form in which computer programming code logic is easily deduced by a human being with skill in the art, such as a printed listing of
the computer programming code or a form from which a printed listing can be recognized.
2. LIMITED LICENSE
Subject to the terms and conditions of this Agreement, Intel grants to Licensee a limited, nonexclusive, nontransferable, revocable, worldwide, fully
paid-up license during the term of this Agreement, without the right to sublicense, except where expressly permitted below), and solely in accordance with
(A) Under Intel’s copyrights and (subject to the third party licensing requirements reflected herein, if any) Intel’s suppliers’ copyrights:
(1) For ISVs and Developers: to internally download, install and use the SDK and the Intel® Technology Access Software solely for the Purpose. Licensee may
only sublicense or externally distribute the redistributable portions of the Intel Technology Access Software, solely as embedded in Licensee Applications.
Licensee may only sublicense or externally distribute the redistributable portions of the SDK in accordance with subsection 2(a)(3) below;
(2) For ISVs and Developers: to download, install and use the Sample Source and Sample Source in Source Code form solely for the Purpose, to modify the
Sample Source and Sample Code, compile into Binary Code the Sample Source and/or Code or Authorized Derivatives thereof, and reproduce and distribute such
compiled Binary Code, solely as embedded or integrated into Licensee’s Application and subject to Licensee including attribution of Intel in all copies of
such derivative works. Licensee may not distribute the Sample Code or Sample Source on a standalone basis, whether in Source Code or Binary Code format;
(3) For ISVs, OEMs and Developers: to incorporate and redistribute the unmodified SDK Library in Binary Code format as incorporated into or bundled with
Licensee’s Application, via a dynamic or static link. Licensee may not otherwise modify or distribute the SDK or any portion of the SDK;
(4) For ISVs and Developers: to modify, reproduce and distribute any End User documentation that may accompany the Materials and that is not subject to
obligations of confidentiality, but only in association with the Licensee Application;
(5) For OEMs: to redistribute the unmodified Intel® Technology Access Software, SDK Library, and Authorized Derivatives of the Sample Source code and
Sample Code, solely in Binary Format, and solely as installed on Intel TA Enabled Platforms, and subject to Licensee including attribution of Intel in all
copies of such derivative works; and
(6) For ISVs, OEMs and Developers: any permitted redistribution pursuant to this Section 2(A) will be subject to the third party licensing requirements
reflected herein, if any, and if to an End User, pursuant to a license agreement with terms and conditions at least as restrictive as those contained in
the Intel End User License Agreement attached hereto as Exhibit A.
(B) For ISVs, OEMs and Developers, under Intel’s Licensed Patent Claims to the Materials in the form provided by Intel, to:
(1) make copies of the Materials for internal use only;
(2) use the Materials internally only;
(3) offer to distribute, and distribute, but not sell, solely pursuant to the express Purpose and expressly as set forth in Section 2(A) above: Intel®
Technology Access Software, the SDK Library, and Authorized Derivatives of the Sample Source code and Sample Code solely pursuant to the license under
Intel’s copyrights granted in Section 2(A) above, but only under the terms and conditions of that license under Intel’s copyrights and not as a sale;
(a) provided, however, that Licensee may only distribute the Intel® Technology Access Software, SDK Library, and Authorized Derivatives of the Sample
Source and Sample Code under an agreement having terms and conditions at least as restrictive as those contained in Intel’s End User Materials License
Agreement attached as Exhibit A, and only for use in or with Intel® TA Enabled Platforms; and
(b) provided, further, that the license under the Licensed Patent Claims does not and will not apply to any modifications to, or derivative works
(including without limitation, Intel® TA Enabled Platforms, Authorized Derivatives or Licensee Applications), whether made by or on behalf of Licensee, any
of Licensee’s customers, or any other third party even if the modifications and derivative works are permitted under Section 2(A) above.
3. LICENSE LIMITATIONS.
(A) All right, title and interest in and to the Materials and associated documentation are and will remain the exclusive property of Intel and its
suppliers, as applicable. Unless expressly permitted under the Limited License, above, Licensee will not, and will not allow any third party to:
(1) use, copy or distribute the Materials or associated documentation;
(2) modify, adapt, enhance, disassemble, decompile, reverse engineer, change or create derivative works from the Materials;
(3) use or make the Materials available for the use or benefit of third parties;
(4) portions of the Materials may include Pre-Release Software. Any use of the Pre-Release Software is at Licensee’s sole risk. Pre-Release Software may
not be fully functional, it may not be at the level of performance and compatibility of a final software product, or may not operate correctly. Intel does
not give any assurances that it will ever develop or make generally available a commercial version of the Pre-Release Software.
(B) The consideration under this Agreement is only for the licenses that Intel expressly grants above. Any other rights including, but not limited to,
additional patent rights, will require an additional license and additional consideration. Nothing in this Agreement requires or will be treated to require
Intel to grant any additional license. Licensee acknowledges that an essential basis of the bargain in this Agreement is that Intel grants Licensee no
licenses or other rights including, but not limited to, patent, copyright, trade secret, trademark, trade name, service mark or other intellectual property
licenses or rights with respect to the Materials and associated documentation, by implication, estoppel or otherwise, except for the licenses expressly
granted above. Specifically, except for the licenses that Intel expressly grants above, Intel grants no licenses or other rights, expressly or by
implication, estoppel or otherwise, to:
(1) make, use, sell, offer for sale, or import modifications or derivative works of the Materials;
(2) sell or offer to sell the Materials;
(3) combine the Materials or modified versions or derivative works of the Materials with other items or to use any such combination; or
(4) any claims of any patents, patent applications, or other patent rights of Intel other than the Licensed Patent Claims.
(C) Licensee acknowledges that there are significant uses of the Materials in its original, unmodified and uncombined form. The consideration for the
licenses in this Agreement reflects Intel’s continuing right to assert patent claims against any modifications or Authorized Derivatives (including,
without limitation, error corrections and bug fixes) of, or combinations with, the Materials that Licensee or third parties make that infringe any Intel
(D) Except as expressly permitted under the license grant above, Licensee will not allow the Materials or associated documentation to be accessed or used
by third parties. Notwithstanding the foregoing, Licensee’s authorized consultants and subcontractors may access the Materials and associated documentation
where the access is necessary to their performing services on Licensee’s behalf consistent with the licenses granted to Licensee under this Agreement,
(1) Licensee first requires those consultants and subcontractors to sign written agreements obligating them to observe the same restrictions concerning the
Materials and associated documentation as are contained in this Agreement; and
(2) Licensee remains fully liable to Intel for the actions and inactions of those consultants and subcontractors.
(E) Licensee will not include in the Licensee Application any content or material of any kind that infringes the intellectual property of any person or
entity, or that infringes the privacy or data protection rights of any person.
4. INTEL WEB SITES. To the extent that Licensee uses materials downloaded from Intel web sites, including without limitation, the Intel® Developer Zone, to
the extent of any conflict between the license agreements provided with such materials and this Agreement, the terms of this Agreement will supersede.
5. LICENSE TO FEEDBACK AND MODIFICATIONS. To ensure Intel’s freedom to operate and to continue to develop the Materials licensed hereunder, Licensee agrees
to grant and does hereby grant to Intel and its affiliates a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up and transferable
license, with the right of sublicense, to and under any copyrights, trade secrets, patents and any other Licensee intellectual property rights, whether
perfected or not, to publicly perform, publically display, reproduce, use, make, have made, sell, offer for sale, distribute, import, create derivative
works of and otherwise exploit: (a) any comments, suggestions, descriptions, ideas or any other feedback provided by or on behalf of Licensee on Intel
Materials; and (b) to any derivative works, including Authorized Derivatives, created from or otherwise including the Materials.
6. MODIFICATION AND SUPPORT. Intel or its suppliers may make changes to the Materials, or to items referenced therein, at any time and without notice.
Intel may, but is not obligated to, provide support for the Materials, including the provision of updates, upgrades, bug fixes, new releases or new
versions of the Materials, at times and in manners and amounts at its sole discretion. If Intel notifies Licensee that an update, upgrade, bug fix, new
release or new version is available or in its discretion provides Licensee with any of the foregoing, Licensee agrees to distribute that update, upgrade,
bug fix, new release or new version, and to stop distributing the previous update, upgrade, bug fix, new release or new version of the Materials, within
thirty (30) days after notice from Intel. Licensee: (I) IS SOLELY RESPONSIBLE TO END USERS FOR ANY UPDATE OR SUPPORT OBLIGATION OR OTHER LIABILITY WHICH
MAY ARISE FROM THE DISTRIBUTION OF LICENSEE APPLICATION(S) OR INTEL® TA ENABLED PLATFORMS, (II) WILL NOT MAKE ANY STATEMENT THAT LICENSEE PRODUCTS ARE
"CERTIFIED" OR THAT ITS OR THEIR PERFORMANCE IS GUARANTEED BY INTEL, (III) WILL NOT USE INTEL"s NAME, LOGO OR TRADEMARKS TO MARKET LICENSEE’S PRODUCT
WITHOUT WRITTEN PERMISSION, (AND (IV) WILL INDEMNIFY, HOLD HARMLESS, AND DEFEND INTEL AND ITS LICENSEES FROM AND AGAINST ANY CLAIMS OR LAWSUITS, INCLUDING
ATTORNEY"s FEES AND COSTS AND EXPENSES OF LITIGATION, THAT ARISE OR RESULT FROM LICENSEE’S USE OR DISTRIBUTION OF ANY LICENSEE APPLICATION(S) OR INTEL® TA
ENABLED PLATFORMS, INCORPORATING OR DEVELOPED USING THE MATERIALS.
7. NO OTHER RIGHTS. Except as otherwise expressly provided above, Intel grants no express or implied rights under Intel patents, copyrights, trade secrets,
trademarks, or other intellectual property rights. Except as expressly stated in this Agreement, no license or right is granted to Licensee directly or by
implication, inducement, estoppel or otherwise. Intel has the right to inspect or have an independent auditor inspect Licensee’s relevant records to verify
Licensee’s compliance with the terms and conditions of this Agreement.
8. OPEN SOURCE STATEMENT. The Materials may include Open Source Materials that is licensed pursuant to the applicable Open Source Materials license
agreement(s) identified in the Open Source Materials comments in the applicable source code file(s) and/or file header(s) provided with or otherwise
associated with the Materials. Additional detail may be provided (where applicable) in the accompanying on-line documentation, or within the user interface
of the device, if any. With respect to Open Source Materials, nothing in this Agreement limits any rights under, or grants rights that supersede, the terms
of any applicable Open Source Materials license agreement. Neither Licensee nor any OEM, ODM, customer, or distributor, shall subject the Materials or
associated documentation, in whole or in part, to any license obligations associated with Open Source Materials including combining or distributing the
Materials and/or documentation with Open Source Materials in a manner that subjects Intel or any portion of the Materials to any license obligations of
such Open Source Materials.
9. MICROSOFT MATERIALS. The Materials may contain certain Materials or codec technology that is owned and exclusively licensed for commercial use and
distribution by Microsoft Corporation. This Microsoft Materials or codec technology, if provided within or for use with the Materials, may not be used or
further distributed without a license from Microsoft Corporation or a Microsoft Corporation affiliate.
10. CONFIDENTIALITY. If Licensee would like to have a third party consultant or subcontractor ("Contractor") perform work on Licensee’s behalf that
involves access to or use of Materials, Licensee shall obtain a written confidentiality agreement from the Contractor which contains terms and conditions
with respect to access to or use of Materials no less restrictive than those set forth in this Agreement and excluding any distribution rights and use for
any other purpose, and Licensee will remain fully liable to Intel for the actions and inactions of those Contractors. Otherwise, Licensee must not disclose
the terms or existence of this Agreement, and must not use Intel"s name in any publications, advertisements, or other announcements without Intel"s prior
written consent. Licensee does not have any right to use any Intel trademarks or logos.
11. DATA PRIVACY.
A. Licensee must protect the privacy and legal rights of End Users. Licensee must make End Users explicitly aware that the information will be available to
Licensee’s Applications, and Licensee must provide legally adequate privacy notices and protections for those End Users. If Licensee’s Applications store
personal or sensitive information provided by End Users, Licensee must ensure that Licensee Applications do so securely. If the End User provides Licensee
Applications with Intel account information, Licensee Applications may only use that information to access the End User"s Intel account when, and for the
limited purposes for which, the End User has given Licensee permission to do so. Applications that access privacy sensitive sensors such as, but not
limited to, camera, microphones, GPS or sensors that collect biometric data must notify and obtain consent from an End User before privacy sensitive sensor
data is collected, transmitted or otherwise used by Licensee Applications.
B. The Materials collect the following End User information: computer, system and application software and peripherals to facilitate the provision of
updates to the Materials, product support, if any, and other services (if any) related to the Materials. Furthermore, with respect to Developers and ISVs,
the Developer Key collects user names, display names, emails and application names. Licensee must display, and must ensure that each End User affirmatively
accepts, the following statement prior to installation or use of each Licensee Application and with each sale of Intel® TA Enabled Platforms: "This
application or web site uses Intel services and may share information with Intel, including identity and device information. For more detail, please see
the Intel Online Privacy Notice located at http://www.intel.com/privacy ."
C. Licensee must not disable or by-pass any security features of the Materials, or use the Materials to develop Licensee Applications that (i) can disable
or by-pass such security features or (ii) can cause a Security Vulnerability. "Security Vulnerability" means a weakness or flaw in a software product or
system’s design, operation or implementation that could be exploited by an attacker to violate the software product or system’s security or privacy
policies, including without limitation, a flaw that makes it infeasible, even when the product is properly used, to prevent an attacker from usurping
privileges on a user’s system, compromising its data, security or other operational features. If you become aware that your product can cause a Security
Vulnerability, you agree to (1) immediately notify Intel, (2) take immediate measures to stop the internal distribution of your product, (3) promptly
correct such Security Vulnerability and (4) indemnify Intel for any claims that may be alleged against Intel due to such Security Vulnerability.
D. Licensee’s obligations under this Section 11 (Data Privacy) or any other obligations of privacy under this Agreement and Licensee’s liability for any
breach or failure of such obligations are not diminished by any capability, use or function of the Materials to check for compliance or confirm affirmative
acceptance by End Users.
12. OWNERSHIP OF MATERIALS AND COPYRIGHTS. Title to all copies of the Materials remains with Intel or its suppliers, as applicable. The Materials 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 Materials.
13. SUPPORT. 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. Intel may in its sole discretion offer such services under separate terms at Intel’s then-current rates. Licensee
may request additional information on Intel’s service offerings from an Intel sales representative. Licensee agrees to be solely responsible to Licensee’s
End Users for any update or support obligation or other liability which may arise from the distribution of the Materials.
14. EXCLUSION OF WARRANTIES. THE MATERIALS 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 Materials.
15. LIMITATION OF LIABILITY. IN NO EVENT WILL INTEL OR ITS AFFILIATES 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 INFORMATION) ARISING OUT OF OR IN
RELATION TO THIS AGREEMENT, INCUDING THE USE OF OR INABILITY TO USE THE MATERIALS, 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 IN
PART NOT APPLY TO LICENSEE. LICENSEE MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE MATERIALS LICENSED HEREUNDER ARE 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 MATERIALS COULD LEAD TO PERSONAL INJURY OR DEATH. LICENSEE WILL INDEMNIFY AND HOLD INTEL AND ITS
AFFILIATES AND SUPPLIERS (INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) HARMLESS AGAINST ALL CLAIMS, LIABILITIES, LOSSES, COSTS,
DAMAGES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES AND EXPENSES, AND COSTS OF LITIGATION), ARISING OUT OF, DIRECTLY OR INDIRECTLY, THE DISTRIBUTION
OF THE MATERIALS AND ANY CLAIM OF PRODUCT LIABILITY, PERSONAL INJURY OR DEATH ASSOCIATED WITH ANY UNINTENDED USE, EVEN IF SUCH CLAIM ALLEGES THAT INTEL OR
AN INTEL AFFILIATE OR SUPPLIER WAS NEGLIGENT REGARDING THE DESIGN OR MANUFACTURE OF THE MATERIALS. THE LIMITED REMEDIES, WARRANTY DISCLAIMER AND LIMITED
LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTEL AND LICENSEE. AND INTEL WOULD NOT BE ABLE TO PROVIDE THE MATERIALS WITHOUT
16. INDEMNIFICATION. Licensee will indemnify and hold harmless, and at Intel’s option defend, Intel and its affiliates and their respective directors,
officers, employees and agents from and against any and all third party claims, actions, suits, or proceedings, as well as any and all associated losses,
liabilities, damages, costs and expenses (including reasonable attorney’s fees), arising out of or in connection with: (a) Licensee’s use or distribution
of the Materials; (b) any allegation that any Licensee’s Application or its use infringes or misappropriates any copyright, trademark, trade secret, trade
dress, patent or other intellectual property right of any person (including combinations of any Materials with other technology) or defames any person or
violates their rights of publicity or privacy; and (c) any non-compliance by Licensee with this Agreement. The foregoing indemnity and defense obligations
of Licensee are subject to the following conditions: (i) Intel will promptly notify Licensee of any such claim of which it has notice (provided that
Intel’s failure to provide such notice will not release Licensee from any of its obligations in this Section 16); (ii) Intel will, at Licensee’s sole cost
and expense, have sole control of the defense and settlement of any such claim, even if Intel requests that Licensee defend or otherwise participate in the
defense or settlement of such claim; (iii) Licensee will not, without Intel’s prior written consent, settle or compromise any such claim; and (iv) Licensee
must provide Intel, at Licensee’s sole cost and expense, all information and assistance required in defending and settling any such claim.
17. TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement and any and all License Developer Keys, immediately and without notice, if Licensee
or any Licensee consultants or subcontractors violates any of its terms or conditions, or Intel is required to do so by law, or Intel decides to no longer
provide the Materials or certain parts of the Materials if in Intel’s sole discretion, the Materials are no longer commercially viable. Upon termination,
Licensee will immediately destroy the Materials and all copies thereof in Licensee’s and Licensee’s authorized subcontractors’ and consultants’ possession
or control (including providing certification of such destruction back to Intel) or return all copies of the Materials to Intel. In the event of
termination of this Agreement, all licenses granted to Licensee hereunder shall immediately terminate. Intel will not be liable, whether for compensation,
indemnity, damages of any sort, or otherwise, as a result of terminating this Agreement, in accordance with its provisions, and termination of this
Agreement will be without prejudice to any other right or remedy Intel may have, now or in the future. Sections 3 through 22 herein will survive any
termination of this Agreement. In addition, any provision of this Agreement which by its express term or nature would survive termination of this
Agreement, will also survive the termination of this Agreement.
18. SEVERABILITY. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable
court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision
shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or
applicable court decisions.
19. WAIVER. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such
performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the
20. LANGUAGE. This Agreement is in the English language only, which language shall be controlling in all respects, and all versions of this Agreement in
any other language shall be for accommodation only and shall not be binding on Licensee or Intel. All communications and notices made or given pursuant to
this Agreement, and all documentation and support to be provided, unless otherwise noted, shall be in the English language.
21. UNAUTHORIZED USE; BETA VERSIONS.
THE MATERIALS ARE NOT DESIGNED, INTENDED, OR AUTHORIZED FOR USE IN ANY TYPE OF 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 LIFE SAVING SYSTEMS). Should Licensee use the Materials for
any such unintended or unauthorized use, Licensee shall indemnify and hold harmless Intel and its affiliates and their respective directors, officers,
employees and agents from and against any and all third party claims, actions, suits, or proceedings, as well as any associated losses, liabilities costs,
damages, and expenses (including reasonable attorney’s fees), arising out of or in connection with any product liability, personal injury or death
associated with such unintended or unauthorized use, even if such claim alleges that Intel was negligent regarding the design or manufacture of or
information relating to the Materials. Further, the Materials represents "beta" versions which remain under development and are not "generally available"
or similar versions. Intel is under no obligation to develop, distribute, or license any subsequent versions of any Materials (including any "generally
available" or similar versions). Licensee acknowledges that significant changes (such as changes to or elimination of functionality, including APIs) may be
made to future versions of the Materials, and that the Materials may contain bugs or other errors and may lack certifications and regulatory approvals.
A. Governing Law and Jurisdiction. All matters arising out of or related to this Agreement, including without limitation all matters connected with its
performance, shall be construed, interpreted, applied and governed in all respects in accordance with the laws of the United States of America and the
State of Delaware, without reference to conflict of laws principles. All disputes and litigation arising out of or related to this Agreement, including
without limitation matters connected with its performance, shall be subject to the exclusive jurisdiction of the courts of the State of Delaware or of the
Federal courts sitting therein. Each Party hereby irrevocably submits to the personal jurisdiction of such courts and irrevocably waives all objections to
B. Audit. Intel will have the right to inspect or have an independent auditor inspect Licensee’s relevant records to verify compliance with the terms and
conditions of this Agreement. Audit rights shall be limited to two (2) times per year, upon reasonable prior notice, and during business hours. Each party
shall bear its own costs associated with any audit. Licensee shall provide reasonable access to Licensee facilities for Intel or its independent auditor to
conduct such audit.
C. Assignment. Licensee may not assign or otherwise transfer this Agreement or any right or obligation hereunder to a third party, expressly, through
merger or acquisition, by operation of law or otherwise, without the prior written consent of Intel, and any attempt to do so without Intel’s prior written
consent will be null and void. Intel may assign or otherwise transfer this Agreement or any right or obligation hereunder to a third party, expressly,
through merger or acquisition, by operation of law or otherwise, without the prior written consent of Licensee.
D. Relationship of Parties. The parties hereto are independent contractors. No party has any express or implied right or authority to assume or create any
obligations on behalf of the other or to bind the other to any contract, agreement or undertaking with any third party. Nothing in this Agreement will be
construed to create a partnership, joint venture, employment or agency relationship between the parties.
E. General Notices. All notices required or permitted to be given hereunder shall be in writing, shall make reference to this Agreement, and shall be
delivered by hand, or dispatched by prepaid courier or by registered or certified mail, postage prepaid, to the address specified in Licensee registration
to access this Agreement, or if no address is specified in such Licensee registration then to any address published by Licensee. Such notices shall be
deemed served when received by addressee or, if delivery is not accomplished by reason of some fault or omission of the addressee, when tendered for
delivery. Any party may give written notice of a change of address and, after notice of such change has been received, any notice or request shall
thereafter be given to such party at such changed address.
F. Export Control. The Materials is subject to United States export laws and regulations. Licensee must comply with all domestic and international export
laws and regulations that apply to the Materials. These laws include restrictions and destinations, end users and end use. Licensee and or any of its
subsidiaries shall not import, export, reexport, distribute or transfer either directly or indirectly, any software, service or technical data or system
incorporating such items without first obtaining any required license or other approval from the U.S. and any other worldwide government agency that has
jurisdiction over such trade activities.
G. Injunctive Relief. It is understood and agreed that money damages might not be a sufficient remedy for a breach of this Agreement by Licensee and that
Intel may be entitled to seek equitable relief, including injunction and specific performance, as a remedy for any such breach.
H. Rights and Remedies. The rights and remedies of the parties herein are in addition to any other rights and remedies provided by law or in equity.
I. Compliance with Laws and Rules. Licensee must comply with all national, state, and local laws and regulations governing the development, manufacture,
transportation, import, export, or sale of Licensee Applications and its performance under this Agreement.
J. Trademarks. Third-party trademarks, trade names, product names and logos (the "Trademarks") contained in or used by the Materials are the trademarks or
registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner. The use of such
Trademarks is intended to denote interoperability and does not constitute: (i) an affiliation by Intel and its Licensees with such company, or (ii) an
endorsement or approval of such company by Intel and its Licensees and its products or services.
K. U.S. Government Restricted Rights. The technical data and computer Materials covered by this Agreement is a "Commercial Item," as such term is defined
by the FAR 2.101 (48 C.F.R. 2.101) and is "commercial computer Materials" and "commercial computer Materials 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 Materials 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 under the terms and conditions herein.
Use for or on behalf of the U.S. Government is permitted only if the party acquiring or using the Materials 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 Materials contemplated by this Agreement.
L. Notice of Misuse. If Licensee becomes aware of any compromise, misappropriation or misuse of a Licensee Private Key, Licensee must immediately notify
Intel and disclose to Intel any known details of such act. Notifications required under this Section should be mailed to:
2200 Mission College Blvd M/S RNB 4-151
Santa, Clara, CA 95054
United States of America
Post Contracts Management
1900 Prairie City Rd
Folsom CA 95630
United States of America
M. Right to Revoke. Intel retains the right to revoke any Licensee Private Key at any time for any reason, including without limitation, for the following
(1) Intel believes, in good faith, that a Licensee Private Key has been compromised, misappropriated, lost, intercepted, or is otherwise being used without
(2) Intel believes, in good faith, that Licensee has breached any provision of this Agreement; or
(3) Upon termination of this Agreement.
(4) Licensee acknowledges and agrees that revocation of a Licensee Private Key may disable the ability of Licensee’s Applications. If Intel’s revocation is
due to Licensee’s breach of this Agreement, Licensee’s negligence or Licensee’s intentional wrongdoing then Intel may require Licensee to pay any actual
costs associated with such revocation.
N. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the use of the Materials and supersedes all prior
understandings regarding such subject matter. This Agreement may be modified only: (a) by a written amendment signed by both parties; or (b) to the extent
expressly permitted by this Agreement (for example, by Intel by written or email notice to Licensee). Any translation of this Agreement is done for local
requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern.
INTEL® TECHNOLOGY ACCESS
INTEL END USER LICENSE AGREEMENT
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
Do not copy, install, or use the Intel Software provided under this license agreement (this "Agreement") until you have carefully read the following terms
and conditions. By downloading, installing, or using the Software, the individual using the Software (hereinafter, "You" or "Your") 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, or use the Software.
These license terms are a legal agreement between You and Intel Corporation ("Intel"). This Agreement applies to any updates or new versions of the
Software, unless the update or new version includes separate terms.
"Licensed Patent Claims" means the claims of Intel’s patents that are necessarily and directly infringed by the reproduction and distribution of the
Software that are authorized in this Agreement, when such Software 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.
"Software" means any computer programing code, in binary code as may be provided or otherwise made available by Intel to You, including without limitation,
Intel Technology Access Software, and any updated or improved version of the programming code that Intel provides under this Agreement, if any, but does
not include Open Source Software or any computer programming code that is subject to an agreement, obligation or license (whether or not accompanying the
computer programming code) intended to supersede this Agreement.
"Open Source Software" means any software that requires as a condition of use, modification and/or distribution of such software that such 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 for
the purpose of making derivative works; or (c) be redistributable at no charge. Open Source Software includes, without limitation, software licensed or
distributed under any of the following licenses or distribution models, or licenses or distribution models similar to any of the following: (i) GNU’s
General Public License (GPL) or Lesser/Library GPL (LGPL); (ii) the Artistic License (e.g., PERL); (iii) the Mozilla Public License; (iv) the Netscape
Public License; (v) the Sun Community Source License (SCSL); (vi) the Sun Industry Source License (SISL); (vii) the Apache software license; and (viii) the
Common Public License (CPL). The Open Source Software components associated with the Software and their corresponding license terms may be found in one or
more of: (A) text files associated with the Software; (B) within the Source Code of the Software; or (C) within the source code of the Open Source Software
that is provided with the Software.
"Pre-Release Software" means pre-release software indicated by terms such as "alpha", "beta", "trial", "draft", "preview",
"demonstration", "demo", "evaluation" or "engineering sample".
2. LIMITED LICENSE
Subject to the terms and conditions of this Agreement, Intel grants to You a limited, nonexclusive, non-sublicenseable, nontransferable, revocable,
worldwide, fully paid-up license during the term of this Agreement, without the right to sublicense:
(A) Under Intel’s copyrights and (subject to the third party licensing requirements reflected herein, if any) Intel’s suppliers’ copyrights solely to use
the Software internally for Your personal or internal business use only, and not to reproduce, (except as permitted under Section 2(D) below), modify or
create derivative works of, distribute (internally or externally) or otherwise to disclose, distribute, or use the Software; and
(B) Under Intel’s Licensed Patent Claims to the Software in the form provided by Intel, to: use the Software internally only solely to the extent set forth
in Section 2(A) above but not to make, have made, sell or offer for sale, distribute, import or export the Software or any other technology; and
(C) Provided, further, that the license under the Licensed Patent Claims does not and will not apply to any modifications to, or derivative works made by
You, even if the modifications and derivative works are permitted under Section 2(A) above.
(D) So long as You comply with the terms of this Agreement, You may install or use the Software, or both, on devices for Your personal or internal business
use. You may make a single backup copy of the Software in machine-readable form; provided that the backup copy must include all copyright and other
proprietary notices contained in the original.
(E) Title to the Software and all copies, derivative works and embodiments thereof and modifications, improvements, and enhancements thereto, remains with
Intel or its suppliers. The Software is non-exclusively licensed to You, not sold. Intel reserves all rights not expressly granted herein.
(F) You must comply with any technical limitations in the Software or specified in this Agreement or the Documentation for the Software that only allow You
to use it in certain ways.
3. RESTRICTIONS. Except as expressly permitted under this Agreement or by applicable law, You may not:
1) reverse engineer, decompile or disassemble any part of the Software, except only to the extent that applicable law expressly permits, despite this
limitation (for example, to the extent Article 6 of the European Community"s Directive for the Legal Protection of Computer Programs, 91/250/EG (14 May
1991) applies to You); or
2) use, copy, modify, create derivative works, sublicense, rent, lease, lend, sell, distribute, publicly perform, publicly display or transfer any part of
the Software except as provided in this Agreement, and You agree to prevent unauthorized copying of the Software; or
3) use any part of the Software to try to gain unauthorized access to any data, account, network or other service by any means, or in any way that would
harm or impair anyone else’s use thereof; or
4) transfer or assign any part of the Software or this Agreement to any third party.
The Software may contain the software or other property of third party suppliers, some of which may be identified in, and licensed in accordance with, any
enclosed "license.txt" or "read me" file or other text or file. 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. Except as expressly provided in this Agreement,
no license or right is granted to You directly or by implication, inducement, estoppel or otherwise; in particular, Intel does not grant any express or
implied right to You under Intel semiconductor or maskwork patents, trademarks, or trade secret information.
4. UNAUTHORIZED USE: THE SOFTWARE IS NOT DESIGNED, INTENDED, OR AUTHORIZED FOR USE IN ANY TYPE OF SYSTEM OR MANNER IN WHICH THE FAILURE OF THE SOFTWARE OR
APPLICATION COULD CREATE A SITUATION WHERE ENVIRONMENTAL DAMAGE, PERSONAL INJURY OR DEATH MAY OCCUR (E.G MEDICAL SYSTEMS, LIFE SUSTAINING OR LIFE SAVING
SYSTEMS). Should You use the Software or any related application for any such unintended or unauthorized use, You agree to indemnify and hold Intel and its
officers, subsidiaries and affiliates harmless against all claims, costs, damages, and expenses, and reasonable attorney fees arising out of, directly or
indirectly, any claim of product liability, personal injury or death associated with such unintended or unauthorized use, even if such claim alleges that
Intel was negligent regarding the design or manufacture of the Software.
5. CONSENT. You agree that Intel, its subsidiaries or suppliers may collect and use technical and related information, including without limitation,
technical information about Your computer, system and application software, peripherals and
1) Sensors to report screen resolution, whether device is in laptop or tablet mode, or in horizontal or vertical mode
2) Ambient Light
3) Accelerometer 3D
4) Compass 3D (Magnetic North Compensated Value)
5) Orientation (Tilt Readings for X,Y, Z) & (Quaternion and Rotation Matrix values)
that is gathered periodically to facilitate the provision of Software updates, product support and other services to You (if any) related to the Software.
Intel may use this information, and in the event of a Software program vulnerability, error or crash, may share it with other persons such as the supplier
of such program, as long as it is in a form that does not personally identify You, to improve Intel products or to provide services or technologies to You.
In order to collect and use the technical information described above, You agree Intel may place an identifier on Your device. This identifier may also be
used by Intel to associate Your device(s) with other Intel applications and, if You grant permission, with You as a user. This identifier is not shared
with third parties. This application or web site uses Intel services and may share information with Intel, including identity and device information. For
more detail please see the Intel Online Privacy Notice located at http://www.intel.com/privacy.
6. NO SUPPORT SERVICES; UPDATES. Neither Intel, the manufacturer of Your device, nor Your internet service provider, are responsible for providing support
services for the Software. Contact Intel to determine if any support services are available. Intel may make changes to the Software at any time without
notice, but is not obligated to support or update the Software. The Software may automatically download and install updates from time to time from Intel.
These updates are designed to improve, protect, and enhance the Software and may take the form of bug fixes, security patches, enhanced functions, new
software modules and completely new versions. You agree that Intel may deliver such updates to You as part of Your use of the Software.
7. EXCLUSION OF WARRANTIES. THE SOFTWARE AND ANY SERVICES PROVIDED IN CONNECTION THEREWITH ARE PROVIDED "AS IS" AND WITH ALL FAULTS. YOU ASSUME AND BEAR
ALL RISKS ASSOCIATED WITH THE DOWNLOAD, INSTALLATION AND USE OF THE SOFTWARE AND ANY SERVICES. INTEL PROVIDES NO WARRANTY OF ANY KIND WITH RESPECT TO THE
SOFTWARE OR SERVICES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS,
FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OTHERWISE ARISING OUT OF ANY PROPOSAL, SPECIFICATION OR SAMPLE. 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. Intel does not
warrant that Your use of the Software will be uninterrupted or error-free, nor that defects in the Software will be corrected. You may have additional
consumer rights under local laws in Your jurisdiction which this Agreement cannot change.
8. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER IN
CONNECTION WITH THIS AGREEMENT, WHETHER ARISING FROM LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OR CORRUPTION OF DATA, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, IRRESPECTIVE OF THE THEORY OF LIABILITY,
REGARDLESS OF WHETHER INTEL HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL INTEL’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM THIS AGREEMENT EXCEED THE SUM OF FIVE UNITED STATES DOLLARS ($5.00).
THE WARRANTY DISCLAIMER AND LIMITATIONS ON LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTEL AND YOU. INTEL WOULD NOT BE ABLE TO
PROVIDE THE SOFTWARE WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS MAY PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES (IF ANY) OR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN ITS ENTIRETY. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM
JURISDICTION TO JURISDICTION.
9. TERMINATION OF THIS AGREEMENT. This Agreement becomes effective on the date You accept it and will continue until terminated as provided for in this
Agreement. Intel may terminate this Agreement at any time if You violate its terms. Upon termination, You will immediately delete the Software and cease
using the Software and all copies of the Software.
10. LANGUAGE; 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.
11. TRADE COMPLIANCE. You and or any of Your subsidiaries shall not import, export, reexport, distribute or transfer either directly or indirectly, any
product, service or technical data or system incorporating such items without first obtaining any required license or other approval from the U.S. and any
other worldwide government agency that has jurisdiction over such trade activities.
12. U.S. GOVERNMENT RIGHTS: The Software is a "Commercial Item" as that term is defined at FAR 2.101, consisting of "Commercial Computer Software" and
"Commercial Computer Software Documentation", as such terms are used in FAR 12.212 and FAR 227.7202. Consistent with these regulations, the Software is
being licensed to United States Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users
pursuant to the terms and conditions herein. Use of the Software by the United States Government constitutes acknowledgment and agreement to abide by these
terms and conditions.
13. APPLICABLE LAWS; ENTIRE AGREEMENT. Claims arising under this Agreement shall be governed by the laws of the State of Delaware, excluding its principles
of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. 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.
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