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.
End User License Agreement for the Intel(R) Integrated Performance Primitives
(Intel(R) IPP)
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. Materials also include the Redistributables and Sample
Source as defined below.
B. "Redistributables" are the files listed in the "redist.txt" file that is
included in the Materials. If there is no redist.txt file included in the
Materials, then there are no Redistributables.
C. "Sample Source" is the source code file(s) that: (i) demonstrate certain
limited functions included in the binary libraries of the Intel IPPs; (ii) are
identified as Intel IPP sample source code; and (iii) are obtained separately
from Intel after you register your copy of the Intel Integrated Performance
Primitives product with Intel.
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 internally the Materials.
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,
or any portions thereof, that are (i) provided in source code form or, (ii) are
defined as Redistributables and are provided in text form.
C. Subject to all of the terms and conditions of this Agreement, Intel grants to
you a non-exclusive, non-assignable copyright license to distribute (except
under an Evaluation License as specified below) the Redistributables and Sample
Source, or any portions thereof, as part of the product or application you
developed using the Materials.
D. NO OTHER LICENSE: Except as expressly provided for in this Agreement,
no license or right is granted to Licensee directly or by implication,
inducement, estoppel or otherwise
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; (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; or (vii) distribute,
sublicense or transfer the source code form of any components of the Materials,
Redistributables and Sample Source and derivatives thereof to any third party
except as provided in this Agreement.
C. The scope and duration (time period) of your license depends on the type of
license you purchased from Intel. The variety of license scopes are set forth
below, which may not be available for all "Intel(R) Software Development
Products" and therefore may not apply to the Materials. For more information on
the types of licenses, please contact Intel or your sales representative.
i. EVALUATION LICENSE: If you obtained the Materials under the
control of an Evaluation license, you as an individual may copy the Materials
only for internal evaluation purposes and only for the term of the evaluation
time period, which is controlled by the license key code for the Materials.
NOTWITHSTANDING ANYTHING TO THE CONTRARY ELSEWHERE IN THIS AGREEMENT, YOU MAY
NOT DISTRIBUTE ANY PORTION OF THE MATERIALS, AND THE APPLICATION AND/OR PRODUCT
DEVELOPED BY YOU MAY ONLY BE USED FOR EVALUATION PURPOSES AND ONLY FOR THE TERM
OF THE EVALUATION PERIOD. You may install copies of the Materials on an
unlimited number of computers provided that you are the only individual using
the Materials and only one copy of the Materials is in use at any one time. A
separate license is required for each additional use and/or individual user in
all other cases. Intel will provide you with a license code key that enables the
Materials for an Evaluation license. If you are an entity, Intel grants you the
right to designate one individual within your organization to have the sole
right to copy the Materials in the manner provided above.
ii. NONCOMMERCIAL-USE LICENSE: If you are using the Materials
under the control of a Noncommercial-Use license, you as an individual may use
the Materials only for non-business use where you receive no fee, salary or any
other forms of compensation. The Materials may not be used for any other
purpose, whether "for profit" or "not for profit." Any work performed or
produced as a result of use of the Materials cannot be performed or produced for
the benefit of other parties for a fee, compensation or any other reimbursement
or remuneration. You may install copies of the Materials on an unlimited number
of computers provided that you are the only individual using the Materials and
only one copy of the Materials is in use at any one time. A separate license is
required for each additional use and/or individual user in all other cases.
Intel will provide you with a license code key that enables the Materials for a
Noncommercial-Use license. If you obtained a time-limited Noncommercial-Use
license, the duration (time period) of your license and your ability to use the
Materials is limited to the time period of the obtained license, which is
controlled by the license key code for the Materials. If you are an entity,
Intel grants you the right to designate one individual within your organization
to have the sole right to use the Materials in the manner provided above.
iii. SINGLE-USER LICENSE: If you obtained the Materials under the
control of a Single-User license, you as an individual may install and copy the
Materials on an unlimited number of computers provided that you are the only
individual using the Materials and only one copy of the Materials is in use at
any one time. A separate license is required for each additional use and/or
individual user in all other cases. Intel will provide you with a license code
key that enables the Materials for a Single-User license. If you obtained a
time-limited Single-User license, the duration (time period) of your license and
your ability to copy the Materials is limited to the time period of the obtained
license, which is controlled by the license key code for the Materials. If you
are an entity, Intel grants you the right to designate one individual within
your organization to have the sole right to copy the Materials in the manner
provided above.
iv. NODE-LOCKED LICENSE: If you are using the Materials under the
control of a Node-Locked license, you may use the Materials only on a single
designated computer by no more than the authorized number of concurrent users. A
separate license is required for each additional concurrent user and/or computer
in all other cases. Intel will provide you with a license code key that enables
the Materials for a Node-Locked license up to the authorized number of
concurrent users. If you obtained a time-limited Node-Locked license, the
duration (time period) of your license and your ability to use the Materials is
limited to the time period of the obtained license, which is controlled by the
license key code for the Materials.
v. FLOATING LICENSE: If you are using the Materials under the
control of a Floating license, you may (a) install the Materials on an unlimited
number of computers that are connected to the designated network and (b) use the
Material by no more than the authorized number of concurrent users. A separate
license is required for each additional concurrent user and/or network on which
the Materials are used. Intel will provide you with a license code key that
enables the Materials for a Floating license up to the authorized number of
concurrent users. If you obtained a time-limited Floating license, the duration
(time period) of your license and your ability to use the Materials is limited
to the time period of the obtained license, which is controlled by the license
key code for the Materials. Intel Library Floating License: If the Materials are
the Intel(R) Math Kernel Library or the Intel(R) Integrated Performance
Primitives Library (either "Intel Library"), then the Intel Library is provided
to you as an add-on option to either the Intel(R) C++ Compiler product or the
Intel(R) Fortran Compiler product (either "Intel Compiler") for which you have a
Floating license, and as such, in addition to the terms and conditions above,
the Intel Library may only be used by the authorized concurrent users of that
Intel Compiler Floating license.
vi. CLUSTER SYSTEM LICENSE: If you are using the Materials under
the control of a Cluster System license, (a) you may install the Materials on an
unlimited number of computers provided that all such computers are part of a
single cluster system and (b) if you are an entity you must designate from
within your organization individuals, up to and not exceeding the authorized
number of users, to have the sole right to use the Materials, and you must limit
the use of the Materials to only those designated individuals. A separate
license is required for (c) each additional cluster system on which the
Materials are used, and (d) each additional designated individual user exceeding
the authorized number of users. Intel will provide you with a license code key
that enables the Materials for a Cluster System license up to the authorized
number of individual uses/users. If you obtained a time-limited Cluster System
license, the duration (time period) of your license and your ability to use the
Materials is limited to the time period of the obtained license, which is
specified in the Materials and/or controlled by the license key code for the
Materials.
D. DISTRIBUTION: Distribution of the Materials is also subject to the
following limitations: You (i) shall be solely responsible to your customers for
any update or support obligation or other liability which may arise from the
distribution, (ii) shall not make any statement that your product is
"certified," or that its performance is guaranteed, by Intel, (iii) shall not
use Intel's name or trademarks to market your product without written
permission, (iv) shall prohibit disassembly and reverse engineering, (v) shall
not publish reviews of Materials designated as beta without written permission
by Intel, and (vi) 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.
E. ADDITIONAL LICENSES: Licensee’s use or implementation of the Materials
may require additional licenses, including but not limited to copyright and
patent licenses from various entities including Intel. Should any such
additional copyright, patent or other licenses be required, Intel expects that
Licensee will and Licensee agrees to obtain any such licenses at Licensee's own
expense. Licensee is solely responsible for obtaining any such licenses and the
copyright licenses granted in herein are conditioned on Licensee obtaining such
additional licenses
F. SAMPLE SOURCE RESTRICTIONS: Notwithstanding anything to the contrary,
a valid license to Intel IPP is a prerequisite to any license for Sample Source,
and possession of Sample Source does not grant a any license to Intel IPP (or
any portion thereof). To access Sample Source, you must first register your
licensed copy of the Intel IPP with Intel. By downloading, installing or copying
any Sample Source file, you agree to be bound by terms of this Agreement.
G. SOFTWARE TRANSFER: You may permanently transfer all of your rights
under this Agreement only with Intel's prior written permission.
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,
Intel does not grant any express or implied right to you under Intel patents,
copyrights, trademarks, or trade secret information.
5. LIMITED MEDIA REPLACEMENT WARRANTY: 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. NO WARRANTY: 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.
7. LIMITATION OF LIABILITY: THE ABOVE REPLACEMENT PROVISION IS THE ONLY
WARRANTY OF ANY KIND. INTEL IS NOT LIABLE FOR ANY COSTS OR DAMAGES RESULTING
FROM COMPLIANCE WITH ANY STANDARD OR LICENSEE’S USE OR DISTRIBUTION OF THE
SOFTWARE OR ANY MODIFICATIONS THEREOF 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. NOTWITHSTANDING ANYTHING TO THE CONTRARY, INTEL’S TOTAL AGGREGATE
LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE VALUE ACTUALLY PAID FOR THE
INTEL MATERIALS. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
8. 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 SUSTAINITNG 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.
9. 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.
10. 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.
11. 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.
12. 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.
* Other names and brands may be claimed as the property of others