summaryrefslogtreecommitdiffstats
path: root/custom-licenses
diff options
context:
space:
mode:
authorVtiurina, Mariia <mariia.vtiurina@intel.com>2021-10-20 12:27:02 +0300
committerAnuj Mittal <anuj.mittal@intel.com>2021-10-21 13:28:10 +0800
commit272e0889026e6479fd366d4447e7345e4dd52d11 (patch)
tree1776ea7b0c7bddb7a6b91330d7b427401d9bdd55 /custom-licenses
parent16e1c7d376758f9bc167a209580446bb12f65578 (diff)
downloadmeta-intel-272e0889026e6479fd366d4447e7345e4dd52d11.tar.gz
intel-oneapi-ipp: add recipe for Intel OneAPI IPP library (runtime only)
The initial version of the recipe for Intel OneAPI IPP library. IPP is an extensive library of ready-to-use, domain-specific functions that are highly optimized for diverse Intel architectures. Signed-off-by: Mariia Vtiurina <mariia.vtiurina@intel.com> Signed-off-by: Anuj Mittal <anuj.mittal@intel.com>
Diffstat (limited to 'custom-licenses')
-rw-r--r--custom-licenses/EULA551
1 files changed, 551 insertions, 0 deletions
diff --git a/custom-licenses/EULA b/custom-licenses/EULA
new file mode 100644
index 00000000..245d9bcd
--- /dev/null
+++ b/custom-licenses/EULA
@@ -0,0 +1,551 @@
1Intel End User License Agreement for Developer Tools (Version October 2020)
2
3IMPORTANT NOTICE - PLEASE READ AND AGREE BEFORE DOWNLOADING, INSTALLING, COPYING
4OR USING
5
6This Agreement is between you, or the company or other legal entity that you
7represent and warrant you have the legal authority to bind, (each, "You" or
8"Your") and Intel Corporation and its subsidiaries (collectively, "Intel")
9regarding Your use of the Materials. By downloading, installing, copying or
10otherwise using the Materials, You agree to be bound by the terms of this
11Agreement. If You do not agree to the terms of this Agreement, or do not have
12legal authority or required age to agree to them, do not download, install, copy
13or otherwise use the Materials.
14
151. LICENSE DEFINITIONS.
16
17A. "Cloud Provider" means a third party cloud service provider offering a
18 cloud-based platform, infrastructure, application or storage services, such
19 as Microsoft Azure or Amazon Web Services, which You may utilize solely
20 subject to the restrictions set forth in Section 3.3 B.
21
22B. "Computer" means a computer, workstation or server(s); as well as a container
23 or virtual machine located on Your or Your Cloud Provider's server.
24
25C. "Derivative Work" means a derivative work, as defined in 17 U.S.C. 101, of
26 the Source Code.
27
28D. "Executable Code" means computer programming code in binary form suitable for
29 machine execution by a processor without the intervening steps of
30 interpretation or compilation.
31
32E. "Instance" means a single running copy of the Materials on a Computer.
33
34F. "Licensed Patent Claims" mean the claims of Intel's patents that are
35 necessarily and directly infringed by the reproduction and distribution of
36 the Materials that is authorized in Section 3 below, when the Materials are
37 in their unmodified form as delivered by Intel to You and not modified or
38 combined with anything else. Licensed Patent Claims are only those claims
39 that Intel can license without paying, or getting the consent of, a third
40 party.
41
42G. "Materials" mean the software, documentation, the software product serial
43 number, and other collateral, including any updates, that are made available
44 to You by Intel under this Agreement. Materials include any Redistributables,
45 Executable Code, Source Code, Sample Source Code, and Pre-Release Materials,
46 but do not include Third Party Programs.
47
48H. "Microsoft Platforms" mean any current and future Microsoft operating system
49 products, Microsoft run-time technologies (such as the .NET Framework), and
50 Microsoft application platforms (such as Microsoft Office or Microsoft
51 Dynamics) that Microsoft offers.
52
53I. "Pre-Release Materials" mean the Materials, or portions of the Materials,
54 that are identified (in the product release notes, on Intel's download
55 website for the Materials or elsewhere) or labeled as pre-release, prototype,
56 alpha or beta code and, as such, are deemed to be pre-release code, which may
57 not be fully functional or tested and may contain bugs or errors, which Intel
58 may substantially modify in its development of a production version, and for
59 which Intel makes no assurances that it will ever develop or make generally
60 available a production version. Pre-Release Materials are subject to the
61 terms of Section 4.2.
62
63J. "Priority Support" means assistance through Intel's Online Service Center for
64 paid User Types for the Materials.
65
66K. "Reciprocal Open Source Software" means any software that is subject to a
67 license which requires that (a) it must be distributed in source code form;
68 (b) it must be licensed under the same open source license terms; and (c) its
69 derivative works must be licensed under the same open source license terms.
70 Examples of this type of license are the GNU General Public License or the
71 Mozilla Public License.
72
73L. "Redistributables" mean the files (if any) listed in the "redist.txt",
74 "redist-rt.txt" or similarly-named text files that may be included in the
75 Materials. Redistributables include Sample Source Code.
76
77M. "Sample Source Code" means those portions of the Materials that are Source
78 Code and are identified as sample code. Sample Source Code may not have been
79 tested nor validated by Intel and is provided purely as a programming
80 example.
81
82N. "Source Code" means the software portion of the Materials provided in human
83 readable format.
84
85O. "Term" means either a perpetual or a time limited term for the Materials
86 that You obtain as specified on Intel's download website, in Intel's
87 applicable documentation or as controlled by the serial number for the
88 Materials.
89
90P. "Third Party Programs" mean the files (if any) listed in the
91 "third-party-programs.txt" or other similarly-named text file that may be
92 included in the Materials for the applicable software.
93
94Q. "User Type" has the meaning specified in Section 2.
95
96R. "Your Product" means one or more applications, products or projects developed
97 by or for You using the Materials.
98
992. USER TYPES. This Agreement covers both free and paid User Types. Free users
100 do not receive access to Priority Support. All paid users receive access to
101 Priority Support upon the payment of fees specified in Section 5. If you are
102 a paid user, then the type of license You receive will be specified in
103 writing by Intel directly or by an authorized Intel distributor. You
104 understand and agree that the following User Types described below are
105 subject to Your continued compliance with the license grants in Section 3:
106
1072.1 Free User. You are authorized to run as many Instances as needed for an
108 unlimited number of users for You, Your company or other legal entity that
109 you represent.
110
1112.2 Single Named-User. Subject to payment of appropriate fees, You are
112 authorized to run as many Instances as needed for a single user.
113
1142.3 Concurrent User. Subject to payment of appropriate fees, You are authorized
115 to run as many Instances as needed on a designated network(s) for use by no
116 more than the authorized number of concurrent users.
117
1182.4 Site User. Subject to payment of appropriate fees, You are authorized to run
119 as many Instances as needed for use by any number of concurrent users
120 located at the specified site or sites specified in the
121 "site_license_materials.txt" file you receive from Intel.
122
1233. LICENSE GRANTS.
124
1253.1 License to the Materials.
126
127 Subject to the terms and conditions of this Agreement, Intel grants You for
128 the appropriate Term a non-exclusive, worldwide, non-assignable (except as
129 expressly permitted hereunder), non-sublicensable, limited right and license
130 for Your applicable User Type:
131
132 A. under its copyrights, to:
133
134 (1) reproduce internally a reasonable number of copies of the Materials for
135 Your personal or business use;
136
137 (2) use the Materials internally solely for Your personal or business use to
138 develop Your Product, in accordance with the documentation or text files
139 included as part of the Materials;
140
141 (3) modify or create Derivative Works of the Redistributables, or any portions,
142 that are provided to You in Source Code;
143
144 (4) distribute (directly and through Your distributors, resellers, and other
145 channel partners, if applicable), the Redistributables, including any
146 modifications to or Derivative Works of the Redistributables made pursuant
147 to Section 3.1.A(3), or any portions, subject to the following conditions:
148
149 (a) Any distribution of the Redistributables must only be as part of Your
150 Product which must add significant primary functionality different than
151 that of the Redistributables themselves;
152
153 (b) You will redistribute the Redistributables originally provided to You by
154 Intel only in Executable Code subject to a license agreement that
155 prohibits disassembly and reverse engineering of the Redistributables;
156
157 (c) This distribution right includes a limited right to sublicense only the
158 Intel copyrights in the Redistributables and only to the extent necessary
159 to perform, display, and distribute the Redistributables (including Your
160 modifications and Derivative Works) solely as incorporated in Your
161 Product; and
162
163 (d) You (i) will be solely responsible to Your customers for any update,
164 support obligation or other liability which may arise from Your
165 distribution of Your Product, (ii) will not make any statement that Your
166 Product is "certified" or that its performance is guaranteed by Intel or
167 its suppliers, (iii) will not use Intel's or its suppliers' names or
168 trademarks to market Your Product without written permission from Intel,
169 (iv) will comply with any additional restrictions which are included in
170 the text files with the Redistributables and in Section 4 below, (v) will
171 indemnify, hold harmless, and defend Intel and its suppliers from and
172 against any claims or lawsuits, including attorney's fees, that arise or
173 result from Your modifications, Derivative Works or Your distribution of
174 Your Product;
175
176 and
177
178 B. under Intel's Licensed Patent Claims, to:
179 (1) make copies of the Materials only as specified in Section 3.1.A(1);
180 (2) use the Materials only as specified in Section 3.1.A(2); and
181 (3) offer to distribute, and distribute, but not sell, the Redistributables
182 only as part of Your Product under Intel's copyright license granted in
183 Section 3.1(A), but only under the terms of that copyright license and not
184 as a sale;
185 And, provided further, that the license under the Licensed Patent Claims does
186 not and will not apply to, and Intel expressly does not grant You a patent
187 license in this Agreement to, any modifications to, or Derivative Works of, the
188 Materials or Redistributables, whether made by You, Your contractor(s), Your
189 customer(s) (which, for all purposes under this Agreement, will mean either a
190 customer, reseller, distributor or other channel partner) or any third party,
191 even if the modifications or Derivative Works are permitted under 3.1.A(3).
192
1933.2 Third Party Programs and Other Intel Programs Licenses. Third Party
194 Programs, even if included with the distribution of the Materials, may be
195 governed by separate license terms, including without limitation, third
196 party license terms, open source software notices and terms, and/or other
197 Intel software license terms. These separate license terms solely govern
198 Your use of the Third Party Programs.
199
2003.3 Third Party Use.
201
202A. If you are an entity, Your contractors may use the Materials as specified in
203 Section 3, provided: (i) their use of the Materials is solely on behalf of
204 and in support of Your business, (ii) they agree to the terms and conditions
205 of this Agreement, and (iii) You are solely responsible for their use of the
206 Materials.
207
208B. You may utilize a Cloud Provider to host the Materials for You, provided: (i)
209 the Cloud Provider may only host the Materials for Your exclusive use and may
210 not use the Materials for any other purpose whatsoever, including the
211 restriction set forth in Section 4.1(xii); (ii) the Cloud Provider's use of
212 the Materials must be solely on behalf of and in support of Your Product, and
213 (iii) You will indemnify, hold harmless, and defend Intel and its suppliers
214 from and against any claims or lawsuits, including attorney's fees, that
215 arise or result from Your Cloud Provider's use, misuse or disclosure of the
216 Materials.
217
2184. LICENSE CONDITIONS.
219
2204.1 Restrictions. Except as expressly provided in this Agreement, You may NOT:
221 (i) use, copy, distribute, or publicly display the Materials; (ii) share,
222 publish, rent or lease the Materials to any third party; (iii) assign this
223 Agreement or transfer the Materials; (iv) modify, adapt, or translate the
224 Materials in whole or in part; (v) reverse engineer, decompile, or
225 disassemble the Materials, or otherwise attempt to derive the source code
226 for the software; (vi) work around any technical limitations in the
227 Materials or attempt to modify or tamper with the normal function of any
228 license manager that may regulate usage of the Materials; (vii) distribute,
229 sublicense or transfer any Source Code, of the Materials or Derivative Works
230 to any third party; (viii) allow Redistributables to run on a platform other
231 than a Microsoft Platform if according to the accompanying user
232 documentation the Materials are meant to execute only on a Microsoft
233 Platform; (ix) remove, minimize, block or modify any notices of Intel or its
234 suppliers in the Materials; (x) include the Redistributables in malicious,
235 deceptive, or unlawful programs or products or use the Materials in any way
236 that is against the law; (xi) modify, create a Derivative Work, link, or
237 distribute the Materials so that any part of it becomes Reciprocal Open
238 Source Software; (xii) use the Materials directly or indirectly for SaaS
239 services or service bureau purposes (i.e., a service that allows use of or
240 access to the Materials by a third party as a service, such as the
241 salesforce.com service business model).
242
2434.2 Pre-Release Materials. If You receive Pre-Release Materials, You may
244 reproduce a reasonable number of copies, and use the Pre-Release Materials
245 for evaluation, and testing purposes only. You may not (i) modify or
246 incorporate the Pre-Release Materials into Your Product; (ii) continue to
247 use the Pre-Release Materials once a commercial version is released; or
248 (iii) disclose to any third party any benchmarks, performance results, or
249 other information relating to the Pre-Release Materials. Intel may waive
250 these restrictions in writing at its sole discretion; however, if You decide
251 to use the Pre-Release Materials in Your Product (even with Intel's waiver),
252 You acknowledge and agree that You are fully responsible for any and all
253 issues that result.
254
2554.3 Safety, Critical, and Lifesaving Applications. The Materials may provide
256 information relevant to safety-critical applications to allow compliance
257 with functional safety standards or requirements ("Safety-Critical
258 Applications"). You understand and acknowledge that safety is Your
259 responsibility. To the extent You use the Materials to create, or as part
260 of, products used in Safety-Critical Applications it is Your
261 responsibility to design, manage and assure system-level safeguards to
262 anticipate, monitor and control system failures, and You agree that You are
263 solely responsible for all applicable regulatory standards and
264 safety-related requirements concerning Your use of the Materials in Safety
265 Critical Applications.� Should You use the Materials for Safety-Critical
266 Applications or in any type of a system or application in which the failure
267 of the Materials could create a situation where personal injury or death may
268 occur (e.g.,� medical systems, life sustaining or lifesaving systems)
269 ("Lifesaving Applications"), You agree to indemnify, defend, and hold Intel
270 and its representatives harmless against all claims, costs, damages, and
271 expenses, including reasonable attorney fees arising in any way out of Your
272 use of the Materials in Safety-Critical Applications or Lifesaving
273 Applications and claims of product liability, personal injury or death
274 associated with those applications; even if such claims allege that Intel
275 was negligent or strictly liable regarding the design or manufacture of the
276 Materials or its failure to warn regarding the Materials.
277
2784.4 Media Format Codecs and Digital Rights Management. You acknowledge and agree
279 that Your use of the Materials or distribution of the Redistributables with
280 Your Product as permitted by this Agreement may require You to procure
281 license(s) from third parties that may hold intellectual property rights
282 applicable to any media decoding, encoding or transcoding technology (e.g.,
283 the use of an audio or video codec) and/or digital rights management
284 capabilities of the Materials, if any. Should any such additional licenses
285 be required, You are solely responsible for obtaining any such licenses and
286 agree to obtain any such licenses at Your own expense.
287
2884.5 Materials Transfer. You may only permanently transfer the Materials, and all
289 of Your rights and obligations under this Agreement, to another party
290 ("Recipient") solely in conjunction with a change of ownership, merger,
291 acquisition, sale or transfer of all or substantially all of Your business
292 or assets, either voluntarily, by operation of law or otherwise subject to
293 the following: You must notify Intel of the transfer by sending a letter to
294 Intel: (i) identifying the Recipient and Your legal entities, (ii)
295 identifying the Materials (i.e., the specific Intel software and version)
296 and the associated serial numbers to be transferred, (iii) certifying that
297 You retain no copies of the Materials or portions, (iv) certifying that the
298 Recipient has agreed in writing to be bound by all of the terms and
299 conditions of this Agreement, (v) for paid User Types listed in Section 2,
300 certifying that the Recipient has been notified that in order to receive
301 support from Intel for the Materials they must notify Intel in writing of
302 the transfer and provide Intel with the information specified in subsection
303 (ii) above along with the name and email address of the individual assigned
304 to use the Materials, and (vi) providing Your email address so that Intel
305 may confirm receipt of Your letter. The above information can be emailed to
306 your Intel representative or by letter to: Intel Corporation, 2111 NE 25th
307 Avenue, Hillsboro, OR 97124, Attn: CPDP Contracts Management, JF2-28. The
308 Materials will be permanently transferred to the Recipient once Intel
309 confirms receipt of Your request.
310
3115. FEES; TAXES.
312
3135.1 Fees. Upon Your receipt of Intel's or its reseller's invoice, You will pay
314 Intel or its reseller the license and support fees, if any, for the
315 Materials in US dollars according to Your User Type
316
3175.2 Taxes. All payments will be made free and clear without deduction for any
318 and all present and future taxes imposed by any taxing authority. In the
319 event that You are prohibited by law from making such payments unless You
320 deduct or withhold taxes therefrom and remit such taxes to the local taxing
321 jurisdiction, then You will duly withhold and remit such taxes to the
322 appropriate taxing authority and will pay to Intel or its reseller its
323 proportionate share of the remaining net amount after the taxes have been
324 withheld. You will promptly furnish Intel or its reseller with a copy of an
325 official tax receipt or other appropriate evidence of any taxes imposed on
326 payments made under this Agreement, including taxes on any additional
327 amounts paid. In cases other than taxes referred to above, including but not
328 limited to sales and use taxes, stamp taxes, value added taxes, property
329 taxes and other taxes or duties imposed by any taxing authority on or with
330 respect to this Agreement, the costs of such taxes or duties will be borne
331 by You. In the event that such taxes or duties are legally imposed initially
332 on Intel or its reseller, or Intel or its reseller is later assessed by any
333 taxing authority, then Intel or its reseller will be promptly reimbursed by
334 You for such taxes or duties.
335
3366. DATA COLLECTION AND PRIVACY.
337
3386.1 Data Collection. Certain Materials may generate and collect anonymous data
339 and/or provisioning data about the Materials and/or the development
340 environment and transmit the data to Intel as a one-time event during
341 installation. Optional data may also be collected by the Materials, however,
342 You will be provided notice of the request to collect optional data and no
343 optional data will be collected without Your consent. All data collection by
344 Intel is performed pursuant to relevant privacy laws, including notice and
345 consent requirements.
346
3476.2 Intel's Privacy Notice. Intel is committed to respecting Your privacy. To
348 learn more about Intel's privacy practices, please visit
349 http://www.intel.com/privacy.
350
3517. OWNERSHIP. Title to the Materials and all copies remain with Intel or its
352 suppliers. The Materials are protected by intellectual property rights,
353 including without limitation, United States copyright laws and international
354 treaty provisions. You will not remove any copyright or other proprietary
355 notices from the Materials. You agree to prevent any unauthorized copying of
356 the Materials. Except as expressly provided herein, no license or right is
357 granted to You directly or by implication, inducement, estoppel or otherwise;
358 specifically Intel does not grant any express or implied right to You under
359 Intel patents, copyrights, trademarks, or trade secrets.
360
3618. NO WARRANTY AND NO SUPPORT.
362
3638.1 No Warranty. Disclaimer. Intel disclaims all warranties of any kind and the
364 terms and remedies provided in this Agreement are instead of any other
365 warranty or condition, express, implied or statutory, including those
366 regarding merchantability, fitness for any particular purpose,
367 non-infringement or any warranty arising out of any course of dealing, usage
368 of trade, proposal, specification or sample. Intel does not assume (and does
369 not authorize any person to assume on its behalf) any other liability.
370
3718.2 No Support; Priority Support for Paid User Types. Intel may make changes to
372 the Materials, or to items referenced therein, at any time without notice,
373 but is not obligated to support, update or provide training for the
374 Materials under the terms of this Agreement. Intel offers Priority Support
375 for paid User Types.
376
3779. LIMITATION OF LIABILITY.
378
3799.1 Intel will not be liable for any of the following losses or damages
380 (whether such losses or damages were foreseen, foreseeable, known or
381 otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits;
382 (iii) loss of the use of money; (iv) loss of anticipated savings; (v) loss
383 of business; (vi) loss of opportunity; (vii) loss of goodwill; (viii) loss
384 of use of the Materials; (ix) loss of reputation; (x) loss of, damage to, or
385 corruption of data; or (xi) any indirect, incidental special or
386 consequential loss of damage however caused (including loss or damage of the
387 type specified in this Section 9).
388
3899.2 Intel's total cumulative liability to You, including for direct damages for
390 claims relating to this Agreement (whether for breach of contract,
391 negligence, or for any other reason), will not exceed the sum paid to Intel
392 by You in the twelve (12) month period preceding the date such claim arose
393 for the Materials that are the subject of and directly affected by such
394 claim.
395
3969.3 You acknowledge that the limitations of liability provided in this Section 9
397 are an essential part of this Agreement. You agree that the limitations of
398 liability provided in this Agreement with respect to Intel will be conveyed
399 to and made binding upon any customer of Yours that acquires the
400 Redistributables, alone or in combination with other items from You.
401
40210. USER SUBMISSIONS. This Agreement does not obligate You to provide Intel with
403 materials, information, comments, suggestions or other communications
404 regarding the Materials. However, You agree that any material, information,
405 comments, suggestions or other communications You transmit or post to an
406 Intel website (including but not limited to, submissions to the Priority
407 Support and/or other customer support websites or online portals) or provide
408 to Intel under this Agreement are not controlled by the International
409 Traffic in Arms Regulations (ITAR) or the Export Administration Regulation
410 (EAR), and if related to the features, functions, performance or use of the
411 Materials are deemed non-confidential and non-proprietary
412 ("Communications"). Intel will have no obligations with respect to the
413 Communications. You hereby grant to Intel a non-exclusive, perpetual,
414 irrevocable, royalty-free, copyright license to copy, modify, create
415 Derivative Works, publicly display, disclose, distribute, license and
416 sublicense through multiple tiers of distribution and licensees, incorporate
417 and otherwise use the Communications and all data, images, sounds, text, and
418 other things embodied therein, including Derivative Works thereto, for any
419 and all commercial or non-commercial purposes. You are prohibited from
420 posting or transmitting to or from an Intel website or providing to Intel
421 any unlawful, threatening, libelous, defamatory, obscene, pornographic, or
422 other material that would violate any law. If You wish to provide Intel with
423 information that You intend to be treated as confidential information, Intel
424 requires that such confidential information be provided pursuant to a
425 non-disclosure agreement ("NDA"); please contact Your Intel representative
426 to ensure the proper NDA is in place.
427
428 Nothing in this Agreement will be construed as preventing Intel from
429 reviewing Your Communications and errors or defects in Intel products
430 discovered while reviewing Your Communications. Furthermore, nothing in this
431 Agreement will be construed as preventing Intel from implementing
432 independently-developed enhancements to Intel's own error diagnosis
433 methodology to detect errors or defects in Intel products discovered while
434 reviewing Your Communications or to implement bug fixes or enhancements in
435 Intel products. The foregoing may include the right to include Your
436 Communications in regression test suites.
437
43811. NON-DISCLOSURE. Information provided by Intel to You may include information
439 marked as confidential. You must treat such information as confidential
440 under the terms of the applicable NDA between Intel and You. If You have not
441 entered into an NDA with Intel, You must not disclose, distribute or make
442 use of any information marked as confidential, except as expressly
443 authorized in writing by Intel. Intel retains all rights in and to its
444 confidential information specifications, designs, engineering details,
445 discoveries, inventions, patents, copyrights, trademarks, trade secrets and
446 other proprietary rights relating to the Materials. Any breach by You of
447 the confidentiality obligations provided for in this Section 11 will cause
448 irreparable injury to Intel for which money damages may be inadequate to
449 compensate Intel for losses arising from such a breach. Intel may obtain
450 equitable relief, including injunctive relief, if You breach or threaten to
451 breach Your confidentiality obligations.
452
45312. TERM AND TERMINATION. This Agreement becomes effective on the date You
454 accept this Agreement and will continue until terminated as provided for in
455 this Agreement. If You are using the Materials under a paid User Type with a
456 limited Term, this Agreement terminates without notice on the last day of
457 the Term. If you are using the Materials under a free User Type, the Term is
458 perpetual. The Term for any Pre-Release Materials terminates upon release of
459 a commercial version. Intel may terminate this Agreement if You are in
460 breach of any of its terms and conditions and such breach is not cured
461 within thirty (30) days of written notice from Intel. Upon termination, You
462 will promptly destroy the Materials and all copies. In the event of
463 termination of this Agreement, the license grant to any Redistributables
464 distributed by You in accordance with the terms and conditions of this
465 Agreement, prior to the effective date of such termination, will survive any
466 such termination of this Agreement. Sections 1, 3.1.A(4)(d)(v), 3.2, 3.3
467 B(iii), 4.3, 5.2, 6, 7, 8, 9, 10, 11, 12 (with respect to these survival
468 provisions in the last sentence), 13, and 14 will survive expiration or
469 termination of this Agreement.
470
47113. U.S. GOVERNMENT RESTRICTED RIGHTS. The technical data and computer software
472 covered by this license is a "Commercial Item," as such term is defined by
473 the FAR 2.101 (48 C.F.R. 2.101) and is "commercial computer software" and
474 "commercial computer software documentation" as specified under FAR 12.212
475 (48 C.F.R. 12.212) or DFARS 227.7202 (48 C.F.R. 227.7202), as applicable.
476 This commercial computer software and related documentation is provided to
477 end users for use by and on behalf of the U.S. Government, with only those
478 rights as are granted to all other end users pursuant to the terms and
479 conditions of this Agreement.
480
48114. GENERAL PROVISIONS.
482
48314.1 ENTIRE AGREEMENT. This Agreement contains the complete and exclusive
484 agreement and understanding between the parties concerning the subject
485 matter of this Agreement, and supersedes all prior and contemporaneous
486 proposals, agreements, understanding, negotiations, representations,
487 warranties, conditions, and communications, oral or written, between the
488 parties relating to the same subject matter. This Agreement, including
489 without limitation its termination, has no effect on any signed NDA between
490 the parties, which remain in full force and effect as separate agreements
491 to their terms. Each party acknowledges and agrees that in entering into
492 this Agreement it has not relied on, and will not be entitled to rely on,
493 any oral or written representations, warranties, conditions, understanding,
494 or communications between the parties that are not expressly set forth in
495 this Agreement. The express provisions of this Agreement control over any
496 course of performance, course of dealing, or usage of the trade
497 inconsistent with any of the provisions of this Agreement. The provisions
498 of this Agreement will prevail notwithstanding any different, conflicting,
499 or additional provisions that may appear on any purchase order,
500 acknowledgement, invoice, or other writing issued by either party in
501 connection with this Agreement. No modification or amendment to this
502 Agreement will be effective unless in writing and signed by authorized
503 representatives of each party, and must specifically identify this
504 Agreement by its title and version (e.g., "Intel oneAPI End User License
505 Agreement (Version October 2020)"); except that Intel may make changes to
506 the Agreement as it distributes new versions of the Materials. When changes
507 are made, Intel will make a new version of the Agreement available on its
508 website. If You received a copy of this Agreement translated into another
509 language, the English language version of this Agreement will prevail in
510 the event of any conflict between versions.
511
51214.2 EXPORT. You acknowledge that the Materials and all related technical
513 information are subject to export controls and you agree to comply with all
514 laws and regulations of the United States and other applicable governments
515 governing export, re-export, import, transfer, distribution, and use of the
516 Materials. In particular, but without limitation, the Materials may not be
517 exported or re-exported (a) into any U.S. embargoed countries or (b) to any
518 person or entity listed on a denial order published by the U.S. government
519 or any other applicable governments. By using the Materials, You represent
520 and warrant that You are not located in any such country or on any such
521 list. You also agree that You will not use the Materials for, or sell or
522 transfer them to a third party who is known or suspected to be involved in,
523 any purposes prohibited by the U.S. government or other applicable
524 governments, including, without limitation, the development, design,
525 manufacture, or production of nuclear, missile, chemical or biological
526 weapons.
527
52814.3 GOVERNING LAW, JURISDICTION, AND VENUE. All disputes arising out of or
529 related to this Agreement, whether based on contract, tort, or any other
530 legal or equitable theory, will in all respects be governed by, and
531 construed and interpreted under, the laws of the United States of America
532 and the State of Delaware, without reference to conflict of laws
533 principles. The parties agree that the United Nations Convention on
534 Contracts for the International Sale of Goods (1980) is specifically
535 excluded from and will not apply to this Agreement. All disputes arising
536 out of or related to this Agreement, whether based on contract, tort, or
537 any other legal or equitable theory, will be subject to the exclusive
538 jurisdiction of the courts of the State of Delaware or of the Federal
539 courts sitting in that State. Each party submits to the personal
540 jurisdiction of those courts and waives all objections to that
541 jurisdiction and venue for those disputes.
542
54314.4 SEVERABILITY. The parties intend that if a court holds that any provision
544 or part of this Agreement is invalid or unenforceable under applicable law,
545 the court will modify the provision to the minimum extent necessary to make
546 it valid and enforceable, or if it cannot be made valid and enforceable,
547 the parties intend that the court will sever and delete the provision or
548 part from this Agreement. Any change to or deletion of a provision or part
549 of this Agreement under this Section will not affect the validity or
550 enforceability of the remainder of this Agreement, which will continue in
551 full force and effect.