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diff --git a/licenses/Intel-SDP b/licenses/Intel-SDP deleted file mode 100644 index e8bc8b63d..000000000 --- a/licenses/Intel-SDP +++ /dev/null @@ -1,846 +0,0 @@ -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. - - |