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LICENSE
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Code Samples License Agreement (Version December 2015)
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING. Do not copy, install or
use the Materials (as defined below) provided under this license agreement
("Agreement") from Intel Corporation ("Intel"), until you ("You") have carefully
read the following terms and conditions. By copying, installing or otherwise
using the Materials, You agree to be bound by the terms of this Agreement. If
You do not agree to the terms of this Agreement, do not copy, install or use the
Materials.
If You are agreeing to the terms and conditions of this Agreement on behalf of a
company or other legal entity ("Legal Entity"), You represent and warrant that
You have the legal authority to bind that Legal Entity to the Agreement, in
which case, "You" or "Your" will mean such Legal Entity.
By agreeing to this Agreement, You affirm that You are of legal age (18 years
old or older) to enter into this Agreement. If You are not of legal age You may
not enter into this Agreement, and either Your parent, legal guardian or Legal
Entity must agree to the terms and conditions of this Agreement and enter into
this Agreement, in which case, "You" or "Your" will mean such parent, legal
guardian, or Legal Entity.
Third Party Programs (as defined below), even if included with the distribution
of the Materials, are governed by separate third party license terms, including
without limitation, open source software license terms. Such third party license
terms (and not this Agreement) govern Your use of the Third Party Programs, and
Intel is not liable for the Third Party Programs.
1. LICENSE DEFINITIONS:
"Licensed Patent Claims" means the claims of Intel's patents that are
necessarily and directly infringed by the reproduction and distribution of the
Materials that is authorized in Section 2 below, when the Materials are in its
unmodified form as delivered by Intel to You and not modified or combined with
anything else. Licensed Patent Claims are only those claims that Intel can
license without paying, or getting the consent of, a third party.
"Materials" means Sample Source Code, Redistributables, and End-User
Documentation but do not include Third Party Programs.
"Sample Source Code" means Source Code files that are identified as sample code
and which may include example interface or application source code, and any
updates, provided under this Agreement.
"Source Code" is defined as the software (and not documentation or text) portion
of the Materials provided in human readable format, and includes modifications
that You make or are made on Your behalf as expressly permitted under the terms
of this Agreement.
"Redistributables" means header, library, and dynamically linkable library
files, and any updates, provided under this Agreement.
"Third Party Programs" (if any) are the third party software files that may be
included with the Materials for the applicable software that include a separate
third party license agreement in an attached text file.
"End-User Documentation" means textual materials intended for end users relating
to the Materials.
2. LICENSE GRANT:
Subject to the terms and conditions of this Agreement, Intel grants You a
non-exclusive, worldwide, non-assignable, royalty-free limited right and
license:
A. under its copyrights, to:
1) Copy, modify, and compile the Sample Source Code and distribute it solely
in Your products in executable and source code form;
2) Copy and distribute the Redistributables solely with Your products;
3) Copy, modify, and distribute the End User Documentation solely with Your
products.
B. Under its patents, to:
1) make copies of the Materials internally only;
2) use the Materials internally only; and 3) offer to distribute, and
distribute, but not sell, the Materials only as part of or with Your
products, under Intel's copyright license granted in Section 2(A) but only
under the terms of that copyright license and not as a sale (but this
right does not include the right to sub-license);
4) provided, further, that the license under the Licensed Patent Claims does
not and will not apply to any modifications to, or derivative works of,
the Materials, whether made by You, Your end user (which, for all purposes
under this Agreement, will mean either an end user, a customer, reseller,
distributor or other channel partner), or any third party even if the
modification and creation of derivative works are permitted under 2(A).
3. LICENSE RESTRICTIONS:
Except as expressly provided in this Agreement, You may not:
i. use, copy, distribute or publicly display the Materials;
ii. reverse-assemble, reverse-compile, or otherwise reverse-engineer any
software provided solely in binary form,
iii. rent or lease the Materials to any third party;
iv. assign this Agreement or display the Materials;
v. assign this Agreement or transfer the Materials;
vi. modify, adapt or translate the Materials in whole or in part;
vii. distribute, sublicense or transfer the source code form of the Materials
or derivatives thereof to any third party;
viii. distribute the Materials except as part of Your products;
ix. include the Materials in malicious, deceptive, or unlawful programs or
products;
x. modify, create a derivative work, link or distribute the Materials so that
any part of it becomes subject to an Excluded License.
Upon Intel's release of an update, upgrade, or new version of the Materials, you
will make reasonable efforts to discontinue distribution of the enclosed
Materials and you will make reasonable efforts to distribute such updates,
upgrades, or new versions to your customers who have received the Materials
herein.
Distribution of the Materials is also subject to the following limitations.
You:
i. will be solely responsible to your customers for any update or support
obligation or other liability which may arise from the distribution;
ii. will not make any statement that your product is "certified", or that its
performance is guaranteed, by Intel;
iii. will not use Intel's name or trademarks to market your product without
written permission;
iv. will prohibit disassembly and reverse engineering of the Materials
provided in executable form;
v. will not publish reviews of Materials without written permission by Intel,
and
vi. will 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.
4. OWNERSHIP:
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 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.
5. NO WARRANTY AND NO SUPPORT:
Disclaimer. Intel disclaims all warranties of any kind and the terms and
remedies provided in this Agreement are instead of any other warranty or
condition, express, implied or statutory, including those regarding
merchantability, fitness for any particular purpose, non-infringement or any
warranty arising out of any course of dealing, usage of trade, proposal,
specification or sample. Intel does not assume (and does not authorize any
person to assume on its behalf) any other liability.
Intel may make changes to the Materials, or to items referenced therein, at any
time without notice, but is not obligated to support, update or provide training
for the Materials. Intel may in its sole discretion offer such support, update
or training services under separate terms at Intel's then-current rates. You
may request additional information on Intel's service offerings from an Intel
sales representative.
6. USER SUBMISSIONS:
You agree that any material, information, or other communication, including all
data, images, sounds, text, and other things embodied therein, you transmit or
post to an Intel website will be considered non-confidential ("Communications").
Intel will have no confidentiality obligations with respect to the
Communications. You agree that Intel and its designees will be free to copy,
modify, create derivative works, publicly display, disclose, distribute, license
and sublicense through multiple tiers of distribution and licensees,
incorporate, and otherwise use the Communications, including derivative works
thereto, for any and all commercial or non-commercial purposes.
7.LIMITATION OF LIABILITY:
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 Materials, 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.
8. TERM AND TERMINATION:
This Agreement commences upon Your copying, installing or using the Materials
and continues until terminated. Either You or Intel may terminate this
Agreement at any time upon 30 days prior written notice to the other party.
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. After termination, the license grant to any Materials or
Redistributables distributed by You in accordance with the terms and conditions
of this Agreement, prior to the effective date of such termination, will survive
any such termination of this Agreement.
9. U.S. GOVERNMENT RESTRICTED RIGHTS:
The technical data and computer software covered by this license is a
"Commercial Item", as such term is defined by the FAR 2.101 (48 C.F.R. 2.101)
and is "commercial computer software" and "commercial computer software
documentation" as specified under FAR 12.212 (48 C.F.R. 12.212) or DFARS
227.7202 (48 C.F.R. 227.7202), as applicable. This commercial computer software
and related documentation is provided to end users for use by and on behalf of
the U.S. Government, with only those rights as are granted to all other end
users pursuant to the terms and conditions herein. Use for or on behalf of the
U.S. Government is permitted only if the party acquiring or using this software
is properly authorized by an appropriate U.S. Government official. This use by
or for the U.S. Government clause is in lieu of, and supersedes, any other FAR,
DFARS, or other provision that addresses Government rights in the computer
software or documentation covered by this license. All copyright licenses
granted to the U.S. Government are coextensive with the technical data and
computer software licenses granted herein. The U.S. Government will only have
the right to reproduce, distribute, perform, display, and prepare derivative
works as needed to implement those rights.
10. APPLICABLE LAWS:
All disputes arising out of or related to this Agreement, whether based on
contract, tort, or any other legal or equitable theory, will in all respects be
governed by, and construed and interpreted under, the laws of the United States
of America and the State of Delaware, without reference to conflict of laws
principles. The parties agree that the United Nations Convention on Contracts
for the International Sale of Goods (1980) is specifically excluded from and
will not apply to this Agreement. All disputes arising out of or related to this
Agreement, whether based on contract, tort, or any other legal or equitable
theory, will be subject to the exclusive jurisdiction of the courts of the State
of Delaware or of the Federal courts sitting in that State. Each party submits
to the personal jurisdiction of those courts and waives all objections to that
jurisdiction and venue for those disputes.
10. SEVERABILITY:
The parties intend that if a court holds that any provision or part of this
Agreement is invalid or unenforceable under applicable law, the court will
modify the provision to the minimum extent necessary to make it valid and
enforceable, or if it cannot be made valid and enforceable, the parties intend
that the court will sever and delete the provision or part from this Agreement.
Any change to or deletion of a provision or part of this Agreement under this
Section will not affect the validity or enforceability of the remainder of this
Agreement, which will continue in full force and effect.
11. EXPORT:
You must comply with all laws and regulations of the United States and other
countries governing the export, re-export, import, transfer, distribution, use,
and servicing of Software. In particular, You must not: (a) sell or transfer
Software to a country subject to sanctions, or to any entity listed on a denial
order published by the United States government or any other relevant
government; or (b) use, sell, or transfer Software for the development, design,
manufacture, or production of nuclear, missile, chemical or biological weapons,
or for any other purpose prohibited by the United States government or other
applicable government; without first obtaining all authorizations required by
all applicable laws. For more details on Your export obligations, please visit
http://www.intel.com/content/www/us/en/legal/export-compliance.html?wapkw=export.
12. ENTIRE AGREEMENT:
This Agreement contains the complete and exclusive agreement and understanding
between the parties concerning the subject matter of this Agreement, and
supersedes all prior and contemporaneous proposals, agreements, understanding,
negotiations, representations, warranties, conditions, and communications, oral
or written, between the parties relating to the same subject matter. No
modification or amendment to this Agreement will be effective unless in writing
and signed by authorized representatives of each party, and must specifically
identify this Agreement.