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259 lines
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259 lines
14 KiB
Plaintext
Code Samples License Agreement (Version December 2015)
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IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING. Do not copy, install or
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use the Materials (as defined below) provided under this license agreement
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("Agreement") from Intel Corporation ("Intel"), until you ("You") have carefully
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read the following terms and conditions. By copying, installing or otherwise
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using the Materials, You agree to be bound by the terms of this Agreement. If
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You do not agree to the terms of this Agreement, do not copy, install or use the
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Materials.
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If You are agreeing to the terms and conditions of this Agreement on behalf of a
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company or other legal entity ("Legal Entity"), You represent and warrant that
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You have the legal authority to bind that Legal Entity to the Agreement, in
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which case, "You" or "Your" will mean such Legal Entity.
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By agreeing to this Agreement, You affirm that You are of legal age (18 years
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old or older) to enter into this Agreement. If You are not of legal age You may
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not enter into this Agreement, and either Your parent, legal guardian or Legal
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Entity must agree to the terms and conditions of this Agreement and enter into
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this Agreement, in which case, "You" or "Your" will mean such parent, legal
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guardian, or Legal Entity.
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Third Party Programs (as defined below), even if included with the distribution
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of the Materials, are governed by separate third party license terms, including
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without limitation, open source software license terms. Such third party license
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terms (and not this Agreement) govern Your use of the Third Party Programs, and
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Intel is not liable for the Third Party Programs.
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1. LICENSE DEFINITIONS:
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"Licensed Patent Claims" means the claims of Intel's patents that are
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necessarily and directly infringed by the reproduction and distribution of the
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Materials that is authorized in Section 2 below, when the Materials are in its
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unmodified form as delivered by Intel to You and not modified or combined with
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anything else. Licensed Patent Claims are only those claims that Intel can
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license without paying, or getting the consent of, a third party.
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"Materials" means Sample Source Code, Redistributables, and End-User
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Documentation but do not include Third Party Programs.
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"Sample Source Code" means Source Code files that are identified as sample code
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and which may include example interface or application source code, and any
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updates, provided under this Agreement.
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"Source Code" is defined as the software (and not documentation or text) portion
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of the Materials provided in human readable format, and includes modifications
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that You make or are made on Your behalf as expressly permitted under the terms
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of this Agreement.
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"Redistributables" means header, library, and dynamically linkable library
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files, and any updates, provided under this Agreement.
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"Third Party Programs" (if any) are the third party software files that may be
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included with the Materials for the applicable software that include a separate
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third party license agreement in an attached text file.
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"End-User Documentation" means textual materials intended for end users relating
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to the Materials.
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2. LICENSE GRANT:
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Subject to the terms and conditions of this Agreement, Intel grants You a
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non-exclusive, worldwide, non-assignable, royalty-free limited right and
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license:
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A. under its copyrights, to:
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1) Copy, modify, and compile the Sample Source Code and distribute it solely
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in Your products in executable and source code form;
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2) Copy and distribute the Redistributables solely with Your products;
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3) Copy, modify, and distribute the End User Documentation solely with Your
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products.
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B. Under its patents, to:
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1) make copies of the Materials internally only;
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2) use the Materials internally only; and 3) offer to distribute, and
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distribute, but not sell, the Materials only as part of or with Your
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products, under Intel's copyright license granted in Section 2(A) but only
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under the terms of that copyright license and not as a sale (but this
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right does not include the right to sub-license);
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4) provided, further, that the license under the Licensed Patent Claims does
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not and will not apply to any modifications to, or derivative works of,
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the Materials, whether made by You, Your end user (which, for all purposes
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under this Agreement, will mean either an end user, a customer, reseller,
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distributor or other channel partner), or any third party even if the
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modification and creation of derivative works are permitted under 2(A).
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3. LICENSE RESTRICTIONS:
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Except as expressly provided in this Agreement, You may not:
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i. use, copy, distribute or publicly display the Materials;
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ii. reverse-assemble, reverse-compile, or otherwise reverse-engineer any
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software provided solely in binary form,
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iii. rent or lease the Materials to any third party;
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iv. assign this Agreement or display the Materials;
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v. assign this Agreement or transfer the Materials;
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vi. modify, adapt or translate the Materials in whole or in part;
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vii. distribute, sublicense or transfer the source code form of the Materials
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or derivatives thereof to any third party;
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viii. distribute the Materials except as part of Your products;
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ix. include the Materials in malicious, deceptive, or unlawful programs or
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products;
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x. modify, create a derivative work, link or distribute the Materials so that
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any part of it becomes subject to an Excluded License.
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Upon Intel's release of an update, upgrade, or new version of the Materials, you
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will make reasonable efforts to discontinue distribution of the enclosed
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Materials and you will make reasonable efforts to distribute such updates,
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upgrades, or new versions to your customers who have received the Materials
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herein.
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Distribution of the Materials is also subject to the following limitations.
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You:
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i. will be solely responsible to your customers for any update or support
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obligation or other liability which may arise from the distribution;
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ii. will not make any statement that your product is "certified", or that its
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performance is guaranteed, by Intel;
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iii. will not use Intel's name or trademarks to market your product without
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written permission;
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iv. will prohibit disassembly and reverse engineering of the Materials
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provided in executable form;
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v. will not publish reviews of Materials without written permission by Intel,
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and
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vi. will indemnify, hold harmless, and defend Intel and its suppliers from and
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against any claims or lawsuits, including attorney's fees, that arise or
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result from your distribution of any product.
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4. OWNERSHIP:
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Title to the Materials and all copies thereof remain with Intel or its
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suppliers. The Materials are copyrighted and are protected by United States
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copyright laws and international treaty provisions. You will not remove any
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copyright notice from the Materials. You agree to prevent unauthorized copying
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of the Materials. Except as expressly provided herein, Intel does not grant any
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express or implied right to you under Intel patents, copyrights, trademarks, or
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trade secret information.
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5. NO WARRANTY AND NO SUPPORT:
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Disclaimer. Intel disclaims all warranties of any kind and the terms and
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remedies provided in this Agreement are instead of any other warranty or
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condition, express, implied or statutory, including those regarding
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merchantability, fitness for any particular purpose, non-infringement or any
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warranty arising out of any course of dealing, usage of trade, proposal,
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specification or sample. Intel does not assume (and does not authorize any
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person to assume on its behalf) any other liability.
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Intel may make changes to the Materials, or to items referenced therein, at any
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time without notice, but is not obligated to support, update or provide training
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for the Materials. Intel may in its sole discretion offer such support, update
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or training services under separate terms at Intel's then-current rates. You
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may request additional information on Intel's service offerings from an Intel
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sales representative.
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6. USER SUBMISSIONS:
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You agree that any material, information, or other communication, including all
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data, images, sounds, text, and other things embodied therein, you transmit or
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post to an Intel website will be considered non-confidential ("Communications").
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Intel will have no confidentiality obligations with respect to the
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Communications. You agree that Intel and its designees will be free to copy,
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modify, create derivative works, publicly display, disclose, distribute, license
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and sublicense through multiple tiers of distribution and licensees,
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incorporate, and otherwise use the Communications, including derivative works
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thereto, for any and all commercial or non-commercial purposes.
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7.LIMITATION OF LIABILITY:
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Neither Intel nor its suppliers shall be liable for any damages whatsoever
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(including, without limitation, damages for loss of business profits, business
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interruption, loss of business information, or other loss) arising out of the
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use of or inability to use the Materials, even if Intel has been advised of the
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possibility of such damages. Because some jurisdictions prohibit the exclusion
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or limitation of liability for consequential or incidental damages, the above
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limitation may not apply to You.
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8. TERM AND TERMINATION:
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This Agreement commences upon Your copying, installing or using the Materials
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and continues until terminated. Either You or Intel may terminate this
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Agreement at any time upon 30 days prior written notice to the other party.
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Intel may terminate this license at any time if you are in breach of any of its
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terms and conditions. Upon termination, You will immediately destroy the
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Materials or return all copies of the Materials to Intel along with any copies
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You have made. After termination, the license grant to any Materials or
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Redistributables distributed by You in accordance with the terms and conditions
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of this Agreement, prior to the effective date of such termination, will survive
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any such termination of this Agreement.
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9. U.S. GOVERNMENT RESTRICTED RIGHTS:
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The technical data and computer software covered by this license is a
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"Commercial Item", as such term is defined by the FAR 2.101 (48 C.F.R. 2.101)
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and is "commercial computer software" and "commercial computer software
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documentation" as specified under FAR 12.212 (48 C.F.R. 12.212) or DFARS
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227.7202 (48 C.F.R. 227.7202), as applicable. This commercial computer software
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and related documentation is provided to end users for use by and on behalf of
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the U.S. Government, with only those rights as are granted to all other end
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users pursuant to the terms and conditions herein. Use for or on behalf of the
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U.S. Government is permitted only if the party acquiring or using this software
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is properly authorized by an appropriate U.S. Government official. This use by
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or for the U.S. Government clause is in lieu of, and supersedes, any other FAR,
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DFARS, or other provision that addresses Government rights in the computer
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software or documentation covered by this license. All copyright licenses
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granted to the U.S. Government are coextensive with the technical data and
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computer software licenses granted herein. The U.S. Government will only have
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the right to reproduce, distribute, perform, display, and prepare derivative
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works as needed to implement those rights.
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10. APPLICABLE LAWS:
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All disputes arising out of or related to this Agreement, whether based on
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contract, tort, or any other legal or equitable theory, will in all respects be
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governed by, and construed and interpreted under, the laws of the United States
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of America and the State of Delaware, without reference to conflict of laws
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principles. The parties agree that the United Nations Convention on Contracts
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for the International Sale of Goods (1980) is specifically excluded from and
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will not apply to this Agreement. All disputes arising out of or related to this
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Agreement, whether based on contract, tort, or any other legal or equitable
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theory, will be subject to the exclusive jurisdiction of the courts of the State
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of Delaware or of the Federal courts sitting in that State. Each party submits
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to the personal jurisdiction of those courts and waives all objections to that
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jurisdiction and venue for those disputes.
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10. SEVERABILITY:
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The parties intend that if a court holds that any provision or part of this
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Agreement is invalid or unenforceable under applicable law, the court will
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modify the provision to the minimum extent necessary to make it valid and
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enforceable, or if it cannot be made valid and enforceable, the parties intend
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that the court will sever and delete the provision or part from this Agreement.
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Any change to or deletion of a provision or part of this Agreement under this
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Section will not affect the validity or enforceability of the remainder of this
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Agreement, which will continue in full force and effect.
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11. EXPORT:
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You must comply with all laws and regulations of the United States and other
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countries governing the export, re-export, import, transfer, distribution, use,
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and servicing of Software. In particular, You must not: (a) sell or transfer
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Software to a country subject to sanctions, or to any entity listed on a denial
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order published by the United States government or any other relevant
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government; or (b) use, sell, or transfer Software for the development, design,
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manufacture, or production of nuclear, missile, chemical or biological weapons,
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or for any other purpose prohibited by the United States government or other
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applicable government; without first obtaining all authorizations required by
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all applicable laws. For more details on Your export obligations, please visit
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http://www.intel.com/content/www/us/en/legal/export-compliance.html?wapkw=export.
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12. ENTIRE AGREEMENT:
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This Agreement contains the complete and exclusive agreement and understanding
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between the parties concerning the subject matter of this Agreement, and
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supersedes all prior and contemporaneous proposals, agreements, understanding,
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negotiations, representations, warranties, conditions, and communications, oral
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or written, between the parties relating to the same subject matter. No
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modification or amendment to this Agreement will be effective unless in writing
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and signed by authorized representatives of each party, and must specifically
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identify this Agreement.
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