Terms and Conditions - Privileged
If you are granted Registered Privileged User access to the Resource and Design Center, these Terms and Conditions ("Terms and Conditions") constitute a legal agreement by and between Your Company (hereafter "You", "Your" or "Your Company") and Intel Corporation and its subsidiaries ("Intel").
Read these Terms and Conditions carefully. If you agree, click "I ACCEPT". If you do not agree, click "I DO NOT ACCEPT". Please read the Privacy Statement (located at: https://www.intel.com/content/www/us/en/privacy/intel-privacy-notice.html) that describes how the enrollment form will be used and treated.
Your acceptance of these Terms and Conditions does not obligate Intel to grant you Registered Privileged User access to the Resource and Design Center. To be granted access, you must submit a completed enrollment form, already be associated with or otherwise qualify for and enter into a valid Company Non-Disclosure Agreement (“CNDA”) and accept these Terms and Conditions.
1.0 Definitions
1.1 "Active Date" means the date that Intel provides you electronic notification of your acceptance as a Registered Privileged User of the Resource and Design Center. Once Registered Privileged User access is established, these Terms and Conditions are effective for a year from click-to-accept date
1.2 "Intel" means Intel Corporation and its designated subsidiaries and affiliates.
1.3 "User Benefits" mean the benefits described at: https://www.intel.com/content/www/us/en/legal/terms-of-use.html, which may be modified from time to time, at Intel’s sole discretion.
1.4 "User Qualifications" mean the qualifications for membership described at: https://www.intel.com/content/www/us/en/legal/terms-of-use.html, which may be modified from time to time, at Intel’s sole discretion.
1.5 "Probation" means a 90-day period during which some or all Program Benefits may not be available; refer to Sections 8.3 and 8.4 herein.
2.0 Partner and Agency Disclaimer
You acknowledge that the use of the word "Partner" is a commonly used term in the technology industry to designate a marketing relationship between otherwise unaffiliated companies, and is used in accordance with this common usage herein. These Terms and Conditions, and the use of the word "Partner" herein, shall not be deemed to nor is it intended to create a partnership, agency, distribution, joint venture or other similar arrangement between the parties, and the employees, agents and representatives of one party shall not be deemed to be employees, agents or representatives of the other. Each party shall be deemed to be an independent contractor and shall have no authority to bind the other party. Neither You nor Intel is authorized to create any obligation, express or implied, on behalf of the other. Without limiting the foregoing, you acknowledge that use of the term "Partner" in Resource and Design Center materials does not constitute or imply a legal partnership or fiduciary relationship between the parties.
3.0 User Levels
There are two user levels in the Resource and Design Center (individually referred to by their title, or collectively referred to as the "Resource and Design Center User Levels"). Qualifications for these levels can be found at: http://www.intel.com/content/www/us/en/design/support/account-support.html
(i) Registered User
(ii) Registered Privileged User
4.0 Program Terminology
As a User in the Resource and Design Center, You may only use the Resource and Design Center name and Your level designation in text or speech in the following approved ways:
4.1 When referring to the Program:
Resource and Design Center
4.2 When referring to the Program, after first occurrence:
Resource and Design Center
4.3 When referring to the Program and level together:
Resource and Design Center, Registered Privileged User
5.0 Your Obligations for Membership
5.1 Comply with Terms and Conditions: You agree to comply with these Terms and Conditions, and any other terms and conditions that Intel makes available as part of or in connection with the Resource and Design Center.
5.2 Profile Information: At least once per year you must verify and update Your Company profile information that Your Company has on file with Intel. To update Your Company profile information, log into the Resource and Design Center website http://www.intel.com/design and navigate to "My Account".
5.3 Email Verification: At least once per year, upon Intel’s request, you must re-validate Your email address associated with Your Company. 5.4 Connectivity. You agree to:
(i) maintain an email address for Your Company;
(ii) maintain the ability to access Intel websites;
(iii) keep secure any password used to access the Intel website and use it only for Your own authorized access to such website; and
(iv) receive all email that Intel sends to You or Your Company as a user of the Resource and Design Center.
6.0 Program Benefits and Services
From time to time, Intel may offer benefits or services to users of the Resource and Design Center. Benefits or services may be governed by separate guidelines, rules, or other terms and conditions. The guidelines, rules, or terms and conditions for a particular benefit or service shall govern that particular benefit or service.
7.0 Confidential Information
Intel’s "Confidential Information" includes:
(i) tangible information of Intel’s that is labeled "confidential" or "Intel Confidential", and
(ii) oral communicated information that relates to or is embodied in a tangible document that is labeled as stated in (i).
At all times, title or the right to possess Confidential Information remains with Intel. Confidential Information may be accessible to active Registered Privileged Users who have accepted these Terms and Conditions. The terms below control Intel’s Confidential Information disclosed through the Resource and Design Center and survive termination or expiration of these Terms and Conditions and your status as a Registered Privileged User. You agree to do and/or comply with the following terms:
7.1 Maintain Confidential Information. Maintain Confidential Information with at least the same degree of care that You use to protect Your Company’s own confidential and proprietary information, but with at least a reasonable degree of care under the circumstances.
7.2 No Disclosure. Do not disclose any Confidential Information to any third parties except to Your Company employees who have a need to know the information to do their jobs. Before disclosing Confidential Information to Your Company’s employees, train them on these contractual obligations of confidentiality and obtain their agreement to comply with them. You are responsible for compliance of Your Company’s employees with these contractual obligations.
7.3 Copies. Do not make copies of Confidential Information except as necessary for Your Company employees that have a need to know; all copies must be marked "Intel Confidential".
7.4 Duration. Maintain the confidentiality of Confidential Information unless it is:
(i) rightfully in the public domain,
(ii) rightfully received from a third party without any obligation of confidentiality,
(iii) rightfully known to You without any limitation on use or disclosure prior to its receipt from Intel, or
(iv) generally made available to others by Intel without restriction on disclosure.
You agree to return or destroy all or part of Confidential Information, including any copies, at Intel’s request, and confirm Your compliance with such request.
8.0 Term, Changes, and Termination
8.1 Term. These Terms and Conditions will be effective from the "Active Date." You will receive electronic notice from Intel stipulating the date your Registered Privileged User status becomes active ("Active Date") within the applicable calendar year. Your User status will expire a year from Active Date, unless earlier terminated pursuant to Section 8.5 below. Annually, Intel will review your User status and may automatically extend the term for an additional year on the condition that you review, correct, and resubmit updated information requested by Intel and re-validate Your email address associated with Your Company
8.2 Changes to Resource and Design Center. At any time after providing notice, Intel in its sole discretion may:
(i) add new Resource and Design Center User levels,
(ii) cancel all or any of the Resource and Design Center User levels, or
(iii) change, modify, or discontinue part or all of the Resource and Design Center, benefits, or services.
You shall review these Terms and Conditions at least once a year or sooner if Intel notifies You of a change in the Terms and Conditions. You agree that Your continuing participation in, or access to, the Resource and Design Center after any changes or modifications constitutes Your acceptance of the Terms and Conditions as modified.
8.3 Probation. Intel may place You on Probation if:
(i) You fail to maintain adherence to these Terms and Conditions.
(ii) You fail to submit an updated annual User profile or validate Your email address associated with Your Company.
8.4 Definition of Probation. Probation is a period of time of up to 90 days during which you may not be eligible for Registered Privileged User benefits. During this period you must take action to correct deficiencies brought to your attention. If deficiencies continue at the end of the probation period, Your access may be terminated. Application for re-entry to the Resource and Design Center will be at Intel’s sole discretion.
8.5 Terminate or Change Access. Intel may terminate Your access in the Resource and Design Center, or change Your access from one level to another at any time with or without advance notice, with or without cause, in Intel’s sole discretion. If Intel revokes or declines to renew your password, such revocation or declination constitutes termination. Conduct that constitutes cause for termination includes, but is not limited to:
(i) Enrollment forms contains incorrect or falsified information;
(ii) Obtaining or attempting to obtain access, benefits or services through deceptive, fraudulent or other illegal means;
(iii) Failure to comply with any of the access requirements;
(iv) Breaching or failing to comply with any provision of these Terms and Conditions (e.g., failure to update your business profile); or
(v) Failure to comply with any other provisions applicable to You as a Registered Privileged User in the Resource and Design Center.
8.6 Terminate Access. You may voluntarily terminate your access at any time by visiting “My Profile” at https://www-ssl.intel.com/content/www/us/en/secure/profile/my-intel.html
Or contact Intel Customer Support at: https://www.intel.com/content/www/us/en/support/contact-support.html
8.7 Effect of Termination. Upon termination, all rights granted under these Terms and Conditions shall immediately terminate.
8.8 Upgrade. On a monthly basis You can apply to upgrade Your access from Registered User to Registered Privileged User. All upgrades are subject to the access criteria in effect at that time for the new access level and Intel determines in its sole discretion that an adequate business justification exists for an upgrade.
8.9 Downgrade. ON AN ANNUAL BASIS, IF YOU NO LONGER MEET THE MINIMUM REQUIRED CRITERIA FOR CURRENT LEVEL, YOU WILL NOT BE RENEWED AT YOUR CURRENT ACCESS LEVEL, AND YOU WILL BE RE-ASSIGNED, OR DOWNGRADED, TO THE APPROPRIATE QUALIFYING LEVEL OF ACCESS WITHOUT NOTICE. YOU WILL STILL BE REQUIRED TO MEET THE DOWNGRADED LEVELS REQUIREMENTS (e.g., UPDATE YOUR PROFILE).
9.0 Other Terms, Conditions and Notices
9.1 No Endorsement. You acknowledge that Intel makes no claims on behalf of Your Company as to the quality of products or services You offer. You shall make no claims that Intel endorses Your products or services.
9.2 Member Web Site and Password. You must have a password to access certain parts of the Resource and Design Center website. You shall keep Your password secure and confidential and use it only for Your authorized access to the Resource and Design Center website. You are solely responsible for all activities that occur with Your password. You shall notify Intel immediately of any actual or suspected unauthorized use of Your password. Intel is not responsible for any consequences that result from any unauthorized use of Your password. Direct any questions or problems with Your password or the website https://www.intel.com/content/www/us/en/support/contact-support.html
9.3 Counterfeit and Remarked Products. You will not alter the functionality of, over clock, or remark any Intel product. You will not purchase, use, sell, broker, or promote the sale of remarked, altered, or counterfeit Intel products. Any product returned to Intel that Intel believes has been altered in an unlawful manner may be delivered to law enforcement authorities for prosecution. You shall not repackage an Intel product or any other product in Intel product packaging for resale, nor will You alter or tamper with any Intel product packaging.
9.4 Content and Software Available on Intel’s Web Sites. Intel maintains a website for the Resource and Design Center. Software that may be downloaded from an Intel website is the copyrighted work of Intel or its suppliers. You agree to use any such software in compliance with the terms of an end user license agreement, if any.
9.5 Privacy Statement. At certain times, Intel may work with other technology ecosystem vendors to deliver new programs and value to Registered Privileged Users of the Resource and Design Center.
9.6 Third Party content and Websites. The Resource and Design Center Website may contain content of, and links to, the websites of third parties. You acknowledge and agree that Intel shall have no responsibility or liability whatsoever for any statement, advertising or other marketing material of Intel Authorized Distributors or vendors or any other third party appearing on the Website or websites that may be linked from the Resource and Design Center Website.
9.7 Links and Portals Supporting Website Purchases. All components purchased from Intel Authorized Distributors via links from the Resource and Design Center Website are offered for sale by the participating distributors and are covered by any product warranty offered directly by the participating distributor and/or the participating vendors, who are solely responsible for the design and functionality of their respective products, including any liability arising from product infringement. If Intel is the vendor of a component You purchased from a participating distributor through the Resource and Design Center website, Intel will provide its product warranty as provided with the component. You acknowledge and agree that unless Intel is the vendor of a component You purchased from a participating distributor through the website, Intel provides no warranty whatsoever.
9.8 Disclaimers. THE RESOURCE AND DESIGN CENTER WEBSITE, INCLUDING WITHOUT LIMITATION, ANY INFORMATION, TEXT, GRAPHICS, LINK OR OTHER ITEM CONTAINED ON THE WEBSITE AND THE PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED AT NO CHARGE FOR YOUR CONVENIENCE, WITH NO WARRANTY WHATSOEVER FROM INTEL AND ITS SUPPLIERS. EXCEPT FOR STANDARD INTEL PRODUCT WARRANTIES THAT MAY APPLY TO INTEL PRODUCTS PURCHASED ON OR THROUGH THE WEBSITE, INTEL DISCLAIMS ANY AND ALL WARRANTIES EXPRESSED, IMPLIED, OR OTHERWISE, WITH RESPECT TO THE WEBSITE, AND THE MATERIALS AND THE SERVICES PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY OF NONINFRINGEMENT. IN ADDITION, INTEL DOES NOT WARRANT THE CONTINUOUS OR UNINTERRUPTED ACCESS TO THE WEBSITE OR THE OPERATION, FUNCTIONALITY, OR AVAILABILITY OF THE WEBSITE, OR THAT THE WEBSITE WILL BE VIRUS FREE, OR THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED.
9.9 No Damages. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS HAVE ANY LIABILITY TO YOU FOR DAMAGES OF ANY NATURE WHATSOEVER, (DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL) INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING FROM OR ASSOCIATED IN ANY WAY WITH THE WEBSITE OR YOUR USE OF THE WEBSITE TO PURCHASE COMPONENTS, SOFTWARE AND/OR SERVICES FROM PARTICIPATING DISTRIBUTORS AND/OR PARTICIPATING VENDORS OPERATING ON OR THROUGH THE RESOURCE AND DESIGN CENTERWEBSITE, EVEN IF INTEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10.0 General Provisions
10.1. Variations. The implementation and administration of the Resource and Design Center may vary from country to country.
10.2. Assignment. Access is not transferable or assignable. Intel may assign or delegate its rights and/or obligations, in part or in whole, under these Terms and Conditions to any of its subsidiaries that are wholly owned directly or indirectly by Intel.
10.3. Order of Priority. The English language version of these Terms and Conditions shall prevail over any translations of them. Intel’s standard terms and conditions of sale shall govern any purchase of, or redemption of credits for, Intel products made between You and Intel and shall prevail over any other agreements unless in writing and signed by an authorized representative of Intel.
10.4. Waiver. Failure to enforce any of these Terms and Conditions shall not constitute a waiver of such terms, nor affect their enforceability.
10.5 Modifications. These Terms and Conditions may not be modified except in writing signed by authorized representatives of both parties. Notwithstanding the foregoing, Intel may, in its sole discretion, alter, revise, amend or cancel the Resource and Design Center and/or User Benefits and these Terms and Conditions, which shall be effective upon notification unless a different time is stated. Posting changes on the Intel website and/or sending email shall be deemed notice to You of such changes.
10.6 Compliance with Laws. You shall comply, at your own expense, with all statutes, regulations, rules, ordinances, and orders of any governmental body, department, or agency, applicable to the performance of your obligations hereunder.
10.7 Severability. If any provision of these Terms and Conditions is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such determination shall not affect the validity of the remaining provisions unless Intel determines in its discretion that the courts determination causes these Terms and Conditions or the Resource and Design Center to fail in any of its essential purposes.
10.8 Entire Agreement. These Terms and Conditions contain the entire understanding between You and Intel with respect to the Resource and Design Center hereof and merge and supersede all prior and contemporaneous channel program terms and conditions. If any provision of these Terms and Conditions is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such determination shall not affect the validity of the remaining provisions.
10.9. Governing Law and Forum. Any claim arising under or relating to the Resource and Design Center, its materials, or its websites, shall be adjudicated in the following forums and governed by the following laws: the forum shall be Santa Clara, California, USA and the applicable law shall be that of the State of Delaware, without reference to its conflict of law principles.
10.10 Export Regulations. You agree to refrain from exporting, either directly or indirectly, any product, service or technical data or system incorporating such items without first obtaining any required license or other approval from the U.S. Department of Commerce or other applicable agency of the United States Government. If any product is exported from the United States or re-exported from a foreign destination, You shall ensure that the distribution and export/re-export or import of the product complies with all laws, regulations, orders, or other restrictions of the U.S. Export Administration Regulations and the appropriate foreign government.
10.11 Limitation of Liability. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS, USE OR BUSINESS OR FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Intel shall not be liable to any Intel Registered Privileged User if an Intel employee or any other party acting on behalf of Intel or acting on behalf of a Registered Privileged User accesses or updates the personal and/or business profile information of the Registered Privileged User (s).