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This LIMITED DISTRIBUTION LICENSE AGREEMENT (“Agreement”) is a contract between you and Intel Corporation and its affiliates
(“Intel”) and governs any use of Material. If you use Material on behalf of or in conjunction with your work for your employer, you
represent and warrant that you have the authority to bind your employer to this Agreement. By downloading, installing, or using
Material, you accept these terms. If you do not accept these terms, do not use any Material and destroy all copies.
1 DEFINITIONS.
1.1 “Including”, and its variants, means including but not limited
to, whether or not capitalized.
1.2 “Intel Component” means a hardware component or product
designed, developed, sold, or distributed by Intel.
1.3 “Material” means software, hardware description language
code, or other computer files, information or collateral Intel
delivers to you under this Agreement.
1.4 “You” or “Your” means you or you and your employer and its
affiliates, whether or not capitalized.
1.5 “Your Product” means product developed or to be developed
by or for you that includes an Intel Component implementing or
executing Material.
2 LICENSES.
2.1 License. Subject to the terms of this Agreement, Intel grants
to You, for the Term, a personal, limited, non-transferable, non-exclusive, worldwide, revocable, fully paid-up license under Intel’s
intellectual property rights in the Material, without the right to
sublicense, to:
a) develop Your Product;
b) modify Material delivered as source code (or its equivalent);
and
c) distribute Material, as delivered by Intel or as modified by You,
as object code (or its equivalent), in Your Product, provided Your
distribution is subject to terms and conditions consistent with
Your rights and obligations under this Agreement.
2.2 Subcontractor. You may disclose Material to your
subcontractor for its work on Your Product under an agreement
preventing the subcontractor from disclosing Material to others.
You will be liable for the acts or omissions of your subcontractor,
including unauthorized disclosure of confidential information.
2.3 Restrictions. Except as authorized above, you will not: (a) use
or modify Material in any other way; (b) reverse engineer,
decompile, or disassemble Material provided as object code
(except as required by applicable law or under an applicable open
source license), or (c) use Material to violate or aid in the violation
of any international human right.
2.4 No Implied License. Except for the express license in Section
2.1 Intel does not grant you (i) any express or implied license
under any legal theory, or (ii) or any license to make, have made,
use, sell, offer for sale, import, or otherwise dispose of any Intel
technology or third-party products, or perform any patented
process, even if referenced in the Material. Any other licenses
from Intel require additional consideration. Nothing in this
Agreement requires Intel to grant any additional license.
2.5 Feedback. If you give Intel comments or suggestions related
to Intel Components or Intel confidential information provided in
connection with this Agreement, including Material, Intel can use
them in any way and disclose them to anyone, without payment
or other obligations to you.
2.6 Open Source Licenses. The Material may include software
subject to an open source license, including Open Source Initiative
approved licenses (http://www.opensource.org). Nothing in this
Agreement limits or grants any rights under, or that supersede,
the terms of any applicable open source license.
2.7 Third-Party Software. Your use of certain third-party
software with or within the Material is subject to your compliance
with licensing you obtain directly from that third-party. A listing of
any such third-party software may accompany the Material.
3 CONFIDENTIALITY. The terms of this Agreement and the
Material are Intel confidential information and subject to your
valid corporate non-disclosure agreement with Intel (CNDA).
Except as authorized in Section 2.1, you must not disclose this
information to anyone, including the U.S. government. This
Agreement will not become effective, or will automatically
terminate, in the absence of a CNDA. This Agreement will take
precedence in the event of a conflict with the CNDA.
4 OWNERSHIP. Ownership of the Material and related intellectual
property rights is unchanged. You must maintain all copyright or
other proprietary notices in the Material.
5 NO WARRANTY. The Material is provided “as is,” without any
express or implied warranty of any kind including warranties of
merchantability, non-infringement, title, or fitness for a
particular purpose. The Material may be pre-release and may
not be fully functional. Intel is not required to maintain, update,
or support any Material.
6 LIMITATION ON LIABILITY. Your use of Material is at your own
risk. Intel will not be liable to you under any legal theory for any
losses or damages in connection with the Material or your use of
Material, including consequential damages, even if the
possibility of damages was foreseeable or known. If any liability
is found, Intel’s total, cumulative liability to you for all claims
arising from or related to this Agreement will not exceed $100.00
U.S. These liability limitations are a fundamental basis of our
bargain and Intel would not have entered into this Agreement
without them.
7 INDEMNITY. You will indemnify, defend, and hold Intel harmless
from any allegation against Intel arising in connection with your
use of Material and you will pay all of Intel’s losses, liabilities, and
costs (including reasonable attorneys’ fees) arising from the
allegation.
8 PRIVACY; DATA COLLECTION.
8.1 Privacy. Intel’s Privacy Notice governs how Intel may process
personal information related to your use of Material (see
https://www.intel.com/privacy). Intel may collect identifying
information during registration and information on your use of
Material (see “Information You Provide to Intel Voluntarily” and
“Device and Product Operation” sections).
8.2 Data Collection. Some Material may generate, collect, and
transmit to Intel information to help improve Intel’s products and
services, to verify your license rights to Material, or for other
stated purposes. Information collected may include Intel
Component or Material name and version, time of event
collection, license or support type, installation status,
performance, and use. Intel’s use of information may include
combination of the information collected from you with other
information.
9 GENERAL.
9.1 Assignment. You may not assign your rights or obligations
under this Agreement without Intel’s prior written consent. No
third party will have any rights under this Agreement.
9.2 Dispute Resolution. If we have a dispute regarding this
Agreement (other than for misappropriation of trade secrets or
breaches of confidentiality obligations), neither party can file a
lawsuit or other regulatory proceeding before the complaining
party provides the other party a detailed notice of the dispute and
our senior managers attempt to resolve the dispute. If our senior
managers cannot resolve the dispute in 30 days, either party may
demand mediation in which we will then try to resolve the dispute
with an impartial mediator. If our dispute is not resolved within 60
days after the mediation demand, either party may begin
litigation.
9.3 Governing Law; Jurisdiction. This Agreement is governed by
USA and Delaware law without regard to conflict of laws
principles. The United Nations Convention on Contracts for the
International Sale of Goods does not apply. Except for claims for
misappropriation of trade secrets or breach of confidentiality
obligations, all disputes and actions arising out of or related to this
Agreement are subject to the exclusive jurisdiction of the state
and federal courts in Wilmington, Delaware and you consent to
personal jurisdiction in those courts.
9.4 Compliance with Laws. The Material is subject to, and You
must comply with, applicable government laws and regulations,
including without limitation U.S. and worldwide trade regulations
prohibiting the export, import, or transfer Material to any
prohibited or sanctioned country, person, or entity. You must not
use Material for the development, design, manufacture, or
production of nuclear, missile, chemical, or biological weapons.
9.5 Severability. If a court holds a provision of this Agreement
unenforceable, the court will modify that provision to the
minimum extent necessary to make it enforceable or, if necessary,
to sever that provision. The rest of the Agreement remains
enforceable.
9.6 Waiver. No waiver of any provision of this Agreement will be
valid unless in a writing specifying the waived provision signed by
an authorized representative of the waiving party. A signed waiver
will not constitute waiver of any other provision. Failure or delay
in enforcing any provision will not operate as a waiver.
9.7 Entire Agreement. Except for any non-disclosure agreement
between you and Intel, this Agreement constitutes the entire
agreement, and supersedes all prior and contemporaneous
agreements, between Intel and you concerning its subject matter.
10 TERM; TERMINATION; SURVIVAL.
10.1 Term. This Agreement begins upon your acceptance of its
terms and continues until terminated under Sections 3 or 10.2.
10.2 Termination. Either party may terminate this Agreement,
with 30 days written notice, at any time for any reason. This
Agreement will automatically terminate upon (a) your breach of
the Agreement, (b) a claim that you do not have authority to bind
your employer to these terms, or (c) your assertion that any Intel
Component, Material, or product based on any Intel Component
or Material infringes your patents.
10.3 Effect of Termination. Upon termination of the Agreement,
the licenses to you will immediately terminate and you must cease
using any Material and destroy all copies in your possession and
direct your subcontractors to do the same. Termination of this
Agreement will not terminate the CNDA.
10.4 Survival. All sections except Section 2.1 survive termination
of this Agreement.
Limited Distribution License Agreement [v2022.12.20]