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DO NOT USE, COPY OR REPRODUCE THE SPECIFICATIONS UNTIL YOU HAVE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. BY USING THESE SPECIFICATIONS, YOU AGREE TO THIS AGREEMENT. IF YOU DO NOT WISH TO SO AGREE, DO NOT PROCEED TO DOWNLOAD, OR COPY OR USE THE SPECIFICATIONS. IF YOU ARE AN EMPLOYEE OR OTHER AGENT OF A LEGAL ENTITY YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH LEGAL ENTITY TO THIS AGREEMENT.
1.1. “Intel” means Intel Corporation and its wholly owned subsidiaries and affiliates as the case may be.
1.2. “Specifications” means the document titled Digital Signage Open Pluggable Specification, electrical, mechanical and thermal specifications and the accompanying materials or documents made available under this Agreement.
1.3. “You” or “Your” means You as an individual or, if You are accepting this agreement on behalf of a legal entity (such as a corporation, partnership or government agency), “You” or “Your” means such legal entity.
Intel grants to You, under Intel copyrights, a royalty-free, non-exclusive, non-transferable, revocable license, without the right to sublicense, to copy and reproduce the Specifications internally, solely for the purpose of designing, manufacturing, selling of digital signages. This license shall include Your third-party consultants or subcontractors who are performing services for You and agree to be bound by terms that are no less restrictive than those set forth herein. For the avoidance of doubt, no modification rights are granted hereunder. EXCEPT AS EXPLICITLY SET FORTH IN THIS PARAGRAPH, NO LICENSE, EXPRESS OR IMPLIED, BY ESTOPPEL OR OTHERWISE, TO ANY INTELLECTUAL PROPERTY RIGHTS IS GRANTED HEREIN.
3. License to use feedback.
This Agreement does NOT obligate You to provide Intel with comments, modifications, improvements, corrections, suggestions, enhancement or other feedback regarding the Specifications or Intel products that work with the Specifications (collectively, “Feedback”). However, should You provide Intel with Feedback, however provided and however designated, marked or labeled, Intel will be free to use, disclose, reproduce, license, sublicense or otherwise distribute or exploit the Feedback in its sole discretion without any obligations or restrictions of any kind, including without limitation, intellectual property rights or licensing obligations.
4. Important Disclaimers.
4.1. Intel products are not intended for use in medical, life saving, life sustaining, critical control or safety systems, or in nuclear facility applications.
4.2. Intel may make changes to specifications, plans and product descriptions at any time, without notice.
4.3. You must not rely on the absence or characteristics of any features or instructions marked "reserved" or "undefined." Intel reserves these for future definition and shall have no responsibility whatsoever for conflicts or incompatibilities arising from future changes to them.
4.4. The Specifications may contain information on products in the design phase of development and are subject to change without notice.
4.5. The Intel products described in the Specifications may contain design defects or errors known as errata which may cause these products to deviate from published specifications. Current characterized errata are available on request.
5. DISCLAIMER OF WARRANTIES.
THE SPECIFICATIONS ARE 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 Specifications.
6. 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 SPECIFICATIONS, 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.
Intel may terminate this agreement at any time if You breach these terms. Upon termination, You will immediately destroy the Specifications (including providing certification of such destruction back to Intel) or return all copies of the Specifications to Intel. In the event of termination, all licenses granted to You hereunder shall immediately terminate.
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8.4. Entire Agreement. This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and merges and supersedes all prior, contemporaneous agreements, understandings, negotiations and discussions. Neither of the parties hereto shall be bound by any conditions, definitions, warranties, understandings or representations with respect to the subject matter hereof other than as expressly provided for herein. Intel is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Intel. Without limiting the foregoing, terms and conditions on any purchase orders or similar materials submitted by You to Intel, and any terms contained in Intel’s standard acknowledgment form that are in conflict with these terms, shall be of no force or effect.
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8.10. 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 provision itself.
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