The Design and Implementation of the FreeBSD Operating System, Second Edition
Now available: The Design and Implementation of the FreeBSD Operating System (Second Edition)


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    1                              TERMS AND CONDITIONS
    2     IMPORTANT - PLEASE READ BEFORE INSTALLING OR USING THIS INTEL(C) SOFTWARE
    3 
    4 Do not use or load this firmware (the "Software") until you have carefully read
    5 the following terms and conditions. By loading or using the Software, you agree
    6 to the terms of this Agreement. If you do not wish to so agree, do not install
    7 or use the Software.
    8 
    9 LICENSEES:
   10 
   11 Please note: 
   12 
   13 * If you are an End-User, only Exhibit A, the SOFTWARE LICENSE AGREEMENT,
   14   applies.
   15 * If you are an Original Equipment Manufacturer (OEM), Independent Hardware
   16   Vendor (IHV), or Independent Software Vendor (ISV), this complete Agreement
   17   applies 
   18 
   19 --------------------------------------------------------------------------------
   20 
   21 For OEMs, IHVs, and ISVs:
   22 
   23 LICENSE. This Software is licensed for use only in conjunction with Intel
   24 component products. Use of the Software in conjunction with non-Intel component
   25 products is not licensed hereunder. Subject to the terms of this Agreement,
   26 Intel grants to you a nonexclusive, nontransferable, worldwide, fully paid-up
   27 license under Intel's copyrights to: (i) copy the Software internally for your
   28 own development and maintenance purposes; (ii) copy and distribute the Software
   29 to your end-users, but only under a license agreement with terms at least as
   30 restrictive as those contained in Intel's Final, Single User License Agreement,
   31 attached as Exhibit A; and (iii) modify, copy and distribute the end-user
   32 documentation which may accompany the Software, but only in association with
   33 the Software.  
   34 
   35 If you are not the final manufacturer or vendor of a computer system or software
   36 program incorporating the Software, then you may transfer a copy of the
   37 Software, including any related documentation (modified or unmodified) to your
   38 recipient for use in accordance with the terms of this Agreement, provided such
   39 recipient agrees to be fully bound by the terms hereof. You shall not otherwise
   40 assign, sublicense, lease, or in any other way transfer or disclose Software to
   41 any third party. You may not, nor may you assist any other person or entity to
   42 modify, translate, convert to another programming language, decompile, reverse
   43 engineer, or disassemble any portion of the Software or otherwise attempt to
   44 derive source code from any object code modules of the Software or any internal
   45 data files generated by the Software. Your rights to redistribute the Software
   46 shall be contingent upon your installation of this Agreement in its entirety in
   47 the same directory as the Software.
   48 
   49 CONTRACTORS. For the purpose of this Agreement, and notwithstanding anything 
   50 to the contrary hereunder, solely with respect to the requirements for 
   51 compliance with the terms hereunder, any contractors or consultants that You 
   52 use to perform the work or otherwise assist You in the development or products 
   53 using this Software shall be deemed to be End Users and accordingly, upon 
   54 receipt of the Software, shall be bound by the terms of Exhibit A, Software 
   55 License Agreement. No additional agreement between You and such consultants or 
   56 contractors is required under this Agreement to detail such compliance.
   57 
   58 TRADEMARKS. Except as expressly provided herein, you shall not use Intel's 
   59 name in any publications, advertisements, or other announcements without 
   60 Intel's prior written consent. You do not have any rights to use any Intel 
   61 trademarks or logos.
   62 
   63 OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Software and accompanying materials, if
   64 any, are owned by Intel or its suppliers and licensors and may be protected by
   65 copyright, trademark, patent and trade secret law and international treaties. 
   66 Any rights, express or implied, in the intellectual property embodied in the
   67 foregoing, other than those specified in this Agreement, are reserved by Intel
   68 and its suppliers and licensors or otherwise as set forth in any applicable
   69 open source license agreement. You will keep the Software free of liens,
   70 attachments, and other encumbrances.  You agree not to remove any proprietary
   71 notices and/or any labels from the Software and accompanying materials without
   72 prior written approval by Intel
   73 
   74 LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS AND LICENSORS
   75 BE LIABLE FOR ANY DAMAGES WHATSOEVER FROM ANY CAUSE OF ACTION OF ANY KIND
   76 (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST
   77 INFORMATION) ARISING OUT OF THE USE, MODIFICATION, OR INABILITY TO USE THE
   78 INTEL SOFTWARE, OR OTHERWISE, NOR FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR
   79 SPECIAL DAMAGES OF ANY KIND, EVEN IF INTEL OR ITS SUPPLIERS AND LICENSORS HAS
   80 BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   SOME JURISDICTIONS PROHIBIT
   81 EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES, CONSEQUENTIAL OR
   82 INCIDENTAL DAMAGES, SO CERTAIN LIMITATIONS MAY NOT APPLY.  YOU MAY ALSO HAVE
   83 OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. 
   84 
   85 EXCLUSION OF WARRANTIES.  THE SOFTWARE IS PROVIDED "AS IS" AND POSSIBLY WITH
   86 FAULTS. UNLESS EXPRESSLY AGREED OTHERWISE, INTEL AND ITS SUPPLIERS AND
   87 LICENSORS DISCLAIM ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED OR
   88 OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
   89 NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.  Intel does not warrant
   90 or assume responsibility for the accuracy or completeness of any information,
   91 text, graphics, links or other items contained within the Software.  You assume
   92 all liability, financial or otherwise, associated with Your use or disposition
   93 of the Software.
   94                 
   95 APPLICABLE LAW. Claims arising under this Agreement shall be governed by the
   96 laws of State of California], excluding its principles of conflict of laws and
   97 the United Nations Convention on Contracts for the Sale of Goods.  
   98 
   99 WAIVER AND AMENDMENT. No modification, amendment or waiver of any provision of
  100 this Agreement shall be effective unless in writing and signed by an officer of
  101 Intel.  No failure or delay in exercising any right, power, or remedy under
  102 this Agreement shall operate as a waiver of any such right, power or remedy. 
  103 Without limiting the foregoing, terms and conditions on any purchase orders or
  104 similar materials submitted by you to Intel, and any terms contained in Intel’s
  105 standard acknowledgment form that are in conflict with these terms, shall be of
  106 no force or effect.
  107 
  108 SEVERABILITY.  If any provision of this Agreement is held by a court of
  109 competent jurisdiction to be contrary to law, such provision shall be changed
  110 and interpreted so as to best accomplish the objectives of the original
  111 provision to the fullest extent allowed by law and the remaining provisions of
  112 this Agreement shall remain in full force and effect.
  113 
  114 EXPORT RESTRICTIONS.  Each party acknowledges that the Software is subject to
  115 applicable import and export regulations of the United States and of the
  116 countries in which each party transacts business, specifically including U.S.
  117 Export Administration Act and Export Administration Regulations.  Each party
  118 shall comply with such laws and regulations, as well as all other laws and
  119 regulations applicable to the Software.  Without limiting the generality of the
  120 foregoing, each party agrees that it will not export, re-export, transfer or
  121 divert any of the Software or the direct programs thereof to any restricted
  122 place or party in accordance with U.S. export regulations.  Note that Software
  123 containing encryption may be subject to additional restrictions.
  124 
  125 GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS."
  126 Use, duplication, or disclosure by the Government is subject to restrictions as
  127 set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or their successors. Use
  128 of the Software by the Government constitutes acknowledgment of Intel's
  129 proprietary rights therein. Contractor or Manufacturer is Intel Corporation,
  130 2200 Mission College Blvd., Santa Clara, CA  95052.
  131 
  132 TERMINATION OF THE AGREEMENT. Intel may terminate this Agreement if you violate
  133 its terms. Upon termination, you will immediately destroy the Software or
  134 return all copies of the Software to Intel.
  135 
  136 --------------------------------------------------------------------------------
  137 
  138 EXHIBIT "A"
  139 
  140 SOFTWARE LICENSE AGREEMENT (Final, Single User)
  141 
  142 IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
  143 
  144 Do not use or load this firmware image (the "Software") until you have carefully
  145 read the following terms and conditions. By loading or using the Software, you
  146 agree to the terms of this Agreement. If you do not wish to so agree, do not
  147 install or use the Software.
  148 
  149 LICENSE. You may copy and use the Software, subject to these conditions: 
  150 1. This Software is licensed for use only in conjunction with Intel component
  151    products. Use of the Software in conjunction with non-Intel component 
  152    products is not licensed hereunder. 
  153 2. You may not copy, modify, rent, sell, distribute or transfer any part of the
  154    Software except as provided in this Agreement, and you agree to prevent
  155    unauthorized copying of the Software. 
  156 3. You may not reverse engineer, decompile, or disassemble the Software. 
  157 4. You may not sublicense the Software. 
  158 5. The Software may contain the software or other property of third party
  159    suppliers. 
  160 
  161 OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software
  162 remains with Intel or its suppliers. The Software is copyrighted and protected
  163 by the laws of the United States and other countries, and international treaty
  164 provisions. You may not remove any copyright notices from the Software. Intel
  165 may make changes to the Software, or items referenced therein, at any time
  166 without notice, but is not obligated to support or update the Software. Except
  167 as otherwise expressly provided, Intel grants no express or implied right under
  168 Intel patents, copyrights, trademarks, or other intellectual property rights.
  169 You may transfer the Software only if a copy of this license accompanies the 
  170 Software and the recipient agrees to be fully bound by these terms.
  171 
  172 EXCLUSION OF OTHER WARRANTIES EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED
  173 "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING
  174 WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR
  175 PURPOSE. Intel does not warrant or assume responsibility for the accuracy or
  176 completeness of any information, text, graphics, links or other items contained
  177 within the Software.
  178 
  179 LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE FOR
  180 ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS
  181 INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO
  182 USE THE SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
  183 DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR
  184 IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
  185 LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY
  186 BETWEEN JURISDICTIONS.
  187 
  188 TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement at any time if
  189 you violate its terms. Upon termination, you will immediately destroy the
  190 Software.
  191 
  192 APPLICABLE LAWS. Claims arising under this Agreement shall be governed by the
  193 laws of California, excluding its principles of conflict of laws and the United
  194 Nations Convention on Contracts for the Sale of Goods. You may not export the
  195 Software in violation of applicable export laws and regulations. Intel is not
  196 obligated under any other agreements unless they are in writing and signed by
  197 an authorized representative 
  198 of Intel.
  199 
  200 GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS."
  201 Use, duplication, or disclosure by the Government is subject to restrictions as
  202 set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or their successors. Use
  203 of the Software by the Government constitutes acknowledgment of Intel's
  204 proprietary rights therein. Contractor or Manufacturer is Intel Corporation,
  205 2200 Mission College Blvd., Santa Clara, CA 95052.
  206 
  207 
  208 
  209                 
  210 

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