WS-Management Translator Source Code License

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Last Modified On :   August 19, 2008 2:56 PM PDT
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IMPORTANT - READ BEFORE COPYING, INSTALLING, OR USING.


Do not copy, install, or use the "Materials" provided under this license agreement ("Agreement"), until you have carefully read the following terms and conditions.

By copying, installing, or otherwise using the Materials, 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 Materials.
INTEL® PRODUCT LICENSE AGREEMENT

LICENSE GRANT:
Subject to the License Restrictions below, Intel Corporation ("Intel") grants to you the following non-exclusive, non-assignable royalty-free copyright licenses in the "Materials" below, which are identified specifically in License Definitions, and in any updates thereto that Intel may offer in the future.

LICENSE DEFINITIONS:
“Materials” means any of the WS-Management Translator Source, Redistributables, and End-User Documentation provided under this License Agreement.

WS-Management Translator Source: may include reference interface or application source code. You will treat source code as Intel confidential information which shall not be disclosed or shared with any other party. You may copy, modify, and compile the WS-Management Translator Source and distribute it in your own products in binary form, provided that if you modify the source code, you may not distribute the compiled product under the name Intel WS-Management Translator.

Redistributables: includes header, library, and dynamically linkable library files. You may copy and distribute Redistributables with your product.

End-User Documentation: includes textual materials intended for end users. You may copy, modify, and distribute End-User Documentation.

LICENSE RESTRICTIONS:
You may not reverse-assemble, reverse-compile, or otherwise reverse-engineer any software provided in binary form.

Upon Intel's release of an update, upgrade, or new version of the Materials, you will make reasonable efforts to discontinue distribution of the enclosed Materials and you will make reasonable efforts to distribute such updates, upgrades, or new versions to your customers who have received the Materials herein.

Distribution of the Materials is also subject to the following limitations: You: (i) shall be solely responsible to your customers for any update or support obligation or other liability which may arise from the distribution; (ii) do not make any statement that your product is "certified," or that its performance is guaranteed, by Intel; (iii) do not use Intel's name or trademarks to market your product without written permission from Intel; (iv) shall prohibit disassembly and reverse engineering of any object code licensed under the License Agreement, (v) shall not publish reviews of Materials designated herein as beta without written permission from Intel; and (vi) shall indemnify, hold harmless, and defend Intel and its suppliers from and against any claims or lawsuits, including reasonable attorney's fees, that arise or result from your distribution of any of the Materials with your product.

COPYRIGHT:
Title to the Mate rials and all copies thereof remain with Intel or its suppliers. The Materials are copyrighted and are protected by United States copyright laws and international treaty provisions. You will not remove any copyright notice from the Materials. You agree to prevent unauthorized copying of the Materials. Except as expressly provided herein, Intel does not grant any express or implied right to you under Intel patents, copyrights, trademarks, or trade secret information.

DISCLAIMER OF WARRANTY:
The Materials are provided "AS IS" without warranty of any kind and Intel disclaims all warranties, EITHER EXPRESS OR IMPLIED INCLUDING THOSE OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.

USER MODIFICATIONS:
Upon request from Intel, you will send Intel the modifications you have made to the Materials. You agree that any material, information, or other communication, including all data, images, sounds, text, and other things embodied therein, you transmit to Intel, or post to an Intel website will be considered non-confidential ("Communications"). Intel will have no confidentiality obligations with respect to the Communications. You agree that 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.

LIMITATION OF LIABILITY:
NEITHER INTEL NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERMINATION OF THIS LICENSE:
Intel may terminate this license at any time if you are in breach of any of its terms and conditions. Upon termination, you will immediately destroy the Materials or return all copies of the Materials to Intel along with any copies you have made.

U.S. GOVERNMENT RESTRICTED RIGHTS:
The Materials are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions set forth in FAR52.227-14 and DFAR252.227-7013 et. seq. or its successor. Use of the Materials by the Government constitutes acknowledgement of Intel's rights in them.

APPLICABLE LAWS:
Any claim arising under or relating to this Agreement shall be governed by the internal substantive laws of the State of Delaware or federal courts located in Delaware, without regard to principles of conflict of laws. You may not export the Materials in violation of applicable export laws.

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