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. 206 207 208 209 210 211