Intel Android Device USB Driver End-User License Agreement
Copyright© 2012 Intel Corporation.
All rights reserved
INTEL SOFTWARE LICENSE AGREEMENT (Internal Use Only) IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING. DO NOT USE OR LOAD THIS INTEL SOFTWARE UNTIL YOU HAVE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. BY LOADING OR USING THIS INTEL SOFTWARE, YOU AGREE TO THE TERMS OF THIS INTEL SOFTWARE LICENSE AGREEMENT (THIS AGREEMENT. IF YOU DO NOT WISH TO SO AGREE, DO NOT COPY, INSTALL OR USE THIS INTEL SOFTWARE. IF YOU ARE AN AGENT OR EMPLOYEE OF A LEGAL ENTITY YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH LEGAL ENTITY TO THIS AGREEMENT. AS USED HEREIN, YOU OR LICENSEE MEANS THE INDIVIDUAL ACCESSING THE SOFTWARE AND HIS/HER EMPLOYER AND INTEL MEANS INTEL CORPORATION.
1. Definitions: Object Code means computer programming code in binary form suitable for machine execution by a processor without the intervening steps of interpretation or compilation. Software means the software and related documentation provided to Licensee under this Agreement. Source Code means computer programming code in an uncompiled form readable by humans which cannot be executed by a processor unless it is complied into binary form.
2. LICENSE GRANTS AND RESTRICTIONS.
2.1. Software License.
Subject to the terms and conditions of this Agreement, Intel grants Licensee a non-transferable, non-exclusive, worldwide, royalty-free, non-sublicenseable license under Intel copyrights to reproduce the Software and under Intel Licensed Patent Claims to make, use, and import the Software (in Object Code form only) internally within Licensee facilities.
2.2. Other Licenses and Rights.
Except as expressly provided in Section 2.1, no other license or right is granted to Licensee to any Intel patents, copyrights, mask works, trade secrets, or other intellectual property under this Agreement, expressly or by implication, estoppel, statute or otherwise.
2.3. Licensed Patent Claims means those claims of Intel patents that (a) are infringed by the Software, alone and not in combination, in its unmodified form as furnished by Intel to Licensee, and (b) Intel has the right to license.
This Agreement is subject to these conditions: 1. You may not copy, modify, rent, sell, distribute, externally display, externally perform or transfer any part of the Software except as provided in this Agreement, and you agree to prevent unauthorized copying of the Software. 2. You may not reverse engineer, decompile, or disassemble the Software. 3. You may not sublicense the Software. 4. The Software may include third party portions which are offered on terms in addition to those set out here, as set out in a license accompanying those portions. 5. You may not subject the Software, in whole or in part, to any license obligations of Open Source Software including without limitation combining or distributing the Software with Open Source Software in a manner that subjects the Software or any portion of the Software provided by Intel hereunder to any license obligations of such Open Source Software. "Open Source Software" means any software that requires as a condition of use, modification and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software (a) be disclosed or distributed in source code form; or (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. Open Source Software includes, without limitation, software licensed or distributed under any of the following licenses or distribution models, or licenses or distribution models substantially similar to any of the following: (a) GNU 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), (g) the Apache Software license and (h) the Common Public License (CPL). OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software remains with Intel or its suppliers. The Software is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. You may not remove any copyright notices from the Software. Intel may make changes to the Software, or to items referenced therein, at any time without notice, but is not obligated to support, update, upgrade or provide training for the Software.
EXCLUSION OF WARRANTIES
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Intel does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software. LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE SOFTWARE LICENSED HEREUNDER IS NOT DESIGNED OR INTENDED FOR USE IN ANY MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS, TRANSPORTATION SYSTEMS, NUCLEAR SYSTEMS, OR FOR ANY OTHER MISSION CRITICAL APPLICATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO PERSONAL INJURY OR DEATH. YOU SHALL INDEMNIFY AND HOLD INTEL AND THE INTEL PARTIES HARMLESS AGAINST ALL CLAIMS, COSTS, DAMAGES, AND EXPENSES, AND REASONABLE ATTORNEY FEES ARISING OUT OF, DIRECTLY OR INDIRECTLY, THE UNINTENDED USE OF THE SOFTWARE AND ANY CLAIM OF PRODUCT LIABILITY, PERSONAL INJURY OR DEATH ASSOCIATED WITH ANY UNINTENDED USE, EVEN IF SUCH CLAIM ALLEGES THAT AN INTEL PARTY WAS NEGLIGENT REGARDING THE DESIGN OR MANUFACTURE OF THE SOFTWARE. THE LIMITED REMEDIES, WARRANTY DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTEL AND YOU. INTEL WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE WITHOUT SUCH LIMITATIONS. FEEDBACK To assist Intel in identifying problems with and making improvements to the Software, Intel invites Your feedback concerning the product features, software tools, application, architecture, program/code, documentation or any bugs, errors or other problems discovered during the course of Your use of the Software. 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 feedback, including derivative works thereto, for any and all commercial or non-commercial purposes.
TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement at any time if you violate its terms. Upon termination, you will immediately destroy the Software or return all copies of the Software to Intel (including providing certification of such destruction back to Intel). In the event of termination of this Agreement, all licenses granted to you hereunder shall immediately terminate.
APPLICABLE LAWS. Claims arising under this Agreement shall be governed by the laws of Delaware, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods.
GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS." Use, duplication or disclosure by the government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or their successors. Use of the Software by the government constitutes acknowledgment of Intel's proprietary rights therein. Contractor or Manufacturer is Intel Corporation, 2200 Mission College Blvd., Santa Clara, CA 95052.
PUBLICITY. You shall use Intel's name in any publications, advertisements, or other announcements without Intel's prior written consent. You do not have any rights to use any Intel trademarks or logos. ASSIGNMENT. You may not delegate, assign or transfer this Agreement, the license(s) granted or any of your rights or duties hereunder, expressly, by implication, by operation of law, by way of merger (regardless of whether you are the surviving entity) or acquisition, or otherwise and any attempt to do so, without Intel express prior written consent, shall be null and void. Intel may assign this Agreement, and its rights and obligations hereunder, in its sole discretion.
ENTIRE AGREEMENT. The terms and conditions of this Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and merges and supersedes all prior, contemporaneous agreements, understandings, negotiations and discussions. Neither of the parties hereto shall be bound by any conditions, definitions, warranties, understandings or representations with respect to the subject matter hereof other than as expressly provided for herein. Intel is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Intel. NO AGENCY Nothing contained herein shall be construed as creating any agency, employment relationship, partnership, principal-agent or other form of joint enterprise between the parties.
SEVERABILITY In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by an applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. WAIVER The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
EXPORT CLAUSE You shall not export, either directly or indirectly, any product, service or technical data or system incorporating such items without first obtaining any required license or other approval from the U. S. Department of Commerce or any other agency or department of the United States Government. In the event any product is exported from the United States or re-exported from a foreign destination by You, You shall ensure that the distribution and export/re-export or import of the product is in compliance with all laws, regulations, orders, or other restrictions of the U.S. Export Administration Regulations and the appropriate foreign government. You agree that neither you nor any of your subsidiaries will export/re-export any technical data, process, product, or service, directly or indirectly, to any country for which the United States government or any agency thereof or the foreign government from where it is shipping requires an export license, or other governmental approval, without first obtaining such license or approval.