End User License Agreements

Intel End User License Agreement for Developer Tools (Version September 2019)

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IMPORTANT NOTICE – PLEASE READ AND AGREE BEFORE DOWNLOADING, INSTALLING, COPYING OR USING

This Agreement is between you, or the company or other legal entity (“Legal Entity”) that you represent and warrant you have the legal authority to bind, (each, “You” or “Your”) and Intel Corporation and its subsidiaries (collectively, “Intel”) regarding Your use of the Materials. By downloading, installing, copying 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, or do not have legal authority or required age to agree to them, do not download, install, copy or otherwise use the Materials.

1. LICENSE DEFINITIONS.

A. “Cloud Provider” means a third party cloud service provider offering a cloud-based platform, infrastructure, application or storage services, such as Microsoft Azure or Amazon Web Services, which You may utilize solely subject to the restrictions set forth in Section 4.4 B.

B. “Computer” means a computer, workstation or server(s); as well as a container or virtual machine located on Your or Your Cloud Provider’s server.

C. “Derivative Work” means a derivative work, as defined in 17 U.S.C. § 101, of the Software Source Code, that You develop under this Agreement.

D. “Executable Code” means computer programming code in binary form suitable for machine execution by a processor without the intervening steps of interpretation or compilation.

E. “Instance” means a single running copy of the Materials on a Computer.

F. “Licensed Patent Claims” mean the claims of Intel’s patents that are necessarily and directly infringed by the reproduction and distribution of the Materials that is authorized in Section 2 below, when the Materials are in their unmodified form as delivered by Intel to You and not modified or combined with anything else. Licensed Patent Claims are only those claims that Intel can license without paying, or getting the consent of, a third party.

G. "Materials" mean the software, documentation, the software product serial number, and other collateral, including any updates and upgrades, that are made available to You by Intel under this Agreement. Materials include any Redistributables, Executable Code, Source Code, Sample Source Code, and Pre-Release Materials, but do not include Third Party Programs.

H. “Microsoft Platforms” mean any current and future Microsoft operating system products, Microsoft run-time technologies (such as the .NET Framework), and Microsoft application platforms (such as Microsoft Office or Microsoft Dynamics) that Microsoft offers.

I. “Pre-Release Materials” mean the portions of the Materials, that are identified (in the product release notes, on Intel’s download website for the Materials or elsewhere) or labeled as pre-release, prototype, alpha or beta code and, as such, the Pre-Release Materials are deemed to be pre-release code, which may not be fully functional or tested and may contain bugs or errors, which Intel may substantially modify in its development of a production version, and for which Intel makes no assurances that it will ever develop or make generally available a production version. Pre-Release Materials are subject to the terms of Section 4.2.

J. “Reciprocal Open Source Software” means any software that is subject to a license which requires that (a) it must be distributed in source code form; (b) it must be licensed under the same open source license terms; and (c) its derivative works must be licensed under the same open source license terms. Examples of this type of license are the GNU General Public License or the Mozilla Public License.

K. "Redistributables" mean the files (if any) listed in the “redist.txt”, “redist-rt.txt” or similarly-named text files that may be included in the Materials. Redistributables include Sample Source Code.

L. “Sample Source Code” means those portions of the Materials that are Source Code and are identified as sample code. Sample Source Code may not have been tested nor validated by Intel and is provided purely as a programming example.

M. “Source Code” means the software portion of the Materials provided in human readable format.

N. “Term” means either a perpetual license or time limited license for the Materials that You obtain as specified on Intel’s download website, in Intel’s applicable documentation or as controlled by the serial number for the Materials

O. “Third Party Programs” mean the files (if any) listed in the “third-party-programs.txt” or other similarly-named text file that may be included in the Materials for the applicable software.

P. “Your Product” means one or more applications, products or projects developed by or for You using the Materials.

2. LICENSE GRANTS.

2.1 License to the Materials. Subject to the terms and conditions of this Agreement, including, but not limited to, the applicable license type use restrictions in Section 3 and other restrictions in Section 4 below, and timely payment of any fees (if applicable), Intel grants You a non-exclusive, worldwide, non-assignable (except as expressly permitted hereunder), non-sublicensable, limited right and license for the Term:

A. under its copyrights, to:

(1) reproduce internally a reasonable number of copies of the Materials for Your personal or business use in accordance with the documentation or text files included as part of the Materials;

(2) use the Materials internally solely for Your personal or business use to develop Your Product, in accordance with the documentation or text files included as part of the Materials;

(3) modify or create Derivative Works of the Redistributables, or any portions, that are provided to You in Source Code;

(4) distribute (directly and through Your distributors, resellers and other channel partners, if applicable), the Redistributables including any modifications to or Derivative Works of the Redistributables made pursuant to Section 2.1.A(3), or any portions, subject to the following restrictions:

(a) Any distribution of the Redistributables must only be as part of Your Product which must add significant primary functionality different than that of the Redistributables themselves;

(b) Any additional restrictions which may appear in the text files with the Redistributables and in Section 4 below;

(c) The license under Section 2.1.A(4) includes the right to sublicense the Redistributables, but the sublicense rights are limited only to the sublicensing of any Intel copyrights in the Redistributables and only to the extent necessary to perform, display, and distribute the Redistributables (including Your modifications and Derivative Works thereto) solely as incorporated in Your Product; and

(d) You (i) will be solely responsible to Your customers for any update, support obligation or other liability which may arise from Your distribution of Your Product, (ii) will not make any statement that Your Product is "certified" or that its performance is guaranteed by Intel or its suppliers, (iii) will not use Intel's or its suppliers’ name or trademarks to market Your Product without written permission from Intel, (iv) will redistribute the Redistributables originally provided to You by Intel in Executable Code subject to a license agreement that prohibits disassembly and reverse engineering of the Redistributables, (v) will indemnify, hold harmless, and defend Intel and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from Your modifications, Derivative Works or Your distribution of Your Product;

and

B. under Intel’s Licensed Patent Claims, to:

(1) make copies of the Materials only as specified in Section 2.1.A(1);

(2) use the Materials only as specified in Section 2.1.A(2); and

(3) offer to distribute, and distribute, but not sell, the Redistributables only as part of Your Product under Intel’s copyright license granted in Section 2.1(A), but only under the terms of that copyright license and not as a sale;

And, provided further, that the license under the Licensed Patent Claims does not and will not apply to, and Intel does not expressly grant You a patent license in this Agreement to, any modifications to, or Derivative Works of, the Materials or Redistributables, whether made by You, Your contractor(s), Your customer(s) (which, for all purposes under this Agreement, will mean either a customer, reseller, distributor or other channel partner) or any third party, even if the modification and Derivative Works are permitted under 2.1.A(3).

2.2 Evaluation License. Subject to the terms and conditions of this Agreement, including, but not limited to, the applicable Evaluation License type use restrictions in Section 3.4 and other restrictions in Section 4 below, Intel grants You a non-exclusive, non-assignable, non-sublicensable, limited right and license during the Term to (i) internally reproduce a reasonable number of copies of the Materials for Your evaluation, (ii) internally use the Materials for Your evaluation, and (iii) create Derivative Works of the Redistributables provided in Source Code as part of Your evaluation. This license does not authorize any redistribution, public performance or public display of the Materials, Derivative Works or the Redistributables, and any application and/or product developed by You using the Materials, Derivative Works or the Redistributables may only be used for evaluation purposes.

2.3 Third Party Programs and Other Intel Programs Licenses. Third Party Programs, even if included with the distribution of the Materials, are governed by separate license terms, including without limitation, third party license terms, other Intel software license terms, and open source software license terms. Such separate license terms (and not this Agreement) solely govern Your use of the Third Party Programs.

3. LICENSE USE TYPES. All license types are subject to compliance with all the terms and conditions of this Agreement. The license type You receive will be specified in writing by (1) Intel directly, (2) in the product release notes for the Materials, (3) on Intel’s download website for the Materials, or (4) from an authorized Intel distributor.

3.1 Single Named-User License Type. Subject to Section 2.1, a single named-user license type authorizes You to run as many Instances as needed for Your exclusive individual use.

3.2 Floating License Type. Subject to Section 2.1, a floating license type authorizes You to run as many Instances as needed on a designated network(s) for use by no more than the authorized number of concurrent users.

3.3 Site License Type. Subject to Section 2.1, a site license type (i.e., the Materials include the text file named “site_license_materials.txt”), authorizes You to run as many Instances as needed for use by any number of concurrent users located at the specified site or sites.

3.4 Evaluation License Type. Subject to Section 2.2, an evaluation license type authorizes You to run as many instances as needed for your evaluation of the Materials.

4. LICENSE CONDITIONS.

4.1 Restrictions. Except as expressly provided in this Agreement, You may NOT: (i) use, copy, distribute, or publicly display the Materials; (ii) share, publish, rent or lease the Materials to any third party; (iii) assign this Agreement or transfer the Materials; (iv) modify, adapt, or translate the Materials in whole or in part; (v) reverse engineer, decompile, or disassemble the Materials, or otherwise attempt to derive the source code for the software; (vi) work around any technical limitations in the software or attempt to modify or tamper with the normal function of any license manager that may regulate usage of the Materials; (vii) distribute, sublicense or transfer the Source Code form of any components of the Materials or Derivative Works to any third party; (viii) distribute the Redistributables to run on a platform other than a Microsoft Platform if according to the accompanying user documentation the Materials are meant to execute only on a Microsoft Platform; (ix) remove, minimize, block or modify any notices of Intel or its suppliers in the Materials; (x) include the Redistributables in malicious, deceptive, or unlawful programs or products or use the Materials in any way that is against the law; (xi) modify, create a Derivative Work, link, or distribute the Materials so that any part of it becomes Reciprocal Open Source Software; (xii) use the Materials directly or indirectly for SaaS services or service bureau purposes (i.e., a service whereby the use of or access to the Materials is provided to a third party as a service, such as in the salesforce.com service business model).

4.2 Pre-Release Materials. If You receive Pre-Release Materials, You may reproduce a reasonable number of copies, and use the Pre-Release Materials for evaluation, and testing purposes. You may not (i) modify or incorporate the Pre-Release Materials into any product You are developing; (ii) continue to use the Pre-Release Materials if and once a commercial version is released; and (iii) disclose to any third party any benchmarks or other performance results, or other information relating to the Pre-Release Materials. Intel may waive these restrictions in writing at its sole discretion; however, if You decide to use the Pre-Release Materials in Your Product (even with Intel’s waiver), You acknowledge and agree that You are fully responsible for any issues that result from the modification or incorporation of the Pre-Release Materials into Your Product.

4.3 Safety, Critical, and Lifesaving Applications. The Materials may provide information relevant to safety-critical applications to allow compliance with functional safety standards or requirements (“Safety-Critical Applications”). You understand and acknowledge that safety is Your responsibility. To the extent You use the Materials to create, or as part of, products used in Safety-Critical Applications it is Your responsibility to design, manage and assure system-level safeguards to anticipate, monitor and control system failures, and You agree that You are solely responsible for all applicable regulatory standards and safety-related requirements concerning Your use of the Materials in Safety Critical Applications. Should You use the Materials for Safety-Critical Applications or in any type of a system or application in which the failure of the Materials could create a situation where personal injury or death may occur (e.g., medical systems, life sustaining or lifesaving systems) (“Lifesaving Applications”), You agree to indemnify, defend, and hold Intel and its representatives harmless against all claims, costs, damages, and expenses, including reasonable attorney fees arising in any way out of Your use of the Materials in Safety-Critical Applications and claims of product liability, personal injury or death associated with Lifesaving Applications; even if, for either type of application, such claims allege that Intel was negligent or strictly liable regarding the design or manufacture of the Materials or its failure to warn regarding the Materials.

4.4 Third Party Use.

A. If you are an entity, Your contractors may use the Materials as specified in Section 2 above, provided: (i) their use of the Materials is solely on behalf of and in support of Your business, (ii) they agree to the terms and conditions of this Agreement, and (iii) You are solely responsible for their use of the Materials.

B. You may utilize a Cloud Provider to host the Materials for You, provided: (i) the Cloud Provider may only host the Materials for Your exclusive use and may not use the Materials for any other purpose whatsoever, including the restriction set forth in Section 4.1(xii); (ii) the Cloud Provider’s use of the Materials must be solely on behalf of and in support of Your Product, and (iii) You will indemnify, hold harmless, and defend Intel and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from Your Cloud Provider’s use, misuse or disclosure of the Materials.

4.5 Media Format Codecs and Digital Rights Management. You acknowledge and agree that Your use of the Materials or distribution of the Redistributables with Your Product as permitted by this Agreement may require You to procure license(s) from one or more third parties that may hold intellectual property rights applicable to any media decoding, encoding or transcoding technology (such as, for example, through use of an audio or video codec) and/or digital rights management capabilities of the Materials, if any. Should any such additional licenses be required, You are solely responsible for obtaining any such licenses and agree to obtain any such licenses at Your own expense.

4.6 Materials Transfer. You may only permanently transfer the Materials, and all of Your rights and obligations under this Agreement, to another party (“Recipient”) solely in conjunction with a change of ownership, merger, acquisition, sale or transfer of all or substantially all of Your business or assets, either voluntarily, by operation of law or otherwise subject to the following: You must notify Intel of the transfer by sending a letter to Intel: (i) identifying the legal entities of Recipient and You, (ii) identifying the Materials (i.e., the specific Intel software and version) and the associated serial numbers to be transferred, (iii) certifying that You retain no copies of the Materials or portions, (iv) certifying that the Recipient has agreed in writing to be bound by all of the terms and conditions of this Agreement, (v) certifying that the Recipient has been notified that in order to receive support from Intel for the Materials they must notify Intel in writing of the transfer and provide Intel with the information specified in subsection (ii) above along with the name and email address of the individual assigned to use the Materials, and (vi) providing Your email address so that Intel may confirm receipt of Your letter. Please send such letter to:

Intel Corporation
2111 NE 25th Avenue
Hillsboro, OR 97124
Attn: CPDP Contracts Management, JF2-28

5. DATA COLLECTION AND PRIVACY.

5.1 Anonymous Data Collection by Materials. Certain Materials may generate and collect anonymous data about the Materials and transmit it to Intel as a one-time event during installation. This anonymous data collection may include, but is not limited to, product name, product version, license type, support type, installation status, and development environment. Anonymous data collection by the Materials does not include: (a) any personal or personally identifiable data of You, an end user or a data subject; or (b) data or information identifying a business entity. The purpose of the anonymous data collection by the Materials is to enable Intel to develop, improve, and support Intel’s products and services.

5.2 Provisioning Data Collection. Provisioning data may be collected and transmitted to Intel as a one-time event during installation in order to activate the Materials. This collection may be mandatory and a condition of using the Materials in order to verify the right to use the Materials. Provisioning data includes the Material’s unique serial number and it may be combined with other information about the Materials and Your Computer. Provisioning data is not shared with or disclosed to parties outside of Intel. Intel may retain the provisioning data indefinitely.

5.3 Other Data Collection.

A. Collection of Registration Data. Some Materials may require registration of the Materials with Intel during installation. The information currently collected during registration is Your first name, Your last name, Your email, Your company, and Your country. The registration information is subject to change, however, You will be notified at the time of registration what information will be collected, why it is being collected, how long it will be retained by Intel, and how to have Your registration information removed from Intel’s registration database if You so choose to do so at a later date.

B. Optional Collection of Analytical Data. You may be given the option during installation of the Materials to consent to the collection of analytical data. Analytical data may include technical information about Your software installation and runtime status (such as installation metrics, serial number, counters, flags, and timestamps), and Your development environment (such as operating system, CPU architecture, and other Intel products installed). You will be notified at the time of installation what analytical data will be collected if You agree to such collection, why it is being collected, how long it will be retained by Intel, and how to stop the collection of analytical data if You so choose to do so at a later date.

C. Required Collection of Analytical Data. For certain Materials, the collection of analytical data as described in Section 5.3 B may be a requirement of use. In these cases, You will be given notice and the option to cancel the download or installation of the Materials if you do not wish to consent to the collection of analytical data.

5.4 Intel’s Privacy Notice. Intel is committed to respecting Your privacy. To learn more about Intel’s privacy practices, please visit http://www.intel.com/privacy.

6. OWNERSHIP. Title to the Materials and all copies remain with Intel or its suppliers. The Materials are protected by intellectual property rights, including without limitation, United States copyright laws and international treaty provisions. You will not remove any copyright or other proprietary notice from the Materials. You agree to prevent any unauthorized copying of the Materials. Except as expressly provided herein, no license or right is granted to You directly or by implication, inducement, estoppel or otherwise; specifically Intel does not grant any express or implied right to You under Intel patents, copyrights, trademarks, or trade secrets.

7. NO WARRANTY AND NO SUPPORT.

7.1 No Warranty. Disclaimer. Intel disclaims all warranties of any kind and the terms and remedies provided in this Agreement are instead of any other warranty or condition, express, implied or statutory, including those regarding merchantability, fitness for any particular purpose, non-infringement or any warranty arising out of any course of dealing, usage of trade, proposal, specification or sample. Intel does not assume (and does not authorize any person to assume on its behalf) any other liability.

7.2 No Support; Limited Paid Support. Intel may make changes to the Materials, or to items referenced therein, at any time without notice, but is not obligated to support, update or provide training for the Materials under the terms of this Agreement. Intel offers limited paid support options under separate written terms. You may request additional information on Intel’s support offerings from an Intel representative.

8. LIMITATION OF LIABILITY. Use of the Materials are at Your own risk. In no event will Intel or its suppliers be liable for any direct, indirect, incidental, consequential, special, or other losses or damages arising out of or related to this Agreement or Your use of the Materials, including without limitation, any of the following losses or damages (whether such losses or damages were foreseen, foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; (v) loss of business; (vi) loss of opportunity; (vii) loss of goodwill; (viii) loss of use of the Software; (ix) loss of reputation; (x) loss of, damage to, or corruption of data; or (xi) any indirect, incidental special or consequential loss of damage however caused (including loss or damage of the type specified in this Section 6).

9. USER SUBMISSIONS. This Agreement does not obligate You to provide Intel with materials, information, comments, suggestions or other communication regarding the Materials. However, You agree that any material, information, comments, suggestions or other communication You transmit or post to an Intel website (including but not limited to, submissions to the Intel Priority Support and/or other customer support websites or online portals) or provide to Intel under this Agreement are not controlled by the International Traffic in Arms Regulations (ITAR) or the Export Administration Regulation (EAR), and if related to the features, functions, performance or use of the Materials are deemed non-confidential and non-proprietary ("Communications"). Intel will have no obligations with respect to the Communications. You hereby grant to Intel a non-exclusive, perpetual, irrevocable, royalty-free, copyright license 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 and all data, images, sounds, text, and other things embodied therein, including Derivative Works thereto, for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from an Intel website or provide to Intel any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. If You wish to provide Intel with information that You intend to be treated as confidential information, Intel requires that such confidential information be provided pursuant to a non-disclosure agreement (“NDA”); please contact Your Intel representative to ensure the proper NDA is in place.

Nothing in this Agreement will be construed as preventing Intel from reviewing Your Communications and errors or defects in Intel products discovered while reviewing Your Communications. Furthermore, nothing in this Agreement will be construed as preventing Intel from implementing independently-developed enhancements to Intel’s own error diagnosis methodology to detect errors or defects in Intel products discovered while reviewing Your Communications or to implement bug fixes or enhancements in Intel products. The foregoing may include the right to include Your Communications in regression test suites.

10. NON-DISCLOSURE. Information provided by Intel to You may include information marked as confidential. You must treat such information as confidential under the terms of the applicable NDA between Intel and You. If You have not entered into an NDA with Intel, You must not disclose, distribute or make use of any information marked as confidential, except as expressly authorized in writing by Intel. Intel retains all rights in and to its confidential information specifications, designs, engineering details, discoveries, inventions, patents, copyrights, trademarks, trade secrets and other proprietary rights relating to the Materials. Any breach by You of the confidentiality obligations provided for in this Section 10 will cause irreparable injury to Intel for which money damages may be inadequate to compensate Intel for losses arising from such a breach. Intel may obtain equitable relief, including injunctive relief, if You breach or threaten to breach Your confidentiality obligations.

11. TERMINATION OF THIS LICENSE. This Agreement becomes effective on the date You accept this Agreement and will continue until terminated as provided for in this Agreement. If You are using the Materials under a license with a limited Term, this Agreement terminates without notice on the last day of the license Term. Intel may terminate this license immediately if You are in breach of any of its terms and conditions and such breach is not cured within thirty (30) days of written notice from Intel. Upon termination, You will immediately return to Intel or destroy the Materials and all copies. In the event of termination of this Agreement, the license grant to any Redistributables distributed by You in accordance with the terms and conditions of this Agreement, prior to the effective date of such termination, will survive any such termination of this Agreement. Sections 1, 2.3, 5, 6, 7, 8, 9, 10, 11, 12, and 13 will survive expiration or termination of this Agreement.

12. U.S. GOVERNMENT RESTRICTED RIGHTS. The technical data and computer software covered by this license is a “Commercial Item,” as such term is defined by the FAR 2.101 (48 C.F.R. 2.101) and is “commercial computer software” and “commercial computer software documentation” as specified under FAR 12.212 (48 C.F.R. 12.212) or DFARS 227.7202 (48 C.F.R. 227.7202), as applicable. This commercial computer software and related documentation is provided to end users for use by and on behalf of the U.S. Government, with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

13. GENERAL PROVISIONS.

13.1 ENTIRE AGREEMENT. This Agreement contains the complete and exclusive agreement and understanding between the parties concerning the subject matter of this Agreement, and supersedes all prior and contemporaneous proposals, agreements, understanding, negotiations, representations, warranties, conditions, and communications, oral or written, between the parties relating to the same subject matter. This Agreement, including without limitation its termination, has no effect on any signed NDA between the parties, which remain in full force and effect as separate agreements to their terms. Each party acknowledges and agrees that in entering into this Agreement it has not relied on, and will not be entitled to rely on, any oral or written representations, warranties, conditions, understanding, or communications between the parties that are not expressly set forth in this Agreement. The express provisions of this Agreement control over any course of performance, course of dealing, or usage of the trade inconsistent with any of the provisions of this Agreement. The provisions of this Agreement will prevail notwithstanding any different, conflicting, or additional provisions that may appear on any purchase order, acknowledgement, invoice, or other writing issued by either party in connection with this Agreement. No modification or amendment to this Agreement will be effective unless in writing and signed by authorized representatives of each party, and must specifically identify this Agreement by its title and version (e.g., “Intel End User License Agreement for Developer Tools (Version September 2019)”); except that Intel may make changes to the Agreement as it distributes new versions of the Materials. When changes are made, Intel will make a new version of the Agreement available on its website. If You received a copy of this Agreement translated into another language, the English language version of this Agreement will prevail in the event of any conflict between versions.

13.2 EXPORT. You acknowledge that the Materials and all related technical information are subject to export controls and you agree to comply with all laws and regulations of the United States and other applicable governments governing export, re-export, import, transfer, distribution, and use of the Materials. In particular, but without limitation, the Materials may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to any person or entity listed on a denial order published by the U.S. government or any other applicable governments. By using the Materials, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use the Materials for, or sell or transfer them to a third party who is known or suspected to be involved in, any purposes prohibited by the U.S. government or other applicable governments, including, without limitation, the development, design, manufacture, or production of nuclear, missile, chemical or biological weapons.

13.3 GOVERNING LAW, JURISDICTION, AND VENUE. All disputes arising out of or related to this Agreement, whether based on contract, tort, or any other legal or equitable theory, will in all respects be governed by, and construed and interpreted under, the laws of the United States of America and the State of Delaware, without reference to conflict of laws principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from and will not apply to this Agreement. All disputes arising out of or related to this Agreement, whether based on contract, tort, or any other legal or equitable theory, will be subject to the exclusive jurisdiction of the courts of the State of Delaware or of the Federal courts sitting in that State. Each party submits to the personal jurisdiction of those courts and waives all objections to that jurisdiction and venue for those disputes.

13.4 SEVERABILITY. The parties intend that if a court holds that any provision or part of this Agreement is invalid or unenforceable under applicable law, the court will modify the provision to the minimum extent necessary to make it valid and enforceable, or if it cannot be made valid and enforceable, the parties intend that the court will sever and delete the provision or part from this Agreement. Any change to or deletion of a provision or part of this Agreement under this Section will not affect the validity or enforceability of the remainder of this Agreement, which will continue in full force and effect.

* Other names and brands may be claimed as the property of others

End User License Agreement for the Intel® Software Development Products (Version October 2018)

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IMPORTANT INFORMATION ABOUT YOUR RIGHTS, OBLIGATIONS AND THE USE OF YOUR DATA – PLEASE READ AND AGREE BEFORE DOWNLOADING, INSTALLING, COPYING OR USING

This Agreement forms a legally binding contract between you, or the company or other legal entity (“Legal Entity”) for which you represent and warrant that you have the legal authority to bind that Legal Entity, (each, “You” or “Your”) and Intel Corporation and its subsidiaries (collectively “Intel”) regarding Your use of the Materials. By downloading, installing, copying 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 download, install, copy or otherwise use the Materials. You affirm that You are 18 years old or older or, if not, Your parent, legal guardian or Legal Entity must agree and enter into this Agreement on your behalf.

1. LICENSE DEFINITIONS.

A. "Cloud Provider" means a third party cloud service provider offering a cloud-based platform, infrastructure, application or storage services, such as Microsoft Azure or Amazon Web Services, which You may utilize solely subject to the restrictions set forth in Section 4.3 B.

B. "Computer" means a computer, workstation or server(s); as well as a container or virtual machine located on Your or Your Cloud Provider’s server.

C. "Confidential Information" means all Materials (as defined below), including any portions thereof, that are identified (in the product release notes, on Intel’s download website for the Materials or elsewhere) or labeled as Intel confidential information or with a similar legend.

D. "Derivative Work" means a derivative work, as defined in 17 U.S.C. § 101, of the Software Source Code, that You developed.

E. "Excluded License" means a license that requires, as a condition of use, modification, or distribution, that the licensed software or other software incorporated into, derived from or distributed with such software (a) be disclosed or distributed in Source Code form; (b) be licensed by the user to third parties for the purpose of making and/or distributing Derivative Works; or (c) be redistributable at no charge. Excluded Licenses include, without limitation, licenses that license or distribute software under any of the following licenses or distribution models, or licenses or distribution models substantially similar to any of the following: (a) GNU’s General Public License (GPL) or Lesser/Library GPL (LGPL), (b) the Artistic License (e.g., PERL), (c) the Mozilla Public License, (d) the Netscape Public License, (e) the Sun Community Source License (SCSL), (f) the Sun Industry Source License (SISL), and (g) the Common Public License (CPL).

F. "Instance" means a single running copy of the Materials on a Computer.

G. "Licensed Patent Claims" mean the claims of Intel’s patents that are necessarily and directly infringed by the reproduction and distribution of the Materials that is authorized in Section 2 below, when the Materials are in their unmodified form as delivered by Intel to You and not modified or combined with anything else. Licensed Patent Claims are only those claims that Intel can license without paying, or getting the consent of, a third party.

H. "Materials" mean the software, documentation, the software product serial number, and other materials, including any modifications, updates and upgrades thereto, that are provided to You under this Agreement. Materials also include any Redistributables, Source Code, Sample Source Code, and Pre-Release Materials, as defined below, but do not include Third Party Programs.

I. "Microsoft Platforms" mean any current and future Microsoft operating system products, Microsoft run-time technologies (such as the .NET Framework), and Microsoft application platforms (such as Microsoft Office or Microsoft Dynamics) that Microsoft offers.

J. "Pre-Release Materials" mean the Materials, or portions thereof, that are identified (in the product release notes, on Intel’s download website for the Materials or elsewhere) or labeled as pre-release, prototype, alpha or beta code and, as such, the Pre-Release Materials are deemed to be pre-release code not suitable for commercial release, which may not be fully functional or tested and may contain bugs or errors, which Intel may substantially modify in its development of a commercial version, and for which Intel makes no assurances that it will ever develop or make generally available a commercial version.

K. "Redistributables" mean the files (if any) listed in the “redist.txt”, “redist-rt.txt” or similarly-named text files that may be included in the Materials for the applicable “Intel Software Development Product.”

L. "Sample Source Code" means those portions of the Materials that are Source Code files and are identified as sample source code. Sample Source Code may not be tested nor validated and is provided purely for Your convenience as a programming example.

M. "Source Code" means the software (and not documentation or text) portion of the Materials provided in human readable format, and includes modifications to the Source Code that You make or are made on Your behalf as expressly permitted under the terms of this Agreement.

N. "Third Party Programs" mean the files (if any) listed in the “third-party-programs.txt” text file that may be included in the Materials for the applicable software.

O. "Your Product" means one or more commercial applications or products developed by or for You using the Materials.

P. "Your Project" means one or more noncommercial applications, which may include personal use, not-for-profit business use, educational use, internal evaluation or open source applications, developed by or for You using the Materials.

2. LICENSE GRANTS.

2.1 License for Commercial License Types. Subject to the terms and conditions of this Agreement, including, but not limited to, the applicable license type use restrictions in Section 3.1 and other restrictions in Section 4 below, and timely payment of any fees (if applicable), Intel grants You a non-exclusive, worldwide, non-assignable (except as expressly permitted hereunder), limited right and license for the term You obtained pursuant to Section 3:

A. under its copyrights, to:

(1) reproduce internally a reasonable number of copies of the Materials for Your internal business use in accordance with the documentation or text files included as part of the Materials; provided, however, that this license does not include the right to sublicense and may only be exercised by You or Your employees;

(2) use the Materials solely for Your internal business use to develop Your Product, in accordance with the documentation or text files included as part of the Materials, provided, however, that this license does not include the right to sublicense and may only be exercised by You or Your employees;

(3) modify or create Derivative Works of the Materials or any portions thereof, that are provided in Source Code form, provided, however, that this license does not include the right to sublicense and may be exercised only by You or Your employees;

(4) publicly perform, publicly display, and distribute (directly and through Your distributors, resellers and other channel partners) or otherwise make publicly available the Redistributables, including any modifications to or Derivative Works of the Redistributables made pursuant to Section 2.1.A(3), or any portions thereof, subject to the following restrictions:

(a) Any distribution of the Redistributables must only be as part of Your Product which must add significantly more functionality than the Redistributables themselves;

(b) Any additional restrictions which may appear in the Redistributables text files specified in Section 1.K above and in Section 4 below; and

(c) The license under Section 2.1.A(4) includes the right to sublicense the Redistributables, but the sublicense rights are limited only to the sublicensing of any Intel copyrights in the Redistributables and only to the extent necessary to perform, display, and distribute the Redistributables (including Your modifications and Derivative Works thereto) solely as incorporated in Your Product.

(d) You (i) will be solely responsible to Your customers for any update, support obligation or other liability which may arise from Your distribution of Your Product, (ii) will not make any statement that Your Product is "certified" or that its performance is guaranteed by Intel, (iii) will not use Intel's name or trademarks to market Your Product without written permission from Intel, (iv) will provide the Redistributables subject to a license agreement that prohibits disassembly and reverse engineering of the Redistributables except in cases where You provide Your Product subject to an open source license that is not an Excluded License, (e.g., the BSD license or the MIT license), (v) will indemnify, hold harmless, and defend Intel and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from Your modifications, Derivative Works or Your distribution of Your Product.

and

B. under Intel’s Licensed Patent Claims, to:

(1) make copies of the Materials only as specified in Section 2.1.A(1);

(2) use the Materials only as specified in Section 2.1.A(2); and

(3) offer to distribute, and distribute, but not sell, the Redistributables only as part of Your Product under Intel’s copyright license granted in Section 2.1(A), but only under the terms of that copyright license and not as a sale (and this right does not include the right to sub-license);

And, provided further, that the license under the Licensed Patent Claims does not and will not apply to, and Intel does not expressly grant You a patent license in this Agreement to, any modifications to, or Derivative Works of, the Materials, whether made by You, Your contractor(s), Your customer(s) (which, for all purposes under this Agreement, will mean either a customer, reseller, distributor or other channel partner) or any third party, even if the modification and Derivative Works are permitted under 2.1.A(3).

2.2 License for Noncommercial License Types. Subject to the terms and conditions of this Agreement, including, but not limited to, the applicable license type use restrictions in Section 3.2 and other restrictions in Section 4 below, and timely payment of any fees (if applicable), Intel grants You a non-exclusive, worldwide, non-assignable, limited right and license for the term You obtained pursuant to Section 3, and under its copyrights, to:

A. reproduce a reasonable number of copies of the Materials internally and use the Materials solely for Your Project in accordance with the documentation or text files included as part of the Materials, and for no commercial uses whatsoever; provided, however, that this license does not include the right to sublicense and may only be exercised by You or Your employees (if any);

B. modify or create Derivative Works of the Materials, or any portions thereof, that are provided in Source Code form, provided, however, that this license does not include a right to redistribute the modifications or Derivative Works of the Materials, or the right to sublicense and may be exercised only by You or Your employees (if any);

C. except for an evaluation license type, publicly perform, publicly display, and distribute or otherwise make publicly available the Redistributables, including any modifications to or Derivative Works of the Redistributables made pursuant to Section 2.2.B, or any portions thereof only for noncommercial uses, subject to the following restrictions:

(1) any distribution of the Redistributables must only be as part of Your Project which must add significantly more functionality than the Redistributables themselves;

(2) any additional restrictions which may appear in the Redistributables text files specified in Section 1.K above and in Section 4.1 below; and

(3) the license under this Section 2.2.C includes the right to sublicense the Redistributables, but the sublicense rights are limited only to the sublicensing of any Intel copyrights in the Redistributables and only to the extent necessary to perform, display, and distribute the Redistributables (including Your modifications and Derivative Works thereto) solely as incorporated in Your Project.

(4) You (i) will be solely responsible for any update, support obligation or other liability which may arise from Your distribution of Your Project, (ii) will not make any statement that Your Project is "certified" or that its performance is guaranteed by Intel, (iii) will not use Intel's name or trademarks in connection with Your Project without written permission from Intel, (iv) will provide the Redistributables subject to a license agreement that prohibits disassembly and reverse engineering of the Redistributables except in cases where You provide Your Project subject to an open source license that is not an Excluded License (e.g., the BSD license or the MIT license), (v) will indemnify, hold harmless, and defend Intel and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from Your modifications, Derivative Works or Your distribution of Your Project.

2.3 Third Party Programs and Other Intel Programs Licenses. Third Party Programs, even if included with the distribution of the Materials, are governed by separate license terms, including without limitation, third party license terms, other Intel software license terms, and open source software license terms. Such separate license terms (and not this Agreement) solely govern Your use of the Third Party Programs.

3. LICENSE USE TYPES.

3.1 Commercial License Types. Commercial license types are provided under the terms of the license set forth in Section 2.1. If you have obtained a license to the Materials under any of these commercial license types, you may also use the Materials for Your Project.

A. Single Named-User License. If You obtain the Materials under a single named-user license type, You may run as many Instances as needed for Your exclusive use, subject to Your compliance with all of the terms and conditions of this Agreement. You may obtain either a perpetual or time limited license. If You obtain a single named-user license type that is also time limited, the term of Your license is specified on Intel’s download website, in the applicable documentation or controlled by the serial number for the Materials.

B. Floating License. If You obtain the Materials under a floating license type, You may run as many Instances as needed on the designated network for use by no more than the authorized number of concurrent users, subject to their compliance with all of the terms and conditions of this Agreement. You may obtain either a perpetual or time limited license. If You obtain a floating license type that is also time limited, the term of Your license is specified on Intel’s download website, in the applicable documentation or controlled by the serial number for the Materials.

C. Site License. If You obtain the Materials under a site license type (i.e., the Materials include the text file named “site_license_materials.txt”), You may run as many Instances as needed for use by any number of concurrent users located at the specified site or sites, subject to their compliance with all of the terms and conditions of this Agreement. You may obtain either a perpetual or time limited license. If You obtain a site license type that is also time limited, the term of Your license is specified on Intel’s download website, in the applicable documentation or controlled by the serial number for the Materials.

D. Community License. If You obtain the Materials under a community license type, You may run as many instances as needed for Your exclusive use, subject to Your compliance with all of the terms and conditions of this Agreement. The Materials are provided under a time limited license as specified on Intel’s download website, in the applicable documentation or controlled by the serial number for the Materials.

3.2 Noncommercial License Types. Noncommercial license types are provided under the terms of the license set forth in Section 2.2.

A. Evaluation License. If You obtain the Materials under an evaluation license type, You may run as many instances as needed for your evaluation of the Materials, subject to Your compliance with all of the terms and conditions of this Agreement. You may not distribute any portion of the Materials, and any application and/or product developed by You may only be used for evaluation purposes and only for the term of the evaluation. The Materials are provided under a time limited license as specified on Intel’s download website, in the applicable documentation or controlled by the serial number for the Materials.

1) Pre-Release Materials. If the Materials You receive are Pre-Release Materials, in addition to the license restrictions in Section 2.2 and the restrictions in 3.2.A above, (i) You may not modify or incorporate the Pre-Release Materials into any product You are developing; (ii) You may not continue to use the Pre-Release Materials if and once a commercial version is released; and (iii) You may not disclose to any third party any benchmarks, performance results, or other information relating to the Pre-Release Materials.

B. Noncommercial Use License. If You obtain the Materials under a noncommercial use license type, You may run as many instances as needed for Your exclusive use, subject to Your compliance with all of the terms and conditions of this Agreement. Any work performed or produced as a result of use of the Materials cannot be performed or produced for the benefit of other parties, including but not limited to, for a fee, compensation or any other reimbursement or remuneration, or “not for profit.” The Materials are provided under a time limited license as specified on Intel’s download website, in the applicable documentation or controlled by the serial number for the Materials.

C. Educational License. If You obtain the Materials under an educational license type, You must be a teacher, professor, or a student and You may only use the Materials for educational purposes. Any work performed or produced as a result of use of the Materials cannot be performed or produced for the benefit of other parties, including but not limited to, for a fee, compensation or any other reimbursement or remuneration, or “not for profit.” The Materials are provided under a time limited license as specified on Intel’s download website, in the applicable documentation or controlled by the serial number for the Materials. There are two educational license types as follows:

1) Single Named-User Educational License. If You obtain the Materials under a single named-user educational license type, You may run as many instances as needed for Your exclusive use, subject to Your compliance with all of the terms and conditions of this Agreement.

2) Floating Educational License. If You obtain the Materials under a floating educational license type, You may run as many Instances as needed on the designated network for use by no more than the authorized number of concurrent users, subject to their compliance with all of the terms and conditions of this Agreement.

4. LICENSE CONDITIONS.

4.1 Restrictions. Except as expressly provided in this Agreement, You may NOT: (i) use, copy, distribute, or publicly display the Materials; (ii) rent or lease the Materials to any third party; (iii) assign this Agreement or transfer the Materials; (iv) modify, adapt, or translate the Materials in whole or in part; (v) reverse engineer, decompile, or disassemble the Materials; (vi) attempt to modify or tamper with the normal function of any license manager that may regulate usage of the Materials; (vii) distribute, sublicense or transfer the Source Code form of any components of the Materials or derivatives thereof to any third party; (viii) distribute Redistributables except as part of a larger program that adds significant primary functionality different from that of the Redistributables; (ix) distribute the Redistributables to run on a platform other than a Microsoft Platform if according to the accompanying user documentation the Materials are meant to execute only on a Microsoft Platform; (x) include the Redistributables in malicious, deceptive, or unlawful programs or products; (xi) modify, create a Derivative Work, link, or distribute the Materials so that any part of it becomes subject to an Excluded License; or (xii) use the Materials directly or indirectly for service bureau purposes (i.e., a service whereby the use of or access to the Materials (including the Redistributables) is provided to a third party as a service, as opposed to granting use of or access to the Materials (including the Redistributables) to a third party through an end user license agreement. An example of a service bureau service is the salesforce.com service business model).

4.2 Safety, Critical, and Lifesaving Applications. Safety is Your responsibility. To the extent You use the Materials to create, or as part of, products used in safety-critical applications designed to comply with functional safety standards or requirements (“Safety-Critical Applications”), it is Your responsibility to design, manage and assure system-level safeguards to anticipate, monitor and control system failures, and You agree that You are solely responsible for all applicable regulatory standards and safety-related requirements concerning Your use of the Materials in Safety Critical Applications. The Materials are also not designed, intended, or authorized for use in any type of a system or application in which the failure of the Materials could create a situation where personal injury or death may occur (e.g., medical systems, life sustaining or lifesaving systems) (“Lifesaving Applications”). Should You use the Materials for Safety-Critical Applications or Life-saving Applications, You agree to indemnify, defend, and hold Intel and its representatives harmless against all claims, costs, damages, and expenses, including reasonable attorney fees arising in any way out of Your use of the Materials in Safety-Critical Applications and claims of product liability, personal injury or death associated with Lifesaving Applications; even if, for either type of application, such claims alleges that Intel was negligent regarding the design or manufacture of the Materials.

4.3 Third Party Use.

A. If You are an entity with a license pursuant to Section 3.1, Your contractors may use the Materials as specified in Section 2 above, provided: (i) their use of the Materials is solely on behalf of and in support of Your business, (ii) they agree to the terms and conditions of this Agreement, and (iii) You are solely responsible for their use of the Materials.

B. You may utilize a Cloud Provider to host the Materials for You, provided: (i) the Cloud Provider may only host the Materials for Your exclusive use and may not use the Materials for any other purpose whatsoever, including the restriction set forth in Section 4.1(xii); (ii) the Cloud Provider’s use of the Materials must be solely on behalf of and in support of Your Product or Your Project (as applicable), and (iii) You will indemnify, hold harmless, and defend Intel and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from Your Cloud Provider’s use, misuse or disclosure of the Materials.

4.4 Media Format Codecs and Digital Rights Management. You acknowledge and agree that Your use of the Materials or distribution of the Materials with Your Product or Your Project as permitted by this license may require You to procure license(s) from one or more third parties that may hold intellectual property rights applicable to any media decoding, encoding or transcoding technology (such as, for example, through use of an audio or video codec) and/or digital rights management capabilities of the Materials, if any. Should any such additional licenses be required, You are solely responsible for obtaining any such licenses and agree to obtain any such licenses at Your own expense.

4.5 Materials Transfer. You may only permanently transfer the Materials you receive pursuant to a license type listed in Section 3.1 above, and all of Your rights under this Agreement, to another party (“Recipient”) solely in conjunction with a change of ownership, merger, acquisition, sale or transfer of all or substantially all of Your business or assets, either voluntarily, by operation of law or otherwise subject to the following: You must notify Intel of the transfer by sending a letter to Intel: (i) identifying the legal entities of Recipient and You, (ii) identifying the Materials (i.e., the specific Intel software and version) and the associated serial numbers to be transferred, (iii) certifying that You retain no copies of the Materials or portions thereof, (iv) certifying that the Recipient has agreed in writing to be bound by all of the terms and conditions of this Agreement, (v) certifying that the Recipient has been notified that in order to receive support from Intel for the Materials they must notify Intel in writing of the transfer and provide Intel with the information specified in subsection (ii) above along with the name and email address of the individual assigned to use the Materials, and (vi) providing Your email address so that Intel may confirm receipt of Your letter. Please send such letter to:

Intel Corporation
2111 NE 25th Avenue
Hillsboro, OR 97124
Attn: DPD Contracts Management, JF2-28

5. DATA COLLECTION AND PRIVACY.

5.1 Anonymous Data Collection by Materials. Certain Materials may generate and collect anonymous data about the Materials and transmit it to Intel as a one-time event during installation. This anonymous data collection may include, but is not limited to, product name, product version, license type, support type, and installation status. Anonymous data collection by the Materials does not include: (a) any personal or personally identifiable data of You, an end user or a data subject; (b) data or information identifying a business entity; or (c) data or information about non-Intel software. The purpose of the anonymous data collection by the Materials is to enable Intel to develop, improve, and support Intel’s products and services.

5.2 Provisioning Data Collection. Provisioning data may be collected and transmitted to Intel as a one-time event during installation in order to activate the Materials. This collection may be mandatory and a condition of using the Materials in order to verify the right to use the Materials. Provisioning data includes the Material’s unique serial number and it may be combined with other information about the Materials and Your Computer. Provisioning data is not shared with or disclosed to parties outside of Intel. Intel may retain the provisioning data indefinitely.

5.3 Other Data Collection.

A. Collection of Registration Data. Some Materials may require registration of the Materials with Intel during installation. The information currently collected during registration is Your first name, Your last name, Your email, Your company, and Your country. The registration information is subject to change, however, You will be notified at the time of registration what information will be collected, why it is being collected, how long it will be retained by Intel, and how to have Your registration information removed from Intel’s registration database if You so choose to do so at a later date.

B. Optional Collection of Analytical Data. You may be given the option during installation of the Materials to consent to the collection of analytical data. Analytical data may include technical information about Your software installation and runtime status (such as installation metrics, serial number, counters, flags, and timestamps), and Your development environment (such as operating system, CPU architecture, and other Intel products installed). You will be notified at the time of installation what analytical data will be collected if You agree to such collection, why it is being collected, how long it will be retained by Intel, and how to stop the collection of analytical data if You so choose to do so at a later date.

C. Required Collection of Analytical Data. For certain Materials, the collection of analytical data as described in Section 4.3 B may be a requirement of use. In these cases, You will be given notice and the option to cancel the download or installation of the Materials if you do not wish to consent to the collection of analytical data.

5.4 Intel's Privacy Notice. Intel is committed to respecting Your privacy. To learn more about Intel's privacy practices, please visit http://www.intel.com/privacy.

6. OWNERSHIP. Title to the Materials and all copies thereof remain with Intel or its suppliers. The Materials are protected by intellectual property rights, including without limitation, United States copyright laws and international treaty provisions. You will not remove any copyright or other proprietary notice from the Materials. You agree to prevent any unauthorized copying of the Materials. Except as expressly provided herein, no license or right is granted to You directly or by implication, inducement, estoppel or otherwise; specifically Intel does not grant any express or implied right to You under Intel patents, copyrights, trademarks, or trade secrets.

7. NO WARRANTY AND NO SUPPORT. Disclaimer. Intel disclaims all warranties of any kind and the terms and remedies provided in this Agreement are instead of any other warranty or condition, express, implied or statutory, including those regarding merchantability, fitness for any particular purpose, non-infringement or any warranty arising out of any course of dealing, usage of trade, proposal, specification or sample. Intel does not assume (and does not authorize any person to assume on its behalf) any other liability.

Intel may make changes to the Materials, or to items referenced therein, at any time without notice, but is not obligated to support, update or provide training for the Materials under the terms of this Agreement. Intel may in its sole discretion offer such support, updates or training services under separate terms at Intel’s then-current rates. You may request additional information on Intel’s service offerings from an Intel representative.

8. LIMITATION OF LIABILITY. Use of the Materials are at Your own risk. In no event will Intel or its suppliers be liable for any direct, indirect, incidental, consequential, special, or other losses or damages arising out of or related to this Agreement or Your use of the Materials, including without limitation, any of the following losses or damages (whether such losses or damages were foreseen, foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; (v) loss of business; (vi) loss of opportunity; (vii) loss of goodwill; (viii) loss of use of the Software; (ix) loss of reputation; (x) loss of, damage to, or corruption of data; or (xi) any indirect, incidental special or consequential loss of damage however caused (including loss or damage of the type specified in this Section 6).

9. USER SUBMISSIONS. This Agreement does not obligate You to provide Intel with materials, information, comments, suggestions or other communication regarding the Materials. However, You agree that any material, information, comments, suggestions or other communication You transmit or post to an Intel website (including but not limited to, submissions to the Intel Premier Support and/or other customer support websites or online portals) or provide to Intel under this Agreement are not controlled by the International Traffic in Arms Regulations (ITAR) or the Export Administration Regulation (EAR), and if related to the features, functions, performance or use of the Materials are deemed non-confidential and non-proprietary ("Communications"). Intel will have no obligations with respect to the Communications. You hereby grant to Intel a non-exclusive, perpetual, irrevocable, royalty-free, copyright license 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 and all data, images, sounds, text, and other things embodied therein, including Derivative Works thereto, for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from an Intel website or provide to Intel any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. If You wish to provide Intel with information that You intend to be treated as confidential information, Intel requires that such confidential information be provided pursuant to a non-disclosure agreement (“NDA”), so please contact Your Intel representative to ensure the proper NDA is in place.

Nothing in this Agreement will be construed as preventing Intel from reviewing Your Communications and errors or defects in Intel products discovered while reviewing Your Communications. Furthermore, nothing in this Agreement will be construed as preventing Intel from implementing independently-developed enhancements to Intel’s own error diagnosis methodology to detect errors or defects in Intel products discovered while reviewing Your Communications or to implement bug fixes or enhancements in Intel products. The foregoing may include the right to include Your Communications in regression test suites.

10. NON-DISCLOSURE. The following provisions will apply if there is no existing non-disclosure agreement between You and Intel. The Materials are the Confidential Information of Intel. You will maintain the confidentiality of Intel’s Confidential Information with at least the same degree of care that You use to protect Your own confidential and proprietary information, but no less than a reasonable degree of care under the circumstances. You will only disclose the Confidential Information to Your employees who have a need to know and who agree to abide by nondisclosure terms at least as comprehensive as those set forth herein; provided that You will be liable for breach by any such employee. For the purposes of this Agreement, the term “employee” will include Your independent contractors, who have signed confidentiality agreements with You. You will not make any copies of the Confidential Information except as necessary for Your employees with a need to know. Any copies which are made will be identified as belonging to Intel and marked “confidential”, “proprietary” or with similar legend. You will not be liable for the disclosure of any Confidential Information which is (a) generally made available publicly or to third parties by Intel without restriction on disclosure; (b) rightfully received from a third party without obligation of confidentiality; (c) rightfully known to You without any limitation on disclosure prior to Your receipt from Intel; (d) independently developed by Your employees; or (e) required to be disclosed in accordance with applicable laws, regulations, court, judicial or other government order, provided that You will give Intel reasonable notice prior to such disclosure and will comply with any applicable protective order.

11. TERMINATION OF THIS LICENSE. This Agreement becomes effective on the date You accept this Agreement and will continue until terminated as provided for in this Agreement. If You are using the Materials under a time-limited license, for example an Evaluation License, this Agreement terminates without notice on the last day of the time period, which is specified in the Materials or on Intel’s website, and/or controlled by the serial number for the Materials. Intel may terminate this license immediately if You are in breach of any of its terms and conditions and such breach is not cured within thirty (30) days of written notice from Intel. Upon termination, You will immediately return to Intel or destroy the Materials and all copies thereof. In the event of termination of this Agreement, the license grant to any Materials or Redistributables distributed by You in accordance with the terms and conditions of this Agreement, prior to the effective date of such termination, will survive any such termination of this Agreement. Sections 1, 5, 6, 7, 8, 9, 10, 11, 12, and 13 will survive expiration or termination of this Agreement.

12. U.S. GOVERNMENT RESTRICTED RIGHTS. The technical data and computer software covered by this license is a “Commercial Item,” as such term is defined by the FAR 2.101 (48 C.F.R. 2.101) and is “commercial computer software” and “commercial computer software documentation” as specified under FAR 12.212 (48 C.F.R. 12.212) or DFARS 227.7202 (48 C.F.R. 227.7202), as applicable. This commercial computer software and related documentation is provided to end users for use by and on behalf of the U.S. Government, with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Use for or on behalf of the U.S. Government is permitted only if the party acquiring or using this software is properly authorized by an appropriate U.S. Government official. This use by or for the U.S. Government clause is in lieu of, and supersedes, any other FAR, DFARS, or other provision that addresses Government rights in the computer software or documentation covered by this license. All copyright licenses granted to the U.S. Government are coextensive with the technical data and computer software licenses granted herein. The U.S. Government will only have the right to reproduce, distribute, perform, display, and prepare Derivative Works as needed to implement those rights.

13. GENERAL PROVISIONS.

13.1 ENTIRE AGREEMENT. This Agreement contains the complete and exclusive agreement and understanding between the parties concerning the subject matter of this Agreement, and supersedes all prior and contemporaneous proposals, agreements, understanding, negotiations, representations, warranties, conditions, and communications, oral or written, between the parties relating to the same subject matter. This Agreement, including without limitation its termination, has no effect on any signed non-disclosure agreements between the parties, which remain in full force and effect as separate agreements to their terms. Each party acknowledges and agrees that in entering into this Agreement it has not relied on, and will not be entitled to rely on, any oral or written representations, warranties, conditions, understanding, or communications between the parties that are not expressly set forth in this Agreement. The express provisions of this Agreement control over any course of performance, course of dealing, or usage of the trade inconsistent with any of the provisions of this Agreement. The provisions of this Agreement will prevail notwithstanding any different, conflicting, or additional provisions that may appear on any purchase order, acknowledgement, invoice, or other writing issued by either party in connection with this Agreement. No modification or amendment to this Agreement will be effective unless in writing and signed by authorized representatives of each party, and must specifically identify this Agreement by its title and version (e.g., “End User License Agreement for the Intel® Software (Version October 2018)); except that Intel may make changes to the Agreement as it distributes new versions of the Materials. When changes are made, Intel will make a new version of the Agreement available on its website: End User License Agreements. If You received a copy of this Agreement translated into another language, the English language version of this Agreement will prevail in the event of any conflict between versions.

13.2 EXPORT. You acknowledge that the Materials and all related technical information are subject to export controls under the laws and regulations of the United States and any other applicable governments. You agree to comply with these laws and regulations governing export, re-export, import, transfer, distribution, and use of the Materials. In particular, but without limitation, the Materials may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to any person or entity listed on a denial order published by the U.S. government or any other applicable governments. By using the Materials, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use the Materials for any purposes prohibited by the U.S. government or other applicable governments, including, without limitation, the development, design, manufacture or production of nuclear, missile, chemical or biological weapons. You confirm that the Materials will not be re-exported or sold to a third party who is known or suspected to be involved in activities including, without limitation, the development, design, manufacture, or production of nuclear, missile, chemical or biological weapons.

13.3 GOVERNING LAW, JURISDICTION, AND VENUE. All disputes arising out of or related to this Agreement, whether based on contract, tort, or any other legal or equitable theory, will in all respects be governed by, and construed and interpreted under, the laws of the United States of America and the State of Delaware, without reference to conflict of laws principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from and will not apply to this Agreement. All disputes arising out of or related to this Agreement, whether based on contract, tort, or any other legal or equitable theory, will be subject to the exclusive jurisdiction of the courts of the State of Delaware or of the Federal courts sitting in that State. Each party submits to the personal jurisdiction of those courts and waives all objections to that jurisdiction and venue for those disputes.

13.4 SEVERABILITY. The parties intend that if a court holds that any provision or part of this Agreement is invalid or unenforceable under applicable law, the court will modify the provision to the minimum extent necessary to make it valid and enforceable, or if it cannot be made valid and enforceable, the parties intend that the court will sever and delete the provision or part from this Agreement. Any change to or deletion of a provision or part of this Agreement under this Section will not affect the validity or enforceability of the remainder of this Agreement, which will continue in full force and effect.

* Other names and brands may be claimed as the property of others

Intel Simplified Software License (Version February 2020)

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Use and Redistribution. You may use and redistribute the software (the “Software”), without modification, provided the following conditions are met:

• Redistributions must reproduce the above copyright notice and the following terms of use in the Software and in the documentation and/or other materials provided with the distribution.
• Neither the name of Intel nor the names of its suppliers may be used to endorse or promote products derived from this Software without specific prior written permission.
• No reverse engineering, decompilation, or disassembly of this Software is permitted.

Limited patent license. Intel grants you a world-wide, royalty-free, non-exclusive license under patents it now or hereafter owns or controls to make, have made, use, import, offer to sell and sell (“Utilize”) this Software, but solely to the extent that any such patent is necessary to Utilize the Software alone. The patent license shall not apply to any combinations which include this software. No hardware per se is licensed hereunder.

Third party programs. The Software may contain Third Party Programs. “Third Party Programs” are third party software, open source software or other Intel software listed in the “third-party-programs.txt” or other similarly named text file that is included with the Software. Third Party Programs, even if included with the distribution of the Software, may be governed by separate license terms, including without limitation, third party license terms, open source software notices and terms, and/or other Intel software license terms. These separate license terms may govern your use of the Third Party Programs.

DISCLAIMER. THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE DISCLAIMED. THIS SOFTWARE IS NOT INTENDED FOR USE IN SYSTEMS OR APPLICATIONS WHERE FAILURE OF THE SOFTWARE MAY CAUSE PERSONAL INJURY OR DEATH AND YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ANY CLAIMS, COSTS, DAMAGES, EXPENSES, AND ATTORNEYS’ FEES ARISING OUT OF ANY SUCH USE, EVEN IF ANY CLAIM ALLEGES THAT INTEL WAS NEGLIGENT REGARDING THE DESIGN OR MANUFACTURE OF THE MATERIALS.

LIMITATION OF LIABILITY. IN NO EVENT WILL INTEL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE TO INDEMNIFY AND HOLD INTEL HARMLESS AGAINST ANY CLAIMS AND EXPENSES RESULTING FROM YOUR USE OR UNAUTHORIZED USE OF THE SOFTWARE.

No support. Intel may make changes to the Software, at any time without notice, and is not obligated to support, update or provide training for the Software.

Termination. Intel may terminate your right to use the Software in the event of your breach of this Agreement and you fail to cure the breach within a reasonable period of time.

Feedback. Should you provide Intel with comments, modifications, corrections, enhancements or other input (“Feedback”) related to the Software Intel will be free to use, disclose, reproduce, license or otherwise distribute or exploit the Feedback in its sole discretion without any obligations or restrictions of any kind, including without limitation, intellectual property rights or licensing obligations.

Compliance with laws. You agree to comply with all relevant laws and regulations governing your use, transfer, import or export (or prohibition thereof) of the Software.

Governing law. All disputes will be governed by the laws of the United States of America and the State of Delaware without reference to conflict of law principles and subject to the exclusive jurisdiction of the state or federal courts sitting in the State of Delaware, and each party agrees that it submits to the personal jurisdiction and venue of those courts and waives any objections. The United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded and will not apply to the Software.

*Other names and brands may be claimed as the property of others.

Intel License for Installer Program (version January 2017)

------------------------------------------------

Copyright © 2017 Intel Corporation.

Use and Redistribution. You may use and redistribute the software (the "Software"), without modification, provided the following conditions are met:

• Redistributions must reproduce the above copyright notice and the following terms of use in the Software and in the documentation and/or other materials provided with the distribution.
• Neither the name of Intel nor the names of its suppliers may be used to endorse or promote products derived from this Software without specific prior written permission.
• No reverse engineering, decompilation, or disassembly of this Software is permitted.

Limited patent license. Intel grants you a world-wide, royalty-free, non-exclusive license under patents it now or hereafter owns or controls to make, have made, use, import, offer to sell and sell ("Utilize") this Software, but solely to the extent that any such patent is necessary to Utilize the Software alone. The patent license shall not apply to any combinations which include this software. No hardware per se is licensed hereunder.

Data Collection.  The Software may contain certain features that generate, collect, and transmit data to Intel about the installation, setup, and use of the Software.  The purposes of data collection are: 1) to verify compliance with the terms of this Agreement; and 2) to enable Intel to develop, improve, and support Intel's products and services.  When data is collected to verify compliance with the terms of this Agreement, this collection may be mandatory and a condition of using the Software.  This data includes the Software's unique serial number combined with other information about the Software and your computer.

When the Software is made available for use free of charge, the collection of usage data (such as randomly generated unique identifier and component/feature/function usage) may also be mandatory and a condition of using the Software.  Data collected about the installation, setup, and use of the Software may be collated with other available data only if: 1) the purpose is to develop, improve, and support Intel's products and services, and 2) the data will not be used to identify or contact you or other individuals.

To learn more about Intel's data collection for these Materials, please visit: Intel® Parallel Studio XE and Intel® System Studio Data Collection.  To learn more about Intel's privacy practices, please visit http://www.intel.com/privacy.

Third party and other Intel programs.  "Third Party Programs" are the files listed in the "third-party-programs.txt" text file that is included with the Software and may include Intel programs under separate license terms. Third Party Programs, even if included with the distribution of the Materials, are governed by separate license terms and those license terms solely govern your use of those programs. 

DISCLAIMER. THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE DISCLAIMED. THIS SOFTWARE IS NOT INTENDED NOR AUTHORIZED FOR USE IN SYSTEMS OR APPLICATIONS WHERE FAILURE OF THE SOFTWARE MAY CAUSE PERSONAL INJURY OR DEATH.

LIMITATION OF LIABILITY. IN NO EVENT WILL INTEL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE TO INDEMNIFIY AND HOLD INTEL HARMLESS AGAINST ANY CLAIMS AND EXPENSES RESULTING FROM YOUR USE OR UNAUTHORIZED USE OF THE SOFTWARE.

No support.  Intel may make changes to the Software, at any time without notice, and is not obligated to support, update or provide training for the Software.

Termination. Intel may terminate your right to use the Software in the event of your breach of this Agreement and you fail to cure the breach within a reasonable period of time.

Feedback.  Should you provide Intel with comments, modifications, corrections, enhancements or other input ("Feedback") related to the Software Intel will be free to use, disclose, reproduce, license or otherwise distribute or exploit the Feedback in its sole discretion without any obligations or restrictions of any kind, including without limitation, intellectual property rights or licensing obligations.

Compliance with laws.  You agree to comply with all relevant laws and regulations governing your use, transfer, import or export (or prohibition thereof) of the Software.

Governing law.  All disputes will be governed by the laws of the United States of America and the State of Delaware without reference to conflict of law principles and subject to the exclusive jurisdiction of the state or federal courts sitting in the State of Delaware, and each party agrees that it submits to the personal jurisdiction and venue of those courts and waives any objections. The United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded and will not apply to the Software.

Privacy

Data collection.  Based on the personal information you provided to Intel when you registered the license to the Software with Intel, Intel has collected or will collect certain personal information from you in order to contact you regarding updates to the Software and your experience with obtaining, installing and otherwise using the Software, including sending you surveys to obtain the aforementioned information.

Revoking consent to data collection.  You can revoke your consent to this collection of personal information at any time by clicking on the link to "unsubscribe" at the bottom of any communication from Intel related to the Software which will allow you to opt-out of receiving future messages related to the Software.

Intel's privacy notice.  Intel is committed to respecting your privacy. To learn more about Intel's privacy practices, please visit http://www.intel.com/privacy. 

End User License Agreement for the Intel Compiler Runtime Libraries

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IMPORTANT - READ BEFORE COPYING, DISTRIBUTING, INSTALLING OR USING.

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

By copying, distributing, 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, distribute, install, or use the Materials.

End User License Agreement for the Intel Compiler Runtime Libraries

1. LICENSE DEFINITIONS:

A. "Materials" are defined as the software, documentation, license key codes and other materials, including any updates and upgrade thereto that are provided to you under this Agreement.

2. LICENSE GRANT:

A. Subject to all of the terms and conditions of this Agreement, Intel Corporation ("Intel") grants to you a non-exclusive, non-assignable, copyright license to copy, install and use the Materials on a reasonable number of computer systems that will be used internally.

3. LICENSE RESTRICTIONS:

A. If you receive your first copy of the Materials electronically, and a second copy on media, then you may use the second copy only in accordance with your applicable license stated in this Agreement, or for backup or archival purposes. You may not provide the second copy to another user.

B. 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, except as specified in Section 3.C below; (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 Materials or any portions thereof to any third party except as provided in this Agreement.

C. SOFTWARE TRANSFER: You may permanently transfer the Materials and all of your rights under this Agreement to another party (“Recipient”) only if you notify Intel of the transfer by sending a letter to Intel certifying that you retain no copies of the Materials and that the Recipient has agreed in writing to be bound by all of the terms and conditions of this Agreement. Please send such letter to:

Intel Corporation
2111 NE 25th Avenue
Hillsboro, OR 97124
Attn: DPD Contracts Management, JF1-15

4. COPYRIGHT: Title to the Materials 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 any unauthorized copying of the Materials. Except as expressly provided herein, no license or right is granted to you directly or by implication, inducement, estoppel or otherwise, specifically Intel does not grant any express or implied right to you under Intel patents, copyrights, trademarks, or trade secret information.

5. NO WARRANTY AND LIMITED REPLACEMENT: THE MATERIALS AND INFORMATION ARE PROVIDED "AS IS" WITH NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY WARRANTY OTHERWISE ARISING OUT OF ANY PROPOSAL, SPECIFICATION, OR SAMPLE. If the media on which the Materials are furnished are found to be defective in material or workmanship under normal use for a period of ninety (90) days from the date of receipt, Intel's entire liability and your exclusive remedy shall be the replacement of the media. This offer is void if the media defect results from accident, abuse, or misapplication.

6. LIMITATION OF LIABILITY: THE ABOVE REPLACEMENT PROVISION IS THE ONLY WARRANTY OF ANY KIND. INTEL OFFERS NO OTHER WARRANTY EITHER EXPRESS OR IMPLIED INCLUDING THOSE OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD- PARTY INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. 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 SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. UNAUTHORIZED USE: THE MATERIALS ARE NOT DESIGNED, INTENDED, OR AUTHORIZED FOR USE IN ANY TYPE OF SYSTEM OR APPLICATION IN WHICH THE FAILURE OF THE MATERIALS COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR (E.G MEDICAL SYSTEMS, LIFE SUSTAINING OR LIFE SAVING SYSTEMS). Should the buyer purchase or use the Materials for any such unintended or unauthorized use, the buyer 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.

8. USER SUBMISSIONS: You agree that any material, information or other communication you transmit or post to an Intel website or provide to Intel under this Agreement will be considered non-confidential and non-proprietary ("Communications"). Intel will have no 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 and all data, images, sounds, text, and other things embodied therein, including derivative works thereto, for any and all commercial or noncommercial purposes. You are prohibited from posting or transmitting to or from an Intel website or provide to Intel any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. If you wish to provide Intel with your confidential information, Intel requires a non-disclosure agreement (“NDA”) to receive such confidential information, so please contact your Intel representative to ensure the proper NDA is in place.

9. TERMINATION OF THIS LICENSE: This Agreement becomes effective on the date you accept this Agreement and will continue until terminated as provided for in this Agreement. If you are using the Materials under the control of a time-limited license, for example an Evaluation License, this Agreement terminates without notice on the last day of the time period, which is controlled by the license key code for the Materials. 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 return to Intel or destroy the Materials and all copies thereof.

10. 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 acknowledgment of Intel's rights in them.

11. APPLICABLE LAWS: Any claim arising under or relating to this Agreement shall be governed by the internal substantive laws of the State of Delaware, 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 agree that your distribution and export/re-export of the Software and permitted modifications shall be in compliance with the laws, regulations, orders or other restrictions of applicable export laws.

12. THIRD PARTY PROGRAMS. The Materials may include third party programs or materials. The license terms with those programs or materials apply to your use of them, and Intel is not liable for them.

* Other names and brands may be claimed as the property of others

Intel Sample Source Code License Agreement

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Code Samples License Agreement (Version December 2015)

IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
Do not copy, install or use the Materials (as defined below) provided under this license agreement ("Agreement") from Intel Corporation (“Intel”), until you (“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.

If You are agreeing to the terms and conditions of this Agreement on behalf of a company or other legal entity (“Legal Entity”), You represent and warrant that You have the legal authority to bind that Legal Entity to the Agreement, in which case, "You" or "Your" will mean such Legal Entity.

By agreeing to this Agreement, You affirm that You are of legal age (18 years old or older) to enter into this Agreement. If You are not of legal age You may not enter into this Agreement, and either Your parent, legal guardian or Legal Entity must agree to the terms and conditions of this Agreement and enter into this Agreement, in which case, "You" or "Your" will mean such parent, legal guardian, or Legal Entity.

Third Party Programs (as defined below), even if included with the distribution of the Materials, are governed by separate third party license terms, including without limitation, open source software license terms. Such third party license terms (and not this Agreement) govern Your use of the Third Party Programs, and Intel is not liable for the Third Party Programs.

1. LICENSE DEFINITIONS:

“Licensed Patent Claims” means the claims of Intel’s patents that are necessarily and directly infringed by the reproduction and distribution of the Materials that is authorized in Section 2 below, when the Materials are in its unmodified form as delivered by Intel to You and not modified or combined with anything else. Licensed Patent Claims are only those claims that Intel can license without paying, or getting the consent of, a third party.

“Materials” means Sample Source Code, Redistributables, and End-User Documentation but do not include Third Party Programs.

“Sample Source Code” means Source Code files that are identified as sample code and which may include example interface or application source code, and any updates, provided under this Agreement.

“Source Code” is defined as the software (and not documentation or text) portion of the Materials provided in human readable format, and includes modifications that You make or are made on Your behalf as expressly permitted under the terms of this Agreement.

“Redistributables” means header, library, and dynamically linkable library files, and any updates, provided under this Agreement.

“Third Party Programs” (if any) are the third party software files that may be included with the Materials for the applicable software that include a separate third party license agreement in an attached text file.

“End-User Documentation” means textual materials intended for end users relating to the Materials.

2. LICENSE GRANT:

Subject to the terms and conditions of this Agreement, Intel grants You a non-exclusive, worldwide, non-assignable, royalty-free limited right and license:

A. under its copyrights, to:

1) Copy, modify, and compile the Sample Source Code and distribute it solely in Your products in executable and source code form;
2) Copy and distribute the Redistributables solely with Your products;
3) Copy, modify, and distribute the End User Documentation solely with Your products.

B. Under its patents, to:

1) make copies of the Materials internally only;
2) use the Materials internally only; and
3) offer to distribute, and distribute, but not sell, the Materials only as part of or with Your products, under Intel’s copyright license granted in Section 2(A) but only under the terms of that copyright license and not as a sale (but this right does not include the right to sub-license);
4) provided, further, that the license under the Licensed Patent Claims does not and will not apply to any modifications to, or derivative works of, the Materials, whether made by You, Your end user (which, for all purposes under this Agreement, will mean either an end user, a customer, reseller, distributor or other channel partner), or any third party even if the modification and creation of derivative works are permitted under 2(A).

3. LICENSE RESTRICTIONS:

Except as expressly provided in this Agreement, You may not:

i. use, copy, distribute or publicly display the Materials;
ii. reverse-assemble, reverse-compile, or otherwise reverse-engineer any software provided solely in binary form, iii. rent or lease the Materials to any third party;
iv. assign this Agreement or display the Materials;
v. assign this Agreement or transfer the Materials;
vi. modify, adapt or translate the Materials in whole or in part;
vii. distribute, sublicense or transfer the source code form of the Materials or derivatives thereof to any third party; viii. distribute the Materials except as part of Your products;
ix. include the Materials in malicious, deceptive, or unlawful programs or products;
x. modify, create a derivative work, link or distribute the Materials so that any part of it becomes subject to an Excluded License.

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. will be solely responsible to your customers for any update or support obligation or other liability which may arise from the distribution;
ii. will not make any statement that your product is "certified," or that its performance is guaranteed, by Intel;
iii. will not use Intel's name or trademarks to market your product without written permission;
iv. will prohibit disassembly and reverse engineering of the Materials provided in executable form;
v. will not publish reviews of Materials without written permission by Intel, and
vi. will indemnify, hold harmless, and defend Intel and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from your distribution of any product.

4. OWNERSHIP: Title to the Materials 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.

5. NO WARRANTY AND NO SUPPORT: Disclaimer. Intel disclaims all warranties of any kind and the terms and remedies provided in this Agreement are instead of any other warranty or condition, express, implied or statutory, including those regarding merchantability, fitness for any particular purpose, non-infringement or any warranty arising out of any course of dealing, usage of trade, proposal, specification or sample. Intel does not assume (and does not authorize any person to assume on its behalf) any other liability.

Intel may make changes to the Materials, or to items referenced therein, at any time without notice, but is not obligated to support, update or provide training for the Materials. Intel may in its sole discretion offer such support, update or training services under separate terms at Intel’s then-current rates. You may request additional information on Intel’s service offerings from an Intel sales representative.

6. USER SUBMISSIONS: You agree that any material, information, or other communication, including all data, images, sounds, text, and other things embodied therein, you transmit 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.

7. 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. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You.

8. TERM AND TERMINATION: This Agreement commences upon Your copying, installing or using the Materials and continues until terminated. Either You or Intel may terminate this Agreement at any time upon 30 days prior written notice to the other party. 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. After termination, the license grant to any Materials or Redistributables distributed by You in accordance with the terms and conditions of this Agreement, prior to the effective date of such termination, will survive any such termination of this Agreement.

9. U.S. GOVERNMENT RESTRICTED RIGHTS: The technical data and computer software covered by this license is a “Commercial Item,” as such term is defined by the FAR 2.101 (48 C.F.R. 2.101) and is “commercial computer software” and “commercial computer software documentation” as specified under FAR 12.212 (48 C.F.R. 12.212) or DFARS 227.7202 (48 C.F.R. 227.7202), as applicable. This commercial computer software and related documentation is provided to end users for use by and on behalf of the U.S. Government, with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Use for or on behalf of the U.S. Government is permitted only if the party acquiring or using this software is properly authorized by an appropriate U.S. Government official. This use by or for the U.S. Government clause is in lieu of, and supersedes, any other FAR, DFARS, or other provision that addresses Government rights in the computer software or documentation covered by this license. All copyright licenses granted to the U.S. Government are coextensive with the technical data and computer software licenses granted herein. The U.S. Government will only have the right to reproduce, distribute, perform, display, and prepare derivative works as needed to implement those rights.

10. APPLICABLE LAWS: All disputes arising out of or related to this Agreement, whether based on contract, tort, or any other legal or equitable theory, will in all respects be governed by, and construed and interpreted under, the laws of the United States of America and the State of Delaware, without reference to conflict of laws principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from and will not apply to this Agreement. All disputes arising out of or related to this Agreement, whether based on contract, tort, or any other legal or equitable theory, will be subject to the exclusive jurisdiction of the courts of the State of Delaware or of the Federal courts sitting in that State. Each party submits to the personal jurisdiction of those courts and waives all objections to that jurisdiction and venue for those disputes.

11. SEVERABILITY: The parties intend that if a court holds that any provision or part of this Agreement is invalid or unenforceable under applicable law, the court will modify the provision to the minimum extent necessary to make it valid and enforceable, or if it cannot be made valid and enforceable, the parties intend that the court will sever and delete the provision or part from this Agreement. Any change to or deletion of a provision or part of this Agreement under this Section will not affect the validity or enforceability of the remainder of this Agreement, which will continue in full force and effect.

12. EXPORT: You must comply with all laws and regulations of the United States and other countries governing the export, re-export, import, transfer, distribution, use, and servicing of Software. In particular, You must not: (a) sell or transfer Software to a country subject to sanctions, or to any entity listed on a denial order published by the United States government or any other relevant government; or (b) use, sell, or transfer Software for the development, design, manufacture, or production of nuclear, missile, chemical or biological weapons, or for any other purpose prohibited by the United States government or other applicable government; without first obtaining all authorizations required by all applicable laws. For more details on Your export obligations, please visit Intel Export Compliance.

13. ENTIRE AGREEMENT: This Agreement contains the complete and exclusive agreement and understanding between the parties concerning the subject matter of this Agreement, and supersedes all prior and contemporaneous proposals, agreements, understanding, negotiations, representations, warranties, conditions, and communications, oral or written, between the parties relating to the same subject matter. No modification or amendment to this Agreement will be effective unless in writing and signed by authorized representatives of each party, and must specifically identify this Agreement.

Intel® Context Sensing SDK License Agreement

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View PDF [438 KB]

IMPORTANT INFORMATION ABOUT YOUR RIGHTS, OBLIGATIONS AND THE USE OF YOUR DATA – PLEASE READ AND AGREE BEFORE COPYING, INSTALLING OR USING

This Agreement forms a legally binding contract between you, or the company or other legal entity (“Legal Entity”) for which you represent and warrant that you have the legal authority to bind that Legal Entity, are agreeing to this Agreement (each, “You” or “Your”) and Intel Corporation and its subsidiaries (collectively “Intel”) regarding Your use of the Materials. By copying, installing, distributing, publicly displaying, 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, distribute, publicly display, or use the Materials. You affirm that You are 18 years old or older or, if not, Your parent, legal guardian or Legal Entity must agree and enter into this Agreement.

1. DEFINITIONS. In this Agreement, the following capitalized terms shall have the meanings below:

“Excluded License” means a license that requires, as a condition of use, modification, or distribution, that the licensed software or other software incorporated into, derived from or distributed with such software (a) be disclosed or distributed in Source Code form; (b) be licensed by the user to third parties for the purpose of making and/or distributing derivative works; or (c) be redistributable at no charge. Excluded Licenses include, without limitation, licenses that license or distribute software under any of the following licenses or distribution models, or licenses or distribution models substantially similar to any of the following: (a) GNU’s General Public License (GPL) or Lesser/Library GPL (LGPL), (b) the Artistic License (e.g., PERL), (c) the Mozilla Public License, (d) the Netscape Public License, (e) the Sun Community Source License (SCSL), (f) the Sun Industry Source License (SISL), and (g) the Common Public License (CPL).

“Licensed Patent Claims” means the claims of Intel’s patents that are necessarily and directly infringed by the reproduction and distribution of the Materials that is authorized in Section 3 below, when the Materials are in their unmodified form as delivered by Intel to You and not modified or combined with anything else. Licensed Patent Claims are only those claims that Intel can license without paying, or getting the consent of, a third party.

“Materials” mean the software, tools, documentation, and other materials, including but not limited to, any modifications, updates, and upgrades, provided to You by Intel under this Agreement. Materials also include any Redistributables and Source Code, but do not include Third Party Programs.

"Redistributables" mean the files (if any) listed in the “redist-rt.txt” text files that may be included in the Materials for the applicable “Intel Software Development Product.”

“Sample Source Code” means those portions of the Materials that are Source Code files and are identified as sample source code.

“Source Code” means the software (and not documentation or text) portion of the Materials provided in human readable format, and includes modifications to the Source Code that You make or are made on Your behalf as expressly permitted under the terms of this Agreement.

“Third Party Programs” means the files (if any) listed in the “third-party-programs.txt” text file that may be included in the Materials for the applicable software.

“Your Product” means one or more applications or products developed by or for You using the Materials.

2. PRIVACY REQUIREMENTS. Your Products developed using the Materials must comply with the privacy requirements set forth in Exhibit A, which may be updated from time to time. Intel does not collect or obtain any data through the Materials and You must not provide any data collected through the Materials to Intel. Intel is not responsible nor liable in any way for Your use of the Materials in Your Products, including any failure by You to comply with the privacy requirements or any applicable laws, regulations, and standards related to data privacy and security.

3. LICENSE.

3.1 License Grants. Subject to the terms and conditions of this Agreement, and timely payment of any fees (if applicable), Intel grants You a non-exclusive, worldwide, perpetual (subject to Section 11 below), non-assignable (except as expressly permitted hereunder), limited right and license:

A. under its copyrights, to:

(1) reproduce internally a reasonable number of copies of the Materials for Your internal business use in accordance with the documentation included as part of the Materials, and subject to the applicable license rights and restrictions specified in Section 3 below; provided, however, that this license does not include the right to sublicense and may only be exercised by You or Your employees;

(2) use the Materials solely for Your internal business use to develop Your Product, in accordance with the documentation or text files included as part of the Materials, and subject to the applicable license rights and restrictions specified in Section 4 below and the documentation or text files included as part of the Materials; provided, however, that this license does not include the right to sublicense and may only be exercised by You or Your employees;

(3) modify or create derivative works of the Materials, or any portions thereof, that are provided in Source Code form, provided, however, that this license does not include the right to sublicense and may be exercised only by You or Your employees;

(4) publicly perform, display, and distribute (directly and through Your distributors, resellers and other channel partners) or otherwise make publicly available the Redistributables, including any modifications to or derivative works of the Redistributables made pursuant to Section 3.1.A(3), or any portions thereof, subject to the following restrictions:

(a) any distribution of the Redistributables must only be as part of Your Product which must add significantly more functionality than the Redistributables themselves;

(b) any additional restrictions which may appear in the Redistributables text files specified in Section 1.G above and in Section 3 below; and

(c) the license under Section 3.1.A(4) includes the right to sublicense the Redistributables, but the sublicense rights are limited to sublicensing of any Intel copyrights in the Redistributables and only to the extent necessary to perform, display, and distribute the Redistributables (including Your modifications and derivative works thereto) solely as incorporated in Your Product.

(d) You (i) will be solely responsible to Your customers for any update, support obligation or other liability which may arise from the distribution, (ii) will not make any statement that Your Product is "certified" or that its performance is guaranteed by Intel, (iii) will not use Intel's name or trademarks to market Your Product without written permission from Intel, (iv) will provide the Redistributables subject to a license agreement that prohibits disassembly and reverse engineering of the Redistributables except in cases when you provide Your Product subject to an open source license that is not an Excluded License, for example, the BSD license, or the MIT license, (v) will indemnify, hold harmless, and defend Intel and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from Your modifications, derivative works or Your distribution of Your Product.

and

B. under Intel’s Licensed Patent Claims, to:

(1) make copies of the Materials only as specified in Section 3.1.A(1);

(2) use the Materials only as specified in Section 3.1.A(2); and

(3) offer to distribute, and distribute, but not sell, the Redistributables only as part of Your Product, under Intel’s copyright license granted in Section 3.1(A), but only under the terms of that copyright license and not as a sale (but this right does not include the right to sub-license);

And, provided further, that (i) the license under the Licensed Patent Claims does not and will not apply to, and (ii) Intel does not expressly grant You a patent license in this Agreement to: any modifications to, or derivative works of, the Materials, whether made by You, Your contractor, Your customer (which, for all purposes under this Agreement, will mean either a customer, reseller, distributor or other channel partner), or any third party even if the modification and derivative works are permitted under 2.1(A)(3).

3.2 Third Party Programs and Other Intel Programs. Third Party Programs, even if included with the distribution of the Materials, are governed by separate license terms, including without limitation, third party license terms, other Intel software license terms, and open source software license terms. Such separate license terms (and not this Agreement) solely govern Your use of the Third Party Programs.

4. RESTRICTIONS. Your use of the Materials is expressly limited to and conditioned upon compliance with the following restrictions:

A. Except as expressly provided in this Agreement, You will not (1) use, reproduce, publicly display or distribute (2) sell, rent, lease, license, sublicense, or otherwise grant any rights in the Materials, in whole or in part, (3) modify, adapt, port, translate, or create derivative works of the Materials or (4) distribute, sublicense or transfer the Source Code form of any components of the Materials or derivatives thereof to any third party;.

B. You must not reverse-assemble, reverse-compile, reverse-engineer, decompile or disassemble any portion of the Materials provided solely in binary form.

C. You may not modify, create a derivative work, link, or distribute the Materials so that any part of it becomes subject to an Excluded License.

D. You must not disable or by-pass any security features of the Materials.

E. You will not: (1) distribute Redistributables except as part of a larger program that adds significant primary functionality different from that of the Redistributables; or (2) include the Redistributables in malicious, deceptive, or unlawful programs or products;

F. You will make reasonable efforts to discontinue use of the portions of the Materials that you are licensed hereunder to use, upon Intel's release of an update, upgrade or new version of the Materials and to make reasonable efforts to distribute such updates, upgrades or new versions to your customers who have received Your Product.

G. If You are an entity, Your contractors may use the Materials as specified in Section 3 above, provided: (i) their use of the Materials is solely on behalf of and in support of Your business, (ii) they agree to the terms and conditions of this Agreement, and (iii) You are solely responsible for their use of the Materials.

H. You agree to indemnify and hold Intel, its employees, and its representatives harmless against any damages, costs, and expenses arising in any way out of Your failure to comply with any laws, regulations, and standards related to data privacy or security.

5. NO OTHER RIGHTS. The Material is protected by the intellectual property laws of the United States and other countries, and international treaty provisions. Except as otherwise expressly set forth above, Intel grants no express or implied rights under Intel patents, copyrights, trademarks, or other intellectual property rights. Except as expressly stated in this Agreement, no license or right is granted to You directly or by implication, inducement, estoppel or otherwise; specifically Intel does not grant any express or implied right to You under Intel patents, copyrights, trademarks, or trade secrets. Intel shall have the right to inspect or have an independent auditor inspect Your relevant records to verify Your compliance with the terms and conditions of this Agreement.

6. SAFETY-CRITICAL APPLICATIONS. Safety is Your responsibility. To the extent You use the Materials to create, or as part of, products used in safety-critical applications designed to comply with functional safety standards or requirements (“Safety-Critical Applications”), it is Your responsibility to design, manage and assure system-level safeguards to anticipate, monitor and control system failures, and You agree that You are solely responsible for all applicable regulatory standards and safety-related requirements concerning Your use of the Materials in Safety Critical Applications. You agree to indemnify and hold Intel and its representatives harmless against any damages, costs, and expenses arising in any way out of Your use of the Materials in Safety-Critical Applications.

7. OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to the Materials and all copies thereof remain with Intel or its suppliers. The Materials are protected by intellectual property rights, including without limitation, United States copyright laws and international treaty provisions. You will not alter, remove from or obscure any copyright or other proprietary notice on or in the Materials. You agree to prevent any unauthorized copying of the Materials.

8. CONFIDENTIALITY. You agree that the Materials and any confidential, proprietary or trade secret information related to the Materials or Intel are the confidential information of Intel (the “Confidential Information”). If the parties have entered into a non-disclosure agreement, the terms of that agreement will apply to the disclosure of any confidential information, as defined in that agreement, from Intel to You. The following provisions will apply if there is no existing non-disclosure agreement between You and Intel. You will maintain the confidentiality of any Confidential Information with at least the same degree of care that You use to protect Your own confidential and proprietary information, but no less than a reasonable degree of care under the circumstances. You will not disclose the Confidential Information to any employees or to any third parties except to Your employees who have a need to know and who agree to abide by nondisclosure terms at least as comprehensive as those set forth herein; provided that You will be liable for breach by any such person or entity. For the purposes of this Agreement, the term “employee” will include Your independent contractors, subject to Section 4. G, who have signed confidentiality agreements with You at least as comprehensive as those set forth in this Section. You will not make any copies of the Confidential Information except as necessary for Your employees with a need to know. Any copies which are made will be identified as belonging to Intel and marked “confidential”, “proprietary” or with similar legend. You will not be liable for the disclosure of any Confidential Information which is (a) generally made available publicly or to third parties by Intel without restriction on disclosure; (b) rightfully received from a third party without obligation of confidentiality; (c) rightfully known to You without any limitation on disclosure prior to Your receipt from Intel; (d) independently developed by Your employees; or (e) required to be disclosed in accordance with applicable laws, regulations, court, judicial or other government order, provided that You will give Intel reasonable notice prior to such disclosure and will comply with any applicable protective order.

9. NO WARRANTY AND NO SUPPORT. Disclaimer. Intel disclaims all warranties of any kind and the terms and remedies provided in this Agreement are instead of any other warranty or condition, express, implied or statutory, including those regarding merchantability, fitness for any particular purpose, non-infringement or any warranty arising out of any course of dealing, usage of trade, proposal, specification or sample. Intel does not assume (and does not authorize any person to assume on its behalf) any other liability.

Intel may make changes to the Materials, or to items referenced therein, at any time without notice, but is not obligated to support, update or provide training for the Materials. Intel may in its sole discretion offer such support, update or training services under separate terms at Intel’s then-current rates. You may request additional information on Intel’s service offerings from an Intel sales representative.

10. LIMITATION OF LIABILITY. The Materials are being licensed to You for free, and use of the Materials is at Your own risk. In no event will Intel be liable for any direct, indirect, incidental, consequential, special or other losses or damages arising out of or related to this Agreement or Your use of the Materials, including without limitation any of the following losses or damages (whether such losses or damages were foreseen, foreseeable known or otherwise: (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; (v) loss of business; (vi) loss of opportunity; (vii) loss of goodwill; (viii) loss of the use of the Materials; (ix) loss of reputation; (x) loss of, damage to, or corruption of data; or (xi) any indirect, incidental, special or consequential loss or damage however caused (including loss of damage of the type specified in this Section 11). Intel has no obligation to indemnify You for any liabilities, including without limitation, liability for loss or corruption of data or infringement of intellectual property of any kind.

11. TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement immediately, upon notice from Intel, if You violate any of its terms. Upon termination, You will immediately destroy any Materials you have downloaded and all copies thereof (including providing certification of such destruction back to Intel) or return all Materials and copied thereof to Intel. In the event of termination of this Agreement, all licenses granted to You hereunder shall immediately terminate.

Sections 12 - 21 will survive expiration or termination of this Agreement.

12. GOVERNING LAW, JURISDICTION, AND VENUE. All disputes arising out of or related to this Agreement, whether based on contract, tort, or any other legal or equitable theory, will in all respects be governed by, and construed and interpreted under, the laws of the United States of America and the State of Delaware, without reference to conflict of laws principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from and will not apply to this Agreement. All disputes arising out of or related to this Agreement, whether based on contract, tort, or any other legal or equitable theory, will be subject to the exclusive jurisdiction of the courts of the State of Delaware or of the Federal courts sitting in that State. Each party submits to the personal jurisdiction of those courts and waives all objections to that jurisdiction and venue for those disputes.

13. FEEDBACK. This Agreement does not obligate You to provide Intel with materials, information, comments, suggestions or other communication regarding the Materials. However, You agree that any material, information, comments, suggestions or other communication You transmit or post to an Intel website (including but not limited to, submissions to the Intel Premier Support and/or other customer support websites or online portals) or provide to Intel under this Agreement are not controlled by the International Traffic in Arms Regulations (ITAR) or the Export Administration Regulation (EAR), and if related to the features, functions, performance or use of the Materials are deemed non-confidential and non-proprietary ("Communications"). Intel will have no obligations with respect to the Communications. You hereby grant to Intel a non-exclusive, perpetual, irrevocable, royalty-free, copyright license 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 and all data, images, sounds, text, and other things embodied therein, including derivative works thereto, for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from an Intel website or provide to Intel any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. If You wish to provide Intel with information that You intend to be treated as confidential information, Intel requires that such confidential information be provided pursuant to a non-disclosure agreement (“NDA”), so please contact Your Intel representative to ensure the proper NDA is in place.

Nothing in this Agreement will be construed as preventing Intel from reviewing Your Communications and errors or defects in Intel products discovered while reviewing Your Communications. Furthermore, nothing in this Agreement will be construed as preventing Intel from implementing independently-developed enhancements to Intel’s own error diagnosis methodology to detect errors or defects in Intel products discovered while reviewing Your Communications or to implement bug fixes or enhancements in Intel products. The foregoing may include the right to include Your Communications in regression test suites.

14. EXPORT. You must comply with all laws and regulations of the United States and other countries governing the export, re-export, import, transfer, distribution, use, and servicing (“Export”) of the Materials, Documentation, and all related materials provided by Intel. In particular but without limitation, You must not, without first obtaining all authorizations required by the United States and all applicable laws and regulations, Export any Materials or Documentation (a) to any prohibited or restricted entity or a country subject to sanctions; or (b) for the development, design, manufacture, or production of nuclear, missile, chemical, or biological weapons, or for any other purpose prohibited by the United States government or other applicable governments. If Intel receives notice that You are or have become identified as a sanctioned or restricted party under applicable regulations, then Intel will not be obligated to perform any of its obligations under this Agreement if performance would result in violation of the sanctions or restrictions. You represent and warrant that it is not located in any country subject to U.S. sanctions, and is not an entity listed on a denial order published by the United States government or any other relevant government.

15. U.S. GOVERNMENT RESTRICTED RIGHTS. The technical data and computer software covered by this license is a “Commercial Item,” as such term is defined by the FAR 2.101 (48 C.F.R. 2.101) and is “commercial computer software” and “commercial computer software documentation” as specified under FAR 12.212 (48 C.F.R. 12.212) or DFARS 227.7202 (48 C.F.R. 227.7202), as applicable. This commercial computer software and related documentation is provided to end users for use by and on behalf of the U.S. Government, with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Use for or on behalf of the U.S. Government is permitted only if the party acquiring or using this software is properly authorized by an appropriate U.S. Government official. This use by or for the U.S. Government clause is in lieu of, and supersedes, any other FAR, DFARS, or other provision that addresses Government rights in the computer software or documentation covered by this license. All copyright licenses granted to the U.S. Government are coextensive with the technical data and computer software licenses granted herein. The U.S. Government will only have the right to reproduce, distribute, perform, display, and prepare derivative works as needed to implement those rights.

16. ASSIGNMENT. You may not assign any rights or delegate any duties under this Agreement, in whole or in part, whether by contract, operation of law, change or control or otherwise without the prior written consent of Intel. Any attempt to assign any rights, duties or obligations without Intel’s prior written consent will be a material breach of this Agreement and will be null and void. Intel may assign or delegate all or any of its rights or obligations under this Agreement in its sole discretion. This Agreement will bind and inure to the benefit of the respective parties and their permitted successors and assigns.

17. ENTIRE AGREEMENT. This Agreement contains the complete and exclusive agreement and understanding between the parties concerning the subject matter of this Agreement, and supersedes all prior and contemporaneous proposals, agreements, understanding, negotiations, representations, warranties, conditions, and communications, oral or written, between the parties relating to the same subject matter. This Agreement, including without limitation its termination, has no effect on any signed non-disclosure agreements between the parties, which remain in full force and effect as separate agreements to their terms. Each party acknowledges and agrees that in entering into this Agreement it has not relied on, and will not be entitled to rely on, any oral or written representations, warranties, conditions, understanding, or communications between the parties that are not expressly set forth in this Agreement. The express provisions of this Agreement control over any course of performance, course of dealing, or usage of the trade inconsistent with any of the provisions of this Agreement. The provisions of this Agreement will prevail notwithstanding any different, conflicting, or additional provisions that may appear on any purchase order, acknowledgement, invoice, or other writing issued by either party in connection with this Agreement. No modification or amendment to this Agreement will be effective unless in writing and signed by authorized representatives of each. If You received a copy of this Agreement translated into another language, the English language version of this Agreement will prevail in the event of any conflict between versions.

18. INJUNCTION. You acknowledge that any disclosure, unauthorized use, commercialization, or public use of the Material would cause irreparable injury to Intel and You consent to the grant of an injunction by any court of competent jurisdiction in the event of such a breach or threatened breach.

19. SEVERABILITY. The parties intend that if a court holds that any provision or part of this Agreement is invalid or unenforceable under applicable law, the court will modify the provision to the minimum extent necessary to make it valid and enforceable, or if it cannot be made valid and enforceable, the parties intend that the court will sever and delete the provision or part from this Agreement. Any change to or deletion of a provision or part of this Agreement under this Section will not affect the validity or enforceability of the remainder of this Agreement, which will continue in full force and effect.

20. WAIVER. A party’s failure or delay in enforcing any provision of this Agreement will not operate as a waiver of the right to enforce that provision or any other provision of this Agreement at any time. No waiver of any provision of this Agreement will be valid unless in writing, specifying the provision to be waived, and signed by the party agreeing to the waiver.

EXHIBIT A

Privacy Requirements for Your Products using the Intel® Context Sensing SDK: What Developers Should Know

1. Purpose.

This document sets forth Intel’s privacy and security requirements which apply to Your use of the Materials. Nothing in this document should be interpreted as legal advice.

2. Compliance. You are solely responsible for: (a) compliance with all applicable laws, regulations and standards concerning the protection of the Personal Data (as defined below); and (b) obtaining any and all consents from Data Subjects, if and as required under applicable law. If any applicable law, regulation or standard is more stringent than the requirements and recommendations contained herein, the law/regulation/standard will govern and control over the terms of this Exhibit A.

You are solely responsible to ensure that your use of the Materials (including Your Products) is in compliance with all applicable laws, regulations, and standards and Intel is not liable in any way for Your failure to comply with such laws, regulations, and standards. Intel may investigate alleged violations and take all appropriate actions, in its sole discretion, to enforce these terms. Without limiting the foregoing, failure to comply with the requirements of this Exhibit A and/or applicable law for the protection of Personal Data constitutes a breach of the Agreement and may lead to termination of the rights and licenses granted herein, in addition to any other legal remedies Intel may have at law or in equity.

If you have any question about applicable laws, regulations or standards, you should seek competent legal counsel. Ultimately, compliance with all applicable laws for the protection of Personal Data is your obligation.

3. Definitions.

“Data Controller/Controller" means the natural or legal person, organisation, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data.

“Data Processor/Processor” means a natural or legal person, public authority, agency, intermediary or any other body which processes personal data on behalf of the Data Controller.

“Data Subject” means an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to his physical, physiological, genetic,mental, economic, cultural or social identity, or any natural person to which Personal Data relates under applicable data protection laws.

“Personal Information” or “Personal Data” means the personally identifiable information or personal data or any other information regulated as personal data or personal information under the applicable data protection laws relating to a Data Subject and Processed by Intel or any Intel Sub-processors for the purpose of providing the Services and as set out at Appendix 1 to this Addendum.

“Process/Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, blocking, erasure or destruction.

“Standard Contractual Clauses” mean the 2004 standard contractual clauses for the transfer of Personal Data from a Data Controller in the European Economic Area to Data Controllers established in third countries under the EU General Data Protection Regulation 2016/679 (the "GDPR") (as amended, replaced or superseded) (or any alternative or successor Decision that approves new standard contractual clauses for transfers to Data Controllers in third countries), as amended by incorporating the description of the Personal Data to be transferred set out in Appendix 1 to this Addendum). The standard contractual clauses are available on the European Commission's website at the following link: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32010D0087.

4. Privacy Requirements

You are required to include the following in Your Products:

A. Notice and Opt-In for End Users/Data Subjects. If Your Product Processes any Personal Information, the end user/Data Subject must be notified:

• what Personal Information/Personal Data is being collected or used;
• for what specific purpose the Personal Information/Personal Data is being collected;
• whether the Personal Information/Personal Data will be shared with Intel or anyone else; and

• for how long the Personal Information or Personal Data will be retained

End Users/ Data Subjects must affirmatively opt-in to such collection and Processing prior to Your collection or Processing the Personal Information/Personal Data, and must be presented with a clear, easy to use method to withdraw their prior consent.

Definitions of Personal Information may vary in different countries. You should use a very broad interpretation of this term to include any information that directly or indirectly relates to an identified or identifiable individual, as described under the term “Personal Information” above.

Further, most jurisdictions recognize that particular types of Personal Information are more sensitive than others (e.g. biometrics and genetic information for purposes of identifying specific individuals, children's Personal Information and the Personal Information of other vulnerable individuals, information relating to arrest records, criminal offenses and convictions, financial information, etc.) and, therefore, apply heightened standards of care and responsibility for safeguarding "sensitive personal information." You must also comply with all applicable laws, standards and regulations pertaining to sensitive Personal Information.

B. Use Limitation. Personal Information may only be used for the purpose described in the notice You provide to the end user/Data Subject. If you wish to use the Personal Information for a different purpose, or if you decide to collect additional Personal Information than what was originally specified in the privacy notice, or if anything has else changed from what You informed the end user/Data Subject in the original privacy notice, You must notify the end user/Data Subject and obtain their consent prior to any such collection, use or implementing such changes.

C. Data Storage, Transmission and Destruction. Storage, transmission and destruction of Personal Information should be performed using reasonable industry standard security measures. Personal Information should be irrevocably and securely destroyed when it is no longer needed for the purpose for which it was collected/Processed. As described above, You must provide each user /Data Subject with an easy to access means to request deletion of the Personal Information you collect/Process, about them and you must comply with such request as required and within the time specified under applicable law, but if response o deletion time is not specified under applicable law, within a reasonable time following the end user‘s/Data Subject’s request.

End users/Data Subjects may have additional rights in certain jurisdictions, including but not limited to the right to request information about what data You hold about them if You did not receive the data from them, the right to access their data, the right to be forgotten, the right to request erasure of their data the right to object to the data processing, the right to data correction and rectification, the right to restrict processing, the right to data portability, and the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects or significantly affects them. You must ensure that You fully comply all applicable legal requirements relating to the rights of end users /Data Subjects whose data you have collected and processed. For EU Personal Data transfers, the Standard Contractual Clauses will apply to Personal Data originating from a Customer or affiliate (who, for the purposes of the Standard Contractual Clauses shall be deemed the "Data Exporter") established in the European Economic Area that is transferred to Intel outside of the European Economic Area to a country that has not been designated by the European Commission as providing adequate protection for personal data (who, for the purposes of the Standard Contractual Clauses shall be deemed the "Data Importer").

DO NOT DOWNLOAD, ACCESS, COPY, OR USE ANY PORTION OF THE CONTENT UNTIL YOU HAVE READ AND ACCEPTED THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY DOWNLOADING, ACCESSING, COPYING OR USING THE CONTENT, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. If You do not agree to be bound by, or the entity for whose benefit You act has not authorized You to accept, these terms and conditions, do not download, access, copy or use the Content and destroy all copies of the Content in Your possession.

This CONTENT LICENSE AGREEMENT (this “Agreement”) is entered into between Intel Corporation, a Delaware corporation (“Intel”) and You. “You” refers to you or your employer or other entity for whose benefit you act, as applicable. If you are agreeing to the terms and conditions of this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind that legal entity to the Agreement, in which case, "You" or "Your" shall be in reference to such entity. Intel and You are referred to herein individually as a “Party” or, together, as the “Parties”.

The Parties, in consideration of the mutual covenants contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which they acknowledge, and intending to be legally bound, agree as follows:

1. Purpose: Intel has created certain technical course content that is suitable for use in university classroom settings (the “Content”), and You desire to access and use the Content in a university classroom setting.
2. License: Intel hereby grants You a non-exclusive, worldwide, royalty-free license ("License"), without the right to sublicense, to copy, publicly perform, publicly display and otherwise use the Content solely in connection with Your delivery of an educational class relating to the Content.
3. License Restrictions:
   1. You must credit Intel when using the materials. You may not remove any Intel logos or copyright notices, and you may not publish, distribute, or otherwise use the Content other than as specifically stated in Section 2. If you want to edit the Content, please share the edited Content with Intel or provide feedback so that Intel can provide you with updated Content.
   2. You may use a subset of the Content slides.
   3. No part of the Content may be used as part of a certification course.
   4. You agree to provide feedback to Intel on the Content materials when asked.
   5. You agree to report the number of students who received instruction on the Content each term when asked.
   6. You may not use the Content in any way that is illegal or unethical, or that might disparage Intel or its products, bring Intel’s name into disrepute, diminish the value of Intel’s brand, damage Intel’s reputation and goodwill, or otherwise be detrimental to the interests of Intel.
4. Intellectual Property:
   1. All right, title and interest in and to the Content are and will remain the exclusive property of Intel and its licensors or suppliers. Nothing in this Agreement shall limit Intel’s right to license, assign or otherwise use the Content or any part thereof. You shall not attempt to obtain a copyright for the Content. Except as expressly set forth herein, this Agreement does not grant You any rights, implied or otherwise, to any other content or intellectual property of Intel.
   2. Any use by You of “Intel” or any Intel logo or trademark in association with any use of the Content, other than as such may already be part of the Content as delivered to you by Intel, requires the prior written approval of Intel. 
5. Exclusion of Warranties / Limitation of Liability: The Content is provided “as is” without any express or implied warranty of any kind. In no event shall Intel be liable for loss of profits, loss of revenue, or indirect, special, exemplary or punitive or consequential damages in connection with this Agreement.
6. Governing Law & Forum Selection: This Agreement shall be governed by New York law without regard to its choice of law provisions. All disputes arising from or related to this Agreement shall be exclusively litigated in the State and Federal courts located in New York City.
7. Invalidity. Any provision of this Agreement found to be invalid, unenforceable, or prohibited by law will be ineffective only to the extent of such invalidity, unenforceability, or prohibition without invalidating the rest of this Agreement.

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.

Pre-Release License Agreement for Pre-Release Software

1. PRE-RELEASE: The Materials are pre-release code, which may not be fully functional and which Intel may substantially modify in producing any final version. Intel can provide no assurance that it will ever produce or make generally available a final version.

2. LICENSE DEFINITIONS:

A. "Materials" are defined as the software, documentation, license key codes and other materials, including any updates and upgrade thereto, for the applicable pre-release software (which may be found at http://whatif.intel.com/), that are provided to you under this Agreement.

3. LICENSE GRANT:

A. Subject to all of the terms and conditions of this Agreement, Intel Corporation ("Intel") grants to you a non-exclusive, non-assignable copyright license to make only the minimum number of copies of the Materials reasonably necessary for your internal testing and development of your products.

B. Subject to all of the terms and conditions of this Agreement, Intel grants to you a non-exclusive, non-assignable copyright license to modify the Materials that are provided in source code (human readable) form.

C. If the Materials include the file named “redist.txt”, then subject to all of the terms and conditions of this Agreement and any specific restrictions which may appear in the “redist.txt” file, Intel grants to you a non-exclusive, non-assignable copyright license to redistribute the files (unmodified or modified by you) listed in the “redist.txt” file only as part of the application you develop with the Materials.

4. LICENSE RESTRICTIONS:

A. You may not reverse-assemble, reverse-compile, or otherwise reverse-engineer any software provided solely in binary form.

B. You may not distribute any portion of Materials, whether in source or binary form, to any third party, except as specified in this Agreement.

5. COPYRIGHT: Title to the Materials 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 any 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. Subject to Intel’s ownership of the Materials, all right, title and interest in and to your modifications shall belong to you.

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7. LIMITATION OF LIABILITY: THE ABOVE REPLACEMENT PROVISION IS THE ONLY WARRANTY OF ANY KIND. INTEL OFFERS NO OTHER WARRANTY EITHER EXPRESS OR IMPLIED INCLUDING THOSE OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD- PARTY INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. 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 SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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* Other names and brands may be claimed as the property of others

5-May-2017
Subject to Revision

Executive Summary

As an Intel® Software Guard Extensions (Intel® SGX) licensed developer (Licensee), your use of technology for Intel SGX is expected to comply with the following guidelines, where applicable, and comply with the general spirit and intent of these guidelines in cases not explicitly addressed by the guidelines. These guidelines have been developed so that users of Intel SGX enabled software can make certain assumptions about the software they are relying upon. Failure to meet these guidelines can result in your license being terminated. Intel may update these guidelines from time to time without notice.

Terms used in this document

Licensee – the developer organization which has accepted the license conditions for Intel SGX.

Platform Software (PSW) – Software for Intel SGX, which includes but is not limited to: enclaves used for EPID provisioning, attestation, launching and platform services, which are required for the Intel SGX architecture to work.

Software Development Kit (SDK) – Software for Intel SGX, used by a Licensee to create their own Intel SGX enabled application software.

Enclave Signing Key – A public/private key pair used by the Licensee to generate a signature over their software enclave in the form of a SIGSTRUCT.

Attestation Service for Intel SGX – A RESTful web service provided and operated by Intel which allows a Licensee to verify attestation evidence (enclave QUOTES) submitted by Service Providers

Production Attestation Service for Intel SGX – The production version of the Attestation Service, intended for business-relevant traffic. Access requires a signed Commercial Use License Agreement.

Development Attestation Service for Intel SGX – The development version is intended for test traffic and functional validation of the Attestation Service. The Development Attestation Service does not require a signed Commercial Use License Agreement, but does require the customer to provide some basic configuration information to Intel. Customer traffic may be throttled. Service level and availability may be lower than the Production Attestation Service.

Trusted Computing Base (TCB) – the critical parts of the platform that maintain the security of the Intel SGX enabled platform.

Secure SW Development Practices

For the most part software inside an enclave is just like any other software. To achieve optimal security it should be developed and validated with care. Placing software in an Intel SGX protected environment does not relieve the need for a software developer to follow good development techniques and secure programming practices. Specific enclave development issues are highlighted in the Developer Guide for Intel SGX that accompanies the Software Development Kit for Intel SGX. In addition, Licensees should:

1. Observe industry secure coding best practices for software development to avoid vulnerabilities (such practices might include a secure software development framework, coding standards, data input validation, least access possible, secure logging, and so on).
2. Address and fix significant security vulnerabilities within a reasonable time, or within a time frame established under existing disclosure arrangements between Intel and the Licensee, after becoming aware of the vulnerability.
3. Ensure that the licensed application installer, or the operating environment in which the application resides, includes the most current Platform Software (PSW) Installer for Intel SGX.
4. Ensure that end-users receive PSW updates via application update mechanism, or via the operating environment in which the application resides.
5. Observe best industry practices to: (i) not write malware, spyware or other nuisance software; (ii) not write poorly designed software that contains significant security vulnerabilities or that fails to deliver its security promise.
6. Construct Licensed Software Applications to enable complete removal on end user request, including removal of any sealed data.

Responsible Reporting to Intel

Where you, the Licensee, suspect that Intel software may have a bug or security flaw, you must privately inform Intel of the issue in a timely fashion and work with Intel to address the potential issue. Where applicable, this exchange of information should occur under existing disclosure arrangements between Intel and the Licensee. Intel will assess the issue and, if necessary, devise a remedy, taking into account the severity of the issue. Licensee must refrain from any public disclosure of the issue prior to reaching agreement with Intel on the timetable and content for such disclosure. For further details on reporting security issues to Intel see https://security-center.intel.com.

System Components for Intel SGX

Platform Software Installer for Intel SGX

The Platform Software (PSW) Installer for Intel SGX is a prerequisite to running Production Applications for Intel SGX on Intel SGX capable systems. Where the PSW for Intel SGX is not pre-installed by OEMs or the Operating System provider, all Licensed Applications for Intel SGX are required to include it as a component within their product installer. The PSW installer for Intel SGX performs standard version checking to determine if a current or newer version has been previously installed on the client machine.

Services for Intel SGX

Intel will provide an Attestation Service for Intel SGX for parties relying on Intel SGX to verify quotes received from an Intel SGX-capable platform. Developers should leverage the Development Attestation Service endpoint when developing and validating support for Intel SGX in their application. As a developer transitions to become a Licensee, the Licensee should migrate their application servers to use the Production Attestation Service endpoint.

Intel may introduce new versions of the Attestation Service over time, and will support a specified number of older versions. The Licensee is responsible for transitioning their application(s) and solution(s) to a supported version prior to the “end of support” date of an older version.

Trusted Computing Base (TCB) Updates

Intel may issue periodic updates to parts of the platform that are critical to Intel SGX. Some parts of the TCB are included in the Platform SW Installer (PSW). The Licensee is responsible for the delivery of this update.

Intel will provide communication on the definition and scope of issues related to a TCB update, including a list of affected components, and an SLA for updated component delivery.

A TCB Recovery Event is a strong indicator that an exploitable vulnerability existed and has been remediated. Such an update will coincide with Intel being able to issue a new attestation key to updated platforms.

The Licensee should consider the impact of a TCB update to their relying party software which makes use of the Attestation Service for Intel SGX.

Updates and Communication

As Intel produces updated versions of the PSW for Intel SGX, developers are expected to deploy the PSW update via their application’s product update delivery mechanism. The schedule for performing the update depends on the type of mechanism.

For Security Updates, Intel will issue a standard information advisory on https://security-center.intel.com upon discovery of a vulnerability with the distributable components of the PSW or SDK for Intel SGX.

For TCB Updates: evaluate the impact to the Application as well as the Application Server and take necessary action.

For Technology Updates – Intel will from time to time update the PSW, SDK, and Services. As Intel releases updates, we will work with Licensees to determine a transition period.

In general, Developers should subscribe to Intel SGX communications and promptly take the recommended action(s) (e.g., patch/update information, TCB recovery information, SDK / Platform Software updates, Service version updates), notify Intel of issues and follow the documented customer escalation process.

Enclave Signing Key Management

A Licensee’s enclave private signing key, if lost, could be used by malware to sign enclaves, including one that may be used to attest to the developer’s attestation server. Thus, loss of the Licensee’s enclave private signing key not only impacts the Licensee’s reputation but could also pose a significant risk of IP theft.

Licensees must inform Intel as soon as reasonably possible after becoming aware of any risk to, theft, or compromise of an enclave private signing key.

Intel recommends that developers and Licensees use a protected environment such as an HSM-managed enclave signing system for production signing (NOTE: This is only needed for production signing, not development (debug) signing. Production signing of enclaves is recommended to be performed after completing code reviews, security reviews, and functional validation).

Intel also recommends that developers and Licensees use industry best practices for key management to protect the enclave signing private key from theft (by insiders or external agents), compromise (accidental release or discovery due to negligence) or other abuse.

A sample reference for best practices:

https://www.thawte.com/code-signing/whitepaper/best-practices-for-code-signing-certificates.pdf