Intel-SDP
Note: There are multiple End User License Agreements in this document. Please read to the end:
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
Do not copy, install, distribute, publicly display, or use the Materials (as
defined below) provided under this license agreement ("Agreement") until you
("You" or "Your") have carefully read and agreed to the following terms and
conditions.
This Agreement forms a legally binding contract between You and Intel
Corporation ("Intel") regarding Your use of the Materials. By copying,
installing, distributing, publicly displaying, 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, distribute, publicly display,
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, 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 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.
End User License Agreement for the Intel(R) Software Development Products
(Version May 2018)
IMPORTANT INFORMATION ABOUT YOUR RIGHTS, OBLIGATIONS AND THE USE OF YOUR DATA -
PLEASE READ AND AGREE BEFORE COPYING, INSTALLING OR USING
This Agreement forms a legally binding contract between you, or the company or
other legal entity ("Legal Entity") for which you represent and warrant that you
have the legal authority to bind that Legal Entity, (each, "You" or "Your") and
Intel Corporation and its subsidiaries (collectively "Intel") regarding Your use
of the Materials. By copying, installing, distributing, publicly displaying, 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, distribute, publicly display, or use the Materials. You affirm that You
are 18 years old or older or, if not, Your parent, legal guardian or Legal
Entity must agree and enter into this Agreement.
1. LICENSE DEFINITIONS.
A. "Confidential Information" means all Materials (as defined below),
including any portions thereof, that are identified (in the product release
notes, on Intel's download website for the Materials or elsewhere) or
labeled as Intel confidential information or a similar legend.
B. "Excluded License" means a license that requires, as a condition of use,
modification, or distribution, that the licensed software or other software
incorporated into, derived from or distributed with such software (a) be
disclosed or distributed in Source Code form; (b) be licensed by the user to
third parties for the purpose of making and/or distributing derivative
works; or (c) be redistributable at no charge. Excluded Licenses include,
without limitation, licenses that license or distribute software under any
of the following licenses or distribution models, or licenses or
distribution models substantially similar to any of the following: (a) GNU's
General Public License (GPL) or Lesser/Library GPL (LGPL), (b) the Artistic
License (e.g., PERL), (c) the Mozilla Public License, (d) the Netscape
Public License, (e) the Sun Community Source License (SCSL), (f) the Sun
Industry Source License (SISL), and (g) the Common Public License (CPL).
C. "Licensed Patent Claims" mean 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 their 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.
D. "Materials" mean the software, documentation, the software product serial
number, and other materials, including any modifications, updates and
upgrades thereto, that are provided to You under this Agreement. Materials
also include any Redistributables, Source Code, and Pre-Release Materials,
as defined below, but do not include Third Party Programs.
E. "Microsoft Platforms" mean any current and future Microsoft operating
system products, Microsoft run-time technologies (such as the .NET
Framework), and Microsoft application platforms (such as Microsoft Office or
Microsoft Dynamics) that Microsoft offers.
F. "Pre-Release Materials" mean the Materials, or portions thereof, 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 the Pre-Release Materials are deemed to be pre-release
code not suitable for commercial release, which may not be fully functional
or tested and may contain bugs or errors, which Intel may substantially
modify in its development of a commercial version, and for which Intel
makes no assurances that it will ever develop or make generally available a
commercial version.
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 for the applicable "Intel Software Development Product."
H. "Sample Source Code" means those portions of the Materials that are
Source Code files and are identified as sample source code.
I. "Source Code" means the software (and not documentation or text) portion
of the Materials provided in human readable format, and includes
modifications to the Source Code that You make or are made on Your behalf as
expressly permitted under the terms of this Agreement.
J. "Third Party Programs" mean the files (if any) listed in the
"third-party-programs.txt" text file that may be included in the Materials
for the applicable software.
K. "Your Product" means one or more commercial applications or products
developed by or for You using the Materials.
L. "Your Project" means one or more noncommercial applications, which may
include open source applications, developed by or for You using the
Materials.
2. LICENSE GRANTS.
2.1 License for Commercial License Types. Subject to the terms and conditions of
this Agreement, including the applicable license type use restrictions in
Section 3.1 and other restrictions in Section 4 below, and timely payment of any
fees (if applicable), Intel grants You a non-exclusive, worldwide,
non-assignable (except as expressly permitted hereunder), limited right and
license for the term You obtained pursuant to Section 3:
A. under its copyrights, to:
(1) reproduce internally a reasonable number of copies of the Materials
for Your internal business use in accordance with the documentation or
text files included as part of the Materials; provided, however, that this
license does not include the right to sublicense and may only be exercised
by You or Your employees;
(2) use the Materials solely for Your internal business use to develop
Your Product, in accordance with the documentation or text files included
as part of the Materials, provided, however, that this license does not
include the right to sublicense and may only be exercised by You or Your
employees;
(3) modify or create derivative works of the Materials, or any portions
thereof, that are provided in Source Code form, provided, however, that
this license does not include the right to sublicense and may be exercised
only by You or Your employees;
(4) publicly perform, publicly display, and distribute (directly and
through Your distributors, resellers and other channel partners) or
otherwise make publicly available the Redistributables, including any
modifications to or derivative works of the Redistributables made pursuant
to Section 2.1.A(3), or any portions thereof, subject to the following
restrictions:
(a) any distribution of the Redistributables must only be as part of
Your Product which must add significantly more functionality than the
Redistributables themselves;
(b) any additional restrictions which may appear in the
Redistributables text files specified in Section 1.G above and in
Section 4 below; and
(c) the license under Section 2.1.A(4) includes the right to
sublicense the Redistributables, but the sublicense rights are limited
only to the sublicensing of any Intel copyrights in the
Redistributables and only to the extent necessary to perform, display,
and distribute the Redistributables (including Your modifications and
derivative works thereto) solely as incorporated in Your Product.
(d) You (i) will be solely responsible to Your customers for any
update, support obligation or other liability which may arise from
Your distribution of Your Product, (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 from Intel, (iv) will provide the
Redistributables subject to a license agreement that prohibits
disassembly and reverse engineering of the Redistributables except in
cases where You provide Your Product subject to an open source license
that is not an Excluded License, (e.g., the BSD license or the MIT
license), (v) 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 modifications,
derivative works or Your distribution of Your Product.
and
B. under Intel's Licensed Patent Claims, to:
(1) make copies of the Materials only as specified in Section 2.1.A(1);
(2) use the Materials only as specified in Section 2.1.A(2); and
(3) offer to distribute, and distribute, but not sell, the Redistributables
only as part of Your Product, under Intel's copyright license granted in
Section 2.1(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);
And, provided further, that the license under the Licensed Patent Claims
does not and will not apply to, and Intel does not expressly grant You a
patent license in this Agreement to, any modifications to, or derivative
works of, the Materials, whether made by You, Your contractor, Your customer
(which, for all purposes under this Agreement, will mean either a customer,
reseller, distributor or other channel partner), or any third party even if
the modification and derivative works are permitted under 2.1.A(3).
2.2 License for Noncommercial License Types. Subject to the terms and conditions
of this Agreement, including the applicable license type use restrictions in
Section 3.2 and other restrictions in Section 4 below, and timely payment of any
fees (if applicable), Intel grants You a non-exclusive, worldwide,
non-assignable, limited right and license for the term You obtained pursuant to
Section 3, and under its copyrights, to:
A. reproduce a reasonable number of copies of the Materials internally and
use the Materials solely for Your internal evaluation, business or personal
use in accordance with the documentation or text files included as part of
the Materials, and for no commercial uses whatsoever; provided, however,
that this license does not include the right to sublicense and may only be
exercised by You or Your employees (if any);
B. modify or create derivative works of the Materials, or any portions
thereof, that are provided in Source Code form, provided, however, that this
license does not include a right to redistribute the modifications or
derivative works of the Materials, or the right to sublicense and may be
exercised only by You or Your employees (if any);
C. except for an evaluation license type, publicly perform, publicly
display, and distribute or otherwise make publicly available the
Redistributables, including any modifications to or derivative works of the
Redistributables made pursuant to Section 2.2.B, or any portions thereof
only for noncommercial uses, subject to the following restrictions:
(1) any distribution of the Redistributables must only be as part of Your
Project which must add significantly more functionality than the
Redistributables themselves;
(2) any additional restrictions which may appear in the Redistributables
text files specified in Section 1.G above and in Section 4 below; and
(3) the license under Section 2.2.C includes the right to sublicense the
Redistributables, but the sublicense rights are limited only to the
sublicensing of any Intel copyrights in the Redistributables and only to
the extent necessary to perform, display, and distribute the
Redistributables (including Your modifications and derivative works
thereto) solely as incorporated in Your Project.
(4) You (i) will be solely responsible for any update, support obligation
or other liability which may arise from Your distribution of Your Project,
(ii) will not make any statement that Your Project is "certified" or that
its performance is guaranteed by Intel, (iii) will not use Intel's name or
trademarks in connection with Your Project without written permission from
Intel, (iv) will provide the Redistributables subject to a license
agreement that prohibits disassembly and reverse engineering of the
Redistributables except in cases where You provide Your Project subject to
an open source license that is not an Excluded License (e.g., the BSD
license or the MIT license), (v) 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 modifications, derivative
works or Your distribution of Your Project.
2.3 Third Party Programs and Other Intel Programs Licenses. Third Party
Programs, even if included with the distribution of the Materials, are governed
by separate license terms, including without limitation, third party license
terms, other Intel software license terms, and open source software license
terms. Such separate license terms (and not this Agreement) solely govern Your
use of the Third Party Programs.
3. LICENSE USE TYPES.
3.1 Commercial License Types. Commercial license types are provided under the
terms of the license set forth in Section 2.1.
A. Single Named-User License. If You obtain the Materials under a single
named-user license type, You may install the Materials on no more than three
(3) computers for use by a single user, provided that same user is using the
Materials only on one (1) computer at a time, subject to their compliance
with all of the terms and conditions of this Agreement. You may obtain
either a perpetual or time limited license. If You obtain a single
named-user license type that is also time limited, the term of Your license
is specified on Intel's download website, in the applicable documentation or
controlled by the serial number for the Materials.
B. Floating License. If You obtain the Materials under a floating license
type, You may (a) install the Materials on an unlimited number of computers
that are connected to the designated network and (b) use the Materials by no
more than the authorized number of concurrent users, subject to their
compliance with all of the terms and conditions of this Agreement. You may
obtain either a perpetual or time limited license. If You obtain a floating
license type that is also time limited, the term of Your license is
specified on Intel's download website, in the applicable documentation or
controlled by the serial number for the Materials.
C. Site License. If You obtain the Materials under a site license type
(i.e., the Materials include the text file named
"site_license_materials.txt"), the files specified in that text file may be
installed on computer systems located only at a single site, and those files
may be accessed or used by an unlimited number of concurrent users, subject
to their compliance with all of the terms and conditions of this Agreement.
This is a perpetual license.
D. Community License. If You obtain the Materials under a community license
type, You may install the Materials on no more than three (3) computers for
use by a single user, provided that same user is using the Materials only on
one (1) computer at a time, subject to their compliance with all of the
terms and conditions of this Agreement. The Materials are provided under a
time limited license as specified on Intel's download website, in the
applicable documentation or controlled by the serial number for the
Materials.
3.2 Noncommercial License Types. Noncommercial license types are provided under
the terms of the license set forth in Section 2.2.
A. Evaluation License. If You obtain the Materials under an evaluation
license type, You may install the Materials on no more than three (3)
computers for use by a single user, provided that same user is using the
Materials only on one (1) computer at a time, subject to their compliance
with all of the terms and conditions of this Agreement. You may not
distribute any portion of the Materials, and any application and/or product
developed by You may only be used for evaluation purposes and only for the
term of the evaluation. The Materials are provided under a time limited
license as specified on Intel's download website, in the applicable
documentation or controlled by the serial number for the Materials.
1) Pre-Release Materials. If the Materials You receive are Pre-Release
Materials, in addition to the license restrictions in Section 2.2 and the
restrictions in 3.2.A above, (i) You may not modify or incorporate the
Pre-Release Materials into any product You are developing; (ii) You may
not continue to use the Pre-Release Materials if and once a commercial
version is released; and (iii) You may not disclose to any third party any
benchmarks, performance results, or other information relating to the
Pre-Release Materials.
B. Noncommercial Use License. If You obtain the Materials under a
noncommercial use license type, You may install the Materials on an
unlimited number of computers for use by a single user, provided that same
user is using the Materials only on one (1) computer at a time, subject to
their compliance with all of the terms and conditions of this Agreement. Any
work performed or produced as a result of use of the Materials cannot be
performed or produced for the benefit of other parties, including but not
limited to, for a fee, compensation or any other reimbursement or
remuneration, or "not for profit." The Materials are provided under a time
limited license as specified on Intel's download website, in the applicable
documentation or controlled by the serial number for the Materials.
C. Educational License. If You obtain the Materials under an educational
license type, You must be a teacher, professor, or a student and You may
only use the Materials for educational purposes. Any work performed or
produced as a result of use of the Materials cannot be performed or produced
for the benefit of other parties, including but not limited to, for a fee,
compensation or any other reimbursement or remuneration, or "not for
profit." The Materials are provided under a time limited license as
specified on Intel's download website, in the applicable documentation or
controlled by the serial number for the Materials. There are two educational
license types as follows:
1) Single Named-User Educational License. If You obtain the Materials
under a single named-user educational license type, You may install the
Materials on no more than three (3) computers for use by a single user,
provided that same user is using the Materials only on one (1) computer at
a time, subject to their compliance with all of the terms and conditions
of this Agreement.
2) Floating Educational License. If You obtain the Materials under a
floating educational license type, You may install the Materials on an
unlimited number of computers that are connected to a designated network
and have no more than the authorized number of concurrent individual users
use the Materials, subject to their compliance with all of the terms and
conditions of this Agreement.
4. LICENSE CONDITIONS.
4.1 Restrictions. Except as expressly provided in this Agreement, You may NOT:
(i) use, copy, distribute, or publicly display the Materials; (ii) 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; (vi) attempt to
modify or tamper with the normal function of any license manager that may
regulate usage of the Materials; (vii) distribute, sublicense or transfer the
Source Code form of any components of the Materials or derivatives thereof to
any third party; (viii) distribute Redistributables except as part of a larger
program that adds significant primary functionality different from that of the
Redistributables; (ix) distribute the Redistributables to run on a platform
other than a Microsoft Platform if according to the accompanying user
documentation the Materials are meant to execute only on a Microsoft Platform;
(x) include the Redistributables in malicious, deceptive, or unlawful programs
or products; or (xi) modify, create a derivative work, link, or distribute the
Materials so that any part of it becomes subject to an Excluded License.
4.2 Safety, Critical, and Lifesaving Applications. Safety is Your
responsibility. To the extent You use the Materials to create, or as part of,
products used in safety-critical applications designed to comply with functional
safety standards or requirements ("Safety-Critical Applications"), it is Your
responsibility to design, manage and assure 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. The Materials are also not designed, intended, or authorized for
use 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 lifesaving systems) ("Lifesaving
Applications"). Should You use the Materials for Safety-Critical Applications
or Life-saving Applications, You agree to indemnify, defend, and hold Intel and
its representatives harmless against all claims, costs, damages, and expenses,
including reasonable attorney fees arising in any way out of Your use of the
Materials in Safety-Critical Applications and claims of product liability,
personal injury or death associated with Lifesaving Applications; even if, for
either type of application, such claims alleges that Intel was negligent
regarding the design or manufacture of the Materials.
4.3 Third Party Contractor Use. If You are an entity with a license pursuant to
Section 3.1, Your contractors may use the Materials as specified in Section 2
above, 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 of the Materials.
4.4 Media Format Codecs and Digital Rights Management. You acknowledge and agree
that Your use of the Materials or distribution of the Materials with Your
Product or Your Project as permitted by this license may require You to procure
license(s) from one or more third parties that may hold intellectual property
rights applicable to any media decoding, encoding or transcoding technology
(such as, for example, through 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.
4.5 Materials Transfer. You may only permanently transfer the Materials you
received pursuant to a license type listed in Section 3.1 above, and all of Your
rights under this Agreement, to another party ("Recipient") solely in
conjunction with a change of ownership, merger, acquisition, sale or transfer of
all or substantially all of Your business or assets, either voluntarily, by
operation of law or otherwise subject to the following: You must notify Intel of
the transfer by sending a letter to Intel (i) identifying the legal entities of
Recipient and You, (ii) identifying the Materials (i.e., the specific Intel
software and version) and the associated serial numbers to be transferred, (iii)
certifying that You retain no copies of the Materials or portions thereof, (iv)
certifying that the Recipient has agreed in writing to be bound by all of the
terms and conditions of this Agreement, (v) certifying that the Recipient has
been notified that in order to receive support from Intel for the Materials they
must notify Intel in writing of the transfer and provide Intel with the
information specified in subsection (ii) above along with the name and email
address of the individual assigned to use the Materials, and (vi) providing Your
email address so that Intel may confirm receipt of Your letter. Please send
such letter to:
Intel Corporation
2111 NE 25th Avenue
Hillsboro, OR 97124
Attn: DPD Contracts Management, JF2-28
5. DATA COLLECTION AND PRIVACY.
5.1 Anonymous Data Collection by Materials. Certain Materials may generate and
collect anonymous data about the Materials and transmit it to Intel as a
one-time event during installation. This anonymous data collection may include,
but is not limited to, product name, product version, license type, support
type, and installation status. Anonymous data collection by the Materials does
not include: (a) any personal or personally identifiable data of You, an end
user or a data subject; (b) data or information identifying a business entity;
or (c) data or information about non-Intel software. The purpose of the
anonymous data collection by the Materials is to enable Intel to develop,
improve, and support Intel's products and services.
5.2 Provisioning Data Collection. Provisioning data may be collected and
transmitted to Intel as a one-time event during installation in order to
activate the Materials. This collection may be mandatory and a condition of
using the Materials in order to verify the right to use the Materials.
Provisioning data includes the Material's unique serial number and it may be
combined with other information about the Materials and Your computer.
Provisioning data is not shared with or disclosed to parties outside of Intel.
Intel may retain the provisioning data indefinitely.
5.3 Other Data Collection.
A. Collection of Registration Data. Some Materials may require registration
of the Materials with Intel during installation. The information currently
collected during registration is Your first name, Your last name, Your
email, Your company, and Your country. The registration information is
subject to change, however, You will be notified at the time of registration
what information will be collected, why it is being collected, how long it
will be retained by Intel, and how to have Your registration information
removed from Intel's registration database if You so choose to do so at a
later date.
B. Optional Collection of Analytical Data. You may be given the option
during installation of the Materials to consent to the collection of
analytical data. Analytical data may include technical information about
Your software installation and runtime status (such as installation metrics,
serial number, counters, flags, and timestamps), and Your development
environment (such as operating system, CPU architecture, and other Intel
products installed). You will be notified at the time of installation what
analytical data will be collected if You agree to such collection, why it is
being collected, how long it will be retained by Intel, and how to stop the
collection of analytical data if You so choose to do so at a later date.
C. Required Collection of Analytical Data. For certain Materials, the
collection of analytical data as described in Section 4.3 B may be a
requirement of use. In these cases, You will be given notice and the option
to cancel the download or installation of the Materials if you do not wish
to consent to the collection of analytical data.
5.4 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.
6. OWNERSHIP. Title to the Materials and all copies thereof 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
notice from the Materials. You agree to prevent any unauthorized copying of 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.
7. 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 under the terms of this Agreement. Intel may in its sole
discretion offer such support, updates 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 representative.
8. LIMITATION OF LIABILITY. Use of the Materials are at Licensee's own risk. In
no event will Intel or its suppliers be liable for any direct, indirect,
incidental, consequential, special, or other losses or damages arising out of or
related to this Agreement or Licensee's use of the Materials, including without
limitation, 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 Software; (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 6).
9. USER SUBMISSIONS. This Agreement does not obligate You to provide Intel with
materials, information, comments, suggestions or other communication regarding
the Materials. However, You agree that any material, information, comments,
suggestions or other communication You transmit or post to an Intel website
(including but not limited to, submissions to the Intel Premier Support and/or
other customer support websites or online portals) or provide to Intel under
this Agreement are not controlled by the International Traffic in Arms
Regulations (ITAR) or the Export Administration Regulation (EAR), and if related
to the features, functions, performance or use of the Materials are deemed
non-confidential and non-proprietary ("Communications"). Intel will have no
obligations with respect to the Communications. You hereby grant to Intel a
non-exclusive, perpetual, irrevocable, royalty-free, copyright license 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 and all data, images, sounds, text, and
other things embodied therein, including derivative works thereto, for any and
all commercial or non-commercial purposes. You are prohibited from posting or
transmitting to or from an Intel website or provide to Intel any unlawful,
threatening, libelous, defamatory, obscene, pornographic, or other material that
would violate any law. 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"), so please contact Your Intel representative to ensure the proper NDA is
in place.
Nothing in this Agreement will be construed as preventing Intel from reviewing
Your Communications and errors or defects in Intel products discovered while
reviewing Your Communications. Furthermore, nothing in this Agreement will be
construed as preventing Intel from implementing independently-developed
enhancements to Intel's own error diagnosis methodology to detect errors or
defects in Intel products discovered while reviewing Your Communications or to
implement bug fixes or enhancements in Intel products. The foregoing may include
the right to include Your Communications in regression test suites.
10. NON-DISCLOSURE. The following provisions will apply if there is no existing
non-disclosure agreement between You and Intel. The Materials are the
Confidential Information of Intel. You will maintain the confidentiality of
Intel's Confidential Information with at least the same degree of care that You
use to protect Your own confidential and proprietary information, but no less
than a reasonable degree of care under the circumstances. You will only
disclose the Confidential Information to Your employees who have a need to know
and who agree to abide by nondisclosure terms at least as comprehensive as those
set forth herein; provided that You will be liable for breach by any such
employee. For the purposes of this Agreement, the term "employee" will include
Your independent contractors, who have signed confidentiality agreements with
You. You will not make any copies of the Confidential Information except as
necessary for Your employees with a need to know. Any copies which are made
will be identified as belonging to Intel and marked "confidential",
"proprietary" or with similar legend. You will not be liable for the disclosure
of any Confidential Information which is (a) generally made available publicly
or to third parties by Intel without restriction on disclosure; (b) rightfully
received from a third party without obligation of confidentiality; (c)
rightfully known to You without any limitation on disclosure prior to Your
receipt from Intel; (d) independently developed by Your employees; or (e)
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################################################################################
### Intel® CPU Runtime for OpenCL⢠Applications 18.1
################################################################################
//opencl_compilers_and_libraries_18.1.0.015/licensing/DPD_EULA.txt
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o.2
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