1 TERMS AND CONDITIONS 2 IMPORTANT - PLEASE READ BEFORE INSTALLING OR USING THIS INTEL(C) SOFTWARE 3 4Do not use or load this firmware (the "Software") until you have carefully read 5the following terms and conditions. By loading or using the Software, you agree 6to the terms of this Agreement. If you do not wish to so agree, do not install 7or use the Software. 8 9LICENSEES: 10 11Please note: 12 13* If you are an End-User, only Exhibit A, the SOFTWARE LICENSE AGREEMENT, 14 applies. 15* If you are an Original Equipment Manufacturer (OEM), Independent Hardware 16 Vendor (IHV), or Independent Software Vendor (ISV), this complete Agreement 17 applies 18 19-------------------------------------------------------------------------------- 20 21For OEMs, IHVs, and ISVs: 22 23LICENSE. This Software is licensed for use only in conjunction with Intel 24component products. Use of the Software in conjunction with non-Intel component 25products is not licensed hereunder. Subject to the terms of this Agreement, 26Intel grants to you a nonexclusive, nontransferable, worldwide, fully paid-up 27license under Intel's copyrights to: (i) copy the Software internally for your 28own development and maintenance purposes; (ii) copy and distribute the Software 29to your end-users, but only under a license agreement with terms at least as 30restrictive as those contained in Intel's Final, Single User License Agreement, 31attached as Exhibit A; and (iii) modify, copy and distribute the end-user 32documentation which may accompany the Software, but only in association with 33the Software. 34 35If you are not the final manufacturer or vendor of a computer system or software 36program incorporating the Software, then you may transfer a copy of the 37Software, including any related documentation (modified or unmodified) to your 38recipient for use in accordance with the terms of this Agreement, provided such 39recipient agrees to be fully bound by the terms hereof. You shall not otherwise 40assign, sublicense, lease, or in any other way transfer or disclose Software to 41any third party. You may not, nor may you assist any other person or entity to 42modify, translate, convert to another programming language, decompile, reverse 43engineer, or disassemble any portion of the Software or otherwise attempt to 44derive source code from any object code modules of the Software or any internal 45data files generated by the Software. Your rights to redistribute the Software 46shall be contingent upon your installation of this Agreement in its entirety in 47the same directory as the Software. 48 49CONTRACTORS. For the purpose of this Agreement, and notwithstanding anything 50to the contrary hereunder, solely with respect to the requirements for 51compliance with the terms hereunder, any contractors or consultants that You 52use to perform the work or otherwise assist You in the development or products 53using this Software shall be deemed to be End Users and accordingly, upon 54receipt of the Software, shall be bound by the terms of Exhibit A, Software 55License Agreement. No additional agreement between You and such consultants or 56contractors is required under this Agreement to detail such compliance. 57 58TRADEMARKS. Except as expressly provided herein, you shall not use Intel's 59name in any publications, advertisements, or other announcements without 60Intel's prior written consent. You do not have any rights to use any Intel 61trademarks or logos. 62 63OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Software and accompanying materials, if 64any, are owned by Intel or its suppliers and licensors and may be protected by 65copyright, trademark, patent and trade secret law and international treaties. 66Any rights, express or implied, in the intellectual property embodied in the 67foregoing, other than those specified in this Agreement, are reserved by Intel 68and its suppliers and licensors or otherwise as set forth in any applicable 69open source license agreement. You will keep the Software free of liens, 70attachments, and other encumbrances. You agree not to remove any proprietary 71notices and/or any labels from the Software and accompanying materials without 72prior written approval by Intel 73 74LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS AND LICENSORS 75BE LIABLE FOR ANY DAMAGES WHATSOEVER FROM ANY CAUSE OF ACTION OF ANY KIND 76(INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST 77INFORMATION) ARISING OUT OF THE USE, MODIFICATION, OR INABILITY TO USE THE 78INTEL SOFTWARE, OR OTHERWISE, NOR FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR 79SPECIAL DAMAGES OF ANY KIND, EVEN IF INTEL OR ITS SUPPLIERS AND LICENSORS HAS 80BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT 81EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES, CONSEQUENTIAL OR 82INCIDENTAL DAMAGES, SO CERTAIN LIMITATIONS MAY NOT APPLY. YOU MAY ALSO HAVE 83OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. 84 85EXCLUSION OF WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" AND POSSIBLY WITH 86FAULTS. UNLESS EXPRESSLY AGREED OTHERWISE, INTEL AND ITS SUPPLIERS AND 87LICENSORS DISCLAIM ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED OR 88OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, 89NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Intel does not warrant 90or assume responsibility for the accuracy or completeness of any information, 91text, graphics, links or other items contained within the Software. You assume 92all liability, financial or otherwise, associated with Your use or disposition 93of the Software. 94 95APPLICABLE LAW. Claims arising under this Agreement shall be governed by the 96laws of State of California], excluding its principles of conflict of laws and 97the United Nations Convention on Contracts for the Sale of Goods. 98 99WAIVER AND AMENDMENT. No modification, amendment or waiver of any provision of 100this Agreement shall be effective unless in writing and signed by an officer of 101Intel. No failure or delay in exercising any right, power, or remedy under 102this Agreement shall operate as a waiver of any such right, power or remedy. 103Without limiting the foregoing, terms and conditions on any purchase orders or 104similar materials submitted by you to Intel, and any terms contained in Intel’s 105standard acknowledgment form that are in conflict with these terms, shall be of 106no force or effect. 107 108SEVERABILITY. If any provision of this Agreement is held by a court of 109competent jurisdiction to be contrary to law, such provision shall be changed 110and interpreted so as to best accomplish the objectives of the original 111provision to the fullest extent allowed by law and the remaining provisions of 112this Agreement shall remain in full force and effect. 113 114EXPORT RESTRICTIONS. Each party acknowledges that the Software is subject to 115applicable import and export regulations of the United States and of the 116countries in which each party transacts business, specifically including U.S. 117Export Administration Act and Export Administration Regulations. Each party 118shall comply with such laws and regulations, as well as all other laws and 119regulations applicable to the Software. Without limiting the generality of the 120foregoing, each party agrees that it will not export, re-export, transfer or 121divert any of the Software or the direct programs thereof to any restricted 122place or party in accordance with U.S. export regulations. Note that Software 123containing encryption may be subject to additional restrictions. 124 125GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS." 126Use, duplication, or disclosure by the Government is subject to restrictions as 127set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or their successors. Use 128of the Software by the Government constitutes acknowledgment of Intel's 129proprietary rights therein. Contractor or Manufacturer is Intel Corporation, 1302200 Mission College Blvd., Santa Clara, CA 95052. 131 132TERMINATION OF THE AGREEMENT. Intel may terminate this Agreement if you violate 133its terms. Upon termination, you will immediately destroy the Software or 134return all copies of the Software to Intel. 135 136-------------------------------------------------------------------------------- 137 138EXHIBIT "A" 139 140SOFTWARE LICENSE AGREEMENT (Final, Single User) 141 142IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING. 143 144Do not use or load this firmware image (the "Software") until you have carefully 145read the following terms and conditions. By loading or using the Software, you 146agree to the terms of this Agreement. If you do not wish to so agree, do not 147install or use the Software. 148 149LICENSE. You may copy and use the Software, subject to these conditions: 1501. This Software is licensed for use only in conjunction with Intel component 151 products. Use of the Software in conjunction with non-Intel component 152 products is not licensed hereunder. 1532. You may not copy, modify, rent, sell, distribute or transfer any part of the 154 Software except as provided in this Agreement, and you agree to prevent 155 unauthorized copying of the Software. 1563. You may not reverse engineer, decompile, or disassemble the Software. 1574. You may not sublicense the Software. 1585. The Software may contain the software or other property of third party 159 suppliers. 160 161OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software 162remains with Intel or its suppliers. The Software is copyrighted and protected 163by the laws of the United States and other countries, and international treaty 164provisions. You may not remove any copyright notices from the Software. Intel 165may make changes to the Software, or items referenced therein, at any time 166without notice, but is not obligated to support or update the Software. Except 167as otherwise expressly provided, Intel grants no express or implied right under 168Intel patents, copyrights, trademarks, or other intellectual property rights. 169You may transfer the Software only if a copy of this license accompanies the 170Software and the recipient agrees to be fully bound by these terms. 171 172EXCLUSION OF OTHER WARRANTIES EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED 173"AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING 174WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR 175PURPOSE. Intel does not warrant or assume responsibility for the accuracy or 176completeness of any information, text, graphics, links or other items contained 177within the Software. 178 179LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE FOR 180ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS 181INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO 182USE THE SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 183DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR 184IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE 185LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY 186BETWEEN JURISDICTIONS. 187 188TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement at any time if 189you violate its terms. Upon termination, you will immediately destroy the 190Software. 191 192APPLICABLE LAWS. Claims arising under this Agreement shall be governed by the 193laws of California, excluding its principles of conflict of laws and the United 194Nations Convention on Contracts for the Sale of Goods. You may not export the 195Software in violation of applicable export laws and regulations. Intel is not 196obligated under any other agreements unless they are in writing and signed by 197an authorized representative 198of Intel. 199 200GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS." 201Use, duplication, or disclosure by the Government is subject to restrictions as 202set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or their successors. Use 203of the Software by the Government constitutes acknowledgment of Intel's 204proprietary rights therein. Contractor or Manufacturer is Intel Corporation, 2052200 Mission College Blvd., Santa Clara, CA 95052. 206 207 208 209 210 211