| Last Modified On : | July 3, 2008 4:43 PM PDT |
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IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
Intel® Active Management Technology
Reference Design Kit
Do not copy, install or use this software and any associated materials (collectively, the “Software”) until you have carefully read the following terms and conditions. By copying, installing or using the Software, you agree to the terms of this Agreement. If you do not agree, do not copy, install or use the Software.
LICENSE TO INTEL COMPONENTS OF THE SOFTWARE: Subject to the terms, conditions and restrictions of this Agreement, Intel grants you a non-exclusive, world-wide, royalty-free copyright license (without the right to sublicense except solely for distribution of binary code to third parties) to reproduce and create derivative works of the Software, and distribute the Software and derivative works thereof solely in object code form in object code form to third parties, so long as any copyright notices and disclaimers included in or with the Software appear in all copies of the Software. Intel also grants you a non-exclusive, non-transferable license (without the right to sublicense) under those Intel patent claims that (a) are infringed by the Software (as delivered by Intel) and (b) Intel has the right to license, to make, use, sell, offer for sale, and import the Software and derivative works thereof solely to the minimum extent that is necessary for you to exercise your rights under the copyright license granted in the preceding sentence; provided that this patent license shall apply solely to those portions of the Software that are unmodified. Notwithstanding the foregoing, the Software contains some Intel components that are identified in, and licensed in accordance with the license.txt or file in the Software and such license shall apply in all respects to such identified Intel components.
LICENSE TO THIRD PARTY COMPONENTS INCLUDED IN THE SOFTWARE: The Software may contain the software and other property of third party suppliers (“Third Party Software”), some of which may be identified in, and are licensed in accordance with, the “license.txt” file or other text or file in the Software. Intel does not warrant such Third Party Software in any way and assumes no liability for your use of the Third Party Software. Please contact the distribution vendor for specific support.
NO OTHER LICENSE: Except as otherwise expressly provided, Intel grants no express or implied right under Intel patents, copyrights, trademarks, or other intellectual property rights.
RESTRICTIONS:
If you receive your first copy of the Software electronically, and a second copy on media, or visa versa, then you may use the second copy only in accordance with your applicable license stated in this Agreement, or for backup or archival purposes. You may not provide the second copy to another user.
You may not reverse-assemble, reverse-compile, or otherwise reverse-engineer any software provided solely in binary form.
Distribution of the Software is also subject to the following limitations: (i) you are solely responsible to your customers for any update or support obligation or other liability which may arise from the distribution, (ii) you may not make any statement that your product is "certified," or that its performance is guaranteed, by Intel, (iii) you may not use Intel's name or trademarks to market your product without the prior written permission of Intel, (iv) You shall prohibit disassembly and reverse engineering of the Software and (v) agree to 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 distribution of the Software..
This Agreement provides you with a single user license. This means you as an individual may install and use the Software on an unlimited number of computers provided that you are the only individual using the Software and only one copy of the Software is in use at any one time. A separate license is required for each additional use and/or individual user in all other cases. If you are an entity, Intel grants you the right to designate one individual within your organization to have the sole right to use the Software in the manner provided above.
OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software remains with Intel or its suppliers. The Software is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. You may not remove any copyright notices from the Software. Intel may make changes to the Software, or to items referenced therein, at any time without notice, but is not obligated to support or update the Software. You may transfer the Software only if the recipient agrees to be fully bound by these terms and if you retain no copies of the Software.
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. In addition, Intel does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software.
LIMITATION OF LIABILITY. IN NO EVENT SHALL 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. Because some JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement at any time if you violate its terms. Upon termination, you will immediately destroy the Software or return all copies of the Software to Intel.
APPLICABLE LAWS. Claims arising under this Agreement shall be governed by the laws of Delaware, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. You may not export the Software in violation of applicable export laws and regulations.
GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to re strictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Software by the Government constitutes acknowledgment of Intel's proprietary rights therein.