1Section 2: Intel Firmware license 2-------------------------------------------------------------------------------- 3 TERMS AND CONDITIONS 4 IMPORTANT - PLEASE READ BEFORE INSTALLING OR USING THIS INTEL(C) SOFTWARE 5 6Do not use or load this firmware (the "Software") until you have carefully read 7the following terms and conditions. By loading or using the Software, you agree 8to the terms of this Agreement. If you do not wish to so agree, do not install 9or use the Software. 10 11LICENSEES: 12 13Please note: 14 15* If you are an End-User, only Exhibit A, the SOFTWARE LICENSE AGREEMENT, 16 applies. 17* If you are an Original Equipment Manufacturer (OEM), Independent Hardware 18 Vendor (IHV), or Independent Software Vendor (ISV), this complete Agreement 19 applies 20 21-------------------------------------------------------------------------------- 22 23For OEMs, IHVs, and ISVs: 24 25LICENSE. This Software is licensed for use only in conjunction with Intel 26component products. Use of the Software in conjunction with non-Intel component 27products is not licensed hereunder. Subject to the terms of this Agreement, 28Intel grants to you a nonexclusive, nontransferable, worldwide, fully paid-up 29license under Intel's copyrights to: (i) copy the Software internally for your 30own development and maintenance purposes; (ii) copy and distribute the Software 31to your end-users, but only under a license agreement with terms at least as 32restrictive as those contained in Intel's Final, Single User License Agreement, 33attached as Exhibit A; and (iii) modify, copy and distribute the end-user 34documentation which may accompany the Software, but only in association with 35the Software. 36 37If you are not the final manufacturer or vendor of a computer system or software 38program incorporating the Software, then you may transfer a copy of the 39Software, including any related documentation (modified or unmodified) to your 40recipient for use in accordance with the terms of this Agreement, provided such 41recipient agrees to be fully bound by the terms hereof. You shall not otherwise 42assign, sublicense, lease, or in any other way transfer or disclose Software to 43any third party. You may not, nor may you assist any other person or entity to 44modify, translate, convert to another programming language, decompile, reverse 45engineer, or disassemble any portion of the Software or otherwise attempt to 46derive source code from any object code modules of the Software or any internal 47data files generated by the Software. Your rights to redistribute the Software 48shall be contingent upon your installation of this Agreement in its entirety in 49the same directory as the Software. 50 51CONTRACTORS. For the purpose of this Agreement, and notwithstanding anything 52to the contrary hereunder, solely with respect to the requirements for 53compliance with the terms hereunder, any contractors or consultants that You 54use to perform the work or otherwise assist You in the development or products 55using this Software shall be deemed to be End Users and accordingly, upon 56receipt of the Software, shall be bound by the terms of Exhibit A, Software 57License Agreement. No additional agreement between You and such consultants or 58contractors is required under this Agreement to detail such compliance. 59 60TRADEMARKS. Except as expressly provided herein, you shall not use Intel's 61name in any publications, advertisements, or other announcements without 62Intel's prior written consent. You do not have any rights to use any Intel 63trademarks or logos. 64 65OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Software and accompanying materials, if 66any, are owned by Intel or its suppliers and licensors and may be protected by 67copyright, trademark, patent and trade secret law and international treaties. 68Any rights, express or implied, in the intellectual property embodied in the 69foregoing, other than those specified in this Agreement, are reserved by Intel 70and its suppliers and licensors or otherwise as set forth in any applicable 71open source license agreement. You will keep the Software free of liens, 72attachments, and other encumbrances. You agree not to remove any proprietary 73notices and/or any labels from the Software and accompanying materials without 74prior written approval by Intel 75 76LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS AND LICENSORS 77BE LIABLE FOR ANY DAMAGES WHATSOEVER FROM ANY CAUSE OF ACTION OF ANY KIND 78(INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST 79INFORMATION) ARISING OUT OF THE USE, MODIFICATION, OR INABILITY TO USE THE 80INTEL SOFTWARE, OR OTHERWISE, NOR FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR 81SPECIAL DAMAGES OF ANY KIND, EVEN IF INTEL OR ITS SUPPLIERS AND LICENSORS HAS 82BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT 83EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES, CONSEQUENTIAL OR 84INCIDENTAL DAMAGES, SO CERTAIN LIMITATIONS MAY NOT APPLY. YOU MAY ALSO HAVE 85OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. 86 87EXCLUSION OF WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" AND POSSIBLY WITH 88FAULTS. UNLESS EXPRESSLY AGREED OTHERWISE, INTEL AND ITS SUPPLIERS AND 89LICENSORS DISCLAIM ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED OR 90OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, 91NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Intel does not warrant 92or assume responsibility for the accuracy or completeness of any information, 93text, graphics, links or other items contained within the Software. You assume 94all liability, financial or otherwise, associated with Your use or disposition 95of the Software. 96 97APPLICABLE LAW. Claims arising under this Agreement shall be governed by the 98laws of State of California], excluding its principles of conflict of laws and 99the United Nations Convention on Contracts for the Sale of Goods. 100 101WAIVER AND AMENDMENT. No modification, amendment or waiver of any provision of 102this Agreement shall be effective unless in writing and signed by an officer of 103Intel. No failure or delay in exercising any right, power, or remedy under 104this Agreement shall operate as a waiver of any such right, power or remedy. 105Without limiting the foregoing, terms and conditions on any purchase orders or 106similar materials submitted by you to Intel, and any terms contained in Intel’s 107standard acknowledgment form that are in conflict with these terms, shall be of 108no force or effect. 109 110SEVERABILITY. If any provision of this Agreement is held by a court of 111competent jurisdiction to be contrary to law, such provision shall be changed 112and interpreted so as to best accomplish the objectives of the original 113provision to the fullest extent allowed by law and the remaining provisions of 114this Agreement shall remain in full force and effect. 115 116EXPORT RESTRICTIONS. Each party acknowledges that the Software is subject to 117applicable import and export regulations of the United States and of the 118countries in which each party transacts business, specifically including U.S. 119Export Administration Act and Export Administration Regulations. Each party 120shall comply with such laws and regulations, as well as all other laws and 121regulations applicable to the Software. Without limiting the generality of the 122foregoing, each party agrees that it will not export, re-export, transfer or 123divert any of the Software or the direct programs thereof to any restricted 124place or party in accordance with U.S. export regulations. Note that Software 125containing encryption may be subject to additional restrictions. 126 127GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS." 128Use, duplication, or disclosure by the Government is subject to restrictions as 129set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or their successors. Use 130of the Software by the Government constitutes acknowledgment of Intel's 131proprietary rights therein. Contractor or Manufacturer is Intel Corporation, 1322200 Mission College Blvd., Santa Clara, CA 95052. 133 134TERMINATION OF THE AGREEMENT. Intel may terminate this Agreement if you violate 135its terms. Upon termination, you will immediately destroy the Software or 136return all copies of the Software to Intel. 137 138-------------------------------------------------------------------------------- 139 140EXHIBIT "A" 141 142SOFTWARE LICENSE AGREEMENT (Final, Single User) 143 144IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING. 145 146Do not use or load this firmware image (the "Software") until you have carefully 147read the following terms and conditions. By loading or using the Software, you 148agree to the terms of this Agreement. If you do not wish to so agree, do not 149install or use the Software. 150 151LICENSE. You may copy and use the Software, subject to these conditions: 1521. This Software is licensed for use only in conjunction with Intel component 153 products. Use of the Software in conjunction with non-Intel component 154 products is not licensed hereunder. 1552. You may not copy, modify, rent, sell, distribute or transfer any part of the 156 Software except as provided in this Agreement, and you agree to prevent 157 unauthorized copying of the Software. 1583. You may not reverse engineer, decompile, or disassemble the Software. 1594. You may not sublicense the Software. 1605. The Software may contain the software or other property of third party 161 suppliers. 162 163OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software 164remains with Intel or its suppliers. The Software is copyrighted and protected 165by the laws of the United States and other countries, and international treaty 166provisions. You may not remove any copyright notices from the Software. Intel 167may make changes to the Software, or items referenced therein, at any time 168without notice, but is not obligated to support or update the Software. Except 169as otherwise expressly provided, Intel grants no express or implied right under 170Intel patents, copyrights, trademarks, or other intellectual property rights. 171You may transfer the Software only if a copy of this license accompanies the 172Software and the recipient agrees to be fully bound by these terms. 173 174EXCLUSION OF OTHER WARRANTIES EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED 175"AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING 176WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR 177PURPOSE. Intel does not warrant or assume responsibility for the accuracy or 178completeness of any information, text, graphics, links or other items contained 179within the Software. 180 181LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE FOR 182ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS 183INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO 184USE THE SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 185DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR 186IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE 187LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY 188BETWEEN JURISDICTIONS. 189 190TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement at any time if 191you violate its terms. Upon termination, you will immediately destroy the 192Software. 193 194APPLICABLE LAWS. Claims arising under this Agreement shall be governed by the 195laws of California, excluding its principles of conflict of laws and the United 196Nations Convention on Contracts for the Sale of Goods. You may not export the 197Software in violation of applicable export laws and regulations. Intel is not 198obligated under any other agreements unless they are in writing and signed by 199an authorized representative 200of Intel. 201 202GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS." 203Use, duplication, or disclosure by the Government is subject to restrictions as 204set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or their successors. Use 205of the Software by the Government constitutes acknowledgment of Intel's 206proprietary rights therein. Contractor or Manufacturer is Intel Corporation, 2072200 Mission College Blvd., Santa Clara, CA 95052. 208