Intel AppUp(R) Client
END USER LICENSE AGREEMENT
Document Version: 2.2 – March 31, 2011
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
Do not copy, install, or use the Intel AppUp client provided under this license agreement (this “Agreement”) until you have carefully read the following terms and conditions. By downloading, installing, or using the Client, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not download, install, or use the Client.
These license terms are a legal agreement between you and Intel Corporation (“Intel”). This Agreement applies to any updates or new versions of the Client, unless the update includes separate terms.
DEFINITION:
- "Client" is defined as the Intel AppUp client software, documentation and other related materials, including any software plug-ins and any updates and upgrades, accompanying this Agreement and that are provided to you under this Agreement.
LICENSE: So long as you comply with the terms of this Agreement, you may install and use the Client on devices for your personal use. You may make a backup of the Client in machine-readable form; provided that the backup copy must include all copyright and other proprietary notices contained in the original. Title to the Client remains with Intel or its suppliers. The Client is non-exclusively licensed to you, not sold. This Agreement only gives you some rights to use the Client. Intel reserves all other rights. You must comply with any technical limitations in the Client that only allow you to use it in certain ways. Except as permitted under this Agreement or by applicable law, you may not:
- reverse engineer, decompile or disassemble any part of the Client, 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); or
- use, copy, modify, create derivative works, sublicense, rent, lease, lend, sell, distribute, publicly perform, publicly display or transfer any part of the Client except as provided in this Agreement, and you agree to prevent unauthorized copying of the Client; or
- use any part of the Client to try to gain unauthorized access to any data, account, network or other service by any means, or in any way that would harm or impair anyone else’s use thereof; or
- transfer or assign any part of the Client or this Agreement to any third party.
The Client 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 Client 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 Client. Except as expressly provided in this Agreement, no license or right is granted to you directly or by implication, inducement, estoppel or otherwise; specifically Intel does not grant any express or implied right to you under Intel patents, copyrights, trademarks, or trade secret information.
UNAUTHORIZED USE: THE CLIENT, INCLUDING APPLICATIONS THAT MAY USE THE CLIENT, ARE NOT DESIGNED, INTENDED, OR AUTHORIZED FOR USE IN ANY TYPE OF SYSTEM OR MANNER IN WHICH THE FAILURE OF THE CLIENT OR APPLICATION COULD CREATE A SITUATION WHERE ENVIRONMENTAL DAMAGE, PERSONAL INJURY OR DEATH MAY OCCUR (E.G MEDICAL SYSTEMS, LIFE SUSTAINING OR LIFE SAVING SYSTEMS). Should you use the Client or any related application for any such unintended or unauthorized use, you agree to indemnify and hold Intel and its officers, subsidiaries and affiliates harmless against all claims, costs, damages, and expenses, and reasonable attorney fees arising out of, directly or indirectly, any claim of product liability, personal injury or death associated with such unintended or unauthorized use, even if such claim alleges that Intel was negligent regarding the design or manufacture of the Client.
CONSENT. You agree that Intel, its subsidiaries or suppliers may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Client, and to verify compliance with the terms of this Agreement. Intel may use this information, and in the event of a Client program error or crash, may share it with other persons such as the supplier of such program, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. In the case of a Client program error or crash, the data collected may include technical details recorded at the time of the crash, which is available for your review prior to sharing with Intel.
NO SUPPORT SERVICES. Neither Intel, the manufacturer of your device, nor your internet service provider are responsible for providing support services for the Client. Contact Intel to determine if any support services are provided. Intel may make changes to the Client, at any time without notice, but is not obligated to support or update the Client.
UPDATES. The Client may automatically download and install updates from time to time from Intel. These updates are designed to improve, enhance and further develop the Services (defined below) and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree that Intel may deliver such updates to you as part of your use of the Services.
SERVICES AND OTHER REQUIREMENTS. The Client allows and enables you to access an online marketplace which offers downloads of applications and possibly other services (collectively, the “Services”). Full use of the Services and the download of applications requires Internet access and your agreement to additional terms of service in order to establish a user account and use the Services. By installing and using the Client you agree to the latest terms and conditions associated with use of the Client and the Services. Certain of the Services, and the applications available for download, may include third party software or materials. Intel does not provide any warranty, assume any liability or otherwise endorse any such third party software or materials and is not liable for them. Intel does not assume any responsibility for any such third party software or materials, including any software or materials you may find objectionable. Third party software or materials may also include intellectual property rights of third parties and Intel does not purport to provide any licenses or other rights in such software or materials pursuant to this Agreement. Your use of any such third party software or materials may require a separate license, agreement or consideration. In connection with Intel’s providing of the Client and Services associated therewith, Intel reserves all rights to remove, suspend, disable, change or otherwise modify access to the Services and third party software or materials accessed through use of the Client and the Services at any time, without notice.
EXCLUSION OF WARRANTIES. THE CLIENT AND ALL SERVICES PROVIDED IN CONNECTION THEREWITH ARE PROVIDED "AS IS" AND WITH ALL FAULTS. YOU ASSUME AND BEAR ALL RISKS ASSOCIATED WITH THE DOWNLOAD, INSTALLATION AND USE OF THE CLIENT AND THE SERVICES. INTEL PROVIDES NO WARRANTY OF ANY KIND WITH RESPECT TO THE CLIENT OR SERVICES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OTHERWISE ARISING OUT OF ANY PROPOSAL, SPECIFICATION OR SAMPLE. Intel does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Client or associated with the Services. Intel does not warrant that your use of the Client or Services will be uninterrupted or error-free, nor that defects in the Client or Services will be corrected. You may have additional consumer rights under local laws in your jurisdiction which this agreement cannot change.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, WHETHER ARISING FROM LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OR CORRUPTION OF DATA, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, IRRESPECTIVE OF THE THEORY OF LIABILITY, REGARDLESS 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 SUM OF FIVE UNITED STATES DOLLARS ($5.00).
THE WARRANTY DISCLAIMER AND LIMITATIONS ON LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTEL AND YOU. INTEL WOULD NOT BE ABLE TO PROVIDE THE CLIENT OR THE SERVICES 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. This Agreement becomes effective on the date you accept it and will continue until terminated as provided for in this Agreement. Intel may terminate this Agreement at any time if you violate its terms. Upon termination, you will immediately delete the Client and cease using the Client and all copies of the Client.
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 subsidiaries shall not import, export, reexport, 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.
U.S.GOVERNMENT RIGHTS: The Client is a “Commercial Item” as that term is defined at FAR 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in FAR 12.212 and FAR 227.7202. Consistent with these regulations, the Client is being licensed to United States Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Use of the Client by the United States Government constitutes acknowledgment and agreement to abide by these terms and conditions.
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. You may not export the Client in violation of applicable export laws and regulations. Intel is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Intel.
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