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7. LICENSEΒΆ

SOFTWARE TOOLS LICENSE AGREEMENT

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.

LICENSES: Please Note:

  • 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.
  • If you are an Independent BIOS, Operating System or Software Vendor, the "ISV License" below shall apply to you.

DEFINITIONS

Licensed Software means any computing programming code, including Pre-Production Licensed Software, that is provided in connection with, under, or subject to this Agreement, but does not include computing programming code that is (i) delivered with the Licensed Software that is Open Source Software and/or (ii) subject to an agreement, obligation and/or license (in each case whether or not accompanying such computing programming code) intended to supersede or override this Agreement. The file directories, sub-directories and individual File Headers included with the Licensed Software shall contain information to identify the Licensed Software and any Open Source Software.

File Header(s) means the information provided with the Licensed Software and any Open Source Software that identifies (i) Internal Use Software, Distributable As Object Software, Distributable As Sample Source Software, or Open Source Software, and (ii) any notices or additional information about the Licensed Software or Open Source Software.

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 by the user to third parties for the purpose of making and/or distributing 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 substantially similar to any of the following: (a) GNUs General Public License (GPL) or Lesser/Library GPL (LGPL), (b) the Artistic License (e.g., PERL), (c) the Mozilla Public License, (d) the Netscape Public License, (e) the Sun Community Source License (SCSL), (f) the Sun Industry Source License (SISL), and (g) the Common Public License (CPL).

SINGLE USER LICENSE. You may copy the Software onto a single computer for your personal, noncommercial use, and you may make one back-up copy of 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 any part of the Software not provided to you in source code form.

4. You may not sublicense or permit simultaneous use of the Software by more than one user.

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.

OEM LICENSE: You may reproduce and distribute the Software only as an integral part of or incorporated in Your product or as a standalone Software maintenance update for existing end users of Your products, excluding any other standalone products, 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 any part of the Software not provided to you in source code form.

4. 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.

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.

ISV LICENSE: You may reproduce, distribute and the Software only as an integral part of or incorporated in Your product or as a standalone Software maintenance update for existing customers of Your products such as your OEM customers, excluding any other standalone products, 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 any part of the Software not provided to you in source code form.

4. You may only or distribute the Software to your customers pursuant to a written license agreement. At a minimum such license shall safeguard Intel's ownership rights to 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.

OPEN SOURCE SOFTWARE. In the event Open Source Software is included with Licensed Software, such Open Source Software is licensed pursuant to the applicable Open Source Software license agreement identified in the Open Source Software comments in the applicable source code file(s) and/or File Header provided with Licensed Software. Additional detail may be provided (where applicable) in the accompanying on-line documentation. With respect to the Open Source Software, nothing in this Agreement limits any rights under, or grants rights that supersede, the terms of any applicable Open Source Software license 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.

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 to 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 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.

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 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 its successor. Use of the Software by the Government constitutes acknowledgment of Intel's proprietary rights therein. Contractor or Manufacturer is Intel 2200 Mission College Blvd., Santa Clara, CA 95052.