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Note: There are multiple End User License Agreements in this document. Please read to the end:
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IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
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|
Do not copy, install, distribute, publicly display, or use the Materials (as
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|
|
defined below) provided under this license agreement ("Agreement") until you
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|
("You" or "Your") have carefully read and agreed to the following terms and
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|
|
conditions.
|
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|
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This Agreement forms a legally binding contract between You and Intel
|
|
|
Corporation ("Intel") regarding Your use of the Materials. By copying,
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|
|
installing, distributing, publicly displaying, or otherwise using the Materials,
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|
You agree to be bound by the terms of this Agreement. If You do not agree to
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|
the terms of this Agreement, do not copy, install, distribute, publicly display,
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|
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or use the Materials.
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If You are agreeing to the terms and conditions of this Agreement on behalf of a
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company or other legal entity, You represent and warrant that You have the legal
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authority to bind that legal entity to the Agreement, in which case, "You" or
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"Your" will mean such entity.
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Third Party Programs (as defined below), even if included with the distribution
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|
of the Materials, are governed by separate third party license terms, including
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without limitation, open source software license terms. Such third party license
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|
terms (and not this Agreement) govern Your use of the Third Party Programs, and
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|
Intel is not liable for the Third Party Programs.
|
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|
|
End User License Agreement for the Intel(R) Software Development Products
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|
(Version May 2018)
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IMPORTANT INFORMATION ABOUT YOUR RIGHTS, OBLIGATIONS AND THE USE OF YOUR DATA -
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PLEASE READ AND AGREE BEFORE COPYING, INSTALLING OR USING
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|
This Agreement forms a legally binding contract between you, or the company or
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|
|
other legal entity ("Legal Entity") for which you represent and warrant that you
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|
have the legal authority to bind that Legal Entity, (each, "You" or "Your") and
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Intel Corporation and its subsidiaries (collectively "Intel") regarding Your use
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of the Materials. By copying, installing, distributing, publicly displaying, or
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|
otherwise using the Materials, You agree to be bound by the terms of this
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|
Agreement. If You do not agree to the terms of this Agreement, do not copy,
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|
install, distribute, publicly display, or use the Materials. You affirm that You
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are 18 years old or older or, if not, Your parent, legal guardian or Legal
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Entity must agree and enter into this Agreement.
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1. LICENSE DEFINITIONS.
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A. "Confidential Information" means all Materials (as defined below),
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including any portions thereof, that are identified (in the product release
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notes, on Intel's download website for the Materials or elsewhere) or
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|
labeled as Intel confidential information or a similar legend.
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B. "Excluded License" means a license that requires, as a condition of use,
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modification, or distribution, that the licensed software or other software
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|
incorporated into, derived from or distributed with such software (a) be
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disclosed or distributed in Source Code form; (b) be licensed by the user to
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|
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third parties for the purpose of making and/or distributing derivative
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|
works; or (c) be redistributable at no charge. Excluded Licenses include,
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|
|
without limitation, licenses that license or distribute software under any
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|
of the following licenses or distribution models, or licenses or
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|
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distribution models substantially similar to any of the following: (a) GNU's
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General Public License (GPL) or Lesser/Library GPL (LGPL), (b) the Artistic
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License (e.g., PERL), (c) the Mozilla Public License, (d) the Netscape
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Public License, (e) the Sun Community Source License (SCSL), (f) the Sun
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Industry Source License (SISL), and (g) the Common Public License (CPL).
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C. "Licensed Patent Claims" mean the claims of Intel's patents that are
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necessarily and directly infringed by the reproduction and distribution of
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the Materials that is authorized in Section 2 below, when the Materials are
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in their unmodified form as delivered by Intel to You and not modified or
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combined with anything else. Licensed Patent Claims are only those claims
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|
that Intel can license without paying, or getting the consent of, a third
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|
party.
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D. "Materials" mean the software, documentation, the software product serial
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number, and other materials, including any modifications, updates and
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|
upgrades thereto, that are provided to You under this Agreement. Materials
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|
also include any Redistributables, Source Code, and Pre-Release Materials,
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|
|
as defined below, but do not include Third Party Programs.
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E. "Microsoft Platforms" mean any current and future Microsoft operating
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system products, Microsoft run-time technologies (such as the .NET
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|
Framework), and Microsoft application platforms (such as Microsoft Office or
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|
Microsoft Dynamics) that Microsoft offers.
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F. "Pre-Release Materials" mean the Materials, or portions thereof, that are
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|
identified (in the product release notes, on Intel's download website for
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|
the Materials or elsewhere) or labeled as pre-release, prototype, alpha or
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|
beta code and as such the Pre-Release Materials are deemed to be pre-release
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|
code not suitable for commercial release, which may not be fully functional
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or tested and may contain bugs or errors, which Intel may substantially
|
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|
modify in its development of a commercial version, and for which Intel
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makes no assurances that it will ever develop or make generally available a
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commercial version.
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G. "Redistributables" mean the files (if any) listed in the "redist.txt",
|
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|
"redist-rt.txt" or similarly-named text files that may be included in the
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|
|
Materials for the applicable "Intel Software Development Product."
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H. "Sample Source Code" means those portions of the Materials that are
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|
Source Code files and are identified as sample source code.
|
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|
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.
|
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|
|
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.
|
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|
|
K. "Your Product" means one or more commercial applications or products
|
|
|
developed by or for You using the Materials.
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L. "Your Project" means one or more noncommercial applications, which may
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|
|
include open source applications, developed by or for You using the
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|
Materials.
|
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2. LICENSE GRANTS.
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|
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:
|
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|
|
A. under its copyrights, to:
|
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|
|
(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;
|
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|
|
(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;
|
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|
|
|
(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;
|
|
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|
|
|
(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
|
|
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|
|
B. under Intel's Licensed Patent Claims, to:
|
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|
|
(1) make copies of the Materials only as specified in Section 2.1.A(1);
|
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|
|
(2) use the Materials only as specified in Section 2.1.A(2); and
|
|
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|
|
(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);
|
|
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|
|
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)
|
|
|
required to be disclosed in accordance with applicable laws, regulations, court,
|
|
|
judicial or other government order, provided that You will give Intel reasonable
|
|
|
notice prior to such disclosure and will comply with any applicable protective
|
|
|
order.
|
|
|
|
|
|
11. TERMINATION OF THIS LICENSE. This Agreement becomes effective on the date
|
|
|
You accept this Agreement and will continue until terminated as provided for in
|
|
|
this Agreement. If You are using the Materials under a time-limited license, for
|
|
|
example an Evaluation License, this Agreement terminates without notice on the
|
|
|
last day of the time period, which is specified in the Materials or on Intel's
|
|
|
website, and/or controlled by the serial number for the Materials. Intel may
|
|
|
terminate this license immediately if You are in breach of any of its terms and
|
|
|
conditions and such breach is not cured within thirty (30) days of written
|
|
|
notice from Intel. Upon termination, You will immediately return to Intel or
|
|
|
destroy the Materials and all copies thereof. In the event of termination of
|
|
|
this Agreement, the license grant to any Materials or 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, 5, 6, 7, 8, 9, 10, 11, 12, and
|
|
|
13 will survive expiration or termination of this Agreement.
|
|
|
|
|
|
12. 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 herein. Use
|
|
|
for or on behalf of the U.S. Government is permitted only if the party acquiring
|
|
|
or using this software is properly authorized by an appropriate U.S. Government
|
|
|
official. This use by or for the U.S. Government clause is in lieu of, and
|
|
|
supersedes, any other FAR, DFARS, or other provision that addresses Government
|
|
|
rights in the computer software or documentation covered by this license. All
|
|
|
copyright licenses granted to the U.S. Government are coextensive with the
|
|
|
technical data and computer software licenses granted herein. The U.S.
|
|
|
Government will only have the right to reproduce, distribute, perform, display,
|
|
|
and prepare derivative works as needed to implement those rights.
|
|
|
|
|
|
13. GENERAL PROVISIONS.
|
|
|
|
|
|
13.1 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. This Agreement, including without limitation its
|
|
|
termination, has no effect on any signed non-disclosure agreements between the
|
|
|
parties, which remain in full force and effect as separate agreements to their
|
|
|
terms. 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., "End User License Agreement for the Intel(R)
|
|
|
Software (Version May 2018)); except that Intel may make changes to the
|
|
|
Agreement as it distributes new versions of the Materials. When these changes
|
|
|
are made, Intel will make a new version of the Agreement available on its
|
|
|
website: https://software.intel.com/en-us/articles/end-user-license-agreement.
|
|
|
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.
|
|
|
|
|
|
13.2 EXPORT. You acknowledge that the Materials and all related technical
|
|
|
information are subject to export controls under the laws and regulations of the
|
|
|
United States and any other applicable governments. You agree to comply with
|
|
|
these laws and regulations 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 (a) into any U.S. embargoed
|
|
|
countries or (b) 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 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. You confirm that the Materials
|
|
|
will not be re-exported or sold to a third party who is known or suspected to be
|
|
|
involved in activities including, without limitation, the development, design,
|
|
|
manufacture, or production of nuclear, missile, chemical or biological weapons.
|
|
|
|
|
|
13.3 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.
|
|
|
|
|
|
13.4 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.
|
|
|
|
|
|
* Other names and brands may be claimed as the property of others
|
|
|
|
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|
|
|
|
|
|
Common Public License Version 1.0
|
|
|
|
|
|
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON
|
|
|
PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF
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THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
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1. DEFINITIONS
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"Contribution" means:
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a) in the case of the initial Contributor, the initial code and
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documentation distributed under this Agreement, and
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b) in the case of each subsequent Contributor:
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i) changes to the Program, and
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ii) additions to the Program; where such changes and/or additions
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to the Program originate from and are distributed by that
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particular Contributor. A Contribution 'originates' from a
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Contributor if it was added to the Program by such
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Contributor itself or anyone acting on such Contributor's
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behalf. Contributions do not include additions to the Program
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which: (i) are separate modules of software distributed in
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conjunction with the Program under their own license
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agreement, and (ii) are not derivative works of the Program.
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"Contributor" means any person or entity that distributes the Program.
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"Licensed Patents " mean patent claims licensable by a Contributor
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which are necessarily infringed by the use or sale of its Contribution
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alone or when combined with the Program.
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"Program" means the Contributions distributed in accordance with this
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Agreement.
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"Recipient" means anyone who receives the Program under this
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Agreement, including all Contributors.
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2. GRANT OF RIGHTS
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a) Subject to the terms of this Agreement, each Contributor hereby
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grants Recipient a non-exclusive, worldwide, royalty-free
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copyright license to reproduce, prepare derivative works of,
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publicly display, publicly perform, distribute and sublicense the
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Contribution of such Contributor, if any, and such derivative
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works, in source code and object code form.
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b) Subject to the terms of this Agreement, each Contributor hereby
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grants Recipient a non-exclusive, worldwide, royalty-free patent
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license under Licensed Patents to make, use, sell, offer to sell,
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import and otherwise transfer the Contribution of such
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Contributor, if any, in source code and object code form. This
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patent license shall apply to the combination of the Contribution
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and the Program if, at the time the Contribution is added by the
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Contributor, such addition of the Contribution causes such
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combination to be covered by the Licensed Patents. The patent
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license shall not apply to any other combinations which include
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the Contribution. No hardware per se is licensed hereunder.
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c) Recipient understands that although each Contributor grants the
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licenses to its Contributions set forth herein, no assurances are
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provided by any Contributor that the Program does not infringe
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the patent or other intellectual property rights of any other
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entity. Each Contributor disclaims any liability to Recipient for
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claims brought by any other entity based on infringement of
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intellectual property rights or otherwise. As a condition to
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exercising the rights and licenses granted hereunder, each
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Recipient hereby assumes sole responsibility to secure any other
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intellectual property rights needed, if any. For example, if a
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third party patent license is required to allow Recipient to
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distribute the Program, it is Recipient's responsibility to
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acquire that license before distributing the Program.
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d) Each Contributor represents that to its knowledge it has
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sufficient copyright rights in its Contribution, if any, to grant
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the copyright license set forth in this Agreement.
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3. REQUIREMENTS
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A Contributor may choose to distribute the Program in object code form
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under its own license agreement, provided that:
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a) it complies with the terms and conditions of this Agreement; and
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b) its license agreement:
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i) effectively disclaims on behalf of all Contributors all
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warranties and conditions, express and implied, including
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warranties or conditions of title and non-infringement, and
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implied warranties or conditions of merchantability and
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fitness for a particular purpose;
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ii) effectively excludes on behalf of all Contributors all
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liability for damages, including direct, indirect, special,
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incidental and consequential damages, such as lost profits;
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iii) states that any provisions which differ from this Agreement
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are offered by that Contributor alone and not by any other
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party; and
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iv) states that source code for the Program is available from
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such Contributor, and informs licensees how to obtain it in a
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reasonable manner on or through a medium customarily used for
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software exchange.
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When the Program is made available in source code form:
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a) it must be made available under this Agreement; and
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b) a copy of this Agreement must be included with each copy of the
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Program. Contributors may not remove or alter any copyright
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notices contained within the Program.
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Each Contributor must identify itself as the originator of its
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Contribution, if any, in a manner that reasonably allows subsequent
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Recipients to identify the originator of the Contribution.
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4. COMMERCIAL DISTRIBUTION
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Commercial distributors of software may accept certain
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responsibilities with respect to end users, business partners and the
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like. While this license is intended to facilitate the commercial use
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of the Program, the Contributor who includes the Program in a
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commercial product offering should do so in a manner which does not
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create potential liability for other Contributors. Therefore, if a
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Contributor includes the Program in a commercial product offering,
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such Contributor ("Commercial Contributor") hereby agrees to defend
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and indemnify every other Contributor ("Indemnified Contributor")
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against any losses, damages and costs (collectively "Losses") arising
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from claims, lawsuits and other legal actions brought by a third party
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against the Indemnified Contributor to the extent caused by the acts
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or omissions of such Commercial Contributor in connection with its
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distribution of the Program in a commercial product offering. The
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obligations in this section do not apply to any claims or Losses
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relating to any actual or alleged intellectual property
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infringement. In order to qualify, an Indemnified Contributor must:
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a) promptly notify the Commercial Contributor in writing of such
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claim, and
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b) allow the Commercial Contributor to control, and cooperate with
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the Commercial Contributor in, the defense and any related
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settlement negotiations. The Indemnified Contributor may
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participate in any such claim at its own expense.
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For example, a Contributor might include the Program in a commercial
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product offering, Product X. That Contributor is then a Commercial
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Contributor. If that Commercial Contributor then makes performance
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claims, or offers warranties related to Product X, those performance
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claims and warranties are such Commercial Contributor's responsibility
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alone. Under this section, the Commercial Contributor would have to
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defend claims against the other Contributors related to those
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performance claims and warranties, and if a court requires any other
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Contributor to pay any damages as a result, the Commercial Contributor
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must pay those damages.
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5. NO WARRANTY
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
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PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
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KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
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WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
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OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
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responsible for determining the appropriateness of using and
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distributing the Program and assumes all risks associated with its
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exercise of rights under this Agreement, including but not limited to
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the risks and costs of program errors, compliance with applicable
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laws, damage to or loss of data, programs or equipment, and
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unavailability or interruption of operations.
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6. DISCLAIMER OF LIABILITY
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
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ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
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INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
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WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
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LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
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|
|
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
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DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
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|
|
HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
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|
|
7. GENERAL
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|
If any provision of this Agreement is invalid or unenforceable under
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|
|
applicable law, it shall not affect the validity or enforceability of
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the remainder of the terms of this Agreement, and without further
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action by the parties hereto, such provision shall be reformed to the
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|
|
minimum extent necessary to make such provision valid and
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|
|
enforceable.
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|
|
|
If Recipient institutes patent litigation against a Contributor with
|
|
|
respect to a patent applicable to software (including a cross-claim or
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|
|
counterclaim in a lawsuit), then any patent licenses granted by that
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|
|
Contributor to such Recipient under this Agreement shall terminate as
|
|
|
of the date such litigation is filed. In addition, if Recipient
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|
|
institutes patent litigation against any entity (including a
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|
|
cross-claim or counterclaim in a lawsuit) alleging that the Program
|
|
|
itself (excluding combinations of the Program with other software or
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|
hardware) infringes such Recipient's patent(s), then such Recipient's
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rights granted under Section 2(b) shall terminate as of the date such
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litigation is filed.
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All Recipient's rights under this Agreement shall terminate if it
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fails to comply with any of the material terms or conditions of this
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|
|
Agreement and does not cure such failure in a reasonable period of
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|
|
time after becoming aware of such noncompliance. If all Recipient's
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rights under this Agreement terminate, Recipient agrees to cease use
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and distribution of the Program as soon as reasonably
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|
|
practicable. However, Recipient's obligations under this Agreement and
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any licenses granted by Recipient relating to the Program shall
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continue and survive.
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|
Everyone is permitted to copy and distribute copies of this Agreement,
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|
but in order to avoid inconsistency the Agreement is copyrighted and
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|
may only be modified in the following manner. The Agreement Steward
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|
reserves the right to publish new versions (including revisions) of
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this Agreement from time to time. No one other than the Agreement
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Steward has the right to modify this Agreement. IBM is the initial
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Agreement Steward. IBM may assign the responsibility to serve as the
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Agreement Steward to a suitable separate entity. Each new version of
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the Agreement will be given a distinguishing version number. The
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Program (including Contributions) may always be distributed subject to
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the version of the Agreement under which it was received. In addition,
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|
|
after a new version of the Agreement is published, Contributor may
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elect to distribute the Program (including its Contributions) under
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|
the new version. Except as expressly stated in Sections 2(a) and 2(b)
|
|
|
above, Recipient receives no rights or licenses to the intellectual
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property of any Contributor under this Agreement, whether expressly,
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by implication, estoppel or otherwise. All rights in the Program not
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expressly granted under this Agreement are reserved.
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This Agreement is governed by the laws of the State of New York and
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the intellectual property laws of the United States of America. No
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|
party to this Agreement will bring a legal action under this Agreement
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more than one year after the cause of action arose. Each party waives
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its rights to a jury trial in any resulting litigation.
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protobuf
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|
|
BSD 3-clause "New" or "Revised" License
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|
Copyright 2008 Google Inc. All rights reserved.
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Redistribution and use in source and binary forms, with or without
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|
modification, are permitted provided that the following conditions are
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met:
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* Redistributions of source code must retain the above copyright
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notice, this list of conditions and the following disclaimer.
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|
* Redistributions in binary form must reproduce the above
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|
copyright notice, this list of conditions and the following disclaimer
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in the documentation and/or other materials provided with the
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distribution.
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* Neither the name of Google Inc. nor the names of its
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|
contributors may be used to endorse or promote products derived from
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this software without specific prior written permission.
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THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
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"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
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LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
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A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
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OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
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SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
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LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
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DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
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THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
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(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
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OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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Code generated by the Protocol Buffer compiler is owned by the owner
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of the input file used when generating it. This code is not
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standalone and requires a support library to be linked with it. This
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support library is itself covered by the above license.
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Instrumentation and Tracing Technology (ITT) Notify User API
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BSD 3-clause "New" or "Revised" License
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Copyright (c) 2015, Intel Corporation
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All rights reserved.
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Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
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Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
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Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer
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in the documentation and/or other materials provided with the distribution.
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Neither the name of the Intel Corporation nor the names of its contributors may be used to endorse or promote products derived
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from this software without specific prior written permission.
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THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
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THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS
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|
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
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GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
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STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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Intel® Threading Building Blocks (Intel® TBB); Khronos Group OpenCL Registry; Khronos Group SPIRV-Tools; Khronos Group EGL Headers; Khronos Group OpenGL Registry
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Apache License
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Version 2.0, January 2004
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http://www.apache.org/licenses/
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TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
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1. Definitions.
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"License" shall mean the terms and conditions for use, reproduction,
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and distribution as defined by Sections 1 through 9 of this document.
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"Licensor" shall mean the copyright owner or entity authorized by
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the copyright owner that is granting the License.
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"Legal Entity" shall mean the union of the acting entity and all
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other entities that control, are controlled by, or are under common
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control with that entity. For the purposes of this definition,
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"control" means (i) the power, direct or indirect, to cause the
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direction or management of such entity, whether by contract or
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otherwise, or (ii) ownership of fifty percent (50%) or more of the
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outstanding shares, or (iii) beneficial ownership of such entity.
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"You" (or "Your") shall mean an individual or Legal Entity
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exercising permissions granted by this License.
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"Source" form shall mean the preferred form for making modifications,
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including but not limited to software source code, documentation
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source, and configuration files.
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"Object" form shall mean any form resulting from mechanical
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transformation or translation of a Source form, including but
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not limited to compiled object code, generated documentation,
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and conversions to other media types.
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"Work" shall mean the work of authorship, whether in Source or
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Object form, made available under the License, as indicated by a
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copyright notice that is included in or attached to the work
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(an example is provided in the Appendix below).
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"Derivative Works" shall mean any work, whether in Source or Object
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form, that is based on (or derived from) the Work and for which the
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editorial revisions, annotations, elaborations, or other modifications
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represent, as a whole, an original work of authorship. For the purposes
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of this License, Derivative Works shall not include works that remain
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separable from, or merely link (or bind by name) to the interfaces of,
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the Work and Derivative Works thereof.
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"Contribution" shall mean any work of authorship, including
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the original version of the Work and any modifications or additions
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to that Work or Derivative Works thereof, that is intentionally
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submitted to Licensor for inclusion in the Work by the copyright owner
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the copyright owner. For the purposes of this definition, "submitted"
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communication on electronic mailing lists, source code control systems,
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Licensor for the purpose of discussing and improving the Work, but
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excluding communication that is conspicuously marked or otherwise
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designated in writing by the copyright owner as "Not a Contribution."
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"Contributor" shall mean Licensor and any individual or Legal Entity
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on behalf of whom a Contribution has been received by Licensor and
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subsequently incorporated within the Work.
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2. Grant of Copyright License. Subject to the terms and conditions of
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this License, each Contributor hereby grants to You a perpetual,
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worldwide, non-exclusive, no-charge, royalty-free, irrevocable
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copyright license to reproduce, prepare Derivative Works of,
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publicly display, publicly perform, sublicense, and distribute the
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Work and such Derivative Works in Source or Object form.
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3. Grant of Patent License. Subject to the terms and conditions of
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this License, each Contributor hereby grants to You a perpetual,
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worldwide, non-exclusive, no-charge, royalty-free, irrevocable
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(except as stated in this section) patent license to make, have made,
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use, offer to sell, sell, import, and otherwise transfer the Work,
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where such license applies only to those patent claims licensable
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by such Contributor that are necessarily infringed by their
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Contribution(s) alone or by combination of their Contribution(s)
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with the Work to which such Contribution(s) was submitted. If You
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institute patent litigation against any entity (including a
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cross-claim or counterclaim in a lawsuit) alleging that the Work
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or a Contribution incorporated within the Work constitutes direct
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or contributory patent infringement, then any patent licenses
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granted to You under this License for that Work shall terminate
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as of the date such litigation is filed.
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4. Redistribution. You may reproduce and distribute copies of the
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################################################################################
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### Intel® CPU Runtime for OpenCL™ Applications 18.1
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################################################################################
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<installdir>/opencl_compilers_and_libraries_18.1.0.015/linux/compiler/lib/intel64_lin/libcommon_clang.18.1.so
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<installdir>/opencl_compilers_and_libraries_18.1.0.015/linux/compiler/lib/intel64_lin/libcpu_device.so
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<installdir>/opencl_compilers_and_libraries_18.1.0.015/linux/compiler/lib/intel64_lin/libintelocl.so
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<installdir>/opencl_compilers_and_libraries_18.1.0.015/linux/compiler/lib/intel64_lin/libtask_executor.so
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<installdir>/opencl_compilers_and_libraries_18.1.0.015/linux/compiler/lib/intel64_lin/libtbb.so
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<installdir>/opencl_compilers_and_libraries_18.1.0.015/linux/compiler/lib/intel64_lin/libtbb.so.2
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<installdir>/opencl_compilers_and_libraries_18.1.0.015/linux/compiler/lib/intel64_lin/libtbbmalloc.so
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<installdir>/opencl_compilers_and_libraries_18.1.0.015/linux/compiler/lib/intel64_lin/libtbbmalloc.so.2
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