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+Intel End User License Agreement for Developer Tools (Version October 2021)
+
+IMPORTANT NOTICE - PLEASE READ AND AGREE BEFORE DOWNLOADING, INSTALLING, COPYING
+OR USING
+
+This Agreement is between you, or the company or other legal entity that you
+represent and warrant you have the legal authority to bind, (each, "You" or
+"Your") and Intel Corporation and its subsidiaries (collectively, "Intel")
+regarding Your use of the Materials. By downloading, installing, copying or
+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, or do not have legal authority
+or required age to agree to them, do not download, install, copy or use the
+Materials.
+
+1. LICENSE DEFINITIONS.
+
+ A. "Cloud Provider" means a third party service provider offering a cloud-based
+ platform, infrastructure, application or storage services, such as Microsoft
+ Azure or Amazon Web Services, which You may only utilize to host the
+ Materials subject to the restrictions set forth in Section 2.3 B.
+
+ B. "Derivative Work" means a derivative work, as defined in 17 U.S.C. 101, of
+ the Source Code.
+
+ C. "Executable Code" means computer programming code in binary form suitable
+ for machine execution by a processor without the intervening steps of
+ interpretation or compilation.
+
+ D. "Materials" mean the software, documentation, the software product serial
+ number, and other collateral, including any updates, made available to You
+ by Intel under this Agreement. Materials include Redistributables,
+ Executable Code, Source Code, Sample Source Code, and Pre-Release Materials,
+ but do not include Third Party Software.
+
+ E. "Pre-Release Materials" mean the Materials, or portions of the Materials,
+ that are identified (in the product release notes, on Intel's download
+ website for the Materials or elsewhere) or labeled as pre-release,
+ prototype, alpha or beta code and, as such, are deemed to be pre-release
+ code (i) which may not be fully functional or tested and may contain bugs or
+ errors; (ii) which Intel may substantially modify in its development of a
+ production version; or (iii) for which Intel makes no assurances that it
+ will ever develop or make a production version generally available.
+ Pre-Release Materials are subject to the terms of Section 3.2.
+
+ F. "Reciprocal Open Source Software" means any software that is subject to a
+ license which requires that (i) it must be distributed in source code form;
+ (ii) it must be licensed under the same open source license terms; and (iii)
+ its derivative works must be licensed under the same open source license
+ terms. Examples of this type of license are the GNU General Public License
+ or the Mozilla Public License.
+
+ G. "Redistributables" mean the files (if any) listed in the "redist.txt,"
+ "redist-rt.txt" or similarly-named text files that may be included in the
+ Materials. Redistributables include Sample Source Code.
+
+ H. "Sample Source Code" means those portions of the Materials that are Source
+ Code and are identified as sample code. Sample Source Code may not have been
+ tested or validated by Intel and is provided purely as a programming example.
+
+ I. "Source Code" means the software portion of the Materials provided in human
+ readable format.
+
+ J. "Third Party Software" mean the files (if any) listed in the
+ "third-party-software.txt" or other similarly-named text file that may be
+ included in the Materials for the applicable software. Third Party Software
+ is subject to the terms of Section 2.2.
+
+ K. "Your Product" means one or more applications, products or projects
+ developed by or for You using the Materials.
+
+2. LICENSE GRANTS.
+
+2.1 License to the Materials. Subject to the terms and conditions of this
+ Agreement, Intel grants You a non-exclusive, worldwide, non-assignable,
+ non-sublicensable, limited right and license under its copyrights, to:
+
+ A. reproduce internally a reasonable number of copies of the Materials for Your
+ personal or business use;
+
+ B. use the Materials solely for Your personal or business use to develop Your
+ Product, in accordance with the documentation included as part of the
+ Materials;
+
+ C. modify or create Derivative Works only of the Redistributables, or any
+ portions, that are provided to You in Source Code;
+
+ D. distribute (directly and through Your distributors, resellers, and other
+ channel partners, if applicable), the Redistributables, including any
+ modifications to or Derivative Works of the Redistributables or any portions
+ made pursuant to Section 2.1.C subject to the following conditions:
+
+ (1) Any distribution of the Redistributables must only be as part of Your
+ Product which must add significant primary functionality different than
+ that of the Redistributables themselves;
+
+ (2) You must only distribute the Redistributables originally provided to You
+ by Intel only in Executable Code subject to a license agreement that
+ prohibits reverse engineering, decompiling or disassembling the
+ Redistributables;
+
+ (3) This distribution right includes a limited right to sublicense only the
+ Intel copyrights in the Redistributables and only to the extent necessary
+ to perform, display, and distribute the Redistributables (including Your
+ modifications and Derivative Works of the Redistributables provided in
+ Source Code) solely as incorporated in Your Product; and
+
+ (4) You: (i) will be solely responsible to Your customers for any update,
+ support obligation or other obligation or liability which may arise from
+ the distribution of Your Product, (ii) will not make any statement that
+ Your Product is "certified" or that its performance is guaranteed by Intel
+ or its suppliers, (iii) will not use Intel's or its suppliers' names or
+ trademarks to market Your Product, (iv) will comply with any additional
+ restrictions which are included in the text files with the
+ Redistributables and in Section 3 below, (v) will indemnify, hold
+ harmless, and defend Intel and its suppliers from and against any claims
+ or lawsuits, costs, damages, and expenses, including attorney's fees, that
+ arise or result from (a) Your modifications or Derivative Works of the
+ Materials or (b) Your distribution of Your Product.
+
+2.2 Third Party Software. Third Party Software, even if included with the
+ distribution of the Materials, may be governed by separate license terms,
+ including without limitation, third party license terms, open source
+ software notices and terms, and/or other Intel software license terms. These
+ separate license terms solely govern Your use of the Third Party Software.
+
+2.3 Third Party Use.
+
+ A. If You are an entity, Your contractors may use the Materials under the
+ license specified in Section 2, provided: (i) their use of the Materials is
+ solely on behalf of and in support of Your business, (ii) they agree to the
+ terms and conditions of this Agreement, and (iii) You are solely responsible
+ for their use, misuse or disclosure of the Materials.
+
+ B. You may utilize a Cloud Provider to host the Materials for You, provided:
+ (i) the Cloud Provider may only host the Materials for Your exclusive use
+ and may not use the Materials for any other purpose whatsoever, including the
+ restriction set forth in Section 3.1(xi); (ii) the Cloud Provider's use of
+ the Materials must be solely on behalf of and in support of Your Product, and
+ (iii) You will indemnify, hold harmless, and defend Intel and its suppliers
+ from and against any claims or lawsuits, costs, damages, and expenses,
+ including attorney's fees, that arise or result from Your Cloud Provider's
+ use, misuse or disclosure of the Materials.
+
+3. LICENSE CONDITIONS.
+
+3.1 Restrictions. Except as expressly provided in this Agreement, You may NOT:
+ (i) use, reproduce, disclose, distribute, or publicly display the
+ Materials; (ii) share, publish, rent or lease the Materials to any third
+ party; (iii) assign this Agreement or transfer the Materials; (iv) modify,
+ adapt, or translate the Materials in whole or in part; (v) reverse engineer,
+ decompile, or disassemble the Materials, or otherwise attempt to derive the
+ source code for the software; (vi) work around any technical limitations in
+ the Materials; (vii) distribute, sublicense or transfer any Source Code,
+ modifications or Derivative Works of any Source Code to any third party;
+ (viii) remove, minimize, block or modify any notices of Intel or its
+ suppliers in the Materials; (ix) include the Redistributables in malicious,
+ deceptive, or unlawful programs or products or use the Materials in any way
+ that is against the law; (x) modify, create a Derivative Work, link, or
+ distribute the Materials so that any part of it becomes Reciprocal Open
+ Source Software; (xi) use the Materials directly or indirectly for SaaS
+ services or service bureau purposes (i.e., a service that allows use of or
+ access to the Materials by a third party as part of that service, such as
+ the salesforce.com service business model).
+
+3.2 Pre-Release Materials. If You receive Pre-Release Materials, You may
+ reproduce a reasonable number of copies and use the Pre-Release Materials
+ for evaluation and testing purposes only. You may not (i) modify or
+ incorporate the Pre-Release Materials into Your Product; (ii) continue to
+ use the Pre-Release Materials once a commercial version is released; or
+ (iii) disclose to any third party any benchmarks, performance results, or
+ other information relating to the Pre-Release Materials. Intel may waive
+ these restrictions in writing at its sole discretion; however, if You decide
+ to use the Pre-Release Materials in Your Product (even with Intel's waiver),
+ You acknowledge and agree that You are fully responsible for any and all
+ issues that result from such use.
+
+3.3 Safety-Critical, and Life-Saving Applications; Indemnity. The Materials may
+ provide information relevant to safety-critical applications
+ ("Safety-Critical Applications") to allow compliance with functional safety
+ standards or requirements. You acknowledge and agree that safety is Your
+ responsibility. To the extent You use the Materials to create, or as part
+ of, products used in Safety-Critical Applications, it is Your responsibility
+ to design, manage, and ensure that there are system-level safeguards to
+ anticipate, monitor, and control system failures, and You agree that You are
+ solely responsible for all applicable regulatory standards and
+ safety-related requirements concerning Your use of the Materials in Safety
+ Critical Applications.
+
+ Should You use the Materials for Safety-Critical Applications or in any type
+ of a system or application in which the failure of the Materials could
+ create a situation where personal injury or death may occur (e.g., medical
+ systems, life-sustaining or life-saving systems) ("Life-Saving
+ Applications"), You agree to indemnify, defend, and hold Intel and its
+ representatives harmless against any claims or lawsuits, costs, damages, and
+ expenses, including reasonable attorney fees, arising in any way out of Your
+ use of the Materials in Safety-Critical Applications or Life-Saving
+ Applications and claims of product liability, personal injury or death
+ associated with those applications; even if such claims allege that Intel
+ was negligent or strictly liable regarding the design or manufacture of the
+ Materials or its failure to warn regarding the Materials.
+
+3.4 Media Format Codecs and Digital Rights Management. You acknowledge and agree
+ that Your use of the Materials or distribution of the Redistributables with
+ Your Product as permitted by this Agreement may require You to procure
+ license(s) from third parties that may hold intellectual property rights
+ applicable to any media decoding, encoding or transcoding technology (e.g.,
+ the use of an audio or video codec) and/or digital rights management
+ capabilities of the Materials, if any. Should any such additional licenses
+ be required, You are solely responsible for obtaining any such licenses and
+ agree to obtain any such licenses at Your own expense.
+
+4. DATA COLLECTION AND PRIVACY.
+
+4.1 Data Collection. The Materials may generate and collect anonymous data
+ and/or provisioning data about the Materials and/or the development
+ environment and transmit the data to Intel as a one-time event during
+ installation. Optional data may also be collected by the Materials, however,
+ You will be provided notice of the request to collect optional data and no
+ optional data will be collected without Your consent. All data collection by
+ Intel is performed pursuant to relevant privacy laws, including notice and
+ consent requirements.
+
+4.2 Intel's Privacy Notice. Intel is committed to respecting Your privacy. To
+ learn more about Intel's privacy practices, please visit
+ http://www.intel.com/privacy.
+
+5. OWNERSHIP. Title to the Materials and all copies remain with Intel or its
+ suppliers. The Materials are protected by intellectual property rights,
+ including without limitation, United States copyright laws and international
+ treaty provisions. You will not remove any copyright or other proprietary
+ notices from the Materials. Except as expressly provided herein, no license
+ or right is granted to You directly or by implication, inducement, estoppel
+ or otherwise; specifically, Intel does not grant any express or implied right
+ to You under Intel patents, copyrights, trademarks, or trade secrets.
+
+6. NO WARRANTY AND NO SUPPORT.
+
+6.1 No Warranty. 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 liability.
+
+6.2 No Support; Priority Support. 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 under the terms of
+ this Agreement. Intel offers free community and paid priority support
+ options. More information on these support options can be found at:
+ https://software.intel.com/content/www/us/en/develop/support/priority-support.html.
+
+7. LIMITATION OF LIABILITY.
+
+7.1 Intel will not be liable for any of the following losses or damages (whether
+ such losses or damages were foreseen, foreseeable, known or otherwise): (i)
+ loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of
+ the use of money; (iv) loss of anticipated savings; (v) loss of business;
+ (vi) loss of opportunity; (vii) loss of goodwill; (viii) loss of use of the
+ Materials; (ix) loss of reputation; (x) loss of, damage to, or corruption of
+ data; or (xi) any indirect, incidental, special or consequential loss of
+ damage however caused (including loss or damage of the type specified in
+ this Section 7).
+
+7.2 Intel's total cumulative liability to You, including for direct damages for
+ claims relating to this Agreement, and whether for breach of contract,
+ negligence, or for any other reason, will not exceed $100.
+
+7.3 You acknowledge that the limitations of liability provided in this Section 7
+ are an essential part of this Agreement. You agree that the limitations of
+ liability provided in this Agreement with respect to Intel will be conveyed
+ to and made binding upon any customer of Yours that acquires the
+ Redistributables.
+
+8. USER SUBMISSIONS. Should you provide Intel with comments, modifications,
+ corrections, enhancements or other input ("Feedback") related to the
+ Materials, Intel will be free to use, disclose, reproduce, license or
+ otherwise distribute or exploit the Feedback in its sole discretion without
+ any obligations or restrictions of any kind, including without limitation,
+ intellectual property rights or licensing obligations. If You wish to provide
+ Intel with information that You intend to be treated as confidential
+ information, Intel requires that such confidential information be provided
+ pursuant to a non-disclosure agreement ("NDA"); please contact Your Intel
+ representative to ensure the proper NDA is in place.
+
+9. NON-DISCLOSURE. Information provided by Intel to You may include information
+ marked as confidential. You must treat such information as confidential under
+ the terms of the applicable NDA between Intel and You. If You have not
+ entered into an NDA with Intel, You must not disclose, distribute or make use
+ of any information marked as confidential, except as expressly authorized in
+ writing by Intel. Intel retains all rights in and to its confidential
+ information specifications, designs, engineering details, discoveries,
+ inventions, patents, copyrights, trademarks, trade secrets, and other
+ proprietary rights relating to the Materials. Any breach by You of the
+ confidentiality obligations provided for in this Section 9 will cause
+ irreparable injury to Intel for which money damages may be inadequate to
+ compensate Intel for losses arising from such a breach. Intel may obtain
+ equitable relief, including injunctive relief, if You breach or threaten to
+ breach Your confidentiality obligations.
+
+10. TERM AND TERMINATION. This Agreement becomes effective on the date You
+ accept this Agreement and will continue until terminated as provided for in
+ this Agreement. The term for any Pre-Release Materials terminates upon
+ release of a commercial version. This Agreement will terminate if You are in
+ breach of any of its terms and conditions. Upon termination, You will
+ promptly destroy the Materials and all copies. In the event of termination of
+ this Agreement, Your license to any 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. Sections 1, 2.1.D(4)(v), 2.2, 2.3.A(iii), 2.3.B(iii), 3.3, 5, 6,
+ 7, 8, 9, 10 (with respect to these survival provisions in the last sentence),
+ and 12 will survive expiration or termination of this Agreement.
+
+11. 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 of this Agreement.
+
+12. GENERAL PROVISIONS.
+
+12.1 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. Each party acknowledges and
+ agrees that in entering into this Agreement it has not relied on, and will
+ not be entitled to rely on, any oral or written representations,
+ warranties, conditions, understanding, or communications between the
+ parties that are not expressly set forth in this Agreement. The express
+ provisions of this Agreement control over any course of performance, course
+ of dealing, or usage of the trade inconsistent with any of the provisions
+ of this Agreement. The provisions of this Agreement will prevail
+ notwithstanding any different, conflicting, or additional provisions that
+ may appear on any purchase order, acknowledgement, invoice, or other
+ writing issued by either party in connection with this Agreement. 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 by its title and version (e.g., "Intel
+ End User License Agreement for Developer Tools (Version October 2021)");
+ except that Intel may make changes to this Agreement as it distributes new
+ versions of the Materials. When changes are made, Intel will make a new
+ version of the Agreement available on its website. If You received a copy
+ of this Agreement translated into another language, the English language
+ version of this Agreement will prevail in the event of any conflict between
+ versions.
+
+12.2 EXPORT. You acknowledge that the Materials and all related technical
+ information are subject to export controls and you agree to comply with all
+ laws and regulations of the United States and other applicable governments
+ governing export, re-export, import, transfer, distribution, and use of the
+ Materials. In particular, but without limitation, the Materials may not be
+ exported or re-exported (i) into any U.S. embargoed countries or (ii) to
+ any person or entity listed on a denial order published by the U.S.
+ government or any other applicable governments. By using the Materials, You
+ represent and warrant that You are not located in any such country or on
+ any such list. You also agree that You will not use the Materials for, or
+ sell or transfer them to a third party who is known or suspected to be
+ involved in, any purposes prohibited by the U.S. government or other
+ applicable governments, including, without limitation, the development,
+ design, manufacture, or production of nuclear, missile, chemical or
+ biological weapons.
+
+12.3 GOVERNING LAW, JURISDICTION, AND VENUE. 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.
+
+12.4 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.