Intel C/C++ Compiler Plug-in License Information

IMPORTANT - READ THIS BEFORE OPENING OR INSTALLING: By opening this package, or reproducing, installing, or using the enclosed materials, you are agreeing to be bound by the terms of this agreement. If you do not agree to them, do not install or use this software.

LICENSE: Subject to the Restrictions below, Intel Corporation ("Intel") grants to you the following non-exclusive, non-assignable, royalty-free copyright licenses in the "Materials" below, which are identified specifically in the enclosed documentation

Developer Tools include developer documentation, installation or development utilities, and other materials. You may use them internally for the purposes of using the Materials as licensed hereunder, but you may not redistribute them.

Sample Source may include example interface or application source code. You may copy, modify and compile the Sample Source and distribute it in your own products in binary and source code form.

End-User Documentation includes textual materials intended for end users. You may copy, modify and distribute them.

Licensed Binaries are redistributable code provided in binary form. You may copy and distribute Licensed Binaries with your product.

RESTRICTIONS: You will make reasonable efforts to discontinue distribution of the enclosed Materials upon Intel's release of an update, upgrade or new version of the Materials and to make reasonable efforts to distribute such updates, upgrades or new versions to your customers who have received the Materials herein.

You may not reverse-assemble, reverse-compile, or otherwise reverse-engineer any software provided solely in binary form.

Distribution of the Materials is also subject to the following limitations you (i) shall be solely responsible to your customers for any update or support obligation or other liability which may arise from the distribution, (ii) do not make any statement that your product is "certified," or that its performance is guaranteed, by Intel, (iii) do not use Intel's name or trademarks to market your product without written permission, (iv) shall prohibit disassembly and reverse engineering, and (v) shall 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 distribution of any product.

COPYRIGHT: Title to the Materials and all copies thereof remain with Intel or its suppliers. The Materials are copyrighted and are protected by United States copyright laws and international treaty provisions. You will not remove any copyright notice from the Materials. You agree to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Intel does not grant any express or implied right to you under Intel patents, copyrights, trademarks, or trade secret information.

REPLACEMENTS: The Materials are provided "AS IS" without warranty of any kind. If the media on which the Materials are furnished are found to be defective in material or workmanship under normal use for a period of ninety (90) days from the date of receipt, Intel's entire liability and your exclusive remedy shall be the replacement of the media. This offer is void if the media defect results from accident, abuse, or misapplication.

LIMITATION OF LIABILITY: THE ABOVE REPLACEMENT PROVISION IS THE ONLY WARRANTY OF ANY KIND. INTEL OFFERS NO OTHER WARRANTY EITHER EXPRESS OR IMPLIED INCLUDING THOSE OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. 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 SOFTWARE, 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.

TERMINATION OF THIS LICENSE: Intel may terminate this license at any time if you are in breach of any of its terms and conditions. Upon termination, you will immediately destroy the Materials or return all copies of the Materials to Intel along with any copies you have made.

U.S. GOVERNMENT RESTRICTED RIGHTS: The Materials are provided with "RESTRICTED RIGHTS." Use, duplication or disclosure by the Government is subject to restrictions set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Materials by the Government constitutes acknowledgment of Intel's rights in them .

APPLICABLE LAWS: Any claim arising under or relating to this Agreement shall be governed by the internal substantive laws of the State of Delaware or federal courts located in Delaware, without regard to principles of conflict of laws. You may not export the Materials in violation of applicable export laws.

License Definitions for the Intel C/C++ Compiler Plug-in refer to the following directories located on the CD-ROM or in the self-installing executables:

• Developer tools can be found in the directories PERFORM\bin, PERFORM\lib and PERFORM\doc with corresponding include files in PERFORM\include.