Manageability Developer Tool Kit Binary

License Agreement

IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.

End User License Agreement for the
Manageability Developer Tool Kit


Copyright © 2008-2011 Intel Corporation
All rights reserved.

INTEL SOFTWARE LICENSE AGREEMENT
-------------------------------------------------------

IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
Do not use or load this software and any associated materials (collectively,the "Software") until you have carefully read the following terms and conditions. By loading or using the Software, you agree to the terms of this Agreement. If you do not wish to so agree, do not install or use the Software.

LICENSE: Subject to the restrictions below, Intel Corporation ("Intel") grants to you the following non-exclusive, non-assignable, royalty-free copyright licenses in the Software. The Software may include portions offered on terms in addition to those set out here, as set out in a license accompanying those portions:

* Developer Tools include developer documentation, installation or development utilities, and other materials. You may use them internally for the purposes of using the Software as licensed hereunder, but you may not 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 own products in binary and source code form.

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

* Licensed Binaries are redistributable code provided in binary form. You may copy and distribute Licensed Binaries with your product.

SITE LICENSE: You may copy the Software onto your organization's computers for your organization's use subject to and consistent with the terms of this Agreement.

RESTRICTIONS: You will make reasonable efforts to discontinue distribution of the portions of the Software that you are licensed hereunder to distribute, 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 software provided solely in binary form.

Distribution of the Software is also subject to the following limitations:
you (i) are solely responsible to your customers for any update or support obligation or other liability which may arise from the distribution, (ii) do not make any statement that your product is "certified," or that its performance is guaranteed, by Intel, (iii) do not use Intel's name or trademarks to market your product without written permission, (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.

Any use of any or all of the VNC* Viewer SDK for Intel KVM “the RSDK” comprised of the following specific files:

ManageabilityDTK\src\Common\KVM\ RealVNC.VNCViewerControl.dll
ManageabilityDTK\src\Common\KVM\RealVNC.VNCViewerSDK.dll
ManageabilityDTK\src\Common\KVM\vncamt.dll
Manageability_Commander_Tool.exe

are also subject to the following restrictions:

(i) The RSDK is licensed for use only in conjunction with Intel AMT component products. Use of the RSDK in conjunction with non-Intel or non Intel AMT component products is not licensed hereunder.

(ii) The RSDK includes code, developer documentation, installation or development utilities, and other materials. You may use them internally for internal Evaluation purposes only. You may not redistribute them.

“Evaluation” means use strictly limited to evaluating the ability of the RSDK to be used for its intended function with the limitation that none of the evaluation or its results shall be used for external commercial use.

(iii) You shall not reproduce any RSDK end user documentation in a manner that would obscure or modify copyright notices or any text acknowledging the author or source. End-User Documentation includes textual materials intended for end users; and

(iv) You may not copy the RSDK (other than for Evaluation as specified above).

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 or update the Software. Except as otherwise expressly provided, Intel grants no express or implied right under Intel patents, copyrights, trademarks, or other intellectual property rights. You may transfer the Software only if the recipient agrees to be fully bound by these terms and if you retain no copies of the Software.

LIMITED MEDIA WARRANTY. If the Software has been delivered by Intel on physical media, Intel warrants the media to be free from material physical defects for a period of ninety days after delivery by Intel. If such a defect is found, return the media to Intel for replacement or alternate delivery of the Software as Intel may select.

EXCLUSION OF OTHER WARRANTIES. EXCEPT AS PROVIDED ABOVE, 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 INCIDENTALDAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.


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 or provide to Intel under this Agreement 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.

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.

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

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
.

 

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