PERCEPTUAL COMPUTING SOFTWARE DEVELOPMENT KIT ("SDK")
LICENSE AGREEMENT v2
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
DO NOT USE OR LOAD THIS SOFTWARE (THE "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 SOFTWARE DEVELOPMENT KIT 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.
All Applications and Components developed using this Software must comply with Intel's privacy requirements set forth in Exhibit A, which may be updated from time to time.
The Software is not intended to enable the design of Applications and Components that (i) are used in any medical, life-saving or life sustaining systems (ii) used for the diagnosis of disease or the cure, mitigation, treatment, or prevention of disease or for any use that is intended to affect bodily structure or function or (iii) to be used as an accessory to a regulated medical device or to transform a computing platform into a regulated medical device.
2. DEFINITIONS. In this Agreement, the following capitalized terms shall have the meanings below:
a. "Application" means a software application and all materials related to such application:
(i) designed for use on an Intel-branded processor-based laptop, desktop, netbook, tablet or other personal computing system (excluding mobile phones) running a version of Microsoft Windows operating system; and
(ii) that is developed using a specific perceptual computing capability of the Software to produce an application which features a similar perceptual computing capability and in the manner as may be further described in the accompanying Software documentation. For example, without limitation, you may only use the speech recognition capability of the Software to develop speech-recognition-based Applications and you may only use the gesture-based capabilities of the Software to develop gesture-based Applications.
b. "Component" means a reusable module that can be incorporated into other applications in the form of middleware, libraries, modules, etc. that may be submitted by other developers:
(i) designed for use on an Intel-branded processor based laptop, desktop, netbook, tablet or other personal computing system (excluding mobile phones) running a version of Microsoft Windows operating system; and
(ii) that is developed using a specific perceptual computing capability of the Software to produce a component which features a similar perceptual computing capability and in the manner as may be further described in the accompanying Software documentation. For example, without limitation, you may only use the speech recognition capability of the Software to develop speech-recognition-based Component and you may only use the gesture-based capabilities of the Software to develop gesture-based Component.
3.1 Subject to the restrictions in Section 3.3, Intel Corporation ("Intel") grants to you the following non-exclusive, non-transferable, non-assignable, royalty-free: (i) licenses under its copyrights in the Intel-developed portions of the Software and (ii) sublicenses under third party licensors' copyrights (for their respective code that may be included in or provided with the Software), and as applicable pursuant to Section 3.3 below, to design, develop, debug, modify and distribute Applications and Components, subject to the following:
- Developer Tools include libraries, developer documentation, installation or development utilities, and other materials. You may use and distribute the foregoing items internally for the purposes of using the Software as licensed under Section 3.1 above, but you may not externally redistribute them.
- Sample Source may include example interface or application source code. You may copy, modify and compile the Sample Source and distribute it in your Application and Component in binary or source code form.
- End-User Documentation includes textual materials intended for end users. You may copy, modify and distribute them solely with Applications and Components.
- Licensed Binaries are redistributable code provided in binary form which are listed in one or more of following text files that may be included in the Software: clredist.txt, credist.txt, fredist.txt, redist.txt, redist-rt.txt. You may copy and distribute Licensed Binaries with your Application and Components.
- Header Files are source files for use by you for the purposes of using the Software as licensed hereunder, but you may not externally redistribute them as part of or with your Application and Components.
- Pre-Release Materials include those binary software files listed in a "pre-release.rtf" text file which are deemed to be pre-release code (e.g., alpha or beta release, etc), which may not be fully functional, and which Intel or its licensors may substantially modify in the development of a commercial version. Neither Intel nor its licensors makes any assurances that they will ever develop or make generally available a commercial version of any such Pre-Release Materials. You may not externally redistribute Pre-Release Materials, in whole or in part, as part of or with your Application and Components.
3.2 Notwithstanding Section 3.1 above, the Software includes third party programs or materials, including without limitation open source software that are governed by the third party's license terms. Those third party programs or materials and their respective license terms are listed in the "third_party.rtf" text file that is included in the Software. The license terms associated with such third party programs or materials govern your use of same, and Intel is not liable for such third party programs or materials.
3.3 Restrictions. Your use of the Software is expressly limited to and conditioned upon compliance with the following:
Except as expressly provided in this Agreement, You will not (a) copy, reproduce, distribute, or in any other manner duplicate the Software in whole or in part, (b) sell, lease, license, sublicense, distribute, assign, transfer or otherwise grant any rights in the Software, in whole or in part, (c) modify, port, translate, or create derivative works of the Software.
You will not allow or take any action that would cause the Software to be placed in the public domain or be made subject to any open source software license agreement.
You will not alter, remove or obscure any proprietary notices from the Software relating to Intel's or Intel's licensors' intellectual property rights.
You will make reasonable efforts to discontinue use of the portions of the Software that you are licensed hereunder to use, upon Intel's release of an update, upgrade or new version of the Software and to make reasonable efforts to distribute such updates, upgrades or new versions to your customers who have received the Software herein.
You may not reverse-assemble, reverse-compile, or otherwise reverse-engineer any portion of the Software provided solely in binary form.
You must not disable or by-pass any security features of the Software, or use the Software to develop Applications or Components that: (i) can disable or by-pass such security features or (ii) can cause a Security Vulnerability. "Security Vulnerability" means a weakness or flaw in a product or system's design, operation or implementation that could be exploited by an attacker to violate the product or system's security or privacy policies, including without limitation, a flaw that makes it infeasible, even when the product is properly used, to prevent an attacker from usurping privileges on a user's system, compromising its data, security or other operational features. If you become aware that your Applications or Components can cause a Security Vulnerability, you agree to (1) immediately notify Intel, (2) take immediate measures to stop the distribution of your Applications or Components, (3) promptly correct such Security Vulnerability and (4) indemnify Intel for any claims that may be alleged against Intel due to such Security Vulnerability.
You (i) are solely responsible to your customers for any update or support obligation or other liability which may arise from the distribution of your Application and/or Component, (ii) do not make any statement that your product is "certified," or that its performance is guaranteed, by Intel, (iii) do not use Intel's name, logo or trademarks to market your product without written permission, (iv) shall prohibit disassembly and reverse engineering, and (v) shall 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 incorporating or developed using the Software.
4. OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software remains with Intel or its licensors. 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 or its licensors may make changes to the Software, or to items referenced therein, at any time without notice, but neither are obligated to support or update the Software. Except as otherwise expressly provided, neither Intel nor its licensors grant any express or implied right under Intel or Intel's licensors patents, copyrights, trademarks, or other intellectual property rights.
5. FEEDBACK. This Agreement does NOT obligate you to provide Intel with comments or suggestions regarding the Software. However, should you provide Intel with comments or suggestions for the modification, correction, improvement or enhancement of (a) the Software or (b) products or processes which work or interact with the Software, you grant to Intel and/or Intel's licensors (where your comments or suggestions relate to their respective code that may be included in the Software) a non-exclusive, irrevocable, worldwide, royalty-free license, with the right to sublicense Intel's licensees and customers and/or Intel's licensors' licensees and customers, under your intellectual property rights, the rights to use and disclose such comments and suggestions in any manner Intel and/or Intel's licensors choose and to display, perform, copy, make, have made, use, sell, and otherwise dispose of Intel's and Intel's licensors' and their sublicensee's products embodying such comments and suggestions in any manner and via any media Intel and/or Intel's licensors choose, without reference to the source.
6. 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. Neither Intel nor its licensors provide any warranty or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INTEL OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. IN ANY EVENT, INTEL'S AND ITS LICENSORS' TOTAL AGGREGATE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OF ANY TYPE SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE FEES PAID BY YOU TO INTEL UNDER THIS AGREEMENT DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM. THE SOFTWARE LICENSED HEREUNDER IS NOT DESIGNED OR INTENDED FOR USE TO ENABLE THE DESIGN OF APPLICATIONS AND COMPONENTS USED 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 OR FOR USE IN ANY SECURITY-RELATED USE CASES. THE WARRANTY DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTEL, ITS LICENSORS AND YOU. INTEL AND ITS LICENSORS WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE WITHOUT SUCH LIMITATIONS.
8. TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement immediately at any time if you violate its terms and such breach is not cured within thirty (30) days of written notice from Intel. Upon termination, you will immediately destroy the Software or return all copies of the Software to Intel.
9. 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. Neither Intel nor its licensors are obligated under any other agreements unless they are in writing and signed by an authorized representative of Intel.
10. APPLICABLE TAXES. Each party shall be responsible for the payment of its own tax liability arising from this transaction.
11. TRADE COMPLIANCE. You and or any of your subsidiaries shall not import, export, reexport, distribute or transfer 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. and any other worldwide government agency that has jurisdiction over such trade activities.
12. ASSIGNMENT. Intel may assign its rights or delegate its obligations, or any part thereof under this Agreement without prior consent from you. You may not assign, whether in conjunction with a change of ownership, merger, acquisition, sale or transfer of all, substantially all or any part of your business or assets or otherwise, either voluntarily, by operation of law of otherwise, any portion of this Agreement. Any attempt by you to assign or delegate any rights, duties or obligations set forth in this Agreement without Intel's prior written consent shall be deemed a material breach of this Agreement and shall be null and void. Except as provided above, the terms and conditions of this Agreement shall bind and inure to each party's successors and assigns.
13. AMENDMENTS. Intel may make changes to this Agreement at any time by sending You a notice to the e-mail address on record describing the modifications made. Intel will also endeavor to post a notification on the Intel's website where you can download the Software describing the modifications made. The changes will become effective, and will be deemed accepted by You: (a) immediately for those who download the Software after the notification is posted, and (b) for pre-existing users, upon acceptance of the modified Agreement (except changes required by law which will be effective immediately). If You are a pre-existing user and you do not accept the updates to this Agreement, Intel may suspend or terminate this Agreement. If You do not accept updates to this Agreement, Your sole and exclusive remedy shall be to cease use of the Software.
14. 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 its successor. 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.
15. TRADEMARKS. Third-party trademarks, trade names, product names and logos (the "Trademarks") contained in or use by the Software are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner. The use of such Trademarks is intended to denote interoprerability and does not constitute: (i) an affliation by Intel and its licensors with such company, or (ii) an endorsement or approval of such company of Intel and its licensors and its products or services.
Privacy Requirements for Development using the Intel® Software Development Kit: What Developers Should Know
Disclaimer: Nothing in this document should be interpreted as legal advice.
This document sets forth your information privacy and security requirements. You are solely responsible to ensure that your use of the Software (including any Applications and/or Components you develop using the Software) is in compliance with all applicable laws, regulations and standards. Compliance with international privacy standards, laws and regulations can be complicated. If any applicable law, regulation or standard is more stringent than the requirements and recommendations contained herein, the law/regulation/standard controls.
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 constitutes a breach of the Agreement and may lead to termination of the rights and licenses granted herein.
If you have any question about applicable laws, regulations or standards, you should seek competent legal counsel. Ultimately, compliance is your obligation.
You are required to include the following in Applications you create using the Software:
1.1. Notice to End Users. If your Application collects, uses, or shares any personal information, the end user must be notified about what is being collected or used; why it is being collected or used (purpose); and whether the information will be shared with anyone else.
1.1.1. 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 identifiable individual. Examples can include: Images, voice, location, name, address, birthday, gender, logged activities, survey responses, etc.
Further, most jurisdictions recognize that particular types of personal information are more sensitive than others (e.g. biometrics, children's personal information, financial information, etc.) and, therefore, apply heightened standards to "sensitive personal information." You must also comply with applicable laws, standards and regulations pertaining to sensitive personal information, if applicable.
1.2. Use Limitation. Personal information may only be used for the purpose described in the notice provided to the end user. If you wish to use personal information for a different purpose, you must notify the end user and obtain prior consent.
1.3. Sharing with Third Parties. You must obtain the end user's affirmative consent prior to sharing any personal information with third parties.
1.4. Storage, transmission and destruction of personal information should be done in a reasonably secure manner. Personal information should be destroyed (or securely discarded) when no longer needed for the purpose for which it was collected.