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BY USING THIS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. DO NOT USE THIS SOFTWARE UNTIL YOU HAVE CAREFULLY READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY RETURN THE SOFTWARE AND ANY ACCOMPANYING ITEMS.
Source Code means the source code for the enclosed Licensed Program supplied to you by Intel.
Licensed Program means the object code for the enclosed software programs.
Intel grants you the right to use the Source Code for internal development purposes only.
You may modify Source Code and merge portions of the Source Code into your software program material for internal development purposes only. Programs which incorporate any portion of Source Code are Derivative Source Programs. Neither Source Code nor a Derivative Source Program may be assigned, subleased, leased, transferred, distributed or in any other way made available to any other individual, corporation, or other entity without the prior written consent of Intel.
Intel also grants you the right to reproduce and distribute the Licensed Program and object code generated from Derivative Source Programs ("Software") provided (i) you distribute Software as a part of your software product, (ii) you distribute Software under terms and conditions which are no less restrictive than those set forth in Exhibit B of the i960 Processor Tools License Guide, and (iii) you agree to indemnify, hold harmless, and defend Intel against any claims or lawsuits that arise from the use or distribution of the Software and/or your software product.
You may:
Restrictions - You Will Not:
Intel warrants that the media on which the Source Code and Licensed Program are furnished will be free from defects in material and workmanship under normal use for a period of ninety (90) days from the date of purchase. Intel's entire liability and your exclusive remedy shall be the replacement of the Source Code and Licensed Program if the media on which the Source Code and Licensed Program are furnished proves to be defective. This warranty is void if the media defect has resulted from accident, abuse, or misapplication. Any replacement of media will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
Except as provided above, the Source Code and Licensed Program are provided "AS IS" without warranty of any kind. WITH REGARD TO SOURCE CODE AND THE LICENSED PROGRAM, INTEL AND ITS VENDORS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF A THIRD PARTY.
NEITHER INTEL NOR ITS VENDORS SHALL BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that Source Code is a trade secret of Intel or its vendors. You agree not to disclose or otherwise make Source Code or Derivative Source Programs available in whole or in part, in any form, to any person other than your employees who have a specific need for access to Source Code or Derivative Source Programs. You agree to instruct each such employee on his/her obligations with respect to use, copying, protection, and security of Source Code and Derivative Source Programs. The obligations of this paragraph are to remain in effect until such time as Source Code becomes publicly known, through no act or failure to act on your part.
You may not assign, sublicense, or otherwise transfer this Agreement or any right or obligation hereunder without Intel's prior written consent.
You may terminate this Agreement and the licenses granted herein at any time.
Intel may terminate this Agreement and any licenses granted herein at any time if you are in breach of any of its terms. Such termination shall not prejudice Intel's right to damages or any other remedy available at law or equity.
Upon termination of the Agreement, you will immediately return all copies, in whole or in part, of the Source Code, Derivative Source Program and Licensed Program to Intel or destroy the original and all copies of the Source Code, Derivative Source Program and Licensed Program and certify to Intel that they have been destroyed.
Title to Source Code, Derivative Source Programs, and the Licensed Program and all copies, in whole or in part, remains with Intel or its vendors. Source Code, Derivative Source Programs and the Licensed Program are copyrighted and are protected by United States copyright laws and international treaty provisions. You will not remove the copyright notice from the Source Code, Derivative Source Programs or the Licensed Program.
Intel reserves the right to conduct or have conducted audits to verify your compliance with this Agreement.
You agree that the distribution and export/re-export of the Licensed Program or object code generated from the Source Code or Derivative Source Programs is in compliance with U.S. laws, including the laws, regulations, orders or other restrictions of the U.S. Export Administration Regulations.
The Source Code and Licensed Program were developed at private expense and are provided with "RESTRICTED RIGHTS." Use, duplication or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq or its successor.
This Agreement is governed by the laws of the State
of California and the United States, including patent and copyright
laws. Any claim arising out of this Agreement will be brought
in Santa Clara County, California.
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