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a) Licensee may not disclose, distribute or transfer any part of the Software, and You agree to prevent unauthorized copying of the Software. 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. 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.
c. If the reason for the suspension under Section 7.a above is not cured in accordance with Section 7.b, then Intel may elect to terminate the Agreement for breach as described below. Restrictions. . Except as authorized above, you will not: (a) use or modify Material in any other way; (b) reverse engineer, decompile, or disassemble Material provided as object code (except as required by applicable law or under an applicable open source license), or (c) use Material to violate or aid in the violation of any international human right. NO OBLIGATION; NO AGENCY. Intel may make changes to the Software, or items referenced therein, at any time without notice. Intel is not obligated to support, update, provide training for, or develop any further version of the Software or to grant any license thereto. No agency, franchise, partnership, joint-venture, or employee-employer relationship is intended or created by this Agreement. iii. Intel reasonably believes that Cloud Services provided to You have been accessed or manipulated by a third party without Your consent or in violation of this Agreement; 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.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. 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,
If the driver won't install and you are using a supported operating system, try one or both of the following: INDEMNITY. You will indemnify, defend, and hold Intel harmless from any allegation against Intel arising in connection with your use of Material and you will pay all of Intel’s losses, liabilities, and costs (including reasonable attorneys’ fees) arising from the allegation. This SOFTWARE LICENSE AND CLOUD SERVICES AGREEMENT, including all appendices and exhibits (collectively, this “Agreement”) is entered into between Intel Corporation, a Delaware corporation (“Intel”) and You. If You intend to access the Cloud Services in addition to using the Software, the terms and conditions of Appendix B apply to Your access and use of the Cloud Services (as defined in Appendix B), in addition to the terms and conditions of this Agreement applicable to Your access and use of the Software. “You” refers to you or your employer or other entity for whose benefit you act, as applicable. If you are agreeing to the terms and conditions of this Agreement on behalf of a company or other 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" shall be in reference to such entity. Intel and You are referred to herein individually as a “Party” or, together, as the “Parties”. Your Products"means product developed or to be developed by or for you that includes an Intel Component implementing or executing Material.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. 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
INDEMNITY. You will indemnify, defend, and hold Intel harmless from any allegation against Intel arising in connection with Your use of the Materials and You will pay all of Intel’s losses, liabilities, and costs (including attorneys’ fees) arising from the allegation. 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). Compliance with Laws. The Materials are subject to export controls under applicable government laws and regulations, including in the U.S. You must comply with applicable laws and regulations, including U.S. and worldwide export regulations. You must not export, import, or transfer the Materials to any prohibited or sanctioned country, person, or entity. You must not use the Materials for the development, design, manufacture, or production of nuclear, missile, chemical, or biological weapons.
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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, APPLICABLE LAWS. 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 to this Agreement 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. Third-Party Software Your use of certain third-party software with or within the Material is subject to your compliance with licensing you obtain directly from that third-party. A listing of any such third-party software may accompany the Material.
OPEN SOURCE STATEMENT. The Software may include Open Source Software (OSS) licensed pursuant to OSS license agreement(s) identified in the OSS comments in the applicable source code file(s) or file header(s) provided with or otherwise associated with the Software. Neither You nor any OEM, ODM, customer, or distributor may subject any proprietary portion of the Software to any OSS license obligations including, without limitation, combining or distributing the Software with OSS in a manner that subjects Intel, the Software or any portion thereof to any OSS license obligation. Nothing in this Agreement limits any rights under, or grants rights that supersede, the terms of any applicable OSS license. Dispute Resolution. If we have a dispute regarding this Agreement (other than a dispute over misappropriation of trade secrets or breaches of confidentiality obligations), neither of us can file a lawsuit or other regulatory proceeding unless the complaining party provides the other party a detailed notice of the dispute and our senior managers attempt to resolve the dispute. If we can’t resolve the dispute in 30 days, either of us may demand mediation and will then try to resolve the dispute with an impartial mediator. If we don’t resolve the dispute within 60 days after the mediation demand, either of us may begin litigation. 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. Materials"means software, hardware description language code, or other computer files, information or collateral Intel delivers to you under this Agreement.
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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. ENTIRE AGREEMENT; SEVERABILITY. The terms and conditions of this Agreement and any NDA with Intel constitute the entire agreement between the parties with respect to the subject matter hereof, and merge and supersede all prior or contemporaneous agreements, understandings, negotiations and discussions. Neither Party will be bound by any terms, conditions, definitions, warranties, understandings, or representations with respect to the subject matter hereof other than as expressly provided herein. In the event any provision of this Agreement is unenforceable or invalid under any applicable law or applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole, instead such provision will be changed and interpreted so as to best accomplish the objectives of such provision within legal limits. 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.
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