Attachment 1485262 Details for Bug 1630681 – license, as it requires doing so

license, as it requires doing so

license (text/plain), 21.11 KB, created by Eugene Syromiatnikov on 2018-09-20 18:32:33 UTC

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Creator: Eugene Syromiatnikov

Created: 2018-09-20 18:32:33 UTC

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obsolete

>SOFTWARE LICENSE AGREEMENT
>
>DO NOT DOWNLOAD, INSTALL, ACCESS, COPY, OR USE ANY PORTION OF THE SOFTWARE 
>UNTIL YOU HAVE READ AND ACCEPTED THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY 
>INSTALLING, COPYING, ACCESSING, OR USING THE SOFTWARE, YOU AGREE TO BE LEGALLY 
>BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. If You do not agree to be 
>bound by, or the entity for whose benefit You act has not authorized You to 
>accept, these terms and conditions, do not install, access, copy, or use the 
>Software and destroy all copies of the Software in Your possession. 
>
>This SOFTWARE LICENSE AGREEMENT (this "Agreement") is entered into between 
>Intel Corporation, a Delaware corporation ("Intel") and You. "You" refers to 
>you or your employer or other entity for whose benefit you act, as applicable. 
>If you are agreeing to the terms and conditions of this Agreement on behalf of 
>a company or other legal entity, you represent and warrant that you have the 
>legal authority to bind that legal entity to the Agreement, in which case, 
>"You" or "Your" shall be in reference to such entity. Intel and You are 
>referred to herein individually as a "Party" or, together, as the "Parties".
>The Parties, in consideration of the mutual covenants contained in this 
>Agreement, and for other good and valuable consideration, the receipt and 
>sufficiency of which they acknowledge, and intending to be legally bound, agree 
>as follows:  
>
>1. PURPOSE. You seek to obtain, and Intel desires to provide You, under the 
>terms of this Agreement, Software solely for Your efforts to develop and 
>distribute products integrating Intel hardware and Intel software. "Software" 
>refers to certain software or other collateral, including, but not limited to, 
>related components, operating system, application program interfaces, device 
>drivers, associated media, printed or electronic documentation and any updates, 
>upgrades or releases thereto associated with Intel product(s), software or 
>service(s). "Intel-based product" refers to a device that includes, 
>incorporates, or implements Intel product(s), software or service(s).
>
>2. LIMITED LICENSE. Conditioned on Your compliance with the terms and 
>conditions of this Agreement, Intel grants to You a limited, nonexclusive, 
>nontransferable, revocable, worldwide, fully paid-up license during the term of 
>this Agreement, without the right to sublicense, under Intel's copyrights 
>(subject to any third party licensing requirements), to (i) reproduce the 
>Software only for Your own internal evaluation, testing, validation, and 
>development of Intel-based products and any associated maintenance thereof; 
>(ii) reproduce, display, and publicly perform an object code representation of 
>the Software, only when integrated with and executed by an Intel-based product, 
>subject to any third party licensing requirements; and (iii) distribute an 
>object code representation of the Software, provided by Intel, through multiple 
>levels of distribution, solely as embedded in or for execution on an 
>Intel-based product and subject to these license terms, 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 Software License Agreement 
>in Appendix A hereto.
>
>If You are not the final manufacturer or vendor of an Intel-based product 
>incorporating or designed to incorporate the Software, You may transfer a copy 
>of the Software to Your Original Equipment Manufacturer (OEM), Original Device 
>Manufacturer (ODM), distributors, or system integration partners ("Your 
>Partner") for use in accordance with the terms and conditions of this 
>Agreement, provided Your Partner agrees to be fully bound by the terms hereof 
>and provided that You will remain fully liable to Intel for the actions and 
>inactions of Your Partner(s).
>
>3. LICENSE RESTRICTIONS. All right, title and interest in and to the Software 
>and associated documentation are and will remain the exclusive property of 
>Intel and its licensors or suppliers. Unless expressly permitted under the 
>Agreement, You will not, and will not allow any third party to (i) use, copy, 
>distribute, sell or offer to sell the Software or associated documentation; 
>(ii) modify, adapt, enhance, disassemble, decompile, reverse engineer, change 
>or create derivative works from the Software except and only to the extent as 
>specifically required by mandatory applicable laws or any applicable third 
>party license terms accompanying the Software; (iii) use or make the Software 
>available for the use or benefit of third parties; or (iv) use the Software on 
>Your products other than those that include the Intel hardware product(s), 
>platform(s), or software identified in the Software; or (v) publish or provide 
>any Software benchmark or comparison test results. You acknowledge that an 
>essential basis of the bargain in this Agreement is that Intel grants You 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 Software and associated 
>documentation, by implication, estoppel or otherwise, except for the licenses 
>expressly granted above. You acknowledge there are significant uses of the 
>Software in its original, unmodified and uncombined form. You may not remove 
>any copyright notices from the Software.
>
>4. LICENSE TO FEEDBACK. This Agreement does not obligate You to provide Intel 
>with materials, information, comments, suggestions, or other communication 
>regarding the features, functions, performance or use of the Software 
>("Feedback"). If any portion of the Software is provided or otherwise made 
>available by Intel in source code form, to the extent You provide Intel with 
>Feedback in a tangible form, You grant to Intel and its affiliates a 
>non-exclusive, perpetual, sublicenseable, irrevocable, worldwide, royalty-free, 
>fully paid-up and transferable license, to and under all of Your intellectual 
>property rights, whether perfected or not, to publicly perform, publicly 
>display, reproduce, use, make, have made, sell, offer for sale, distribute, 
>import, create derivative works of and otherwise exploit any comments, 
>suggestions, descriptions, ideas, Your Derivatives or other feedback regarding 
>the Software provided by You or on Your behalf.
>
>5. OPEN SOURCE STATEMENT. The Software may include Open Source Software (OSS) 
>licensed pursuant to OSS license agreement(s) identified in the OSS comments in 
>the applicable source code file(s) or file header(s) provided with or otherwise 
>associated with the Software. Neither You nor any OEM, ODM, customer, or 
>distributor may subject any proprietary portion of the Software to any OSS 
>license obligations including, without limitation, combining or distributing 
>the Software with OSS in a manner that subjects Intel, the Software or any 
>portion thereof to any OSS license obligation. Nothing in this Agreement limits 
>any rights under, or grants rights that supersede, the terms of any applicable 
>OSS license. 
>
>6. THIRD PARTY SOFTWARE. Certain third party software provided with or within 
>the Software may only be used (a) upon securing a license directly from the 
>owner of the software or (b) in combination with hardware components purchased 
>from such third party and (c) subject to further license limitations by the 
>software owner. A listing of any such third party limitations is in one or more 
>text files accompanying the Software. You acknowledge Intel is not providing 
>You with a license to such third party software and further that it is Your 
>responsibility to obtain appropriate licenses from such third parties directly.
>
>7. CONFIDENTIALITY. The terms and conditions of this Agreement, exchanged 
>confidential information, as well as the Software are subject to the terms and 
>conditions of the Non-Disclosure Agreement(s) or Intel Pre-Release Loan 
>Agreement(s) (referred to herein collectively or individually as "NDA") entered 
>into by and in force between Intel and You, and in any case no less 
>confidentiality protection than You apply to Your information of similar 
>sensitivity. If You would like to have a contractor perform work on Your behalf 
>that requires any access to or use of Software, You must obtain a written 
>confidentiality agreement from the contractor which contains terms and 
>conditions with respect to access to or use of Software no less restrictive 
>than those set forth in this Agreement, excluding any distribution rights and 
>use for any other purpose, and You will remain fully liable to Intel for the 
>actions and inactions of those contractors. You may not use Intel's name in any 
>publications, advertisements, or other announcements without Intel's prior 
>written consent. 
>
>8. NO OBLIGATION; NO AGENCY. Intel may make changes to the Software, or items 
>referenced therein, at any time without notice. Intel is not obligated to 
>support, update, provide training for, or develop any further version of the 
>Software or to grant any license thereto. No agency, franchise, partnership, 
>joint-venture, or employee-employer relationship is intended or created by this 
>Agreement.
>
>9. EXCLUSION OF WARRANTIES. 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 within the Software.
>
>10. LIMITATION OF LIABILITY. IN NO EVENT WILL INTEL OR ITS AFFILIATES, 
>LICENSORS 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 DATA) ARISING OUT OF 
>OR IN RELATION TO THIS AGREEMENT, INCLUDING 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 
>IN PART NOT APPLY TO YOU. THE SOFTWARE LICENSED HEREUNDER IS 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 SOFTWARE COULD LEAD TO PERSONAL INJURY 
>OR DEATH. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO 
>JURISDICTION. THE LIMITED REMEDIES, WARRANTY DISCLAIMER AND LIMITED LIABILITY 
>ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTEL AND YOU. YOU 
>ACKNOWLEDGE INTEL WOULD BE UNABLE TO PROVIDE THE SOFTWARE WITHOUT SUCH 
>LIMITATIONS. YOU WILL INDEMNIFY AND HOLD INTEL AND ITS AFFILIATES, LICENSORS 
>AND SUPPLIERS (INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND 
>AGENTS) HARMLESS AGAINST ALL CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES, AND 
>EXPENSES (INCLUDING REASONABLE ATTORNEY FEES), ARISING OUT OF, DIRECTLY OR 
>INDIRECTLY, THE DISTRIBUTION OF THE SOFTWARE 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, LICENSORS OR SUPPLIER WAS 
>NEGLIGENT REGARDING THE DESIGN OR MANUFACTURE OF THE SOFTWARE.
>
>11. TERMINATION AND SURVIVAL. Intel may terminate this Agreement for any reason 
>with thirty (30) days' notice and immediately if You or someone acting on Your 
>behalf or at Your behest violates any of its terms or conditions. Upon 
>termination, You will immediately destroy and ensure the destruction of the 
>Software or return all copies of the Software to Intel (including providing 
>certification of such destruction or return back to Intel). Upon termination of 
>this Agreement, all licenses granted to You hereunder terminate immediately. 
>All Sections of this Agreement, except Section 2, will survive termination. 
>
>12. GOVERNING LAW AND JURISDICTION. This Agreement and any dispute arising out 
>of or relating to it will be governed by the laws of the U.S.A. and Delaware, 
>without regard to conflict of laws principles. The Parties exclude the 
>application of the United Nations Convention on Contracts for the International 
>Sale of Goods (1980). The state and federal courts sitting in Delaware, U.S.A. 
>will have exclusive jurisdiction over any dispute arising out of or relating to 
>this Agreement. The Parties consent to personal jurisdiction and venue in those 
>courts. A Party that obtains a judgment against the other Party in the courts 
>identified in this section may enforce that judgment in any court that has 
>jurisdiction over the Parties. 
>
>13. EXPORT REGULATIONS/EXPORT CONTROL. You agree that neither You nor Your 
>subsidiaries will export/re-export the Software, directly or indirectly, to any 
>country for which the U.S. Department of Commerce or any other agency or 
>department of the U.S. Government or the foreign government from where it is 
>shipping requires an export license, or other governmental approval, without 
>first obtaining any such required license or approval. In the event the 
>Software is exported from the U.S.A. or re-exported from a foreign destination 
>by You or Your subsidiary, You will ensure that the distribution and 
>export/re-export or import of the Software complies with all laws, regulations, 
>orders, or other restrictions of the U.S. Export Administration Regulations and 
>the appropriate foreign government. 
>
>14. GOVERNMENT RESTRICTED RIGHTS. The Software is a commercial item (as defined 
>in 48 C.F.R. 2.101) consisting of commercial computer software and commercial 
>computer software documentation (as those terms are used in 48 C.F.R. 12.212). 
>Consistent with 48 C.F.R. 12.212 and 48 C.F.R 227.7202-1 through 227.7202-4, 
>You will not provide the Software to the U.S. Government. Contractor or 
>Manufacturer is Intel Corporation, 2200 Mission College Blvd., Santa Clara, CA 
>95054. 
>
>15. ASSIGNMENT. You may not delegate, assign or transfer this Agreement, the 
>license(s) granted or any of Your rights or duties hereunder, expressly, by 
>implication, by operation of law, or otherwise and any attempt to do so, 
>without Intel's express prior written consent, will be null and void. Intel may 
>assign, delegate and transfer this Agreement, and its rights and obligations 
>hereunder, in its sole discretion. 
>
>16. ENTIRE AGREEMENT; SEVERABILITY. The terms and conditions of this Agreement 
>and any NDA with Intel constitute the entire agreement between the parties with 
>respect to the subject matter hereof, and merge and supersede all prior or 
>contemporaneous agreements, understandings, negotiations and discussions. 
>Neither Party will be bound by any terms, conditions, definitions, warranties, 
>understandings, or representations with respect to the subject matter hereof 
>other than as expressly provided herein. In the event any provision of this 
>Agreement is unenforceable or invalid under any applicable law or applicable 
>court decision, such unenforceability or invalidity will not render this 
>Agreement unenforceable or invalid as a whole, instead such provision will be 
>changed and interpreted so as to best accomplish the objectives of such 
>provision within legal limits. 
>
>17. WAIVER. The failure of a Party to require performance by the other Party of 
>any provision hereof will not affect the full right to require such performance 
>at any time thereafter; nor will waiver by a Party of a breach of any provision 
>hereof constitute a waiver of the provision itself. 
>
>18. PRIVACY. YOUR PRIVACY RIGHTS ARE SET FORTH IN INTEL'S PRIVACY NOTICE, WHICH 
>FORMS A PART OF THIS AGREEMENT. PLEASE REVIEW THE PRIVACY NOTICE AT 
>HTTP://WWW.INTEL.COM/PRIVACY TO LEARN HOW INTEL COLLECTS, USES AND SHARES 
>INFORMATION ABOUT YOU.
>
>APPENDIX A
>INTEL END USER SOFTWARE LICENSE AGREEMENT
>
>IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
>THE FOLLOWING NOTICE, OR TERMS AND CONDITIONS SUBSTANTIALLY IDENTICAL IN NATURE 
>AND EFFECT, MUST APPEAR IN THE DOCUMENTATION ASSOCIATED WITH THE INTEL-BASED 
>PRODUCT INTO WHICH THE SOFTWARE IS INSTALLED. MINIMALLY, SUCH NOTICE MUST 
>APPEAR IN THE USER GUIDE FOR THE PRODUCT. THE TERM "LICENSEE" IN THIS TEXT 
>REFERS TO THE END USER OF THE PRODUCT.
>
>LICENSE. Licensee has a license under Intel's copyrights to reproduce Intel's 
>Software only in its unmodified and binary form, (with the accompanying 
>documentation, the "Software") for Licensee's personal use only, and not 
>commercial use, in connection with Intel-based products for which the Software 
>has been provided, subject to the following conditions:
>(a)	Licensee may not disclose, distribute or transfer any part of the 
>Software, and You agree to prevent unauthorized copying of the Software.
>(b)	Licensee may not reverse engineer, decompile, or disassemble the 
>Software.
>(c)	Licensee may not sublicense the Software.
>(d)	The Software may contain the software and other intellectual property 
>of third party suppliers, some of which may be identified in, and licensed in 
>accordance with, an enclosed license.txt file or other text or file.
>(e)	Intel has no obligation to provide any support, technical assistance or 
>updates for the Software.
>
>OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software 
>remains with Intel or its licensors or suppliers. The Software 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 Software. Except as otherwise expressly provided above, Intel grants 
>no express or implied right under Intel patents, copyrights, trademarks, or 
>other intellectual property rights. Transfer of the license terminates 
>Licensee's right to use the Software.
>DISCLAIMER OF WARRANTY. The Software is provided "AS IS" without warranty of 
>any kind, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES 
>OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
>
>LIMITATION OF LIABILITY. NEITHER INTEL NOR ITS LICENSORS OR SUPPLIERS WILL BE 
>LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR 
>INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER 
>UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF INTEL HAS BEEN ADVISED OF THE 
>POSSIBILITY OF SUCH DAMAGES.
>
>LICENSE TO USE COMMENTS AND SUGGESTIONS. This Agreement does NOT obligate 
>Licensee to provide Intel with comments or suggestions regarding the Software. 
>However, if Licensee provides Intel with comments or suggestions for the 
>modification, correction, improvement or enhancement of (a) the Software or (b) 
>Intel products or processes that work with the Software, Licensee grants to 
>Intel a non-exclusive, worldwide, perpetual, irrevocable, transferable, 
>royalty-free license, with the right to sublicense, under Licensee's 
>intellectual property rights, to incorporate or otherwise utilize those 
>comments and suggestions.
>
>TERMINATION OF THIS LICENSE. Intel or the sublicensor may terminate this 
>license at any time if Licensee is in breach of any of its terms or conditions. 
>Upon termination, Licensee will immediately destroy or return to Intel all 
>copies of the Software.
>THIRD PARTY BENEFICIARY. Intel is an intended beneficiary of the End User 
>License Agreement and has the right to enforce all of its terms.
>
>U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is a commercial item (as 
>defined in 48 C.F.R. 2.101) consisting of commercial computer software and 
>commercial computer software documentation (as those terms are used in 48 
>C.F.R. 12.212), consistent with 48 C.F.R. 12.212 and 48 C.F.R 227.7202-1 
>through 227.7202-4. You will not provide the Software to the U.S. Government. 
>Contractor or Manufacturer is Intel Corporation, 2200 Mission College Blvd., 
>Santa Clara, CA 95054.
>
>EXPORT LAWS. Licensee agrees that neither Licensee nor Licensee's subsidiaries 
>will export/re-export the Software, directly or indirectly, to any country for 
>which the U.S. Department of Commerce or any other agency or department of the 
>U.S. Government or the foreign government from where it is shipping requires an 
>export license, or other governmental approval, without first obtaining any 
>such required license or approval. In the event the Software is exported from 
>the U.S.A. or re-exported from a foreign destination by Licensee, Licensee will 
>ensure that the distribution and export/re-export or import of the Software 
>complies with all laws, regulations, orders, or other restrictions of the U.S. 
>Export Administration Regulations and the appropriate foreign government.
>
>APPLICABLE LAWS. This Agreement and any dispute arising out of or relating to 
>it will be governed by the laws of the U.S.A. and Delaware, without regard to 
>conflict of laws principles. The Parties to this Agreement exclude the 
>application of the United Nations Convention on Contracts for the International 
>Sale of Goods (1980). The state and federal courts sitting in Delaware, U.S.A. 
>will have exclusive jurisdiction over any dispute arising out of or relating to 
>this Agreement. The Parties consent to personal jurisdiction and venue in those 
>courts. A Party that obtains a judgment against the other Party in the courts 
>identified in this section may enforce that judgment in any court that has 
>jurisdiction over the Parties.
>
>Licensee's specific rights may vary from country to country.
>

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Attachments on bug 1630681: 1485257 | 1485259 | 1485260 | 1485261 | 1485262