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TERMS AND CONDITIONS
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IMPORTANT - PLEASE READ BEFORE INSTALLING OR USING THIS INTEL(C) SOFTWARE
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Do not use or load this firmware (the "Software") until you have carefully read
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the following terms and conditions. By loading or using the Software, you agree
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to the terms of this Agreement. If you do not wish to so agree, do not install
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or use the Software.
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LICENSEES:
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Please note:
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* If you are an End-User, only Exhibit A, the SOFTWARE LICENSE AGREEMENT,
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applies.
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* If you are an Original Equipment Manufacturer (OEM), Independent Hardware
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Vendor (IHV), or Independent Software Vendor (ISV), this complete Agreement
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applies
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For OEMs, IHVs, and ISVs:
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LICENSE. This Software is licensed for use only in conjunction with Intel
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component products. Use of the Software in conjunction with non-Intel component
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products is not licensed hereunder. Subject to the terms of this Agreement,
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Intel grants to you a nonexclusive, nontransferable, worldwide, fully paid-up
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license under Intel's copyrights to: (i) copy the Software internally for your
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own development and maintenance purposes; (ii) copy and distribute the Software
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to your end-users, but only under a license agreement with terms at least as
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restrictive as those contained in Intel's Final, Single User License Agreement,
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attached as Exhibit A; and (iii) modify, copy and distribute the end-user
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documentation which may accompany the Software, but only in association with
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the Software.
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If you are not the final manufacturer or vendor of a computer system or software
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program incorporating the Software, then you may transfer a copy of the
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Software, including any related documentation (modified or unmodified) to your
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recipient for use in accordance with the terms of this Agreement, provided such
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recipient agrees to be fully bound by the terms hereof. You shall not otherwise
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assign, sublicense, lease, or in any other way transfer or disclose Software to
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any third party. You may not, nor may you assist any other person or entity to
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modify, translate, convert to another programming language, decompile, reverse
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engineer, or disassemble any portion of the Software or otherwise attempt to
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derive source code from any object code modules of the Software or any internal
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data files generated by the Software. Your rights to redistribute the Software
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shall be contingent upon your installation of this Agreement in its entirety in
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the same directory as the Software.
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CONTRACTORS. For the purpose of this Agreement, and notwithstanding anything
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to the contrary hereunder, solely with respect to the requirements for
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compliance with the terms hereunder, any contractors or consultants that You
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use to perform the work or otherwise assist You in the development or products
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using this Software shall be deemed to be End Users and accordingly, upon
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receipt of the Software, shall be bound by the terms of Exhibit A, Software
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License Agreement. No additional agreement between You and such consultants or
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contractors is required under this Agreement to detail such compliance.
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TRADEMARKS. Except as expressly provided herein, you shall not use Intel's
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name in any publications, advertisements, or other announcements without
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Intel's prior written consent. You do not have any rights to use any Intel
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trademarks or logos.
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OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Software and accompanying materials, if
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any, are owned by Intel or its suppliers and licensors and may be protected by
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copyright, trademark, patent and trade secret law and international treaties.
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Any rights, express or implied, in the intellectual property embodied in the
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foregoing, other than those specified in this Agreement, are reserved by Intel
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and its suppliers and licensors or otherwise as set forth in any applicable
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open source license agreement. You will keep the Software free of liens,
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attachments, and other encumbrances. You agree not to remove any proprietary
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notices and/or any labels from the Software and accompanying materials without
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prior written approval by Intel
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LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS AND LICENSORS
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BE LIABLE FOR ANY DAMAGES WHATSOEVER FROM ANY CAUSE OF ACTION OF ANY KIND
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(INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST
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INFORMATION) ARISING OUT OF THE USE, MODIFICATION, OR INABILITY TO USE THE
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INTEL SOFTWARE, OR OTHERWISE, NOR FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR
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SPECIAL DAMAGES OF ANY KIND, EVEN IF INTEL OR ITS SUPPLIERS AND LICENSORS HAS
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BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT
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EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES, CONSEQUENTIAL OR
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INCIDENTAL DAMAGES, SO CERTAIN LIMITATIONS MAY NOT APPLY. YOU MAY ALSO HAVE
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OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS.
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EXCLUSION OF WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" AND POSSIBLY WITH
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FAULTS. UNLESS EXPRESSLY AGREED OTHERWISE, INTEL AND ITS SUPPLIERS AND
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LICENSORS DISCLAIM ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED OR
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OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
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NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Intel does not warrant
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or assume responsibility for the accuracy or completeness of any information,
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text, graphics, links or other items contained within the Software. You assume
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all liability, financial or otherwise, associated with Your use or disposition
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of the Software.
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APPLICABLE LAW. Claims arising under this Agreement shall be governed by the
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laws of State of California], excluding its principles of conflict of laws and
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the United Nations Convention on Contracts for the Sale of Goods.
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WAIVER AND AMENDMENT. No modification, amendment or waiver of any provision of
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this Agreement shall be effective unless in writing and signed by an officer of
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Intel. No failure or delay in exercising any right, power, or remedy under
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this Agreement shall operate as a waiver of any such right, power or remedy.
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Without limiting the foregoing, terms and conditions on any purchase orders or
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similar materials submitted by you to Intel, and any terms contained in Intels
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standard acknowledgment form that are in conflict with these terms, shall be of
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no force or effect.
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SEVERABILITY. If any provision of this Agreement is held by a court of
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competent jurisdiction to be contrary to law, such provision shall be changed
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and interpreted so as to best accomplish the objectives of the original
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provision to the fullest extent allowed by law and the remaining provisions of
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this Agreement shall remain in full force and effect.
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EXPORT RESTRICTIONS. Each party acknowledges that the Software is subject to
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applicable import and export regulations of the United States and of the
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countries in which each party transacts business, specifically including U.S.
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Export Administration Act and Export Administration Regulations. Each party
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shall comply with such laws and regulations, as well as all other laws and
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regulations applicable to the Software. Without limiting the generality of the
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foregoing, each party agrees that it will not export, re-export, transfer or
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divert any of the Software or the direct programs thereof to any restricted
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place or party in accordance with U.S. export regulations. Note that Software
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containing encryption may be subject to additional restrictions.
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GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS."
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Use, duplication, or disclosure by the Government is subject to restrictions as
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set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or their successors. Use
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of the Software by the Government constitutes acknowledgment of Intel's
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proprietary rights therein. Contractor or Manufacturer is Intel Corporation,
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2200 Mission College Blvd., Santa Clara, CA 95052.
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TERMINATION OF THE AGREEMENT. Intel may terminate this Agreement if you violate
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its terms. Upon termination, you will immediately destroy the Software or
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return all copies of the Software to Intel.
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--------------------------------------------------------------------------------
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EXHIBIT "A"
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SOFTWARE LICENSE AGREEMENT (Final, Single User)
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IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
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|
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Do not use or load this firmware image (the "Software") until you have carefully
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|
|
read the following terms and conditions. By loading or using the Software, you
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|
|
agree to the terms of this Agreement. If you do not wish to so agree, do not
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|
install or use the Software.
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LICENSE. You may copy and use the Software, subject to these conditions:
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1. This Software is licensed for use only in conjunction with Intel component
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products. Use of the Software in conjunction with non-Intel component
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products is not licensed hereunder.
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2. You may not copy, modify, rent, sell, distribute or transfer any part of the
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Software except as provided in this Agreement, and you agree to prevent
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unauthorized copying of the Software.
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3. You may not reverse engineer, decompile, or disassemble the Software.
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4. You may not sublicense the Software.
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5. The Software may contain the software or other property of third party
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suppliers.
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OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software
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remains with Intel or its suppliers. The Software is copyrighted and protected
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by the laws of the United States and other countries, and international treaty
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provisions. You may not remove any copyright notices from the Software. Intel
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may make changes to the Software, or items referenced therein, at any time
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without notice, but is not obligated to support or update the Software. Except
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as otherwise expressly provided, Intel grants no express or implied right under
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Intel patents, copyrights, trademarks, or other intellectual property rights.
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You may transfer the Software only if a copy of this license accompanies the
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Software and the recipient agrees to be fully bound by these terms.
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EXCLUSION OF OTHER WARRANTIES EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED
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"AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING
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WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR
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PURPOSE. Intel does not warrant or assume responsibility for the accuracy or
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completeness of any information, text, graphics, links or other items contained
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within the Software.
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LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE FOR
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ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS
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INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO
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USE THE SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
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DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR
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IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
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LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY
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BETWEEN JURISDICTIONS.
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TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement at any time if
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you violate its terms. Upon termination, you will immediately destroy the
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Software.
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APPLICABLE LAWS. Claims arising under this Agreement shall be governed by the
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laws of California, excluding its principles of conflict of laws and the United
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Nations Convention on Contracts for the Sale of Goods. You may not export the
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Software in violation of applicable export laws and regulations. Intel is not
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obligated under any other agreements unless they are in writing and signed by
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an authorized representative
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of Intel.
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GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS."
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Use, duplication, or disclosure by the Government is subject to restrictions as
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set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or their successors. Use
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of the Software by the Government constitutes acknowledgment of Intel's
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proprietary rights therein. Contractor or Manufacturer is Intel Corporation,
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2200 Mission College Blvd., Santa Clara, CA 95052.
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