Intel® Channel Products Guide Application

STANDARD END USER LICENSE AGREEMENT
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.

BY DOWNLOADING, INSTALLING OR USING THE APPLICATION ASSOCIATED WITH THIS APPLICATION - STANDARD END USER LICENSE AGREEMENT, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION.

These license terms are a legal agreement between you and Intel Corporation (“Intel”). The terms of this license apply to the software application (“Application”) you downloaded from the application store. This agreement applies to any updates or new versions of the Application, unless the update includes separate terms.

LICENSE: So long as you comply with the terms of this agreement, you may install and use one copy of the Application per device you personally own or control. You may make one back-up copy of the Application Title to the Application’s underlying intellectual property rights remains with Intel or its suppliers. The Application is licensed to you, not sold. So long as you comply with the terms of this Agreement, the licenses granted are perpetual. This Agreement only gives you some rights to use the Application. Intel reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Application only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the Application that only allow you to use it in certain ways. You may not:

Reverse engineer, decompile or disassemble the Application, except only to the extent that applicable law expressly permits, despite this limitation (for example, to the extent Article 6 of the European Community's Directive for the Legal Protection of Computer Programs, 91/250/EG (14 May 1991) applies to you);

You may not copy, modify, sublicense, rent, lease, lend, sell, distribute, publicly perform, publicly display or transfer any part of the Application except as provided in this Agreement, and you agree to prevent unauthorized copying of the Application;

Transfer the Application or this agreement to any third party.

The Application may contain the software or other property of third party suppliers, some of which may be identified in, and licensed in accordance with, any enclosed “license.txt” or “read me” file or other text or file. The Application 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 Application.

INTERNET-BASED SERVICES: The Application may contain, provide, use or require Internet or communication network connectivity or related services (“Internet Connection”). Your use of such Internet Connection is subject to the terms provided by your Internet service provider and/or network operator. Additionally, you expressly agree as follows:

Consent. You expressly consent, acknowledge and agree that the Application may utilize an Internet Connection. No further notice of an Internet Connection by the Application or otherwise is required to be provided by anyone to you. Your use of the Application operates as your consent to transmission of standard device information (including information about your device and system) for internet-based or wireless services.

No Misuse. You agree not to use any Internet-based service or tool, third party computer network or telecommunications network in any way that would harm or impair anyone else’s use thereof. You agree not to use the Application or Internet-based tool or service to try to gain unauthorized access to any data, account, network or other service by any means.

SUPPORT SERVICES. The Application is provided “as is.” Contact the Developer to determine if any support services are provided. Intel Corporation (unless it is the Developer of the Application), any operator of the Store, the manufacturer of your device, and your Internet service provider are not responsible for providing support services for the Application. Developer may make changes to the Application, at any time without notice, but is not obligated to support or update the Application.

FEEDBACK: You are not required to provide any feedback to Intel regarding the Application (“Feedback”). However, to the extent that you provide feedback to Intel and Intel incorporates such Feedback in the Application, you hereby grant to Intel and Intel accepts, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license, with the right to sublicense, under your intellectual property rights to the feedback to incorporate or otherwise utilize feedback as provided by you to Intel in the design of the Application and to make derivative works, design, debug, display, perform, copy, make, have made, use, sell, distribute (directly and indirectly through multiple tiers), license, and otherwise dispose of and support Intel’s and its sublicensees’ products and documentation embodying such feedback in any manner and via any media Intel chooses, without reference to the source.

ACKNOWLEDGEMENTS. You acknowledge and agree that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties.

EXCLUSION OF OTHER WARRANTIES. EXCEPT AS PROVIDED ABOVE, THE APPLICATION IS PROVIDED "AS IS" AND WITH ALL FAULTS. YOU ASSUME AND BEAR ALL RISKS ASSOCIATED WITH THE DOWNLOAD, INSTALLATION AND USE OF THE APPLICATION. INTEL DOES NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, 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 Application. You may have additional consumer rights under local laws in your jurisdiction which this agreement cannot change.

LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL BE LIABLE FOR ANY DAMAGES WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, WHETHER ARISING FROM LOSS OF PROFITS, LOSS OF USE, LOSS OR CORRUPTION OF DATA, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, IRRESPECTIVE OF WHETHER INTEL HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL INTEL'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM THIS AGREEMENT EXCEED THE LESSER OF THE SUM PAID BY YOU FOR THE APPLICATION LICENSED UNDER THIS AGREEMENT WHICH IS BOTH THE SUBJECT OF AND DIRECTLY AFFECTED BY THE SUBJECT CLAIMS OR FIFTY UNITED STATES DOLLARS ($50.00).

THE LIMITED WARRANTY, 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 APPLICATION WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS MAY PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES (IF ANY) OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN ITS ENTIRETY. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement at any time if you violate its terms. Upon termination, you will immediately delete the Application and cease using the Application.

LANGUAGE; TRANSLATIONS. In the event that the English language version of this Agreement is accompanied by any other version translated into any other language, such translated version is provided for convenience purposes only and the English language version shall control.

TRADE COMPLIANCE. You and or any of your affiliates shall not import, export, re-export, 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.

APPLICABLE LAWS; ENTIRE AGREEMENT. Claims arising under this Agreement shall be governed by the laws of the State of Delaware, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. Intel is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Intel.