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