Software License Agreement
DO NOT download, install, access, or use any portion of the Software until you have read and ACCEPTED the terms and conditions OF THIS AGREEMENT. By installing, accessing, or using the Software, You agree to be legally bound by the terms and conditions of this Agreement. If You do not agree to be bound by, or the entity for whose benefit You act has not authorized You to accept, these terms and conditions, do not install, access, or use the Software.
Use. You may use the software (the “Software”), without modification, provided the following conditions are met:
Limited Copyright License. Intel grants You a royalty-free, personal, nontransferable, nonexclusive license under its copyrights to use the Software only for the implementation of the PCIe5 connector measurement specification [https://www.intel.com/content/www/us/en/io/pci-express/pci-express-architecture-devnet-resources.html] in your systems. Except as provided herein, no other license, express or implied, by estoppel or otherwise, to any other intellectual property rights is granted to You.
Third party programs. The Software may contain Third Party Programs. “Third Party Programs” are third party software, open source software or other Intel software listed in the “third-party-programs.txt” or other similarly named text file that is included with the Software. Third Party Programs, even if included with the distribution of the Software, may be governed by separate license terms, including without limitation, third party license terms, open source software notices and terms, and/or other Intel software license terms. These separate license terms may govern your use of the Third Party Programs.
DISCLAIMER. THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE DISCLAIMED. THIS SOFTWARE IS NOT INTENDED FOR USE IN SYSTEMS OR APPLICATIONS WHERE FAILURE OF THE SOFTWARE MAY CAUSE PERSONAL INJURY OR DEATH AND YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ANY CLAIMS, COSTS, DAMAGES, EXPENSES, AND ATTORNEYS’ FEES ARISING OUT OF ANY SUCH USE, EVEN IF ANY CLAIM ALLEGES THAT INTEL WAS NEGLIGENT REGARDING THE DESIGN OR MANUFACTURE OF THE MATERIALS.
LIMITATION OF LIABILITY. IN NO EVENT WILL INTEL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE TO INDEMNIFY AND HOLD INTEL HARMLESS AGAINST ANY CLAIMS AND EXPENSES RESULTING FROM YOUR USE OR UNAUTHORIZED USE OF THE SOFTWARE.
No support. Intel may make changes to the Software, at any time without notice, and is not obligated to support, update or provide training for the Software.
Termination. Intel may terminate your right to use the Software in the event of your breach of this Agreement and you fail to cure the breach within a reasonable period of time.
Feedback. Should you provide Intel with comments, modifications, corrections, enhancements or other input (“Feedback”) related to the Software Intel will be free to use, disclose, reproduce, license or otherwise distribute or exploit the Feedback in its sole discretion without any obligations or restrictions of any kind, including without limitation, intellectual property rights or licensing obligations.
Compliance with laws. You agree to comply with all relevant laws and regulations governing your use, transfer, import or export (or prohibition thereof) of the Software.
Governing law. All disputes will be governed by the laws of the United States of America and the State of Delaware without reference to conflict of law principles and subject to the exclusive jurisdiction of the state or federal courts sitting in the State of Delaware, and each party agrees that it submits to the personal jurisdiction and venue of those courts and waives any objections. The United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded and will not apply to the Software.
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