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INTEL SOFTWARE LICENSE AGREEMENT
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
Do not copy, install, or use this software and any associated materials (collectively, the “Software”) provided under this license agreement (“Agreement”) until you have carefully read the following terms and conditions.
By copying, installing, or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not copy, install, or use the Software.
Please Note:
SITE 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:
SINGLE USER LICENSE: You may copy the Software onto a single computer for your personal use, and you may make one back-up copy of the Software, subject to these conditions:
OEM LICENSE: You may reproduce and distribute the Software only as an integral part of or incorporated in your product, as a standalone Software maintenance update for existing end users of your products, excluding any other standalone products, or as a component of a larger Software distribution, including but not limited to the distribution of an installation image or a Guest Virtual Machine image, subject to these conditions:
LICENSE RESTRICTIONS. You may NOT: (i) use or copy the Materials except as provided in this Agreement; (ii) rent or lease the Materials to any third party; (iii) assign this Agreement or transfer the Materials without the express written consent of Intel; (iv) modify, adapt, or translate the Materials in whole or in part except as provided in this Agreement; (v) reverse engineer, decompile, or disassemble the Materials; (vi) attempt to modify or tamper with the normal function of a license manager that regulates usage of the Materials; (vii) distribute, sublicense or transfer the Source Code form of any components of the Materials, Redistributables and Sample Source and derivatives thereof to any third party except as provided in this Agreement.
NO OTHER RIGHTS. No rights or licenses are granted by Intel to you, expressly or by implication, with respect to any proprietary information or patent, copyright, mask work, trademark, trade secret, or other intellectual property right owned or controlled by Intel, except as expressly provided in this Agreement. Except as expressly provided herein, no license or right is granted to you directly or by implication, inducement, estoppel, or otherwise. Specifically, Intel grants no express or implied right to you under Intel patents, copyrights, trademarks, or other intellectual property rights.
OWNERSHIP OF SOFTWARE AND COPYRIGHTS. The Software is licensed, not sold. Title to all copies of the Software remains with Intel. 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. You agree to prevent any unauthorized copying of 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.
ADDITIONAL TERMS FOR PRE-RELEASE SOFTWARE. If the Software you are installing or using under this Agreement is pre-commercial release or is labeled or otherwise represented as “alpha-“ or “beta-“ versions of the Software ("pre-release Software"), then the following terms apply.
To the extent that any provision in this Section conflicts with any other term(s) or condition(s) in this Agreement with respect to pre-release Software, this Section shall supersede the other term(s) or condition(s), but only to the extent necessary to resolve the conflict.
You understand and acknowledge that the Software is pre-release Software, does not represent the final Software from Intel, and may contain errors and other problems that could cause data loss, system failures, or other errors.
The pre-release Software is provided to you "as-is" and Intel disclaims any warranty or liability to you for any damages that arise out of the use of the pre-release Software.
You acknowledge that Intel has not promised that pre-release Software will be released in the future, that Intel has no express or implied obligation to you to release the pre-release Software and that Intel may not introduce Software that is compatible with the pre-release Software. You acknowledge that the entirety of any research or development you perform that is related to the pre-release Software or to any product making use of or associated with the pre-release Software is done at your own risk.
If Intel has provided you with pre-release Software pursuant to a separate written agreement, your use of the pre-release Software is also governed by such agreement.
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.
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 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. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. In the event that you use the Software in conjunction with a virtual (“emulated”) device designed to appear as an Intel component product, you acknowledge that Intel is neither the author nor the creator of the virtual (“emulated”) device. You understand and acknowledge that Intel makes no representations about the correct operation of the Software when used with a virtual (“emulated”) device, that Intel did not design the Software to operate in conjunction with the virtual (“emulated”) device, and that the Software may not be capable of correct operation in conjunction with the virtual (“emulated”) device. You agree to assume the risk that the Software may not operate properly in conjunction with the virtual (“emulated”) device. You agree to indemnify and hold Intel and its officers, subsidiaries and affiliates harmless against all claims, costs, damages, and expenses, and reasonable attorney fees arising out of, directly or indirectly, any claim of product liability, personal injury or death associated with the use of the Software in conjunction with the virtual (“emulated”) device, even if such claim alleges that Intel was negligent regarding the design or manufacture of the Software.
UNAUTHORIZED USE. THE SOFTWARE IS NOT DESIGNED, INTENDED, OR AUTHORIZED FOR USE IN ANY TYPE OF SYSTEM OR APPLICATION IN WHICH THE FAILURE OF THE SOFTWARE COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR (E.G MEDICAL SYSTEMS, LIFE SUSTAINING OR LIFE SAVING SYSTEMS). If you use the Software for any such unintended or unauthorized use, you shall indemnify and hold Intel and its officers, subsidiaries and affiliates harmless against all claims, costs, damages, and expenses, and reasonable attorney fees arising out of, directly or indirectly, any claim of product liability, personal injury or death associated with such unintended or unauthorized use, even if such claim alleges that Intel was negligent regarding the design or manufacture of the part.
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 the State of California, without regard to principles of conflict of laws. You agree that the terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to this Agreement. 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 enclosed Software and documentation were developed at private expense, and are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-14 and DFARS 252.227-7013 et seq. or its successor. The use of this product by the Government constitutes acknowledgement of Intel’s proprietary rights in the Software. Contractor or Manufacturer is Intel.
LANGUAGE; TRANSLATIONS. In the event that the English language version of this Agreement is accompanied by any other version translated into any other language, such translated version is provided for convenience purposes only and the English language version shall control.
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Intel warrants to the original owner that the adapter product delivered in this package will be free from defects in material and workmanship. This warranty does not cover the adapter product if it is damaged in the process of being installed or improperly used.
THE ABOVE WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NONINFRINGEMENT OF INTELLECTUAL PROPERTY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ARISING OUT OF ANY PROPOSAL, SPECIFICATION, OR SAMPLE.
This warranty does not cover replacement of adapter products damaged by abuse, accident, misuse, neglect, alteration, repair, disaster, improper installation, or improper testing. If the adapter product is found to be defective, Intel, at its option, will replace or repair the hardware product at no charge except as set forth below, or refund your purchase price provided that you deliver the adapter product along with a Return Material Authorization
(RMA) number (see below), along with proof of purchase (if not registered), either to the dealer from whom you purchased it or to Intel with an explanation of any deficiency. If you ship the adapter product, you must assume the risk of damage or loss in transit. You must use the original container (or the equivalent) and pay the shipping charge.
Intel may replace or repair the adapter product with either new or reconditioned parts, and any adapter product, or part thereof replaced by Intel becomes Intel's property. Repaired or replaced adapter products will be returned to you at the same revision level as received or higher, at Intel's option. Intel reserves the right to replace discontinued adapter products with an equivalent current generation adapter product.
Before returning any adapter product, contact Intel Customer Support and obtain a Return Material Authorization
(RMA) number by calling +1 916-377-7000.
If the Customer Support Group verifies that the adapter product is defective, they will have the RMA department issue you an RMA number to place on the outer package of the adapter product. Intel cannot accept any product without an RMA number on the package.
Return the adapter product to the place of purchase for a refund or replacement.
Intel wants you to be completely satisfied with the Intel adapter product that you have purchased. Any time within ninety (90) days of purchase, you may return your Intel adapter to the original place of purchase for a full refund of the purchase price from your dealer. Resellers and distributors, respectively, accepting returns and refunding money back to their customers may return Intel adapters to their original place of purchase. Intel guarantees that it will accept returns under this policy and refund the original purchase price to customers purchasing directly from Intel.
INTEL'S SOLE LIABILITY HEREUNDER SHALL BE LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. IN NO EVENT SHALL INTEL HAVE ANY LIABILITY FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF INTELLECTUAL PROPERTY, REPROCUREMENT COSTS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF GOODWILL, AND LOSS OF PROFITS, WHETHER ANY SUCH DAMAGES ARISE OUT OF CONTRACT NEGLIGENCE, TORT, OR UNDER ANY WARRANTY, IRRESPECTIVE OF WHETHER INTEL HAS ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, INTEL'S TOTAL LIABILITY FOR ALL CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED THE PRICE PAID FOR THE PRODUCT. THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT IN SETTING THE PRODUCT PRICE. INTEL NEITHER ASSUMES NOR AUTHORIZES ANYONE TO ASSUME FOR IT ANY OTHER LIABILITIES.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
Critical Control Applications: Intel specifically disclaims liability for use of the adapter product in critical control applications (including, for example only, safety or health care control systems, nuclear energy control systems, or air or ground traffic control systems) by Licensee or
Sublicensees, and such use is entirely at the user's risk. Licensee agrees to defend, indemnify, and hold Intel harmless from and against any and all claims arising out of use of the adapter product in such applications by Licensee or
Sublicensees.
Software: Software provided with the adapter product is not covered under the hardware warranty described above. See the applicable software license agreement which shipped with the adapter product for details on any software warranty.
Limited Lifetime Hardware Warranty
Returning a defective product
From North America:
All other locations:
Intel Adapter Money-back Guarantee (North America Only)
Limitation of Liability and Remedies
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