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      1                              TERMS AND CONDITIONS
      2     IMPORTANT - PLEASE READ BEFORE INSTALLING OR USING THIS INTEL(C) SOFTWARE
      3 
      4 Do not use or load this firmware (the "Software") until you have carefully read
      5 the following terms and conditions. By loading or using the Software, you agree
      6 to the terms of this Agreement. If you do not wish to so agree, do not install
      7 or use the Software.
      8 
      9 LICENSEES:
     10 
     11 Please note: 
     12 
     13 * If you are an End-User, only Exhibit A, the SOFTWARE LICENSE AGREEMENT,
     14   applies.
     15 * If you are an Original Equipment Manufacturer (OEM), Independent Hardware
     16   Vendor (IHV), or Independent Software Vendor (ISV), this complete Agreement
     17   applies 
     18 
     19 --------------------------------------------------------------------------------
     20 
     21 For OEMs, IHVs, and ISVs:
     22 
     23 LICENSE. This Software is licensed for use only in conjunction with Intel
     24 component products. Use of the Software in conjunction with non-Intel component
     25 products is not licensed hereunder. Subject to the terms of this Agreement,
     26 Intel grants to you a nonexclusive, nontransferable, worldwide, fully paid-up
     27 license under Intel's copyrights to: (i) copy the Software internally for your
     28 own development and maintenance purposes; (ii) copy and distribute the Software
     29 to your end-users, but only under a license agreement with terms at least as
     30 restrictive as those contained in Intel's Final, Single User License Agreement,
     31 attached as Exhibit A; and (iii) modify, copy and distribute the end-user
     32 documentation which may accompany the Software, but only in association with
     33 the Software.  
     34 
     35 If you are not the final manufacturer or vendor of a computer system or software
     36 program incorporating the Software, then you may transfer a copy of the
     37 Software, including any related documentation (modified or unmodified) to your
     38 recipient for use in accordance with the terms of this Agreement, provided such
     39 recipient agrees to be fully bound by the terms hereof. You shall not otherwise
     40 assign, sublicense, lease, or in any other way transfer or disclose Software to
     41 any third party. You may not, nor may you assist any other person or entity to
     42 modify, translate, convert to another programming language, decompile, reverse
     43 engineer, or disassemble any portion of the Software or otherwise attempt to
     44 derive source code from any object code modules of the Software or any internal
     45 data files generated by the Software. Your rights to redistribute the Software
     46 shall be contingent upon your installation of this Agreement in its entirety in
     47 the same directory as the Software.
     48 
     49 CONTRACTORS. For the purpose of this Agreement, and notwithstanding anything 
     50 to the contrary hereunder, solely with respect to the requirements for 
     51 compliance with the terms hereunder, any contractors or consultants that You 
     52 use to perform the work or otherwise assist You in the development or products 
     53 using this Software shall be deemed to be End Users and accordingly, upon 
     54 receipt of the Software, shall be bound by the terms of Exhibit A, Software 
     55 License Agreement. No additional agreement between You and such consultants or 
     56 contractors is required under this Agreement to detail such compliance.
     57 
     58 TRADEMARKS. Except as expressly provided herein, you shall not use Intel's 
     59 name in any publications, advertisements, or other announcements without 
     60 Intel's prior written consent. You do not have any rights to use any Intel 
     61 trademarks or logos.
     62 
     63 OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Software and accompanying materials, if
     64 any, are owned by Intel or its suppliers and licensors and may be protected by
     65 copyright, trademark, patent and trade secret law and international treaties. 
     66 Any rights, express or implied, in the intellectual property embodied in the
     67 foregoing, other than those specified in this Agreement, are reserved by Intel
     68 and its suppliers and licensors or otherwise as set forth in any applicable
     69 open source license agreement. You will keep the Software free of liens,
     70 attachments, and other encumbrances.  You agree not to remove any proprietary
     71 notices and/or any labels from the Software and accompanying materials without
     72 prior written approval by Intel
     73 
     74 LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS AND LICENSORS
     75 BE LIABLE FOR ANY DAMAGES WHATSOEVER FROM ANY CAUSE OF ACTION OF ANY KIND
     76 (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST
     77 INFORMATION) ARISING OUT OF THE USE, MODIFICATION, OR INABILITY TO USE THE
     78 INTEL SOFTWARE, OR OTHERWISE, NOR FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR
     79 SPECIAL DAMAGES OF ANY KIND, EVEN IF INTEL OR ITS SUPPLIERS AND LICENSORS HAS
     80 BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   SOME JURISDICTIONS PROHIBIT
     81 EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES, CONSEQUENTIAL OR
     82 INCIDENTAL DAMAGES, SO CERTAIN LIMITATIONS MAY NOT APPLY.  YOU MAY ALSO HAVE
     83 OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. 
     84 
     85 EXCLUSION OF WARRANTIES.  THE SOFTWARE IS PROVIDED "AS IS" AND POSSIBLY WITH
     86 FAULTS. UNLESS EXPRESSLY AGREED OTHERWISE, INTEL AND ITS SUPPLIERS AND
     87 LICENSORS DISCLAIM ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED OR
     88 OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
     89 NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.  Intel does not warrant
     90 or assume responsibility for the accuracy or completeness of any information,
     91 text, graphics, links or other items contained within the Software.  You assume
     92 all liability, financial or otherwise, associated with Your use or disposition
     93 of the Software.
     94 		
     95 APPLICABLE LAW. Claims arising under this Agreement shall be governed by the
     96 laws of State of California], excluding its principles of conflict of laws and
     97 the United Nations Convention on Contracts for the Sale of Goods.  
     98 
     99 WAIVER AND AMENDMENT. No modification, amendment or waiver of any provision of
    100 this Agreement shall be effective unless in writing and signed by an officer of
    101 Intel.  No failure or delay in exercising any right, power, or remedy under
    102 this Agreement shall operate as a waiver of any such right, power or remedy. 
    103 Without limiting the foregoing, terms and conditions on any purchase orders or
    104 similar materials submitted by you to Intel, and any terms contained in Intels
    105 standard acknowledgment form that are in conflict with these terms, shall be of
    106 no force or effect.
    107 
    108 SEVERABILITY.  If any provision of this Agreement is held by a court of
    109 competent jurisdiction to be contrary to law, such provision shall be changed
    110 and interpreted so as to best accomplish the objectives of the original
    111 provision to the fullest extent allowed by law and the remaining provisions of
    112 this Agreement shall remain in full force and effect.
    113 
    114 EXPORT RESTRICTIONS.  Each party acknowledges that the Software is subject to
    115 applicable import and export regulations of the United States and of the
    116 countries in which each party transacts business, specifically including U.S.
    117 Export Administration Act and Export Administration Regulations.  Each party
    118 shall comply with such laws and regulations, as well as all other laws and
    119 regulations applicable to the Software.  Without limiting the generality of the
    120 foregoing, each party agrees that it will not export, re-export, transfer or
    121 divert any of the Software or the direct programs thereof to any restricted
    122 place or party in accordance with U.S. export regulations.  Note that Software
    123 containing encryption may be subject to additional restrictions.
    124 
    125 GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS."
    126 Use, duplication, or disclosure by the Government is subject to restrictions as
    127 set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or their successors. Use
    128 of the Software by the Government constitutes acknowledgment of Intel's
    129 proprietary rights therein. Contractor or Manufacturer is Intel Corporation,
    130 2200 Mission College Blvd., Santa Clara, CA  95052.
    131 
    132 TERMINATION OF THE AGREEMENT. Intel may terminate this Agreement if you violate
    133 its terms. Upon termination, you will immediately destroy the Software or
    134 return all copies of the Software to Intel.
    135 
    136 --------------------------------------------------------------------------------
    137 
    138 EXHIBIT "A"
    139 
    140 SOFTWARE LICENSE AGREEMENT (Final, Single User)
    141 
    142 IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
    143 
    144 Do not use or load this firmware image (the "Software") until you have carefully
    145 read the following terms and conditions. By loading or using the Software, you
    146 agree to the terms of this Agreement. If you do not wish to so agree, do not
    147 install or use the Software.
    148 
    149 LICENSE. You may copy and use the Software, subject to these conditions: 
    150 1. This Software is licensed for use only in conjunction with Intel component
    151    products. Use of the Software in conjunction with non-Intel component 
    152    products is not licensed hereunder. 
    153 2. You may not copy, modify, rent, sell, distribute or transfer any part of the
    154    Software except as provided in this Agreement, and you agree to prevent
    155    unauthorized copying of the Software. 
    156 3. You may not reverse engineer, decompile, or disassemble the Software. 
    157 4. You may not sublicense the Software. 
    158 5. The Software may contain the software or other property of third party
    159    suppliers. 
    160 
    161 OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software
    162 remains with Intel or its suppliers. The Software is copyrighted and protected
    163 by the laws of the United States and other countries, and international treaty
    164 provisions. You may not remove any copyright notices from the Software. Intel
    165 may make changes to the Software, or items referenced therein, at any time
    166 without notice, but is not obligated to support or update the Software. Except
    167 as otherwise expressly provided, Intel grants no express or implied right under
    168 Intel patents, copyrights, trademarks, or other intellectual property rights.
    169 You may transfer the Software only if a copy of this license accompanies the 
    170 Software and the recipient agrees to be fully bound by these terms.
    171 
    172 EXCLUSION OF OTHER WARRANTIES EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED
    173 "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING
    174 WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR
    175 PURPOSE. Intel does not warrant or assume responsibility for the accuracy or
    176 completeness of any information, text, graphics, links or other items contained
    177 within the Software.
    178 
    179 LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE FOR
    180 ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS
    181 INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO
    182 USE THE SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
    183 DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR
    184 IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
    185 LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY
    186 BETWEEN JURISDICTIONS.
    187 
    188 TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement at any time if
    189 you violate its terms. Upon termination, you will immediately destroy the
    190 Software.
    191 
    192 APPLICABLE LAWS. Claims arising under this Agreement shall be governed by the
    193 laws of California, excluding its principles of conflict of laws and the United
    194 Nations Convention on Contracts for the Sale of Goods. You may not export the
    195 Software in violation of applicable export laws and regulations. Intel is not
    196 obligated under any other agreements unless they are in writing and signed by
    197 an authorized representative 
    198 of Intel.
    199 
    200 GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS."
    201 Use, duplication, or disclosure by the Government is subject to restrictions as
    202 set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or their successors. Use
    203 of the Software by the Government constitutes acknowledgment of Intel's
    204 proprietary rights therein. Contractor or Manufacturer is Intel Corporation,
    205 2200 Mission College Blvd., Santa Clara, CA 95052.
    206 
    207 
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