Intel Sample Source Code License Agreement

Code Samples License Agreement (Version December 2015)

IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
Do not copy, install or use the Materials (as defined below) provided under
this license agreement ("Agreement") from Intel Corporation (“Intel”), until
you (“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.

If You are agreeing to the terms and conditions of this Agreement on behalf
of a company or other legal entity (“Legal Entity”), You represent and warrant
that You have the legal authority to bind that Legal Entity to the Agreement,
in which case, "You" or "Your" will mean such Legal Entity.

By agreeing to this Agreement, You affirm that You are of legal age (18 years
old or older) to enter into this Agreement. If You are not of legal age You
may not enter into this Agreement, and either Your parent, legal guardian or
Legal Entity must agree to the terms and conditions of this Agreement and enter
into this Agreement, in which case, "You" or "Your" will mean such parent, legal
guardian, or Legal Entity.

Third Party Programs (as defined below), even if included with the distribution
of the Materials, are governed by separate third party license terms, including
without limitation, open source software license terms. Such third party license
terms (and not this Agreement) govern Your use of the Third Party Programs,
and Intel is not liable for the Third Party Programs.

1. LICENSE DEFINITIONS:

“Licensed Patent Claims” means the claims of Intel’s patents that are
necessarily and directly infringed by the reproduction and distribution of the
Materials that is authorized in Section 2 below, when the Materials are in its
unmodified form as delivered by Intel to You and not modified or combined with
anything else. Licensed Patent Claims are only those claims that Intel can license
without paying, or getting the consent of, a third party.

“Materials” means Sample Source Code, Redistributables, and End-User Documentation
but do not include Third Party Programs.

“Sample Source Code” means Source Code files that are identified as sample
code and which may include example interface or application source code, and
any updates, provided under this Agreement.

“Source Code” is defined as the software (and not documentation or text)
portion of the Materials provided in human readable format, and includes modifications
that You make or are made on Your behalf as expressly permitted under the terms
of this Agreement.

“Redistributables” means header, library, and dynamically linkable library
files, and any updates, provided under this Agreement.

“Third Party Programs” (if any) are the third party software files that
may be included with the Materials for the applicable software that include
a separate third party license agreement in an attached text file.

“End-User Documentation” means textual materials intended for end users
relating to the Materials.

2. LICENSE GRANT:

Subject to the terms and conditions of this Agreement, Intel grants You a non-exclusive,
worldwide, non-assignable, royalty-free limited right and license:

A. under its copyrights, to:

1) Copy, modify, and compile the Sample Source Code and distribute it solely
in Your products in executable and source code form;
2) Copy and distribute the Redistributables solely with Your products;
3) Copy, modify, and distribute the End User Documentation solely with Your
products.

B. Under its patents, to:

1) make copies of the Materials internally only;
2) use the Materials internally only; and
3) offer to distribute, and distribute, but not sell, the Materials only as
part of or with Your products, under Intel’s copyright license granted in
Section 2(A) but only under the terms of that copyright license and not as a
sale (but this right does not include the right to sub-license);
4) provided, further, that the license under the Licensed Patent Claims does
not and will not apply to any modifications to, or derivative works of, the
Materials, whether made by You, Your end user (which, for all purposes under
this Agreement, will mean either an end user, a customer, reseller, distributor
or other channel partner), or any third party even if the modification and creation
of derivative works are permitted under 2(A).

3. LICENSE RESTRICTIONS:

Except as expressly provided in this Agreement, You may not:

i. use, copy, distribute or publicly display the Materials;
ii. reverse-assemble, reverse-compile, or otherwise reverse-engineer any software
provided solely in binary form, iii. rent or lease the Materials to any third
party;
iv. assign this Agreement or display the Materials;
v. assign this Agreement or transfer the Materials;
vi. modify, adapt or translate the Materials in whole or in part;
vii. distribute, sublicense or transfer the source code form of the Materials
or derivatives thereof to any third party; viii. distribute the Materials except
as part of Your products;
ix. include the Materials in malicious, deceptive, or unlawful programs or products;
x. modify, create a derivative work, link or distribute the Materials so that
any part of it becomes subject to an Excluded License.

Upon Intel's release of an update, upgrade, or new version of the Materials,
you will make reasonable efforts to discontinue distribution of the enclosed
Materials and you will make reasonable efforts to distribute such updates, upgrades,
or new versions to your customers who have received the Materials herein.

Distribution of the Materials is also subject to the following limitations. You:

i. will be solely responsible to your customers for any update or support obligation
or other liability which may arise from the distribution;
ii. will not make any statement that your product is "certified," or that its
performance is guaranteed, by Intel;
iii. will not use Intel's name or trademarks to market your product without
written permission;
iv. will prohibit disassembly and reverse engineering of the Materials provided
in executable form;
v. will not publish reviews of Materials without written permission by Intel, and
vi. will 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.

4. OWNERSHIP: 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 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. NO WARRANTY AND NO SUPPORT: Disclaimer. Intel disclaims all warranties of
any kind and the terms and remedies provided in this Agreement are instead of
any other warranty or condition, express, implied or statutory, including those
regarding merchantability, fitness for any particular purpose, non-infringement
or any warranty arising out of any course of dealing, usage of trade, proposal,
specification or sample. Intel does not assume (and does not authorize any person
to assume on its behalf) any other liability.

Intel may make changes to the Materials, or to items referenced therein, at
any time without notice, but is not obligated to support, update or provide
training for the Materials. Intel may in its sole discretion offer such support,
update or training services under separate terms at Intel’s then-current rates.
You may request additional information on Intel’s service offerings from an
Intel sales representative.

6. 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 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.

7. LIMITATION OF LIABILITY: 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 Materials, even
if Intel has been advised of the possibility of such damages. Because some jurisdictions
prohibit the exclusion or limitation of liability for consequential or incidental
damages, the above limitation may not apply to You.

8. TERM AND TERMINATION: This Agreement commences upon Your copying, installing
or using the Materials and continues until terminated. Either You or Intel may
terminate this Agreement at any time upon 30 days prior written notice to the
other party. 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 destroy
the Materials or return all copies of the Materials to Intel along with any
copies You have made. After termination, the license grant to any Materials
or Redistributables distributed by You in accordance with the terms and conditions
of this Agreement, prior to the effective date of such termination, will survive
any such termination of this Agreement.

9. U.S. GOVERNMENT RESTRICTED RIGHTS: The technical data and computer software
covered by this license is a “Commercial Item,” as such term is defined
by the FAR 2.101 (48 C.F.R. 2.101) and is “commercial computer software”
and “commercial computer software documentation” as specified under FAR
12.212 (48 C.F.R. 12.212) or DFARS 227.7202 (48 C.F.R. 227.7202), as applicable.
This commercial computer software and related documentation is provided to end
users for use by and on behalf of the U.S. Government, with only those rights
as are granted to all other end users pursuant to the terms and conditions herein.
Use for or on behalf of the U.S. Government is permitted only if the party acquiring
or using this software is properly authorized by an appropriate U.S. Government
official. This use by or for the U.S. Government clause is in lieu of, and supersedes,
any other FAR, DFARS, or other provision that addresses Government rights in
the computer software or documentation covered by this license. All copyright
licenses granted to the U.S. Government are coextensive with the technical data
and computer software licenses granted herein. The U.S. Government will only
have the right to reproduce, distribute, perform, display, and prepare derivative
works as needed to implement those rights.

10. APPLICABLE LAWS: All disputes arising out of or related to this Agreement,
whether based on contract, tort, or any other legal or equitable theory, will
in all respects be governed by, and construed and interpreted under, the laws
of the United States of America and the State of Delaware, without reference
to conflict of laws principles. The parties agree that the United Nations Convention
on Contracts for the International Sale of Goods (1980) is specifically excluded
from and will not apply to this Agreement. All disputes arising out of or related
to this Agreement, whether based on contract, tort, or any other legal or equitable
theory, will be subject to the exclusive jurisdiction of the courts of the State
of Delaware or of the Federal courts sitting in that State. Each party submits
to the personal jurisdiction of those courts and waives all objections to that
jurisdiction and venue for those disputes.

11. SEVERABILITY: The parties intend that if a court holds that any provision
or part of this Agreement is invalid or unenforceable under applicable law,
the court will modify the provision to the minimum extent necessary to make
it valid and enforceable, or if it cannot be made valid and enforceable, the
parties intend that the court will sever and delete the provision or part from
this Agreement. Any change to or deletion of a provision or part of this Agreement
under this Section will not affect the validity or enforceability of the remainder
of this Agreement, which will continue in full force and effect.

12. EXPORT: You must comply with all laws and regulations of the United States
and other countries governing the export, re-export, import, transfer, distribution,
use, and servicing of Software. In particular, You must not: (a) sell or transfer
Software to a country subject to sanctions, or to any entity listed on a denial
order published by the United States government or any other relevant government;
or (b) use, sell, or transfer Software for the development, design, manufacture,
or production of nuclear, missile, chemical or biological weapons, or for any
other purpose prohibited by the United States government or other applicable
government; without first obtaining all authorizations required by all applicable
laws. For more details on Your export obligations, please visit http://www.intel.com/content/www/us/en/legal/export-compliance.html.

13. ENTIRE AGREEMENT: This Agreement contains the complete and exclusive agreement
and understanding between the parties concerning the subject matter of this
Agreement, and supersedes all prior and contemporaneous proposals, agreements,
understanding, negotiations, representations, warranties, conditions, and communications,
oral or written, between the parties relating to the same subject matter. No
modification or amendment to this Agreement will be effective unless in writing
and signed by authorized representatives of each party, and must specifically
identify this Agreement.