--- /dev/null
+This LIMITED DISTRIBUTION LICENSE AGREEMENT (“Agreement”) is a contract between you and Intel Corporation and its affiliates
+(“Intel”) and governs any use of Material. If you use Material on behalf of or in conjunction with your work for your employer, you
+represent and warrant that you have the authority to bind your employer to this Agreement. By downloading, installing, or using
+Material, you accept these terms. If you do not accept these terms, do not use any Material and destroy all copies.
+1 DEFINITIONS.
+ 1.1 “Including”, and its variants, means including but not limited
+to, whether or not capitalized.
+ 1.2 “Intel Component” means a hardware component or product
+designed, developed, sold, or distributed by Intel.
+ 1.3 “Material” means software, hardware description language
+code, or other computer files, information or collateral Intel
+delivers to you under this Agreement.
+ 1.4 “You” or “Your” means you or you and your employer and its
+affiliates, whether or not capitalized.
+ 1.5 “Your Product” means product developed or to be developed
+by or for you that includes an Intel Component implementing or
+executing Material.
+2 LICENSES.
+ 2.1 License. Subject to the terms of this Agreement, Intel grants
+to You, for the Term, a personal, limited, non-transferable, non-exclusive, worldwide, revocable, fully paid-up license under Intel’s
+intellectual property rights in the Material, without the right to
+sublicense, to:
+ a) develop Your Product;
+ b) modify Material delivered as source code (or its equivalent);
+and
+ c) distribute Material, as delivered by Intel or as modified by You,
+as object code (or its equivalent), in Your Product, provided Your
+distribution is subject to terms and conditions consistent with
+Your rights and obligations under this Agreement.
+ 2.2 Subcontractor. You may disclose Material to your
+subcontractor for its work on Your Product under an agreement
+preventing the subcontractor from disclosing Material to others.
+You will be liable for the acts or omissions of your subcontractor,
+including unauthorized disclosure of confidential information.
+ 2.3 Restrictions. Except as authorized above, you will not: (a) use
+or modify Material in any other way; (b) reverse engineer,
+decompile, or disassemble Material provided as object code
+(except as required by applicable law or under an applicable open
+source license), or (c) use Material to violate or aid in the violation
+of any international human right.
+ 2.4 No Implied License. Except for the express license in Section
+2.1 Intel does not grant you (i) any express or implied license
+under any legal theory, or (ii) or any license to make, have made,
+use, sell, offer for sale, import, or otherwise dispose of any Intel
+technology or third-party products, or perform any patented
+process, even if referenced in the Material. Any other licenses
+from Intel require additional consideration. Nothing in this
+Agreement requires Intel to grant any additional license.
+ 2.5 Feedback. If you give Intel comments or suggestions related
+to Intel Components or Intel confidential information provided in
+connection with this Agreement, including Material, Intel can use
+them in any way and disclose them to anyone, without payment
+or other obligations to you.
+ 2.6 Open Source Licenses. The Material may include software
+subject to an open source license, including Open Source Initiative
+approved licenses (http://www.opensource.org). Nothing in this
+Agreement limits or grants any rights under, or that supersede,
+the terms of any applicable open source license.
+ 2.7 Third-Party Software. Your use of certain third-party
+software with or within the Material is subject to your compliance
+with licensing you obtain directly from that third-party. A listing of
+any such third-party software may accompany the Material.
+3 CONFIDENTIALITY. The terms of this Agreement and the
+Material are Intel confidential information and subject to your
+valid corporate non-disclosure agreement with Intel (CNDA).
+Except as authorized in Section 2.1, you must not disclose this
+information to anyone, including the U.S. government. This
+Agreement will not become effective, or will automatically
+terminate, in the absence of a CNDA. This Agreement will take
+precedence in the event of a conflict with the CNDA.
+4 OWNERSHIP. Ownership of the Material and related intellectual
+property rights is unchanged. You must maintain all copyright or
+other proprietary notices in the Material.
+5 NO WARRANTY. The Material is provided “as is,” without any
+express or implied warranty of any kind including warranties of
+merchantability, non-infringement, title, or fitness for a
+particular purpose. The Material may be pre-release and may
+not be fully functional. Intel is not required to maintain, update,
+or support any Material.
+6 LIMITATION ON LIABILITY. Your use of Material is at your own
+risk. Intel will not be liable to you under any legal theory for any
+losses or damages in connection with the Material or your use of
+Material, including consequential damages, even if the
+possibility of damages was foreseeable or known. If any liability
+is found, Intel’s total, cumulative liability to you for all claims
+arising from or related to this Agreement will not exceed $100.00
+U.S. These liability limitations are a fundamental basis of our
+bargain and Intel would not have entered into this Agreement
+without them.
+ 7 INDEMNITY. You will indemnify, defend, and hold Intel harmless
+from any allegation against Intel arising in connection with your
+use of Material and you will pay all of Intel’s losses, liabilities, and
+costs (including reasonable attorneys’ fees) arising from the
+allegation.
+ 8 PRIVACY; DATA COLLECTION.
+ 8.1 Privacy. Intel’s Privacy Notice governs how Intel may process
+personal information related to your use of Material (see
+https://www.intel.com/privacy). Intel may collect identifying
+information during registration and information on your use of
+Material (see “Information You Provide to Intel Voluntarily” and
+“Device and Product Operation” sections).
+ 8.2 Data Collection. Some Material may generate, collect, and
+transmit to Intel information to help improve Intel’s products and
+services, to verify your license rights to Material, or for other
+stated purposes. Information collected may include Intel
+Component or Material name and version, time of event
+collection, license or support type, installation status,
+performance, and use. Intel’s use of information may include
+combination of the information collected from you with other
+information.
+9 GENERAL.
+ 9.1 Assignment. You may not assign your rights or obligations
+under this Agreement without Intel’s prior written consent. No
+third party will have any rights under this Agreement.
+ 9.2 Dispute Resolution. If we have a dispute regarding this
+Agreement (other than for misappropriation of trade secrets or
+breaches of confidentiality obligations), neither party can file a
+lawsuit or other regulatory proceeding before the complaining
+party provides the other party a detailed notice of the dispute and
+our senior managers attempt to resolve the dispute. If our senior
+managers cannot resolve the dispute in 30 days, either party may
+demand mediation in which we will then try to resolve the dispute
+with an impartial mediator. If our dispute is not resolved within 60
+days after the mediation demand, either party may begin
+litigation.
+ 9.3 Governing Law; Jurisdiction. This Agreement is governed by
+USA and Delaware law without regard to conflict of laws
+principles. The United Nations Convention on Contracts for the
+International Sale of Goods does not apply. Except for claims for
+misappropriation of trade secrets or breach of confidentiality
+obligations, all disputes and actions arising out of or related to this
+Agreement are subject to the exclusive jurisdiction of the state
+and federal courts in Wilmington, Delaware and you consent to
+personal jurisdiction in those courts.
+ 9.4 Compliance with Laws. The Material is subject to, and You
+must comply with, applicable government laws and regulations,
+including without limitation U.S. and worldwide trade regulations
+prohibiting the export, import, or transfer Material to any
+prohibited or sanctioned country, person, or entity. You must not
+use Material for the development, design, manufacture, or
+production of nuclear, missile, chemical, or biological weapons.
+ 9.5 Severability. If a court holds a provision of this Agreement
+unenforceable, the court will modify that provision to the
+minimum extent necessary to make it enforceable or, if necessary,
+to sever that provision. The rest of the Agreement remains
+enforceable.
+ 9.6 Waiver. No waiver of any provision of this Agreement will be
+valid unless in a writing specifying the waived provision signed by
+an authorized representative of the waiving party. A signed waiver
+will not constitute waiver of any other provision. Failure or delay
+in enforcing any provision will not operate as a waiver.
+ 9.7 Entire Agreement. Except for any non-disclosure agreement
+between you and Intel, this Agreement constitutes the entire
+agreement, and supersedes all prior and contemporaneous
+agreements, between Intel and you concerning its subject matter.
+10 TERM; TERMINATION; SURVIVAL.
+ 10.1 Term. This Agreement begins upon your acceptance of its
+terms and continues until terminated under Sections 3 or 10.2.
+ 10.2 Termination. Either party may terminate this Agreement,
+with 30 days written notice, at any time for any reason. This
+Agreement will automatically terminate upon (a) your breach of
+the Agreement, (b) a claim that you do not have authority to bind
+your employer to these terms, or (c) your assertion that any Intel
+Component, Material, or product based on any Intel Component
+or Material infringes your patents.
+ 10.3 Effect of Termination. Upon termination of the Agreement,
+the licenses to you will immediately terminate and you must cease
+using any Material and destroy all copies in your possession and
+direct your subcontractors to do the same. Termination of this
+Agreement will not terminate the CNDA.
+ 10.4 Survival. All sections except Section 2.1 survive termination
+of this Agreement.
+Limited Distribution License Agreement [v2022.12.20]
projects / thirdparty / linux-firmware.git / commitdiff
