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

For more complete information about compiler optimizations, see our Optimization Notice.