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License.Subject to the terms of this Agreement, Intel grants to You, for the Term, a personal, limited, non-transferable, nonexclusive, worldwide, revocable, fully paid-up license under Intel’s intellectual property rights in the Material, without the right to sublicense, to: a) develop Your Product; b) modify Material delivered as source code (or its equivalent); and c) distribute Material, as delivered by Intel or as modified by You, as object code (or its equivalent), in Your Product, provided Your distribution is subject to terms and conditions consistent with Your rights and obligations under this Agreement Severability. If a court holds a provision of this Agreement unenforceable, the court will modify that provision to the minimum extent necessary to make it enforceable or, if necessary, GOVERNING LAW AND JURISDICTION. This Agreement and any dispute arising out of or relating to it will be governed by the laws of the U.S.A. and Delaware, without regard to conflict of laws principles. The Parties exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (1980). The state and federal courts sitting in Delaware, U.S.A. will have exclusive jurisdiction over any dispute arising out of or relating to this Agreement. The Parties consent to personal jurisdiction and venue in those courts. A Party that obtains a judgment against the other Party in the courts identified in this section may enforce that judgment in any court that has jurisdiction over the Parties. The purpose of this AUP is to inform all companies of the acceptable uses of the Cloud Services. Intel is committed to encouraging the use of the Cloud Services, but such use must be consistent with the laws and regulations governing use of the Internet and must protect the right of its other companies to use its Cloud Services. The AUP is designed to achieve these goals. You agree to comply with the AUP and are responsible for the use of the Cloud Services by all entities and individuals whom You permit to use the Cloud Services. Intel has the right to change or modify the terms of the AUP at any time, effective when posted to the Cloud Services portal. Your use of the Cloud Services after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.
Governing Law; Jurisdiction. This Agreement is governed by USA and Delaware law without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Except for claims for misappropriation of trade secrets or breach of confidentiality obligations, all disputes and actions arising out of or related to this Agreement are subject to the exclusive jurisdiction of the state and federal courts in Wilmington, Delaware and you consent to personal jurisdiction in those courts. a) “Cloud Service” means the enablement of certain functionality of the Software through the use of cloud services provided by Intel through a third party.
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If the driver won't install and you are using a supported operating system, try one or both of the following: GOVERNMENT RESTRICTED RIGHTS. The Software is a commercial item (as defined in 48 C.F.R. 2.101) consisting of commercial computer software and commercial computer software documentation (as those terms are used in 48 C.F.R. 12.212). Consistent with 48 C.F.R. 12.212 and 48 C.F.R 227.7202-1 through 227.7202-4, You will not provide the Software to the U.S. Government. Contractor or Manufacturer is Intel Corporation, 2200 Mission College Blvd., Santa Clara, CA 95054. iii. At Intel’s sole discretion, Intel may terminate Your access to Customer Data or delete Customer Data stored in the Cloud Services during a suspension, and Intel shall not be liable to You for any damages or losses You may incur as a result of such suspension. Assignment. You may not assign Your rights or obligations under this Agreement without Intel’s prior written consent. No third party will have any rights under this Agreement.
e) “Hosted Environment” means the platform infrastructure, including Intel’s proprietary software, to which Intel grants access to You, its contractors and customers as part of the Cloud Services. vi. The continued use of the Software by You may adversely impact the Cloud Services or the systems or content of Intel or any third party,
NO WARRANTY. The Material is provided “as is,” without any express or implied warranty of any kind including warranties of merchantability, non-infringement, title, or fitness for a particular purpose. The Material may be pre-release and may not be fully functional. Intel is not required to maintain, update, or support any Material. Prohibited Uses: The following list provides a number of general prohibited uses of the Cloud Services that are violations of this AUP. Please note that the following list does not represent a comprehensive or complete list of all prohibited uses. Dispute Resolution. If we have a dispute regarding this Agreement (other than for misappropriation of trade secrets or breaches of confidentiality obligations), neither party can file a lawsuit or other regulatory proceeding before the complaining party provides the other party a detailed notice of the dispute and our senior managers attempt to resolve the dispute. If our senior managers cannot resolve the dispute in 30 days, either party may demand mediation in which we will then try to resolve the dispute with an impartial mediator. If our dispute is not resolved within 60 days after the mediation demand, either party may begin litigation Intel classifications are for general, educational and planning purposes only and consist of Export Control Classification Numbers (ECCN) and Harmonized Tariff Schedule (HTS) numbers. Any use made of Intel classifications are without recourse to Intel and shall not be construed as a representation or warranty regarding the proper ECCN or HTS. Your company as an importer and/or exporter is responsible for determining the correct classification of your transaction.
Term. This Agreement begins upon your acceptance of its terms and continues until terminated under Sections 3 or 10.2. NO WARRANTY. The Materials are provided “as is,” without any express or implied warranty of any kind including warranties of merchantability, non-infringement, title, or fitness for a particular purpose. The Materials may include pre-release software or algorithms and may not be fully functional. Intel is not required to maintain, update, or support the Materials. h) “Software” means certain software or other collateral, including, but not limited to, related components, application program interfaces, device drivers, associated media, printed or electronic documentation and any updates or releases thereto associated with Intel product(s), software or service(s). g) “Personal Information” means any information relating to an identified or identifiable natural person of which You are the Data Controller and in relation to which Intel is providing the Cloud Services. For purposes of this definition, an “identifiable person” is one who can be identified, directly or indirectly, by reference to an identification number or to one or more factors specific to their physical, physiological, mental, economic, cultural or social identity.Your Products” means products developed or to be developed by or for You that include an Intel Component executing the Materials. Entire Agreement. Except for any non-disclosure agreement between you and Intel, this Agreement constitutes the entire agreement, and supersedes all prior agreements, between Intel and You concerning its subject matter. THIRD PARTY BENEFICIARY. Intel is an intended beneficiary of the End User License Agreement and has the right to enforce all of its terms. Open Source Licenses. The Material may include software subject to an open source license, including Open Source Initiative approved licenses (http://www.opensource.org). Nothing in this Agreement limits or grants any rights under, or that supersede, the terms of any applicable open source license.
TERMINATION OF THIS LICENSE. Intel or the sublicensor may terminate this license at any time if Licensee is in breach of any of its terms or conditions. Upon termination, Licensee will immediately destroy or return to Intel all copies of the Software. Threatening Material or Content: The Cloud Services shall not be used to host, post, transmit, or retransmit any content or material that harasses, or threatens the health or safety of others. In addition, Intel reserves the right to decline to provide Cloud Services if the content is determined by Intel to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others. LICENSE TO USE COMMENTS AND SUGGESTIONS. This Agreement does NOT obligate You to provide Intel with comments or suggestions regarding the Software or Cloud Services. However, if You provide Intel with comments or suggestions for the modification, correction, improvement or enhancement of (a) the Software or Cloud Services or (b) Intel products or processes that work with the Software or Cloud Services, You grant to Intel a non-exclusive, worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, under Your intellectual property rights, to incorporate or otherwise utilize those comments and suggestions. d) The Software may contain the software and other intellectual property of third party suppliers, some of which may be identified in, and licensed in accordance with, an enclosed license.txt file or other text or file. CONFIDENTIALITY. This Agreement and the Materials are Intel confidential information and subject to Your valid corporate non-disclosure agreement with Intel (CNDA). Except as authorized in Section 2.1, you must not disclose this information to anyone, including the U.S. government. This Agreement will not become effective, or will automatically terminate, in the absence of a CNDA.Termination.Either party may terminate this Agreement, with 30 days written notice, at any time for any reason. This Agreement will automatically terminate upon (a) your breach of the Agreement, (b) a claim that you do not have authority to bind your employer to these terms, or (c) your assertion that any Intel Component, Material, or product based on any Intel Component or Material infringes your patents.
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