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TERMS AND CONDITIONS FOR INTEL(r) PRE-RELEASE PRODUCTS  

  

These terms apply to Intel(r) pre-release products, including evaluation, development or  

reference hardware and/or software products (collectively, "Pre-Release Products").   In  

the event that You do not agree with any of these terms and conditions, do not use or  

install the Pre-Release Product and promptly return it unused to Intel.  

  

SCOPE OF USE.  You  may use the Pre-Release Product solely for the purposes of  

evaluating Intel's Pre-Release Products and developing product(s) incorporating one or  

more Intel products.  You agree that You will not offer for sale, sell, transfer or distribute  

the Pre-Release Product to any third party (including, without limitation, any end  

customers, resellers or distributors of Your products).  The Pre-Release Product may not  

be resold or used for any other purposes whatsoever.    

  

DEVELOPMENT PLATFORM.  You understand that the Pre-Release Product is still under  

development by Intel and/or Intel's suppliers.  It may not be fully tested, lack regulatory  

approvals, and contain bugs or errors.  Accordingly, You agree that the Pre-Release  

Product is not suitable for commercial release in its current state.  Intel is not under any  

obligation to develop and/or release or offer for sale or license a final product based  

upon either the Pre-Release Product or any development platform related thereto and  

may unilaterally elect to abandon the Pre-Release Product or any such development  

platform at any time and without any obligation or liability whatsoever to You.  

  

LICENSE.  If software is included as part of the Pre-Release Product ("Pre-Release  

Software"), Intel grants You a non-exclusive, non-transferable license only under Intel’s  

copyrights to use the Pre-Release Software solely for the purposes stated above.  Any  

third party software shall be governed by the terms of this Agreement; provided,  

however, that any open source software modules shall be governed solely in accordance  

with the terms of the accompanying open source software license agreement.  You  may  

not separate the Pre-Release Software from the Pre-Release Product, nor may You copy,  

distribute, reproduce, use, sublicense or allow access to the Pre-Release Software unless  

expressly agreed to in writing by an authorized representative of Intel. You  may not, nor  

may You assist any other person or entity to, modify, translate, convert to another  

programming language, decompile, reverse engineer, or disassemble any portion of the  

Pre-Release Software or otherwise attempt to derive source code from the Pre-Release  

Software or any internal data files generated by the Pre-Release Software.    

You will not subject the Software, in whole or in part, to any license obligations of Open  

Source Software including without limitation combining or distributing the Software  

with Open Source Software in a manner that subjects the Software or any portion of the  

Software provided by Intel hereunder to any license obligations of such Open Source  

Software. "Open Source Software" means any software that requires as a condition of  

use, modification and/or distribution of such software that such software or other  

software incorporated into, derived from or distributed with such software (a) be  

disclosed or distributed in source code form; or (b) be  licensed by the user to third  


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parties for the purpose of making and/or distributing derivative works; or (c) be  

redistributable at no charge. Open Source Software includes, without limitation,  

software licensed or distributed under any of the following licenses or distribution  

models, or licenses or distribution models substantially similar to any of the following:  

(a) GNU's General Public License (GPL) or Lesser/Library GPL (LGPL), (b) the Artistic  

License (e.g., PERL), (c) the Mozilla Public License, (d) the Netscape Public License, (e)  

the Sun Community Source License (SCSL), (f) the Sun Industry Source License (SISL), (g)  

the Apache Software license. and (h) the Common Public License (CPL).   

  

FEES.  A Loan Fee may be charged for access to and use of the  Pre-Release Product.  You  

acknowledge that this fee reflects Intel's actual cost of providing You with access to the  

Pre-Release Product and does not represent a purchase price.  All fees are due and  

payable no later than thirty (30) days from the date of  Intel's invoice.    

  

OWNERSHIP.   The Software is protected by the intellectual property laws of the United  

States and other countries, and international treaty provisions. All right, title and  

interest in the intellectual property embodied in the Pre-Release Product, Pre-Release  

Software and accompanying materials, if any, are owned by Intel or its suppliers and  

licensors and may be protected by copyright, trademark, patent and trade secret law  

and international treaties.  Any rights, express or implied, in the intellectual property  

embodied in the foregoing, other than those specified in this Agreement, are reserved  

by Intel and its suppliers and licensors.  Nothing in this Agreement shall constitute a  

license of all or any part of the Pre-Release Product or of any right to sell, make, or have  

made the Pre-Release Product.  You will keep the Pre-Release Product free of liens,  

attachments, and other encumbrances.  You agree not to remove any proprietary  

notices and/or any labels from the Pre-Release Product and accompanying materials, if  

any (including but not limited to the engineering sample label), without prior written  

approval by Intel.   No license or right is granted to You directly or by implication,  

inducement, estoppel or otherwise. Intel shall have the right to inspect or have an  

independent auditor inspect Your relevant records to verify Your compliance with the  

terms and conditions of this license.   

   

  

RESTRICTION ON  MOVEMENT. You shall not lease, sublease, sell, rent, assign, or  

otherwise transfer, distribute or dispose of the Pre-Release Product and any  

accompanying materials.  You shall not remove, move, or relocate the Pre-Release  

Product, including any accompanying material, from its "Ship To Location" without prior  

written approval from Intel.   

  

RISK OF LOSS. Risk of loss or damage to the Pre-Release Product is transferred to You  

immediately upon delivery of the Pre-Release Product to You.    

  

CONFIDENTIALITY.  The Pre-Release Product, including the Pre-Release Software,  

contains confidential and/or proprietary information of Intel and is subject to the  


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Corporate Nondisclosure Agreement (CNDA) between You and Intel. Accordingly, You  

agree that You will not, nor will You authorize or permit any third party to, distribute,  

transfer, assign, sublicense, or otherwise disclose to any third party the Pre-Release  

Product or any part thereof or any other confidential or proprietary information of Intel  

provided in connection herewith, except as otherwise expressly provided in this  

Agreement.    

Without limiting the above, You  may disclose engineering samples (excluding evaluation  

boards and evaluation systems) that are included in the Pre-Release Product to third- 

party consultants or subcontractors ("Contractors") who agree to be bound by written  

non-disclosure terms that are no less restrictive than those set forth in this Agreement  

and the CNDA, provided that You will be liable for any breach of those terms by such  

Contractors.  You will not disclose the terms or existence of this Agreement or use  

Intel’s Name in any publications, advertisements, or other announcements without  

Intel’s prior written consent.  You do not have any rights to use Intel trademarks or  

logos.  

  

FEEDBACK.  To assist Intel in identifying problems with and making improvements to the  

Pre-Release Product, Intel invites Your feedback concerning any improvements,  

modifications, additional functionality, bugs, errors or other problems discovered during  

the course of Your evaluation or use of the Pre-Release Product.  Intel shall have  

unrestricted rights to use such feedback to improve or modify the Pre-Release Product.  

  

EXCLUSION OF WARRANTIES.  THE PRE-RELEASE PRODUCT IS NON-QUALIFIED AND, AS  

SUCH, IS PROVIDED "AS IS" AND POSSIBLY WITH FAULTS.  UNLESS EXPRESSLY AGREED  

OTHERWISE, INTEL DISCLAIMS ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS,  

IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF  

MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.   

Intel does not warrant or assume responsibility for the accuracy or completeness of any  

information, text, graphics, links or other items contained within the Pre-Release  

Software.  You assume all liability, financial or otherwise, associated with the use,  

distribution or other disposition of the Pre-Release Product.  

  

NO CERTIFICATIONS. Regulatory approvals for the Pre-Release Product (such as UL or  

FCC) have not been obtained, and the Pre-Release Product may therefore not be  

certified for use in certain countries.  

  

CHANGE, CANCELLATION.  The Pre-Release Product contains "alpha" or "beta"  

designated pre-release features, which may not be fully functional and which Intel may  

substantially modify in producing any "Pre-Release Production-level" version of the Pre- 

Release Product.  Intel can provide no assurance that it will ever produce or make  

generally available a "production-level" version of the Pre-Release Product.  

  

LIMITATION OF LIABILITY.   


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IN NO EVENT WILL INTEL OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER  

(INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST  

INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE,  

EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME  

JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED  

WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE  

LIMITATION MAY NOT APPLY TO YOU. YOU  MAY ALSO HAVE OTHER LEGAL RIGHTS THAT  

VARY FROM JURISDICTION TO JURISDICTION. THE SOFTWARE LICENSED HEREUNDER IS  

NOT DESIGNED OR INTENDED FOR USE IN ANY MEDICAL, LIFE SAVING OR LIFE  

SUSTAINING SYSTEMS, TRANSPORTATION SYSTEMS, NUCLEAR SYSTEMS, OR FOR ANY  

OTHER MISSION CRITICAL APPLICATION IN WHICH THE FAILURE OF THE SOFTWARE  

COULD LEAD TO PERSONAL INJURY OR DEATH. YOU WILL INDEMNIFY AND HOLD INTEL  

AND THE INTEL PARTIES HARMLESS AGAINST ALL CLAIMS, COSTS, DAMAGES, AND  

EXPENSES, AND REASONABLE ATTORNEY FEES ARISING OUT OF, DIRECTLY OR  

INDIRECTLY, THE DISTRIBUTION OF THE SOFTWARE AND ANY CLAIM OF PRODUCT  

LIABILITY, PERSONAL INJURY OR DEATH ASSOCIATED WITH ANY UNINTENDED USE,  

EVEN IF SUCH CLAIM ALLEGES THAT AN INTEL PARTY WAS NEGLIGENT REGARDING THE  

DESIGN OR MANUFACTURE OF THE SOFTWARE. THE LIMITED REMEDIES, WARRANTY  

DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF  

THE BARGAIN BETWEEN INTEL AND YOU. INTEL WOULD NOT BE ABLE TO PROVIDE THE  

SOFTWARE WITHOUT SUCH LIMITATIONS.  

  

TERMINATION, DUTY TO RETURN.  Unless otherwise agreed by Intel, upon expiration or  

other termination of this Agreement, You will immediately return the Pre-Release  

Product and destroy all copies of the Pre-Release Software to Intel.  Intel reserves the  

right to repossess any Pre-Release Product not timely returned or to charge a fee for  

failure to return.  

   

APPLICABLE LAW. Any claims arising under or relating to this Agreement will be  

governed by the internal substantive laws of the State of Delaware or federal courts  

located in Delaware, without regard to principles of conflict of laws. Each Party hereby  

agrees to jurisdiction and venue in the courts of the State of California for all disputes  

and litigation arising under or relating to this Agreement. You agree that the United  

Nations Convention on Contracts for the International Sale of Goods is specifically  

excluded from application to this Agreement. The Parties consent to the personal  

jurisdiction of the above courts. .    

  

ASSIGNMENT.  Neither this Agreement nor any rights or obligat ions hereunder may be  

assigned or delegated (whether by operation of law or otherwise) by You without Intel's  

prior written consent.  

  

WAIVER AND AMENDMENT.  No modification, amendment or waiver of any provision of  

this Agreement shall be effective unless i n writing and signed by an officer of Intel.  No  

failure or delay in exercising any right, power, or remedy under this Agreement shall  


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operate as a waiver of any such right, power or remedy.  Without limiting the foregoing,  

terms and conditions on any purchase orders or similar materials submitted by You to  

Intel, and any terms contained in Intel's standard acknowledgment form that are in  

conflict with these terms, shall be of no force or effect.  

  

SEVERABILITY.  If any provision of this Agreement is held by a court of competent  

jurisdiction to be contrary to law, such provision shall be changed and interpreted so as  

to best accomplish the objectives of the original provision to the fullest extent allowed  

by law and the remaining provisions of this Agreement shall remain in full force and  

effect.  

  

EXPORT RESTRICTIONS.  You acknowledge that the Pre-Release Product is subject to  

applicable import and export regulations of the United States and of the countries in  

which You transact business, specifically including U.S. Export Administration Act and  

Export Administration Regulations.  You shall comply with such laws and regulations, as  

well as all other laws and regulations applicable to the Pre-Release Product.  Without  

limiting the generality of the foregoing, You agree that You will not export, re-export,  

transfer or divert any of the Pre-Release Product or the direct Pre-Release Product  

thereof to any restricted place or party in accordance with U.S. export regulations.  Note  

that Pre-Release Product containing encryption may be subject to additional  

restrictions.  

  

THIRD PARTY SOFTWARE.  Third party software (e.g. - drivers, utilities, operating system  

components, etc.) which may be distributed with the Software hereunder will also be  

subject to the terms and conditions of any third party licenses which may be supplied  

with such third party software or in the end user documentation, and installation, use  

and/or further distribution by You or Your licensee will be subject to such third party  

licenses.  Some third party software and some of the Software components may be  

subject to open source license provisions, and installation, use and/or further  

distribution by You or Your licensee of such third party software and Software  

components are subject to the respective open source license under which it is  

provided.  Intel expressly disclaims liability of any kind with respect to installation, use  

or distribution by You of third party software.  

  

ADDITIONAL SOFTWARE NOTICES.  

  

  

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"  

AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE  

IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR  

PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR  

CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,  

EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,  

PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS;  


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OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,  

WHETHER IN CONTRACT, 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.  

  

Last revised June 13, 2014  

  

