Extensible Firmware Interface Disk utilities download agreement
Before downloading the EFI Driver Writer's Guide or sending us feedback on it, you must accept the following agreement:
INTEL SOFTWARE LICENSE AGREEMENT FOR THE MICROSOFT EFI UTILITIES
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
Do not use or download the EFI Utilities Software and any associated materials (collectively, the "Software") until you have carefully read the following terms and conditions. By downloading and/or using the Software, you agree to the terms of this Agreement. If you do not wish to so agree, do not install or use the Software.
- Microsoft EFI Utilities: The term "Microsoft EFI Utilities" shall mean the Guided Partition Table utilities Diskpart (Disk partitioning utility), Efifmt (EFI Format utility) and Efichk (EFI Check Disk utility) stored in a file named GPT_UTIL.zip.
- Complete EFI Specification: The term "Complete EFI Specification" shall mean any specification that Intel makes publicly available under that title at developer.intel.com or otherwise publicly available under that title.
- EFI Implementation: The term "EFI Implementation" shall mean a conformant implementation of the Complete EFI Specification.
LICENSE. You may copy the Software onto your organization's computers for your organization's use, and you may make a reasonable number of back-up copies of the Software, subject to these conditions:
- You may not copy, modify, rent, sell, distribute, sublicense or transfer any part of the Software except as provided in this Agreement, and you agree to prevent unauthorized copying of the Software.
- You may not sublicense the Software except as provided for in this Agreement.
- The Software may include portions offered on terms in addition to those set out here, as set out in a license accompanying those portions.
- You may use the Software for your internal use and to create derivative works only to read and/or write to a file system that a) implements the EFI FAT32 File System Specification part of the Complete EFI Specification and b) is directly managed by an EFI Implementation or by an emulator of an EFI Implementation.
- Once the Complete EFI Specification is made publicly available by Intel, you may distribute through multiple tiers of distribution the Software and all licensed derivative works that you are licensed to create under section 4, provided that the Software and the licensed derivative works are subject to the licensed restrictions set forth in section 4.
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. Except as otherwise expressly provided, Intel grants no express or implied right under Intel patents, copyrights, trademarks, or other intellectual property rights. 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.
COVENANT The following definitions shall apply to the following covenant:
- Necessary Claims: The term "Necessary Claims" shall mean claims of a patent or patent application which (i) are owned or licensable by a Party without payment of consideration to an unaffiliated third party; and (ii) have an effective filing date on or before December 31, 2010, that must be infringed in order to make a portion(s) of a product that complies with such Party's Respective Specification(s). "Necessary Claims" do not include claims relating to semiconductor manufacturing technology or microprocessor circuits or claims not required to be infringed in complying with the Complete EFI Specification(s) (even if in the same patent as Necessary Claims).
- Control: The term "Control" shall mean the power, whether direct or indirect, to direct or cause the direct of the management or policies of any entity whether through the ownership of voting securities, by contract or otherwise.
- Initiates: The term "Initiates" means that You are the first (as between Intel and You ) to file or institute any legal or administrative claim or action for patent infringement against Intel, any of its customers, distributors or Covenantees, or any customers or distributors of Covenantees. To remove any doubt, "Initiates" includes any situation in which a Covenantee Party files or initiates a legal or administrative claim or action for patent infringement solely as a counterclaim or equivalent in response to Intel first filing or instituting a legal or administrative patent infringement claim against such Covenantee Party.
- Affiliate: The term "Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with a Party or Covenantee, as applicable. Effective upon Intel publishing the Complete EFI Specification, Intel will grant to all third parties who seek to implement the Complete EFI Specification(s), (collectively "Covenantees"), a nonexclusive, royalty-free, non-transferable, non-sublicensable, worldwide, reciprocal covenant not to sue, subject to compliance with the further limitation on the covenant not to sue set forth below: under Intel's Necessary Claims solely to make, have made, use, import, and directly and indirectly, offer to sell, sell and otherwise distribute and dispose of portions of products that comply with the Complete EFI Specification; provided that such covenant not to sue shall not extend to any part or function of a product which are not required to comply with the Complete EFI Specification or to which there was a commercially reasonable alternative to infringing a Necessary Claim.
The covenant not to sue described herein which will be granted by Intel to a Covenantee, shall not extend to the Covenantee's use of any portion of such Covenantee's Respective Specification for any purpose other than (a) to create portions of an operating system (i) only as necessary to adapt such operating system so that it can directly interact with a firmware implementation of the Complete EFI Specification; or (ii) only as necessary to emulate an implementation of the Complete EFI Specification; and (b) to create firmware, applications, utilities and/or drivers that will be used and/or licensed for only the following purposes: (i) to install, repair and maintain hardware, firmware and portions of operating system software which are utilized in the boot process; (ii) to provide to an operating system runtime services that are specified in the Complete EFI Specification; (iii) to diagnose and correct failures in the hardware, firmware or operating system software; (iv) to query for identification of a computer system (whether by serial numbers, asset tags, user or otherwise); (v) to perform inventory of a computer system; and (vi) to manufacture, install and setup any hardware, firmware or operating system software. The covenant not to sue shall be unavailable to any Covenantee and shall terminate with respect to a Covenantee in the event any such Covenantee or any Affiliate thereof (collectively "Covenantee Party") "Initiates" any action for patent infringement against: (i) Intel or any of its Affiliates (collectively "Granting Party"), (ii) any customers, distributors or Covenantees of the Granting Party; or (iii) any customers or distributors of Covenantees, which action is based on a conformant implementation of the Complete EFI Specification.
The covenants granted under this section or the suspension thereof shall have no effect on any patent license that you may have with Intel.
LIMITED MEDIA WARRANTY. If the Software has been delivered by Intel on physical media, Intel warrants the media to be free from material physical defects for a period of ninety days after delivery by Intel. If such a defect is found, return the media to Intel for replacement or alternate delivery of the Software as Intel may select.
USER SUBMISSIONS. Any material, information or other communication, including all data, images, sounds, text, and other things embodied therein, you transmit or post to an Intel website, or otherwise provide to Intel, will be considered non-confidential and non-proprietary ("Communications"). Intel will have no obligations with respect to the Communications. Intel and its designees will be free 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, including derivative works thereto, for any and all commercial or non-commercial purposes. You represent and warrant that you have the right to grant Intel the rights embodied in this paragraph for any Communications.
EXCLUSION OF OTHER WARRANTIES. EXCEPT AS PROVIDED ABOVE, 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 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 PROF-ITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR IN-ABILITY TO USE THE SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITA-TION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITA-TION 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 California, 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. Intel is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Intel.
GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions 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. Contractor or Manufacturer is Intel Corporation, 2200 Mission College Blvd., Santa Clara, CA 95052.
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