SOFTWARE LICENSE AGREEMENT (ODM/OEM Distribution & Single User)
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
DO NOT INSTALL, USE OR LOAD THIS INTEL TURBO BOOST MONITOR (“SOFTWARE”) AND ANY ASSOCIATED MATERIALS (COLLECTIVELY, THE “SOFTWARE”) UNTIL YOU HAVE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. BY INSTALLING, USING OR LOADING THE SOFTWARE, YOUAGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO SO AGREE, DO NOT INSTALL, USE OR LOAD THE SOFTWARE.
Please Also Note:
If you are an Original Design Manufacturer (ODM) or Original Equipment Manufacturer (OEM) this complete INTEL SOFTWARE LICENSE AGREEMENT (the “Agreement”) applies;
If you are an End-User, then only Exhibit A of the Agreement applies.
For ODMs, OEMs and IHVs:LICENSE. This Software is licensed for use only in conjunction with computer systems based on the Intel architecture (“Your Licensed Products”). Use of the Software in conjunction with non-Intel Products is not licensed hereunder. Subject to the terms of this Agreement, Intel grants to You a nonexclusive, nontransferable, worldwide, fully paid-up license under Intel’s and it’s suppliers’copyrights (as and to the extent applicable) to:
a) copy or install the Software onto Your Licensed Products solely for commercial re-distribution purposes;
b) distribute the Software in conjunction with Your Licensed Products, to Your end-users, but only under a license agreement with terms at least as restrictive as those contained in Exhibit A hereto; and
c) copy anddistribute the end-user documentation which may accompany the Software, but only in association with the Software.
Except as provided under the paragraph entitled “Ownership of Software and Copyrights”, You shall not assign, sublicense, lease, or in any other way transfer or disclose Software to any third party. You shall not decompile, disassemble or otherwise reverse engineer the Software.
Exceptas expressly stated in this Agreement, no license or right is granted to You directly or by implication, inducement, estoppel or otherwise. Intel shall have the right to inspect or have an independent auditor inspect Your relevant records to verify Your compliance with the terms and conditions of this Agreement.
TRADEMARKS. You shall not 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 pursuant to this Agreement.
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 treatyprovisions. You may not remove any copyright notices from the Software. Except as otherwise expressly provided, Intel grants no express or implied right under Intel or supplier 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.
SOFTWAREMODIFICATION AND SUPPORT. Intel or its suppliers may make changes to the Software, or to items referenced therein, at any time and without notice. Intel may provide support for the Software, including the provision of updates, upgrades or bug fixes thereto, at times and in manners and amounts at its sole discretion.
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 (90) 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,...