| TERMS AND CONDITIONS |
| IMPORTANT - PLEASE READ BEFORE INSTALLING OR USING THIS INTEL(C) SOFTWARE |
| |
| Do not use or load this firmware (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. |
| |
| LICENSEES: |
| |
| Please note: |
| |
| * If you are an End-User, only Exhibit A, the SOFTWARE LICENSE AGREEMENT, |
| applies. |
| * If you are an Original Equipment Manufacturer (OEM), Independent Hardware |
| Vendor (IHV), or Independent Software Vendor (ISV), this complete Agreement |
| applies |
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| -------------------------------------------------------------------------------- |
| |
| For OEMs, IHVs, and ISVs: |
| |
| LICENSE. This Software is licensed for use only in conjunction with Intel |
| component products. Use of the Software in conjunction with non-Intel component |
| products is not licensed hereunder. Subject to the terms of this Agreement, |
| Intel grants to you a nonexclusive, nontransferable, worldwide, fully paid-up |
| license under Intel's copyrights to: (i) copy the Software internally for your |
| own development and maintenance purposes; (ii) copy and distribute the Software |
| to your end-users, but only under a license agreement with terms at least as |
| restrictive as those contained in Intel's Final, Single User License Agreement, |
| attached as Exhibit A; and (iii) modify, copy and distribute the end-user |
| documentation which may accompany the Software, but only in association with |
| the Software. |
| |
| If you are not the final manufacturer or vendor of a computer system or software |
| program incorporating the Software, then you may transfer a copy of the |
| Software, including any related documentation (modified or unmodified) to your |
| recipient for use in accordance with the terms of this Agreement, provided such |
| recipient agrees to be fully bound by the terms hereof. You shall not otherwise |
| assign, sublicense, lease, or in any other way transfer or disclose Software to |
| any third party. You may not, nor may you assist any other person or entity to |
| modify, translate, convert to another programming language, decompile, reverse |
| engineer, or disassemble any portion of the Software or otherwise attempt to |
| derive source code from any object code modules of the Software or any internal |
| data files generated by the Software. Your rights to redistribute the Software |
| shall be contingent upon your installation of this Agreement in its entirety in |
| the same directory as the Software. |
| |
| CONTRACTORS. For the purpose of this Agreement, and notwithstanding anything |
| to the contrary hereunder, solely with respect to the requirements for |
| compliance with the terms hereunder, any contractors or consultants that You |
| use to perform the work or otherwise assist You in the development or products |
| using this Software shall be deemed to be End Users and accordingly, upon |
| receipt of the Software, shall be bound by the terms of Exhibit A, Software |
| License Agreement. No additional agreement between You and such consultants or |
| contractors is required under this Agreement to detail such compliance. |
| |
| TRADEMARKS. Except as expressly provided herein, you shall not use Intel's |
| name in any publications, advertisements, or other announcements without |
| Intel's prior written consent. You do not have any rights to use any Intel |
| trademarks or logos. |
| |
| OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Software and accompanying materials, if |
| any, are owned by Intel or its suppliers and licensors and may be protected by |
| copyright, trademark, patent and trade secret law and international treaties. |
| Any rights, express or implied, in the intellectual property embodied in the |
| foregoing, other than those specified in this Agreement, are reserved by Intel |
| and its suppliers and licensors or otherwise as set forth in any applicable |
| open source license agreement. You will keep the Software free of liens, |
| attachments, and other encumbrances. You agree not to remove any proprietary |
| notices and/or any labels from the Software and accompanying materials without |
| prior written approval by Intel |
| |
| LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS AND LICENSORS |
| BE LIABLE FOR ANY DAMAGES WHATSOEVER FROM ANY CAUSE OF ACTION OF ANY KIND |
| (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST |
| INFORMATION) ARISING OUT OF THE USE, MODIFICATION, OR INABILITY TO USE THE |
| INTEL SOFTWARE, OR OTHERWISE, NOR FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR |
| SPECIAL DAMAGES OF ANY KIND, EVEN IF INTEL OR ITS SUPPLIERS AND LICENSORS HAS |
| BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT |
| EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES, CONSEQUENTIAL OR |
| INCIDENTAL DAMAGES, SO CERTAIN LIMITATIONS MAY NOT APPLY. YOU MAY ALSO HAVE |
| OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. |
| |
| EXCLUSION OF WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" AND POSSIBLY WITH |
| FAULTS. UNLESS EXPRESSLY AGREED OTHERWISE, INTEL AND ITS SUPPLIERS AND |
| LICENSORS DISCLAIM ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED OR |
| OTHERWISE, INCLUDING BUT NOT LIMITED TO THE 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. You assume |
| all liability, financial or otherwise, associated with Your use or disposition |
| of the Software. |
| |
| APPLICABLE LAW. Claims arising under this Agreement shall be governed by the |
| laws of State of California], excluding its principles of conflict of laws and |
| the United Nations Convention on Contracts for the Sale of Goods. |
| |
| WAIVER AND AMENDMENT. No modification, amendment or waiver of any provision of |
| this Agreement shall be effective unless in writing and signed by an officer of |
| Intel. No failure or delay in exercising any right, power, or remedy under |
| this Agreement shall operate as a waiver of any such right, power or remedy. |
| 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. |
| |
| SEVERABILITY. If any provision of this Agreement is held by a court of |
| competent jurisdiction to be contrary to law, such provision shall be changed |
| and interpreted so as to best accomplish the objectives of the original |
| provision to the fullest extent allowed by law and the remaining provisions of |
| this Agreement shall remain in full force and effect. |
| |
| EXPORT RESTRICTIONS. Each party acknowledges that the Software is subject to |
| applicable import and export regulations of the United States and of the |
| countries in which each party transacts business, specifically including U.S. |
| Export Administration Act and Export Administration Regulations. Each party |
| shall comply with such laws and regulations, as well as all other laws and |
| regulations applicable to the Software. Without limiting the generality of the |
| foregoing, each party agrees that it will not export, re-export, transfer or |
| divert any of the Software or the direct programs thereof to any restricted |
| place or party in accordance with U.S. export regulations. Note that Software |
| containing encryption may be subject to additional restrictions. |
| |
| 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 their successors. 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. |
| |
| TERMINATION OF THE AGREEMENT. Intel may terminate this Agreement if you violate |
| its terms. Upon termination, you will immediately destroy the Software or |
| return all copies of the Software to Intel. |
| |
| -------------------------------------------------------------------------------- |
| |
| EXHIBIT "A" |
| |
| SOFTWARE LICENSE AGREEMENT (Final, Single User) |
| |
| IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING. |
| |
| Do not use or load this firmware image (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. |
| |
| LICENSE. You may copy and use the Software, subject to these conditions: |
| 1. This Software is licensed for use only in conjunction with Intel component |
| products. Use of the Software in conjunction with non-Intel component |
| products is not licensed hereunder. |
| 2. 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. |
| 3. You may not reverse engineer, decompile, or disassemble the Software. |
| 4. You may not sublicense the Software. |
| 5. The Software may contain the software or other property of third party |
| suppliers. |
| |
| OWNERSHIP OF SOFTWARE AND COPYRIGHTS. 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 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 transfer the Software only if a copy of this license accompanies the |
| Software and the recipient agrees to be fully bound by these terms. |
| |
| 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 |
| BETWEEN JURISDICTIONS. |
| |
| 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. |
| |
| APPLICABLE LAWS. Claims arising under this Agreement shall be governed by the |
| laws of California, 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. |
| |
| 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 their successors. 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. |
| |
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