diff --git a/LICENSE b/LICENSE deleted file mode 100644 index 205b17fd884717299abffca783d60c67535c3e6b..0000000000000000000000000000000000000000 --- a/LICENSE +++ /dev/null @@ -1,360 +0,0 @@ -INTEL PROPRIETARY SOFTWARE LICENSE AGREEMENT - -DO NOT DOWNLOAD, INSTALL, ACCESS, COPY, OR USE ANY PORTION OF THE SOFTWARE UNTIL -YOU HAVE READ AND ACCEPTED THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY -INSTALLING, COPYING, ACCESSING, OR USING THE SOFTWARE, YOU AGREE TO BE LEGALLY -BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. If You do not agree to be -bound by, or the entity for whose benefit You act has not authorized You to -accept, these terms and conditions, do not install, access, copy, or use the -Software and destroy all copies of the Software in Your possession. - -This SOFTWARE LICENSE AGREEMENT (this “Agreement”) is entered into between -Intel Corporation, a Delaware corporation (“Intel”) and You. “You” -refers to you or your employer or other entity for whose benefit you act, as -applicable. If you are agreeing to the terms and conditions of this Agreement on -behalf of a company or other legal entity, you represent and warrant that you -have the legal authority to bind that legal entity to the Agreement, in which -case, "You" or "Your" shall be in reference to such entity. Intel and You are -referred to herein individually as a “Party” or, together, as the -“Parties”. - -The Parties, in consideration of the mutual covenants contained in this -Agreement, and for other good and valuable consideration, the receipt and -sufficiency of which they acknowledge, and intending to be legally bound, agree -as follows: - -1. PURPOSE. You seek to obtain, and Intel desires to provide You, under the -terms of this Agreement, Software for: - -(A) Your internal efforts to develop or to test and evaluate products -integrating Intel hardware and Intel software. “Software” refers to certain -software or other collateral, including, but not limited to, related components, -operating system, application program interfaces, device drivers, associated -media, printed or electronic documentation and any updates or releases thereto -associated with Intel product(s), software or service(s). “Intel-based -product” refers to a device that includes, incorporates, or implements Intel -product(s), software or service(s). - -(B) Your efforts to develop, or have developed, and distribute products -integrating Intel hardware and Intel software. “Software” refers to certain -software or other collateral, including, but not limited to, related components, -operating system, application program interfaces, device drivers, associated -media, printed or electronic documentation and any updates, upgrades or releases -thereto associated with Intel product(s), software or service(s). “Intel-based -product” refers to a device that includes, incorporates, or implements Intel -product(s), software or service(s). - -2. LIMITED LICENSE. Conditioned on Your compliance with the terms and conditions -of this Agreement, Intel grants to You a limited, nonexclusive, nontransferable, -revocable, worldwide, fully paid-up license during the term of this Agreement, -without the right to sublicense (except to your sub-contractors), under -Intel’s copyrights (subject to any third party licensing requirements), in -each case only for the Purpose described in Section 1, to: - -(A) internally prepare, or have prepared by your sub-contractor, derivative -works (as defined in 17 U.S.C. § 101 et seq.) of the Software -(“Derivatives”), if provided or otherwise made available by Intel in source -code form, and reproduce the Software, including Derivatives. You remain fully -liable to Intel for the actions and inactions of Your sub- contractors. - -(B) display and perform an object code representation of the Software including -Your Derivatives to Your customers or partners, with a need to know, only for -demonstration and when integrated with and executed by Your Intel-based product -or Intel hardware provided by Intel and subject to Your customers or partners -entering a written confidentiality agreement in accordance with Section 7 -(Confidentiality) herein; - -(C) reproduce, display, and publicly perform an object code representation of -the Software, including Your Derivatives, in each case only when integrated with -and executed by an Intel-based product, subject to any third party licensing -requirements; and - -(D) distribute an object code representation of the Software, provided by Intel, -or of any Derivatives created by You, solely as embedded in or for execution on -an Intel-based product, and if to an end user, pursuant to a license agreement -with terms and conditions at least as restrictive as those contained in the -Intel End User Software License Agreement in Appendix A to this Agreementr. - -If You are not the final manufacturer or vendor of an Intel-based product -incorporating or designed to incorporate the Software, You may transfer a copy -of the Software, including any Derivatives (and related end user documentation) -created by You to Your Original Equipment Manufacturer (OEM), Original Device -Manufacturer (ODM), distributors, or system integration partners (“Your -Partner”) for use in accordance with the terms and conditions of this -Agreement, provided Your Partner agrees to be fully bound by the terms hereof -and provided that You will remain fully liable to Intel for the actions and -inactions of Your Partner(s). - -3. LICENSE RESTRICTIONS. All right, title and interest in and to the Software -and associated documentation are and will remain the exclusive property of Intel -and its licensors or suppliers. Unless expressly permitted under the Agreement, -You will not, and will not allow any third party to (i) use, copy, distribute, -sell or offer to sell the Software or associated documentation; (ii) modify, -adapt, enhance, disassemble, decompile, reverse engineer, change or create -derivative works from the Software except and only to the extent as specifically -required by mandatory applicable laws or any applicable third party license -terms accompanying the Software; (iii) use or make the Software available for -the use or benefit of third parties; (iv) use the Software on Your products -other than those that include the Intel silicon product(s), platform(s), or -software identified in the Software; or (v) publish or provide any Software -benchmark or comparison test results. You acknowledge that an essential basis of -the bargain in this Agreement is that Intel grants You no licenses or other -rights including, but not limited to, patent, copyright, trade secret, -trademark, trade name, service mark or other intellectual property licenses or -rights with respect to the Software and associated documentation, by -implication, estoppel or otherwise, except for the licenses expressly granted -above. You acknowledge there are significant uses of the Software in its -original, unmodified and uncombined form. You may not remove any copyright -notices from the Software. - -4. LICENSE TO FEEDBACK. This Agreement does not obligate You to provide Intel -with materials, information, comments, suggestions, Your Derivatives or other -communication regarding the features, functions, performance or use of the -Software (“Feedback”). If any portion of the Software is provided or -otherwise made available by Intel in source code form, to the extent You provide -Intel with Feedback in a tangible form, You grant to Intel and its affiliates a -non-exclusive, perpetual, sublicenseable, irrevocable, worldwide, royalty-free, -fully paid-up and transferable license, to and under all of Your intellectual -property rights, whether perfected or not, to publicly perform, publicly -display, reproduce, use, make, have made, sell, offer for sale, distribute, -import, create derivative works of and otherwise exploit any comments, -suggestions, descriptions, ideas or other feedback regarding the Software -provided by You or on Your behalf. - -5. OPEN SOURCE STATEMENT. The Software may include Open Source Software (OSS) -licensed pursuant to OSS license agreement(s) identified in the OSS comments in -the applicable source code file(s) and/or file header(s) provided with or -otherwise associated with the Software. Neither You nor any Original Equipment -Manufacturing, Original Device Manufacturing, customer, or distributor may -subject any proprietary portion of the Software to any OSS license obligations -including, without limitation, combining or distributing the Software with OSS -in a manner that subjects Intel, the Software or any portion thereof to any OSS -license obligation. Nothing in this Agreement limits any rights under, or grants -rights that supersede, the terms of any applicable OSS license. - -6. THIRD PARTY SOFTWARE. Certain third party software provided with or within -the Software may only be used (a) upon securing a license directly from the -software owner or (b) in combination with hardware components purchased from -such third party and (c) subject to further license limitations by the software -owner. A listing of any such third party limitations is in one or more text -files accompanying the Software. You acknowledge Intel is not providing You with -a license to such third party software and further that it is Your -responsibility to obtain appropriate licenses from such third parties directly. - -7. CONFIDENTIALITY. The terms and conditions of this Agreement, exchanged -confidential information, as well as the Software are subject to the terms and -conditions of the Non-Disclosure Agreement(s) and/or Intel Pre-Release Loan -Agreement(s) (referred to herein collectively or individually as “NDA”) -entered into by and in force between Intel and You, and in any case no less -confidentiality protection than You apply to Your information of similar -sensitivity. If You would like to have a contractor perform work on Your behalf -that requires any access to or use of Software, You must obtain a written -confidentiality agreement from the contractor which contains terms and -conditions with respect to access to or use of Software no less restrictive than -those set forth in this Agreement, excluding any distribution rights and use for -any other purpose, and You will remain fully liable to Intel for the actions and -inactions of those contractors. You may not use Intel's name in any -publications, advertisements, or other announcements without Intel's prior -written consent. - -8. NO OBLIGATION; NO AGENCY. Intel may make changes to the Software, or items -referenced therein, at any time without notice. Intel is not obligated to -support, update, provide training for, or develop any further version of the -Software or to grant any license thereto. No agency, franchise, partnership, -joint-venture, or employee-employer relationship is intended or created by this -Agreement. - -9. EXCLUSION OF WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS -OR IMPLIED WARRANTY OF ANY KIND INCLUDING 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 within the Software. - -10. LIMITATION OF LIABILITY. IN NO EVENT WILL INTEL OR ITS AFFILIATES, LICENSORS -OR SUPPLIERS (INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND -AGENTS) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, -LOST PROFITS, BUSINESS INTERRUPTION, OR LOST DATA) ARISING OUT OF OR IN RELATION -TO THIS AGREEMENT, INCLUDING 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 IN PART NOT -APPLY TO YOU. 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 MAY ALSO -HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE LIMITED -REMEDIES, WARRANTY DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF -THE BASIS OF THE BARGAIN BETWEEN INTEL AND YOU. YOU ACKNOWLEDGE INTEL WOULD BE -UNABLE TO PROVIDE THE SOFTWARE WITHOUT SUCH LIMITATIONS. - -11. TERMINATION AND SURVIVAL. Intel may terminate this Agreement for any reason -with thirty (30) days’ notice and immediately if You or someone acting on Your -behalf or at Your behest violates any of its terms or conditions. Upon -termination, You will immediately destroy and ensure the destruction of the -Software or return all copies of the Software to Intel (including providing -certification of such destruction or return back to Intel). Upon termination of -this Agreement, all licenses granted to You hereunder terminate immediately. All -Sections of this Agreement, except Section 2, will survive termination. - -12. GOVERNING LAW AND JURISDICTION. This Agreement and any dispute arising out -of or relating to it will be governed by the laws of the U.S.A. and Delaware, -without regard to conflict of laws principles. The Parties exclude the -application of the United Nations Convention on Contracts for the International -Sale of Goods (1980). The state and federal courts sitting in Delaware, U.S.A. -will have exclusive jurisdiction over any dispute arising out of or relating to -this Agreement. The Parties consent to personal jurisdiction and venue in those -courts. A Party that obtains a judgment against the other Party in the courts -identified in this section may enforce that judgment in any court that has -jurisdiction over the Parties. - -13. EXPORT REGULATIONS/EXPORT CONTROL. You agree that neither You nor Your -subsidiaries will export/re-export the Software, directly or indirectly, to any -country for which the U.S. Department of Commerce or any other agency or -department of the U.S. Government or the foreign government from where it is -shipping requires an export license, or other governmental approval, without -first obtaining any such required license or approval. In the event the Software -is exported from the U.S.A. or re-exported from a foreign destination by You or -Your subsidiary, You will ensure that the distribution and export/re-export or -import of the Software complies with all laws, regulations, orders, or other -restrictions of the U.S. Export Administration Regulations and the appropriate -foreign government. - -14. GOVERNMENT RESTRICTED RIGHTS. The Software is a commercial item (as defined -in 48 C.F.R. 2.101) consisting of commercial computer software and commercial -computer software documentation (as those terms are used in 48 C.F.R. 12.212). -Consistent with 48 C.F.R. 12.212 and 48 C.F.R 227.7202-1 through 227.7202-4, You -will not provide the Software to the U.S. Government. Contractor or Manufacturer -is Intel Corporation, 2200 Mission College Blvd., Santa Clara, CA 95054. - -15. ASSIGNMENT. You may not delegate, assign or transfer this Agreement, the -license(s) granted or any of Your rights or duties hereunder, expressly, by -implication, by operation of law, or otherwise and any attempt to do so, without -Intel’s express prior written consent, will be null and void. Intel may -assign, delegate and transfer this Agreement, and its rights and obligations -hereunder, in its sole discretion. - -16. ENTIRE AGREEMENT; SEVERABILITY. The terms and conditions of this Agreement -and any NDA with Intel constitute the entire agreement between the Parties with -respect to the subject matter hereof, and merge and supersede all prior or -contemporaneous agreements, understandings, negotiations and discussions. -Neither Party will be bound by any terms, conditions, definitions, warranties, -understandings, or representations with respect to the subject matter hereof -other than as expressly provided herein. In the event any provision of this -Agreement is unenforceable or invalid under any applicable law or applicable -court decision, such unenforceability or invalidity will not render this -Agreement unenforceable or invalid as a whole, instead such provision will be -changed and interpreted so as to best accomplish the objectives of such -provision within legal limits. - -17. WAIVER. The failure of a Party to require performance by the other Party of -any provision hereof will not affect the full right to require such performance -at any time thereafter; nor will waiver by a Party of a breach of any provision -hereof constitute a waiver of the provision itself. - -18. PRIVACY. YOUR PRIVACY RIGHTS ARE SET FORTH IN INTEL’S PRIVACY NOTICE, -WHICH FORMS A PART OF THIS AGREEMENT. PLEASE REVIEW THE PRIVACY NOTICE AT -HTTP://WWW.INTEL.COM/PRIVACY TO LEARN HOW INTEL COLLECTS, USES AND SHARES -INFORMATION ABOUT YOU. - -APPENDIX A - -INTEL END USER SOFTWARE LICENSE AGREEMENT - -IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING. - -THE FOLLOWING NOTICE, OR TERMS AND CONDITIONS SUBSTANTIALLY IDENTICAL IN NATURE -AND EFFECT, MUST APPEAR IN THE DOCUMENTATION ASSOCIATED WITH THE INTEL-BASED -PRODUCT INTO WHICH THE SOFTWARE IS INSTALLED. MINIMALLY, SUCH NOTICE MUST APPEAR -IN THE USER GUIDE FOR THE PRODUCT. THE TERM “LICENSEE” IN THIS TEXT REFERS -TO THE END USER OF THE PRODUCT. - -LICENSE. Licensee has a license under Intel’s copyrights to reproduce -Intel’s Software only in its unmodified and binary form, (with the -accompanying documentation, the “Software”) for Licensee’s personal use -only, and not commercial use, in connection with Intel-based products for which -the Software has been provided, subject to the following conditions: - -(a) Licensee may not disclose, distribute or transfer any part of the Software, -and You agree to prevent unauthorized copying of the Software. - -(b) Licensee may not reverse engineer, decompile, or disassemble the Software. - -(c) Licensee may not sublicense the Software. - -(d) The Software may contain the software and other intellectual property of -third party suppliers, some of which may be identified in, and licensed in -accordance with, an enclosed license.txt file or other text or file. - -(e) Intel has no obligation to provide any support, technical assistance or -updates for the Software. - -OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software -remains with Intel or its licensors or suppliers. The Software is copyrighted -and protected by the laws of the United States and other countries, and -international treaty provisions. Licensee may not remove any copyright notices -from the Software. Except as otherwise expressly provided above, Intel grants no -express or implied right under Intel patents, copyrights, trademarks, or other -intellectual property rights. Transfer of the license terminates Licensee’s -right to use the Software. - -DISCLAIMER OF WARRANTY. The Software is provided “AS IS” without warranty of -any kind, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF -MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. - -LIMITATION OF LIABILITY. NEITHER INTEL NOR ITS LICENSORS OR SUPPLIERS WILL BE -LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR -INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER -UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF INTEL HAS BEEN ADVISED OF THE -POSSIBILITY OF SUCH DAMAGES. - -LICENSE TO USE COMMENTS AND SUGGESTIONS. This Agreement does NOT obligate -Licensee to provide Intel with comments or suggestions regarding the Software. -However, if Licensee provides Intel with comments or suggestions for the -modification, correction, improvement or enhancement of (a) the Software or (b) -Intel products or processes that work with the Software, Licensee grants to -Intel a non-exclusive, worldwide, perpetual, irrevocable, transferable, -royalty-free license, with the right to sublicense, under Licensee’s -intellectual property rights, to incorporate or otherwise utilize those comments -and suggestions. - -TERMINATION OF THIS LICENSE. Intel or the sublicensor may terminate this license -at any time if Licensee is in breach of any of its terms or conditions. Upon -termination, Licensee will immediately destroy or return to Intel all copies of -the Software. - -THIRD PARTY BENEFICIARY. Intel is an intended beneficiary of the End User -License Agreement and has the right to enforce all of its terms. - -U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is a commercial item (as defined -in 48 C.F.R. 2.101) consisting of commercial computer software and commercial -computer software documentation (as those terms are used in 48 C.F.R. 12.212), -consistent with 48 C.F.R. 12.212 and 48 C.F.R 227.7202-1 through 227.7202-4. You -will not provide the Software to the U.S. Government. Contractor or Manufacturer -is Intel Corporation, 2200 Mission College Blvd., Santa Clara, CA 95054. - -EXPORT LAWS. Licensee agrees that neither Licensee nor Licensee’s subsidiaries -will export/re-export the Software, directly or indirectly, to any country for -which the U.S. Department of Commerce or any other agency or department of the -U.S. Government or the foreign government from where it is shipping requires an -export license, or other governmental approval, without first obtaining any such -required license or approval. In the event the Software is exported from the -U.S.A. or re-exported from a foreign destination by Licensee, Licensee will -ensure that the distribution and export/re-export or import of the Software -complies with all laws, regulations, orders, or other restrictions of the U.S. -Export Administration Regulations and the appropriate foreign government. - -APPLICABLE LAWS. This Agreement and any dispute arising out of or relating to it -will be governed by the laws of the U.S.A. and Delaware, without regard to -conflict of laws principles. The Parties to this Agreement exclude the -application of the United Nations Convention on Contracts for the International -Sale of Goods (1980). The state and federal courts sitting in Delaware, U.S.A. -will have exclusive jurisdiction over any dispute arising out of or relating to -this Agreement. The Parties consent to personal jurisdiction and venue in those -courts. A Party that obtains a judgment against the other Party in the courts -identified in this section may enforce that judgment in any court that has -jurisdiction over the Parties. - -Licensee’s specific rights may vary from country to country. - -Intel and the Intel logo are registered trademarks of Intel Corporation or its -subsidiaries in the U.S. and/or other countries.