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authorAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
committerAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
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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.
+
+