IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
Do not copy, install, or use this software and any associated materials (collectively, the “Software”) provided under this license agreement (“Agreement”) until you have carefully read the following terms and conditions.
By copying, installing, or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not copy, install, or use the Software.
• If you are a network or system administrator, the “Site License” below shall apply to you.
• If you are an end user, the “Single User License” shall apply to you.
• If you are an original equipment manufacturer (OEM), the “OEM License” shall apply to you.
SITE LICENSE. You may copy the Software onto your organization’s computers for your organization’s use, and you may make a reasonable number of back-up copies of the Software, subject to these conditions:
3. You may not copy, modify, rent, sell, distribute, or transfer any part of the Software except as provided in this Agreement, and you agree to prevent unauthorized copying of the Software. ?
4. You may not reverse engineer, decompile, or disassemble the Software. ?
5. The Software may include portions offered on terms in addition to those set out here, as set out in a license accompanying those portions.
SINGLE USER LICENSE. You may copy the Software onto a single computer for your personal use, and you may make one back-up copy of the Software, subject to these conditions: ?
3. You may not copy, modify, rent, sell, distribute, or transfer any part of the Software except as provided in this Agreement, and you agree to prevent unauthorized copying of the Software.
4. You may not reverse engineer, decompile, or disassemble the Software.
OEM LICENSE: You may reproduce and distribute the Software only as an integral part of or incorporated in your product, as a standalone Software maintenance update for existing end users of your products, excluding any other standalone products, or as a component of a larger Software distribution, including but not limited to the distribution of an installation image or a Guest Virtual Machine image, subject to these conditions:
3. You may not copy, modify, rent, sell, distribute or transfer any part of the Software except as provided in this Agreement, and you agree to prevent unauthorized copying of the Software.
4. You may not reverse engineer, decompile, or disassemble the Software.
5. You may only distribute the Software to your customers pursuant to a written license agreement. Such license agreement may be a "break-the-seal" license agreement. At a minimum such license shall safeguard Intel's ownership rights to the Software.
6. The Software may include portions offered on terms in addition to those set out here, as set out in a license accompanying those portions.
LICENSE RESTRICTIONS. You may NOT: (i) use or copy the Materials except as provided in this Agreement; (ii) rent or lease the Materials to any third party; (iii) assign this Agreement or transfer the Materials without the express written consent of Intel; (iv) modify, adapt, or translate the Materials in whole or in part except as provided in this Agreement; (v) reverse engineer, decompile, or disassemble the Materials; (vi) attempt to modify or tamper with the normal function of a license manager that regulates usage of the Materials; (vii) distribute, sublicense or transfer the Source Code form of any components of the Materials, Redistributables and Sample Source and derivatives thereof to any third party except as provided in this Agreement.
NO OTHER RIGHTS. No rights or licenses are granted by Intel to you, expressly or by implication, with respect to any proprietary information or patent, copyright, mask work, trademark, trade secret, or other intellectual property right owned or controlled by Intel, except as expressly provided in this Agreement. Except as expressly provided herein, no license or right is granted to you directly or by implication, inducement, estoppel, or otherwise. Specifically, Intel grants no express or implied right to you under Intel patents, copyrights, trademarks, or other intellectual property rights.
OWNERSHIP OF SOFTWARE AND COPYRIGHTS. The Software is licensed, not sold. Title to all copies of the Software remains with Intel. 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. You agree to prevent any unauthorized copying of 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. You may transfer the Software only if the recipient agrees to be fully bound by these terms and if you retain no copies of the Software.
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.
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 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. In the event that you use the Software in conjunction with a virtual (“emulated”) device designed to appear as an Intel component product, you acknowledge that Intel is neither the author nor the creator of the virtual (“emulated”) device. You understand and acknowledge that Intel makes no representations about the correct operation of the Software when used with a virtual (“emulated”) device, that Intel did not design the Software to operate in conjunction with the virtual (“emulated”) device, and that the Software may not be capable of correct operation in conjunction with the virtual (“emulated”) device. You agree to assume the risk that the Software may not operate properly in conjunction with the virtual (“emulated”) device. 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 the use of the Software in conjunction with the virtual (“emulated”) device, even if such claim alleges that Intel was negligent regarding the design or manufacture of the Software.
UNAUTHORIZED USE. THE SOFTWARE IS NOT DESIGNED, INTENDED, OR AUTHORIZED FOR USE IN ANY TYPE OF SYSTEM OR APPLICATION IN WHICH THE FAILURE OF THE SOFTWARE COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR (E.G MEDICAL SYSTEMS, LIFE SUSTAINING OR LIFE SAVING SYSTEMS). If you use the Software for any such unintended or unauthorized use, you shall 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 part.
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. Claims arising under this Agreement shall be governed by the laws of the State of California, without regard to principles of conflict of laws. You agree that the terms of the United Nations Convention on Contracts for the Sale of Goods do 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.
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.
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