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authorA. Wilcox <AWilcox@Wilcox-Tech.com>2017-06-11 08:41:26 +0000
committerA. Wilcox <AWilcox@Wilcox-Tech.com>2017-06-11 08:41:26 +0000
commit2f6caac6019e3182486965f7f09baed7e93e1be9 (patch)
tree2d5d4350a1bbf9bafdb5f0a5260714a6190c668d /licenses/Intel-SDP
parenta37f6bfc3fde25205ebac44b82f1586b924c61da (diff)
downloadpackages-2f6caac6019e3182486965f7f09baed7e93e1be9.tar.gz
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The New Plan
ebuild branch has old ebuilds. profiles dir still has CFLAGS. Everything else is removed or modified for changing of upstream to Alpine.
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-Note: There are multiple End User License Agreements in this document. Please read to the end:
-
-IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
-Do not copy, install, distribute, publicly display, or use the Materials (as
-defined below) provided under this license agreement ("Agreement") until you
-("You" or "Your") have carefully read and agreed to the following terms and
-conditions.
-
-This Agreement forms a legally binding contract between You and Intel
-Corporation ("Intel") regarding Your use of the Materials. By copying,
-installing, distributing, publicly displaying, or otherwise using the Materials,
-You agree to be bound by the terms of this Agreement. If You do not agree to
-the terms of this Agreement, do not copy, install, distribute, publicly display,
-or use the Materials.
-
-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" will mean such entity.
-
-Third Party Programs (as defined below), even if included with the distribution
-of the Materials, are governed by separate third party license terms, including
-without limitation, open source software license terms. Such third party license
-terms (and not this Agreement) govern Your use of the Third Party Programs, and
-Intel is not liable for the Third Party Programs.
-
-End User License Agreement for the Intel(R) Software Development Products
- (Version March 2015)
-
-
-1. LICENSE DEFINITIONS:
-
- A. "Confidential Information" means all Materials (as defined below),
- including without limitation, any Pre-Release Materials, that are identified
- (in the product release notes, on Intel's download website for the Materials
- or elsewhere) or labeled as Intel confidential information or a similar
- legend.
-
- B. "Excluded License" means a license that requires, as a condition of use,
- modification, or distribution, that the licensed software or other software
- incorporated into, derived from or distributed with such software (a) be
- disclosed or distributed in Source Code form; (b) be licensed by the user to
- third parties for the purpose of making and/or distributing derivative works;
- or (c) be redistributable at no charge. Excluded Licenses include, without
- limitation, licenses that license or distribute software under any of the
- following licenses or distribution models, or licenses or distribution models
- substantially similar to any of the following: (a) GNU's General Public
- License (GPL) or Lesser/Library GPL (LGPL), (b) the Artistic License (e.g.,
- PERL), (c) the Mozilla Public License, (d) the Netscape Public License, (e)
- the Sun Community Source License (SCSL), (f) the Sun Industry Source License
- (SISL), and (g) the Common Public License (CPL).
-
- C. "IPP Sample Source" is the Source Code file(s) that: (i) demonstrates
- certain limited functions included in the binary libraries of the Intel(R)
- Integrated Performance Primitives ("Intel(R) IPP"); (ii) is identified as
- Intel IPP sample source code; (iii) is obtained separately from Intel after
- You register Your copy of the Intel(R) IPP product with Intel; and (iv) is
- subject to all of the terms and conditions of this Agreement.
-
- D. "Licensed Patent Claims" means the claims of Intel's patents that are
- necessarily and directly infringed by the reproduction and distribution of
- the Materials that is authorized in Section 2 below, when the Materials is in
- its unmodified form as delivered by Intel to You and not modified or combined
- with anything else. Licensed Patent Claims are only those claims that Intel
- can license without paying, or getting the consent of, a third party.
-
- E. "Materials" are defined as the software, documentation, the software
- product serial number and license key codes (if applicable), and other
- materials, including any modifications, updates and upgrades thereto, that
- are provided to You under this Agreement. Materials also include any
- Redistributables, Source Code, and Pre-Release Materials, as defined below
- but do not include Third Party Programs.
-
- F. "Microsoft Platforms" means any current and future Microsoft operating
- system products, Microsoft run-time technologies (such as the .NET
- Framework), and Microsoft application platforms (such as Microsoft Office or
- Microsoft Dynamics) that Microsoft offers.
-
- G. "Redistributables" are the files listed in the following text files that
- may be included in the Materials for the applicable Intel Software
- Development Product: clredist.txt, credist.txt, fredist.txt, redist.txt, and
- redist-rt.txt.
-
- H. "Sample Source Code" is those portions of the Materials that are Source
- Code files and are identified as sample source code, including without
- limitation, the IPP Sample Source.
-
- I. "Source Code" is defined as the software (and not documentation or text)
- portion of the Materials provided in human readable format, and includes
- modifications that You make or are made on Your behalf as expressly permitted
- under the terms of this Agreement.
-
- J. "Third Party Programs" (if any) are the files listed in the
- "third-party-programs.txt" text file that may be included in the Materials
- for the applicable software.
-
- K. "Your Product" means one or more applications or products developed by or
- for You using the Materials.
-
-
-2. CONSENT. You agree that Intel, its subsidiaries or suppliers may collect and
-use technical and related information, including but not limited to the software
-product serial number, technical information about Your computer, system and
-application software, and peripherals, that is gathered periodically to
-facilitate the provision of software updates, product support and other services
-to You (if any) related to the Materials, and to verify compliance with the
-terms of this Agreement. Intel may use this information, as long as it is in a
-form that does not personally identify You, to improve our products or to
-develop and provide services or technologies.
-
-3. LICENSE GRANT:
-
-3.1 Subject to the terms and conditions of this Agreement, and timely
-payment of any fees (if applicable), Intel grants You a non-exclusive,
-worldwide, perpetual, non-assignable (except as expressly permitted hereunder),
-limited right and license:
-
-A. under its copyrights, to:
-
- (1) reproduce internally copies of the Materials for your internal use in
- accordance with the applicable license rights and restrictions specified in
- Section 4.D below; provided, however, that this license does not include the
- right to sublicense and may only be exercised by You or Your employees and
- only within Your facilities;
-
- (2) use the Materials solely for Your internal use to develop Your
- Product, in accordance with the applicable license rights and restrictions
- specified in Section 4.D below and the documentation or text files included
- as part of the Materials; provided, however, that this license does not
- include the right to sublicense and may only be exercised by You or Your
- employees and only within Your facilities;
-
- (3) modify or create derivative works of the Materials, or any portions
- thereof, that are provided in Source Code form, provided, however, that this
- license does not include the right to sublicense and may be exercised only by
- You or Your employees and only within Your facilities;
-
- (4) publicly perform, display, and distribute (directly and through Your
- distributors, resellers and other channel partners) or otherwise make
- publicly available the Redistributables, including any modifications to or
- derivative works of the Redistributables made pursuant to Section 3.1.A(3),
- or any portions thereof, subject to the following restrictions:
-
- (i) any distribution of the Redistributables must only be as part of
- Your Product which must add significantly more functionality than the
- Redistributables themselves;
-
- (ii) any additional restrictions which may appear in the
- Redistributables text files specified in Section 1.G above and in
- Section 4 below; and
-
- (iii) the license under Section 3.1.A(4) includes the right to
- sublicense the Redistributables, but the sublicense rights are
- limited to sublicensing of any Intel copyrights in the
- Redistributables and only to the extent necessary to perform,
- display, and distribute the Redistributables (including Your
- modifications and derivative works thereto) solely as incorporated
- in Your Product. IF YOU RECEIVED THE MATERIALS FOR EVALUATION,
- HOWEVER, YOU HAVE NO RIGHTS TO DISTRIBUTE THE REDISTRIBUTABLES,
- INCLUDING WITHOUT LIMITATION, ANY PORTIONS, MODIFICATIONS OR
- DERIVATIVE WORKS.
- ; and
-
-B. under Intel's Licensed Patent Claims, to:
-
- (1) make copies of the Materials internally only;
-
- (2) use the Materials internally only; and
-
- (3) offer to distribute, and distribute, but not sell, the
- Redistributables only as part of Your Product, under Intel's copyright
- license granted in Section 3.1(A), but only under the terms of that copyright
- license and not as a sale (but this right does not include the right to
- sub-license);
-
- (4) provided, further, that the license under the Licensed Patent Claims
- does not and will not apply to any modifications to, or derivative works of,
- the Materials, whether made by You, Your customer (which, for all purposes
- under this Agreement, will mean either a customer, reseller, distributor or
- other channel partner), or any third party even if the modification and
- derivative works are permitted under 3.1(A)(3).
-
-3.2 If the Materials You receive are packaged, as a single orderable item
-(i.e., as a single SKU), with hardware that includes one or more Intel
-manufactured microprocessors ("Intel Target Hardware"), then the licenses
-granted in Section 3.1 above are restricted to the sole purpose of producing and
-releasing Your Product to execute on computer systems that include the same or
-new versions of the Intel manufactured microprocessor included in the Intel
-Target Hardware.
-
-Intel expressly does not grant You a patent license in this Agreement to any
-modifications or derivative works of the Materials, whether made by You, Your
-contractor, Your customer, or any other third party in creating the derivative
-works even to the extent creation of derivative works is permitted under Section
-3.1(A)(3) above.
-
-
-4. LICENSE CONDITIONS:
-
- A. If You are an entity, each of Your employees and Your contractors may use
- the Materials as specified in Section 3 above, provided: (i) their use of the
- Materials is solely on behalf of and in support of Your business, (ii) they
- agree to the terms and conditions of this Agreement, and (iii) You are solely
- responsible for their use of the Materials.
-
- B. If Your Product is a software development library, then attribution (if
- any), as specified in the product release notes of the corresponding
- Materials shall be displayed prominently in Your Product's associated
- documentation and on the web site (if any) for Your Product.
-
- C. If You receive Your first copy of the Materials electronically, and a
- second copy on media, then you may use the second copy only in accordance
- with Your applicable license stated in this Agreement, or for backup or
- archival purposes. You may not provide the second copy to another user.
-
- D. Except as expressly provided in this Agreement, You may NOT: (i) use,
- copy, distribute, or publicly display the Materials; (ii) rent or lease the
- Materials to any third party; (iii) assign this Agreement or transfer the
- Materials; (iv) modify, adapt, or translate the Materials in whole or in
- part; (v) reverse engineer, decompile, or disassemble the Materials; (vi)
- attempt to modify or tamper with the normal function of any license manager
- that may regulate usage of the Materials; (vii) distribute, sublicense or
- transfer the Source Code form of any components of the Materials or
- derivatives thereof to any third party; (viii) distribute Redistributables
- except as part of a larger program that adds significant primary
- functionality different from that of the Redistributables; (ix) distribute
- the Redistributables to run on a platform other than a Microsoft Platform if
- according to the accompanying user documentation the Materials are meant to
- execute only on a Microsoft Platform; (x) include the Redistributables in
- malicious, deceptive, or unlawful programs or products; or (xi) modify,
- create a derivative work, link, or distribute the Materials so that any part
- of it becomes subject to an Excluded License.
-
- E. The scope and term of Your license depends on the type of license You are
- provided by Intel. The variety of license types are set forth below, which
- may not be available for all "Intel(R) Software Development Products" and
- therefore may not apply to the particular Materials You are licensing. For
- more information on the types of licenses, please contact Intel or Your sales
- representative.
-
- i. PRE-RELEASE LICENSE: If the Materials, or portions thereof, are identified
- (in the product release notes, on Intel's download website for the Materials
- or elsewhere) or labeled as pre-release ("Pre-Release Materials"), (a) the
- Pre-Release Materials are deemed to be pre-release code (e.g., alpha or beta
- release, etc.), which may not be fully functional and which Intel may
- substantially modify in development of a commercial version, and for which
- Intel makes no assurances that it will ever develop or make generally
- available a commercial version,and (b) You have the right to use the
- Pre-Release Materials only for the duration of the pre-release term, which is
- specified in the product release notes, on Intel's download website for the
- Materials or elsewhere, or until the commercial release, if any, of the
- Pre-Release Materials, whichever is shorter, and (c) Your right to use the
- Pre-Release Material is also restricted to the license type (i.e., Evaluation
- License, Named-User License, Floating License, specified below) issued to You
- for the Pre-Release Materials.
-
- ii. EVALUATION LICENSE: If You obtained the Materials pursuant to an
- evaluation license, You may use the Materials only for internal evaluation
- purposes and only for the term of the evaluation period, as specified on
- Intel's download website or which may be controlled by the license key for
- the Materials. NOTWITHSTANDING ANYTHING TO THE CONTRARY ELSEWHERE IN THIS
- AGREEMENT, YOU MAY NOT DISTRIBUTE ANY PORTION OF THE MATERIALS, AND THE
- APPLICATION AND/OR PRODUCT DEVELOPED BY YOU MAY ONLY BE USED FOR EVALUATION
- PURPOSES AND ONLY FOR THE TERM OF THE EVALUATION. You may install copies of
- the Materials on a reasonable number of computers to conduct Your evaluation
- provided that You are the only individual using the Materials and only one
- copy of the Materials is in use at any one time. A separate license key is
- required for each additional use and/or individual user in all other cases,
- including without limitation, use by persons, computer systems, and other use
- methods known now and in the future. Intel may provide You with a license
- key that enables the Materials for an evaluation license. If You are an
- entity, Intel grants You the right to designate one individual within Your
- organization to have the sole right to use the Materials in the manner
- provided above.
-
- iii. NONCOMMERCIAL USE LICENSE: If You obtained the Materials under a
- noncommercial use license, You may use the Materials only for non-commercial
- use where You receive no fee, salary or any other form of compensation. The
- Materials may not be used for any other purpose, whether "for profit" or "not
- for profit." Any work performed or produced as a result of use of the
- Materials cannot be performed or produced for the benefit of other parties
- for a fee, compensation or any other reimbursement or remuneration. You may
- install copies of the Materials on an unlimited number of computers provided
- that You are the only individual using the Materials and only one copy of the
- Materials is in use at any one time. A separate license is required for each
- additional use and/or individual user in all other cases, including without
- limitation, use by persons, computer systems, and other methods of use known
- now and in the future. Intel will provide You with a license key that
- enables the Materials for a noncommercial-use license. If You obtained a
- time-limited noncommercial-use license, the duration (time period) of Your
- license and Your ability to use the Materials is limited to the time period
- of the obtained license, which is specified on Intel's download website,
- specified in the applicable documentation or controlled by the license key
- for the Materials.
-
- iv. NAMED-USER LICENSE: If You obtained the Materials under a named-user
- license, You may allow only one (1) individual to install and use the
- Materials on no more than three (3) computers provided that same individual
- is using the Materials only on one (1) computer at a time. If You obtained a
- time-limited named-user license, the term of Your license and your ability to
- use the Materials is limited to the time period of the obtained license,
- which is specified on Intel's download website, specified in the applicable
- documentation or controlled by the license key for the Materials.
-
- v. NODE-LOCKED LICENSE: If You obtained the Materials under a node-locked
- license, You may use the Materials only on a single designated computer by no
- more than the authorized number of concurrent users. If You obtained a
- time-limited node-locked license, the term of Your license and Your ability
- to use the Materials is limited to the time period of the obtained license,
- which is specified on Intel's download website, specified in the applicable
- documentation or controlled by the license key for the Materials.
-
- vi. FLOATING LICENSE: If You obtained the Materials under a floating license,
- you may (a) install the Materials on an unlimited number of computers that
- are connected to the designated network and (b) use the Material by no more
- than the authorized number of concurrent individual users. If You obtained a
- time-limited Floating license key, the term of Your license and Your ability
- to use the Materials is limited to the time period of the obtained license,
- which is specified on Intel's download website, specified in the applicable
- documentation or controlled by the license key for the Materials.
-
- F. DISTRIBUTION: Distribution of the Redistributables is also subject to the
- following limitations: You (i) will be solely responsible to Your customers for
- any update, support obligation or other liability which may arise from the
- distribution, (ii) will not make any statement that Your Product is "certified"
- or that its performance is guaranteed by Intel, (iii) will not use Intel's name
- or trademarks to market Your Product without written permission from Intel, (iv)
- will provide a license agreement with distribution of the Redistributables that
- prohibits disassembly and reverse engineering of the Redistributables, (v) will
- indemnify, hold harmless, and defend Intel and its suppliers from and against
- any claims or lawsuits, including attorney's fees, that arise or result from
- Your modifications, derivative works or Your distribution of Your Product.
-
- G. INTEL(R) INTEGRATED PERFORMANCE PRIMITIVES ("INTEL IPP"). The following terms
- and conditions apply only to the Intel IPP.
-
- i. Notwithstanding anything in this Agreement to the contrary, if You
- implement Intel IPP Sample Source Code in Your Product or if You use Intel
- IPP to implement algorithms that are the intellectual property of third
- parties, then you may need additional licenses from such entities.Should any
- such additional licenses be required, You are solely responsible for
- obtaining any such licenses and agree to obtain any such licenses at Your own
- expense.
-
- ii. Notwithstanding anything herein to the contrary, a valid license to Intel
- IPP is a prerequisite to any license for Intel IPP Sample Source Code, and
- possession of Intel IPP Sample Source Code does not grant any license to
- Intel IPP (or any portion thereof). To access Intel IPP Sample Source Code,
- You must first register Your licensed copy of the Intel IPP with Intel. By
- downloading, installing or copying any Intel IPP Sample Source Code file, You
- agree to be bound by terms of this Agreement.
-
- H. MEDIA FORMAT CODECS AND DIGITAL RIGHTS MANAGEMENT. You acknowledge and agree
- that your use of the Materials or distribution of the Materials with Your
- Product as permitted by this license may require you to procure license(s) from
- one or more third parties that may hold intellectual property rights applicable
- to any media decoding, encoding or transcoding technology (such as, for example,
- through use of an audio or video codec) and/or digital rights management
- capabilities of the Materials, if any. Should any such additional licenses be
- required, You are solely responsible for obtaining any such licenses and agree
- to obtain any such licenses at Your own expense.
-
- I. MATERIALS TRANSFER: Except for the Pre-Release Licenses or Evaluation
- Licenses or Non-Commercial Licenses, as specified above, You may permanently
- transfer the Materials you received pursuant to a license type listed in Section
- 4(D) above, and all of Your rights under this Agreement, to another party
- ("Recipient") solely in conjunction with a change of ownership, merger,
- acquisition, sale or transfer of all or substantially all of Your business or
- assets, either voluntarily, by operation of law or otherwise subject to the
- following: You must notify Intel of the transfer by sending a letter to Intel
- (i) identifying the legal entities of Recipient and You, (ii) identifying the
- Materials (i.e., the specific Intel software and version) and the associated
- serial numbers to be transferred, (iii) certifying that You retain no copies of
- the Materials or portions thereof, (iv) certifying that the Recipient has agreed
- in writing to be bound by all of the terms and conditions of this Agreement, (v)
- certifying that the Recipient has been notified that in order to receive support
- from Intel for the Materials they must notify Intel in writing of the transfer
- and provide Intel with the information specified in subsection (ii) above along
- with the name and email address of the individual assigned to use the Materials,
- and (vi) providing Your email address so that Intel may confirm receipt of Your
- letter. Please send such letter to:
-
-Intel Corporation
-2111 NE 25th Avenue
-Hillsboro, OR 97124
-Attn: DPD Contracts Management, JF1-15
-
-5. PRIVACY:
-
- A. Data Collection: Intel has collected or will collect certain personal
- information from You in order to inform You of updates to the Materials, based
- on the personal information collected when You registered the license to the
- Materials with Intel.
-
- B. Revoking Consent to Data Collection: You can revoke Your consent to this
- collection of personal information at any time by clicking on the link to
- "unsubscribe" at the bottom of any communication from Intel related to the
- Materials which will allow You to opt-out of receiving future messages related
- to the Materials.
-
- C. Intel's Privacy Notice: Intel is committed to respecting Your privacy. To
- learn more about Intel's privacy practices, please visit
- http://www.intel.com/privacy.
-
-6. OWNERSHIP: Title to the Materials and all copies thereof remain with Intel or
-its suppliers. The Materials are protected by intellectual property rights,
-including without limitation, United States copyright laws and international
-treaty provisions. You will not remove any copyright or other proprietary
-notice from the Materials. You agree to prevent any unauthorized copying of the
-Materials. Except as expressly provided herein, no license or right is granted
-to You directly or by implication, inducement, estoppel or otherwise;
-specifically Intel does not grant any express or implied right to You under
-Intel patents, copyrights, trademarks, or trade secrets.
-
-7. NO WARRANTY AND NO SUPPORT: Disclaimer. Intel disclaims all warranties of
-any kind and the terms and remedies provided in this Agreement are instead of
-any other warranty or condition, express, implied or statutory, including those
-regarding merchantability, fitness for any particular purpose, non-infringement
-or any warranty arising out of any course of dealing, usage of trade, proposal,
-specification or sample. Intel does not assume (and does not authorize any
-person to assume on its behalf) any other liability.
-
-Intel may make changes to the Materials, or to items referenced therein, at any
-time without notice, but is not obligated to support, update or provide training
-for the Materials. Intel may in its sole discretion offer such support, update
-or training services under separate terms at Intel's then-current rates. You may
-request additional information on Intel's service offerings from an Intel sales
-representative.
-
-8. LIMITATION OF LIABILITY: Neither Intel nor its suppliers shall be liable for
-any damages whatsoever (including, without limitation, damages for loss of
-business profits, business interruption, loss of business information, or other
-loss) arising out of the use of or inability to use the Materials, even if Intel
-has been advised of the possibility of such damages. Because some jurisdictions
-prohibit the exclusion or limitation of liability for consequential or
-incidental damages, the above limitation may not apply to you.
-
-9. UNAUTHORIZED USE: The Materials are not designed, intended, or authorized
-for use in any type of a system or application in which the failure of the
-Materials could create a situation where personal injury or death may occur
-(e.g., medical systems, life sustaining or lifesaving systems). Should You use
-the Materials for any such unintended or unauthorized use, You hereby indemnify,
-defend, and hold Intel and its officers, subsidiaries and affiliates harmless
-against all claims, costs, damages, expenses, and reasonable attorney fees
-arising out of, directly or indirectly, such use and any claim of product
-liability, personal injury or death associated with such unintended or
-unauthorized use, even if such claim alleges that Intel was negligent regarding
-the design or manufacture of the Materials.
-
-10. USER SUBMISSIONS: This Agreement does not obligate You to provide Intel
-with materials, information, comments, suggestions or other communication
-regarding the Materials. However, You agree that any material, information,
-comments, suggestions or other communication You transmit or post to an Intel
-website (including but not limited to, submissions to the Intel Premier Support
-and/or other customer support websites or online portals) or provide to Intel
-under this Agreement related to the features, functions, performance or use of
-the Materials are deemed non-confidential and non-proprietary
-("Communications"). Intel will have no obligations with respect to the
-Communications. You hereby grant to Intel a non-exclusive, perpetual,
-irrevocable, royalty-free, copyright license to copy, modify, create derivative
-works, publicly display, disclose, distribute, license and sublicense through
-multiple tiers of distribution and licensees, incorporate and otherwise use the
-Communications and all data, images, sounds, text, and other things embodied
-therein, including derivative works thereto, for any and all commercial or
-non-commercial purposes. You are prohibited from posting or transmitting to or
-from an Intel website or provide to Intel any unlawful, threatening, libelous,
-defamatory, obscene, pornographic, or other material that would violate any law.
-If You wish to provide Intel with information that You intend to be treated as
-confidential information, Intel requires that such confidential information be
-provided pursuant to a non-disclosure agreement ("NDA"), so please contact Your
-Intel representative to ensure the proper NDA is in place.
-
-Nothing in this Agreement will be construed as preventing Intel from reviewing
-Your Communications and errors or defects in Intel products discovered while
-reviewing Your Communications. Furthermore, nothing in this Agreement will be
-construed as preventing Intel from implementing independently-developed
-enhancements to Intel's own error diagnosis methodology to detect errors or
-defects in Intel products discovered while reviewing Your Communications or to
-implement bug fixes or enhancements in Intel products. The foregoing may include
-the right to include Your Communications in regression test suites.
-
-11. NON-DISCLOSURE: The following provisions will apply if there is no existing
-non-disclosure agreement between You and Intel. You will maintain the
-confidentiality of the Confidential Information (if any) with at least the same
-degree of care that You use to protect Your own confidential and proprietary
-information, but no less than a reasonable degree of care under the
-circumstances. You will not disclose the Confidential Information to any
-employees or to any third parties except to Your employees who have a need to
-know and who agree to abide by nondisclosure terms at least as comprehensive as
-those set forth herein; provided that You will be liable for breach by any such
-entity. For the purposes of this Agreement, the term "employee" will include
-Your independent contractors, who have signed confidentiality agreements with
-You. You will not make any copies of the Confidential Information except as
-necessary for Your employees with a need to know. Any copies which are made
-will be identified as belonging to Intel and marked "confidential",
-"proprietary" or with similar legend. You will not be liable for the disclosure
-of any Confidential Information which is (a) generally made available publicly
-or to third parties by Intel without restriction on disclosure; (b) rightfully
-received from a third party without obligation of confidentiality; (c)
-rightfully known to You without any limitation on disclosure prior to Your
-receipt from Intel; (d) independently developed by Your employees; or (e)
-required to be disclosed in accordance with applicable laws, regulations, court,
-judicial or other government order, provided that You will give Intel reasonable
-notice prior to such disclosure and will comply with any applicable protective
-order.
-
-12. TERMINATION OF THIS LICENSE: This Agreement becomes effective on the date
-You accept this Agreement and will continue until terminated as provided for in
-this Agreement. If You are using the Materials under a time-limited license,
-for example an Evaluation License, this Agreement terminates without notice on
-the last day of the time period, which is specified in the Materials or on
-Intel's website, and/or controlled by the license key code for the Materials.
-Intel may terminate this license immediately if You are in breach of any of its
-terms and conditions and such breach is not cured within thirty (30) days of
-written notice from Intel. Upon termination, You will immediately return to
-Intel or destroy the Materials and all copies thereof. In the event of
-termination of this Agreement, the license grant to any Materials or
-Redistributables distributed by You in accordance with the terms and conditions
-of this Agreement, prior to the effective date of such termination, will survive
-any such termination of this Agreement. Sections 1, 5, 6, 7, 8, 9, 10, 11, 12,
-and 14 will survive expiration or termination of this Agreement.
-
-13. U.S. GOVERNMENT RESTRICTED RIGHTS: The technical data and computer software
-covered by this license is a "Commercial Item," as such term is defined by the
-FAR 2.101 (48 C.F.R. 2.101) and is "commercial computer software" and
-"commercial computer software documentation" as specified under FAR 12.212 (48
-C.F.R. 12.212) or DFARS 227.7202 (48 C.F.R. 227.7202), as applicable. This
-commercial computer software and related documentation is provided to end users
-for use by and on behalf of the U.S. Government, with only those rights as are
-granted to all other end users pursuant to the terms and conditions herein. Use
-for or on behalf of the U.S. Government is permitted only if the party acquiring
-or using this software is properly authorized by an appropriate U.S. Government
-official. This use by or for the U.S. Government clause is in lieu of, and
-supersedes, any other FAR, DFARS, or other provision that addresses Government
-rights in the computer software or documentation covered by this license. All
-copyright licenses granted to the U.S. Government are coextensive with the
-technical data and computer software licenses granted herein. The U.S.
-Government will only have the right to reproduce, distribute, perform, display,
-and prepare derivative works as needed to implement those rights.
-
-14. GENERAL PROVISIONS
-
- A. ENTIRE AGREEMENT: This Agreement contains the complete and exclusive
- agreement and understanding between the parties concerning the subject matter
- of this Agreement, and supersedes all prior and contemporaneous proposals,
- agreements, understanding, negotiations, representations, warranties,
- conditions, and communications, oral or written, between the parties relating
- to the same subject matter. This Agreement, including without limitation its
- termination, has no effect on any signed non-disclosure agreements between
- the parties, which remain in full force and effect as separate agreements to
- their terms. Each party acknowledges and agrees that in entering into this
- Agreement it has not relied on, and will not be entitled to rely on, any oral
- or written representations, warranties, conditions, understanding, or
- communications between the parties that are not expressly set forth in this
- Agreement. The express provisions of this Agreement control over any course
- of performance, course of dealing, or usage of the trade inconsistent with
- any of the provisions of this Agreement. The provisions of this Agreement
- will prevail notwithstanding any different, conflicting, or additional
- provisions that may appear on any purchase order, acknowledgement, invoice,
- or other writing issued by either party in connection with this Agreement. No
- modification or amendment to this Agreement will be effective unless in
- writing and signed by authorized representatives of each party, and must
- specifically identify this Agreement by its title (e.g., "End User License
- Agreement for the Intel(R) software and version, i.e., March 2015). If You
- received a copy of this Agreement translated into another language, the
- English language version of this Agreement will prevail in the event of any
- conflict between versions.
-
- B. EXPORT. You must comply with all laws and regulations of the United States
- and other countries governing the export, re-export, import, transfer,
- distribution, use, and servicing of Software. In particular, You must not:
- (a) sell or transfer Software to a country subject to sanctions, or to any
- entity listed on a denial order published by the United States government or
- any other relevant government; or (b) use, sell, or transfer Software for the
- development, design, manufacture, or production of nuclear, missile, chemical
- or biological weapons, or for any other purpose prohibited by the United
- States government or other applicable government; without first obtaining all
- authorizations required by all applicable laws. For more details on Your
- export obligations, please visit
- http://www.intel.com/content/www/us/en/legal/export-compliance.html?wapkw=export.
-
-
- C. GOVERNING LAW, JURISDICTION, AND VENUE: All disputes arising out of or
- related to this Agreement, whether based on contract, tort, or any other
- legal or equitable theory, will in all respects be governed by, and construed
- and interpreted under, the laws of the United States of America and the State
- of Delaware, without reference to conflict of laws principles. The parties
- agree that the United Nations Convention on Contracts for the International
- Sale of Goods (1980) is specifically excluded from and will not apply to this
- Agreement. All disputes arising out of or related to this Agreement, whether
- based on contract, tort, or any other legal or equitable theory, will be
- subject to the exclusive jurisdiction of the courts of the State of Delaware
- or of the Federal courts sitting in that State. Each party submits to the
- personal jurisdiction of those courts and waives all objections to that
- jurisdiction and venue for those disputes.
-
- D. SEVERABILITY: The parties intend that if a court holds that any provision
- or part of this Agreement is invalid or unenforceable under applicable law,
- the court will modify the provision to the minimum extent necessary to make
- it valid and enforceable, or if it cannot be made valid and enforceable, the
- parties intend that the court will sever and delete the provision or part
- from this Agreement. Any change to or deletion of a provision or part of this
- Agreement under this Section will not affect the validity or enforceability
- of the remainder of this Agreement, which will continue in full force and
- effect.
-
-
-* Other names and brands may be claimed as the property of others
-
-
-
-
-
-Common Public License Version 1.0
-
-THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON
-PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF
-THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
-
-1. DEFINITIONS
-
-"Contribution" means:
-
- a) in the case of the initial Contributor, the initial code and
- documentation distributed under this Agreement, and
-
- b) in the case of each subsequent Contributor:
- i) changes to the Program, and
- ii) additions to the Program; where such changes and/or additions
- to the Program originate from and are distributed by that
- particular Contributor. A Contribution 'originates' from a
- Contributor if it was added to the Program by such
- Contributor itself or anyone acting on such Contributor's
- behalf. Contributions do not include additions to the Program
- which: (i) are separate modules of software distributed in
- conjunction with the Program under their own license
- agreement, and (ii) are not derivative works of the Program.
-
-"Contributor" means any person or entity that distributes the Program.
-
-"Licensed Patents " mean patent claims licensable by a Contributor
-which are necessarily infringed by the use or sale of its Contribution
-alone or when combined with the Program.
-
-"Program" means the Contributions distributed in accordance with this
-Agreement.
-
-"Recipient" means anyone who receives the Program under this
-Agreement, including all Contributors.
-
-2. GRANT OF RIGHTS
-
- a) Subject to the terms of this Agreement, each Contributor hereby
- grants Recipient a non-exclusive, worldwide, royalty-free
- copyright license to reproduce, prepare derivative works of,
- publicly display, publicly perform, distribute and sublicense the
- Contribution of such Contributor, if any, and such derivative
- works, in source code and object code form.
-
- b) Subject to the terms of this Agreement, each Contributor hereby
- grants Recipient a non-exclusive, worldwide, royalty-free patent
- license under Licensed Patents to make, use, sell, offer to sell,
- import and otherwise transfer the Contribution of such
- Contributor, if any, in source code and object code form. This
- patent license shall apply to the combination of the Contribution
- and the Program if, at the time the Contribution is added by the
- Contributor, such addition of the Contribution causes such
- combination to be covered by the Licensed Patents. The patent
- license shall not apply to any other combinations which include
- the Contribution. No hardware per se is licensed hereunder.
-
- c) Recipient understands that although each Contributor grants the
- licenses to its Contributions set forth herein, no assurances are
- provided by any Contributor that the Program does not infringe
- the patent or other intellectual property rights of any other
- entity. Each Contributor disclaims any liability to Recipient for
- claims brought by any other entity based on infringement of
- intellectual property rights or otherwise. As a condition to
- exercising the rights and licenses granted hereunder, each
- Recipient hereby assumes sole responsibility to secure any other
- intellectual property rights needed, if any. For example, if a
- third party patent license is required to allow Recipient to
- distribute the Program, it is Recipient's responsibility to
- acquire that license before distributing the Program.
-
- d) Each Contributor represents that to its knowledge it has
- sufficient copyright rights in its Contribution, if any, to grant
- the copyright license set forth in this Agreement.
-
-3. REQUIREMENTS
-
-A Contributor may choose to distribute the Program in object code form
-under its own license agreement, provided that:
-
- a) it complies with the terms and conditions of this Agreement; and
-
- b) its license agreement:
- i) effectively disclaims on behalf of all Contributors all
- warranties and conditions, express and implied, including
- warranties or conditions of title and non-infringement, and
- implied warranties or conditions of merchantability and
- fitness for a particular purpose;
- ii) effectively excludes on behalf of all Contributors all
- liability for damages, including direct, indirect, special,
- incidental and consequential damages, such as lost profits;
- iii) states that any provisions which differ from this Agreement
- are offered by that Contributor alone and not by any other
- party; and
- iv) states that source code for the Program is available from
- such Contributor, and informs licensees how to obtain it in a
- reasonable manner on or through a medium customarily used for
- software exchange.
-
-When the Program is made available in source code form:
-
- a) it must be made available under this Agreement; and
-
- b) a copy of this Agreement must be included with each copy of the
- Program. Contributors may not remove or alter any copyright
- notices contained within the Program.
-
-Each Contributor must identify itself as the originator of its
-Contribution, if any, in a manner that reasonably allows subsequent
-Recipients to identify the originator of the Contribution.
-
-4. COMMERCIAL DISTRIBUTION
-
-Commercial distributors of software may accept certain
-responsibilities with respect to end users, business partners and the
-like. While this license is intended to facilitate the commercial use
-of the Program, the Contributor who includes the Program in a
-commercial product offering should do so in a manner which does not
-create potential liability for other Contributors. Therefore, if a
-Contributor includes the Program in a commercial product offering,
-such Contributor ("Commercial Contributor") hereby agrees to defend
-and indemnify every other Contributor ("Indemnified Contributor")
-against any losses, damages and costs (collectively "Losses") arising
-from claims, lawsuits and other legal actions brought by a third party
-against the Indemnified Contributor to the extent caused by the acts
-or omissions of such Commercial Contributor in connection with its
-distribution of the Program in a commercial product offering. The
-obligations in this section do not apply to any claims or Losses
-relating to any actual or alleged intellectual property
-infringement. In order to qualify, an Indemnified Contributor must:
-
- a) promptly notify the Commercial Contributor in writing of such
- claim, and
-
- b) allow the Commercial Contributor to control, and cooperate with
- the Commercial Contributor in, the defense and any related
- settlement negotiations. The Indemnified Contributor may
- participate in any such claim at its own expense.
-
-For example, a Contributor might include the Program in a commercial
-product offering, Product X. That Contributor is then a Commercial
-Contributor. If that Commercial Contributor then makes performance
-claims, or offers warranties related to Product X, those performance
-claims and warranties are such Commercial Contributor's responsibility
-alone. Under this section, the Commercial Contributor would have to
-defend claims against the other Contributors related to those
-performance claims and warranties, and if a court requires any other
-Contributor to pay any damages as a result, the Commercial Contributor
-must pay those damages.
-
-5. NO WARRANTY
-
-EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
-PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
-KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
-WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
-OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
-responsible for determining the appropriateness of using and
-distributing the Program and assumes all risks associated with its
-exercise of rights under this Agreement, including but not limited to
-the risks and costs of program errors, compliance with applicable
-laws, damage to or loss of data, programs or equipment, and
-unavailability or interruption of operations.
-
-6. DISCLAIMER OF LIABILITY
-
-EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
-ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
-INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
-WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
-LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
-NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
-DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
-HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-
-7. GENERAL
-
-If any provision of this Agreement is invalid or unenforceable under
-applicable law, it shall not affect the validity or enforceability of
-the remainder of the terms of this Agreement, and without further
-action by the parties hereto, such provision shall be reformed to the
-minimum extent necessary to make such provision valid and
-enforceable.
-
-If Recipient institutes patent litigation against a Contributor with
-respect to a patent applicable to software (including a cross-claim or
-counterclaim in a lawsuit), then any patent licenses granted by that
-Contributor to such Recipient under this Agreement shall terminate as
-of the date such litigation is filed. In addition, if Recipient
-institutes patent litigation against any entity (including a
-cross-claim or counterclaim in a lawsuit) alleging that the Program
-itself (excluding combinations of the Program with other software or
-hardware) infringes such Recipient's patent(s), then such Recipient's
-rights granted under Section 2(b) shall terminate as of the date such
-litigation is filed.
-
-All Recipient's rights under this Agreement shall terminate if it
-fails to comply with any of the material terms or conditions of this
-Agreement and does not cure such failure in a reasonable period of
-time after becoming aware of such noncompliance. If all Recipient's
-rights under this Agreement terminate, Recipient agrees to cease use
-and distribution of the Program as soon as reasonably
-practicable. However, Recipient's obligations under this Agreement and
-any licenses granted by Recipient relating to the Program shall
-continue and survive.
-
-Everyone is permitted to copy and distribute copies of this Agreement,
-but in order to avoid inconsistency the Agreement is copyrighted and
-may only be modified in the following manner. The Agreement Steward
-reserves the right to publish new versions (including revisions) of
-this Agreement from time to time. No one other than the Agreement
-Steward has the right to modify this Agreement. IBM is the initial
-Agreement Steward. IBM may assign the responsibility to serve as the
-Agreement Steward to a suitable separate entity. Each new version of
-the Agreement will be given a distinguishing version number. The
-Program (including Contributions) may always be distributed subject to
-the version of the Agreement under which it was received. In addition,
-after a new version of the Agreement is published, Contributor may
-elect to distribute the Program (including its Contributions) under
-the new version. Except as expressly stated in Sections 2(a) and 2(b)
-above, Recipient receives no rights or licenses to the intellectual
-property of any Contributor under this Agreement, whether expressly,
-by implication, estoppel or otherwise. All rights in the Program not
-expressly granted under this Agreement are reserved.
-
-This Agreement is governed by the laws of the State of New York and
-the intellectual property laws of the United States of America. No
-party to this Agreement will bring a legal action under this Agreement
-more than one year after the cause of action arose. Each party waives
-its rights to a jury trial in any resulting litigation.
-
-