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 49CONFIDENTIALITY. If you wish to have a third party consultant or subcontractor 50("Contractor") perform work on your behalf which involves access to or use of 51Software, you shall obtain a written confidentiality agreement from the 52Contractor which contains provisions with respect to access to or use of the 53Software no less restrictive than those set forth in this Agreement and 54excluding any distribution rights, and use for any other purpose. Except as 55expressly provided herein, you shall not disclose the terms or existence of 56this Agreement or use Intel's name in any publications, advertisements, or 57other announcements without Intel's prior written consent. You do not have any 58rights to use any Intel trademarks or logos. 59 60OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Software and accompanying materials, if 61any, are owned by Intel or its suppliers and licensors and may be protected by 62copyright, trademark, patent and trade secret law and international treaties. 63Any rights, express or implied, in the intellectual property embodied in the 64foregoing, other than those specified in this Agreement, are reserved by Intel 65and its suppliers and licensors or otherwise as set forth in any applicable 66open source license agreement. You will keep the Software free of liens, 67attachments, and other encumbrances. You agree not to remove any proprietary 68notices and/or any labels from the Software and accompanying materials without 69prior written approval by Intel 70 71LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS AND LICENSORS 72BE LIABLE FOR ANY DAMAGES WHATSOEVER FROM ANY CAUSE OF ACTION OF ANY KIND 73(INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST 74INFORMATION) ARISING OUT OF THE USE, MODIFICATION, OR INABILITY TO USE THE 75INTEL SOFTWARE, OR OTHERWISE, NOR FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR 76SPECIAL DAMAGES OF ANY KIND, EVEN IF INTEL OR ITS SUPPLIERS AND LICENSORS HAS 77BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT 78EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES, CONSEQUENTIAL OR 79INCIDENTAL DAMAGES, SO CERTAIN LIMITATIONS MAY NOT APPLY. YOU MAY ALSO HAVE 80OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. 81 82EXCLUSION OF WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" AND POSSIBLY WITH 83FAULTS. UNLESS EXPRESSLY AGREED OTHERWISE, INTEL AND ITS SUPPLIERS AND 84LICENSORS DISCLAIM ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED OR 85OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, 86NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Intel does not warrant 87or assume responsibility for the accuracy or completeness of any information, 88text, graphics, links or other items contained within the Software. You assume 89all liability, financial or otherwise, associated with Your use or disposition 90of the Software. 91 92APPLICABLE LAW. Claims arising under this Agreement shall be governed by the 93laws of State of California], excluding its principles of conflict of laws and 94the United Nations Convention on Contracts for the Sale of Goods. 95 96WAIVER AND AMENDMENT. No modification, amendment or waiver of any provision of 97this Agreement shall be effective unless in writing and signed by an officer of 98Intel. No failure or delay in exercising any right, power, or remedy under 99this Agreement shall operate as a waiver of any such right, power or remedy. 100Without limiting the foregoing, terms and conditions on any purchase orders or 101similar materials submitted by you to Intel, and any terms contained in Intel’s 102standard acknowledgment form that are in conflict with these terms, shall be of 103no force or effect. 104 105SEVERABILITY. If any provision of this Agreement is held by a court of 106competent jurisdiction to be contrary to law, such provision shall be changed 107and interpreted so as to best accomplish the objectives of the original 108provision to the fullest extent allowed by law and the remaining provisions of 109this Agreement shall remain in full force and effect. 110 111EXPORT RESTRICTIONS. Each party acknowledges that the Software is subject to 112applicable import and export regulations of the United States and of the 113countries in which each party transacts business, specifically including U.S. 114Export Administration Act and Export Administration Regulations. Each party 115shall comply with such laws and regulations, as well as all other laws and 116regulations applicable to the Software. Without limiting the generality of the 117foregoing, each party agrees that it will not export, re-export, transfer or 118divert any of the Software or the direct programs thereof to any restricted 119place or party in accordance with U.S. export regulations. Note that Software 120containing encryption may be subject to additional restrictions. 121 122GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS." 123Use, duplication, or disclosure by the Government is subject to restrictions as 124set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or their successors. Use 125of the Software by the Government constitutes acknowledgment of Intel's 126proprietary rights therein. Contractor or Manufacturer is Intel Corporation, 1272200 Mission College Blvd., Santa Clara, CA 95052. 128 129TERMINATION OF THE AGREEMENT. Intel may terminate this Agreement if you violate 130its terms. Upon termination, you will immediately destroy the Software or 131return all copies of the Software to Intel. 132 133-------------------------------------------------------------------------------- 134 135EXHIBIT "A" 136 137SOFTWARE LICENSE AGREEMENT (Final, Single User) 138 139IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING. 140 141Do not use or load this firmware image (the "Software") until you have carefully 142read the following terms and conditions. By loading or using the Software, you 143agree to the terms of this Agreement. If you do not wish to so agree, do not 144install or use the Software. 145 146LICENSE. You may copy and use the Software, subject to these conditions: 1471. This Software is licensed for use only in conjunction with Intel component 148 products. Use of the Software in conjunction with non-Intel component 149 products is not licensed hereunder. 1502. You may not copy, modify, rent, sell, distribute or transfer any part of the 151 Software except as provided in this Agreement, and you agree to prevent 152 unauthorized copying of the Software. 1533. You may not reverse engineer, decompile, or disassemble the Software. 1544. You may not sublicense the Software. 1555. The Software may contain the software or other property of third party 156 suppliers. 157 158OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software 159remains with Intel or its suppliers. The Software is copyrighted and protected 160by the laws of the United States and other countries, and international treaty 161provisions. You may not remove any copyright notices from the Software. Intel 162may make changes to the Software, or items referenced therein, at any time 163without notice, but is not obligated to support or update the Software. Except 164as otherwise expressly provided, Intel grants no express or implied right under 165Intel patents, copyrights, trademarks, or other intellectual property rights. 166You may transfer the Software only if a copy of this license accompanies the 167Software and the recipient agrees to be fully bound by these terms. 168 169EXCLUSION OF OTHER WARRANTIES EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED 170"AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING 171WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR 172PURPOSE. Intel does not warrant or assume responsibility for the accuracy or 173completeness of any information, text, graphics, links or other items contained 174within the Software. 175 176LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE FOR 177ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS 178INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO 179USE THE SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 180DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR 181IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE 182LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY 183BETWEEN JURISDICTIONS. 184 185TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement at any time if 186you violate its terms. Upon termination, you will immediately destroy the 187Software. 188 189APPLICABLE LAWS. Claims arising under this Agreement shall be governed by the 190laws of California, excluding its principles of conflict of laws and the United 191Nations Convention on Contracts for the Sale of Goods. You may not export the 192Software in violation of applicable export laws and regulations. Intel is not 193obligated under any other agreements unless they are in writing and signed by 194an authorized representative 195of Intel. 196 197GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS." 198Use, duplication, or disclosure by the Government is subject to restrictions as 199set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or their successors. Use 200of the Software by the Government constitutes acknowledgment of Intel's 201proprietary rights therein. Contractor or Manufacturer is Intel Corporation, 2022200 Mission College Blvd., Santa Clara, CA 95052. 203 204 205 206 207 208