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authorThomas Deutschmann <whissi@gentoo.org>2018-08-24 21:37:57 +0200
committerThomas Deutschmann <whissi@gentoo.org>2018-08-24 21:39:02 +0200
commitae3e80b78298b0d890e35236b73488f47312f72c (patch)
treede6df98ce27983935dea3a8e57b4bcffcedb8639 /licenses
parentsys-firmware/intel-microcode: amd64 & x86 stable (diff)
downloadgentoo-ae3e80b78298b0d890e35236b73488f47312f72c.tar.gz
gentoo-ae3e80b78298b0d890e35236b73488f47312f72c.tar.bz2
gentoo-ae3e80b78298b0d890e35236b73488f47312f72c.zip
sys-firmware/intel-microcode: drop old
Package-Manager: Portage-2.3.48, Repoman-2.3.10
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-SOFTWARE LICENSE AGREEMENT
-
-DO NOT DOWNLOAD, INSTALL, ACCESS, COPY, OR USE ANY PORTION OF THE SOFTWARE
-UNTIL YOU HAVE READ AND ACCEPTED THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY
-INSTALLING, COPYING, 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, copy, or use the
-Software and destroy all copies of the Software in Your possession.
-
-This SOFTWARE LICENSE AGREEMENT (this "Agreement") is entered into between
-Intel Corporation, a Delaware corporation ("Intel") and You. "You" refers to
-you or your employer or other entity for whose benefit you act, as applicable.
-If you are agreeing to the terms and conditions of this Agreement on behalf of
-a company or other 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" shall be in reference to such entity. Intel and You are
-referred to herein individually as a "Party" or, together, as the "Parties".
-The Parties, in consideration of the mutual covenants contained in this
-Agreement, and for other good and valuable consideration, the receipt and
-sufficiency of which they acknowledge, and intending to be legally bound, agree
-as follows:
-
-1. PURPOSE. You seek to obtain, and Intel desires to provide You, under the
-terms of this Agreement, Software solely for Your efforts to develop and
-distribute products integrating Intel hardware and Intel software. "Software"
-refers to certain software or other collateral, including, but not limited to,
-related components, operating system, application program interfaces, device
-drivers, associated media, printed or electronic documentation and any updates,
-upgrades or releases thereto associated with Intel product(s), software or
-service(s). "Intel-based product" refers to a device that includes,
-incorporates, or implements Intel product(s), software or service(s).
-
-2. LIMITED LICENSE. Conditioned on Your compliance with the terms and
-conditions of this Agreement, Intel grants to You a limited, nonexclusive,
-nontransferable, revocable, worldwide, fully paid-up license during the term of
-this Agreement, without the right to sublicense, under Intel's copyrights
-(subject to any third party licensing requirements), to (i) reproduce the
-Software only for Your own internal evaluation, testing, validation, and
-development of Intel-based products and any associated maintenance thereof;
-(ii) reproduce, display, and publicly perform an object code representation of
-the Software, only when integrated with and executed by an Intel-based product,
-subject to any third party licensing requirements; and (iii) distribute an
-object code representation of the Software, provided by Intel, through multiple
-levels of distribution, solely as embedded in or for execution on an
-Intel-based product and subject to these license terms, and if to an end user,
-pursuant to a license agreement with terms and conditions at least as
-restrictive as those contained in the Intel End User Software License Agreement
-in Appendix A hereto.
-
-If You are not the final manufacturer or vendor of an Intel-based product
-incorporating or designed to incorporate the Software, You may transfer a copy
-of the Software to Your Original Equipment Manufacturer (OEM), Original Device
-Manufacturer (ODM), distributors, or system integration partners ("Your
-Partner") for use in accordance with the terms and conditions of this
-Agreement, provided Your Partner agrees to be fully bound by the terms hereof
-and provided that You will remain fully liable to Intel for the actions and
-inactions of Your Partner(s).
-
-3. LICENSE RESTRICTIONS. All right, title and interest in and to the Software
-and associated documentation are and will remain the exclusive property of
-Intel and its licensors or suppliers. Unless expressly permitted under the
-Agreement, You will not, and will not allow any third party to (i) use, copy,
-distribute, sell or offer to sell the Software or associated documentation;
-(ii) modify, adapt, enhance, disassemble, decompile, reverse engineer, change
-or create derivative works from the Software except and only to the extent as
-specifically required by mandatory applicable laws or any applicable third
-party license terms accompanying the Software; (iii) use or make the Software
-available for the use or benefit of third parties; or (iv) use the Software on
-Your products other than those that include the Intel hardware product(s),
-platform(s), or software identified in the Software; or (v) publish or provide
-any Software benchmark or comparison test results. You acknowledge that an
-essential basis of the bargain in this Agreement is that Intel grants You no
-licenses or other rights including, but not limited to, patent, copyright,
-trade secret, trademark, trade name, service mark or other intellectual
-property licenses or rights with respect to the Software and associated
-documentation, by implication, estoppel or otherwise, except for the licenses
-expressly granted above. You acknowledge there are significant uses of the
-Software in its original, unmodified and uncombined form. You may not remove
-any copyright notices from the Software.
-
-4. LICENSE TO FEEDBACK. This Agreement does not obligate You to provide Intel
-with materials, information, comments, suggestions, or other communication
-regarding the features, functions, performance or use of the Software
-("Feedback"). If any portion of the Software is provided or otherwise made
-available by Intel in source code form, to the extent You provide Intel with
-Feedback in a tangible form, You grant to Intel and its affiliates a
-non-exclusive, perpetual, sublicenseable, irrevocable, worldwide, royalty-free,
-fully paid-up and transferable license, to and under all of Your intellectual
-property rights, whether perfected or not, to publicly perform, publicly
-display, reproduce, use, make, have made, sell, offer for sale, distribute,
-import, create derivative works of and otherwise exploit any comments,
-suggestions, descriptions, ideas, Your Derivatives or other feedback regarding
-the Software provided by You or on Your behalf.
-
-5. OPEN SOURCE STATEMENT. The Software may include Open Source Software (OSS)
-licensed pursuant to OSS license agreement(s) identified in the OSS comments in
-the applicable source code file(s) or file header(s) provided with or otherwise
-associated with the Software. Neither You nor any OEM, ODM, customer, or
-distributor may subject any proprietary portion of the Software to any OSS
-license obligations including, without limitation, combining or distributing
-the Software with OSS in a manner that subjects Intel, the Software or any
-portion thereof to any OSS license obligation. Nothing in this Agreement limits
-any rights under, or grants rights that supersede, the terms of any applicable
-OSS license.
-
-6. THIRD PARTY SOFTWARE. Certain third party software provided with or within
-the Software may only be used (a) upon securing a license directly from the
-owner of the software or (b) in combination with hardware components purchased
-from such third party and (c) subject to further license limitations by the
-software owner. A listing of any such third party limitations is in one or more
-text files accompanying the Software. You acknowledge Intel is not providing
-You with a license to such third party software and further that it is Your
-responsibility to obtain appropriate licenses from such third parties directly.
-
-7. CONFIDENTIALITY. The terms and conditions of this Agreement, exchanged
-confidential information, as well as the Software are subject to the terms and
-conditions of the Non-Disclosure Agreement(s) or Intel Pre-Release Loan
-Agreement(s) (referred to herein collectively or individually as "NDA") entered
-into by and in force between Intel and You, and in any case no less
-confidentiality protection than You apply to Your information of similar
-sensitivity. If You would like to have a contractor perform work on Your behalf
-that requires any access to or use of Software, You must obtain a written
-confidentiality agreement from the contractor which contains terms and
-conditions with respect to access to or use of Software no less restrictive
-than those set forth in this Agreement, excluding any distribution rights and
-use for any other purpose, and You will remain fully liable to Intel for the
-actions and inactions of those contractors. You may not use Intel's name in any
-publications, advertisements, or other announcements without Intel's prior
-written consent.
-
-8. NO OBLIGATION; NO AGENCY. Intel may make changes to the Software, or items
-referenced therein, at any time without notice. Intel is not obligated to
-support, update, provide training for, or develop any further version of the
-Software or to grant any license thereto. No agency, franchise, partnership,
-joint-venture, or employee-employer relationship is intended or created by this
-Agreement.
-
-9. EXCLUSION OF WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY
-EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF
-MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Intel
-does not warrant or assume responsibility for the accuracy or completeness of
-any information, text, graphics, links or other items within the Software.
-
-10. LIMITATION OF LIABILITY. IN NO EVENT WILL INTEL OR ITS AFFILIATES,
-LICENSORS OR SUPPLIERS (INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS,
-EMPLOYEES, AND AGENTS) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
-LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST DATA) ARISING OUT OF
-OR IN RELATION TO THIS AGREEMENT, INCLUDING THE USE OF OR INABILITY TO USE THE
-SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED
-WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY
-IN PART NOT APPLY TO YOU. THE SOFTWARE LICENSED HEREUNDER IS NOT DESIGNED OR
-INTENDED FOR USE IN ANY MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS,
-TRANSPORTATION SYSTEMS, NUCLEAR SYSTEMS, OR FOR ANY OTHER MISSION CRITICAL
-APPLICATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO PERSONAL INJURY
-OR DEATH. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO
-JURISDICTION. THE LIMITED REMEDIES, WARRANTY DISCLAIMER AND LIMITED LIABILITY
-ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTEL AND YOU. YOU
-ACKNOWLEDGE INTEL WOULD BE UNABLE TO PROVIDE THE SOFTWARE WITHOUT SUCH
-LIMITATIONS. YOU WILL INDEMNIFY AND HOLD INTEL AND ITS AFFILIATES, LICENSORS
-AND SUPPLIERS (INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND
-AGENTS) HARMLESS AGAINST ALL CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES, AND
-EXPENSES (INCLUDING REASONABLE ATTORNEY FEES), ARISING OUT OF, DIRECTLY OR
-INDIRECTLY, THE DISTRIBUTION OF THE SOFTWARE AND ANY CLAIM OF PRODUCT
-LIABILITY, PERSONAL INJURY OR DEATH ASSOCIATED WITH ANY UNINTENDED USE, EVEN IF
-SUCH CLAIM ALLEGES THAT INTEL OR AN INTEL AFFILIATE, LICENSORS OR SUPPLIER WAS
-NEGLIGENT REGARDING THE DESIGN OR MANUFACTURE OF THE SOFTWARE.
-
-11. TERMINATION AND SURVIVAL. Intel may terminate this Agreement for any reason
-with thirty (30) days' notice and immediately if You or someone acting on Your
-behalf or at Your behest violates any of its terms or conditions. Upon
-termination, You will immediately destroy and ensure the destruction of the
-Software or return all copies of the Software to Intel (including providing
-certification of such destruction or return back to Intel). Upon termination of
-this Agreement, all licenses granted to You hereunder terminate immediately.
-All Sections of this Agreement, except Section 2, will survive termination.
-
-12. GOVERNING LAW AND JURISDICTION. This Agreement and any dispute arising out
-of or relating to it will be governed by the laws of the U.S.A. and Delaware,
-without regard to conflict of laws principles. The Parties exclude the
-application of the United Nations Convention on Contracts for the International
-Sale of Goods (1980). The state and federal courts sitting in Delaware, U.S.A.
-will have exclusive jurisdiction over any dispute arising out of or relating to
-this Agreement. The Parties consent to personal jurisdiction and venue in those
-courts. A Party that obtains a judgment against the other Party in the courts
-identified in this section may enforce that judgment in any court that has
-jurisdiction over the Parties.
-
-13. EXPORT REGULATIONS/EXPORT CONTROL. You agree that neither You nor Your
-subsidiaries will export/re-export the Software, directly or indirectly, to any
-country for which the U.S. Department of Commerce or any other agency or
-department of the U.S. Government or the foreign government from where it is
-shipping requires an export license, or other governmental approval, without
-first obtaining any such required license or approval. In the event the
-Software is exported from the U.S.A. or re-exported from a foreign destination
-by You or Your subsidiary, You will ensure that the distribution and
-export/re-export or import of the Software complies with all laws, regulations,
-orders, or other restrictions of the U.S. Export Administration Regulations and
-the appropriate foreign government.
-
-14. GOVERNMENT RESTRICTED RIGHTS. The Software is a commercial item (as defined
-in 48 C.F.R. 2.101) consisting of commercial computer software and commercial
-computer software documentation (as those terms are used in 48 C.F.R. 12.212).
-Consistent with 48 C.F.R. 12.212 and 48 C.F.R 227.7202-1 through 227.7202-4,
-You will not provide the Software to the U.S. Government. Contractor or
-Manufacturer is Intel Corporation, 2200 Mission College Blvd., Santa Clara, CA
-95054.
-
-15. ASSIGNMENT. You may not delegate, assign or transfer this Agreement, the
-license(s) granted or any of Your rights or duties hereunder, expressly, by
-implication, by operation of law, or otherwise and any attempt to do so,
-without Intel's express prior written consent, will be null and void. Intel may
-assign, delegate and transfer this Agreement, and its rights and obligations
-hereunder, in its sole discretion.
-
-16. ENTIRE AGREEMENT; SEVERABILITY. The terms and conditions of this Agreement
-and any NDA with Intel constitute the entire agreement between the parties with
-respect to the subject matter hereof, and merge and supersede all prior or
-contemporaneous agreements, understandings, negotiations and discussions.
-Neither Party will be bound by any terms, conditions, definitions, warranties,
-understandings, or representations with respect to the subject matter hereof
-other than as expressly provided herein. In the event any provision of this
-Agreement is unenforceable or invalid under any applicable law or applicable
-court decision, such unenforceability or invalidity will not render this
-Agreement unenforceable or invalid as a whole, instead such provision will be
-changed and interpreted so as to best accomplish the objectives of such
-provision within legal limits.
-
-17. WAIVER. The failure of a Party to require performance by the other Party of
-any provision hereof will not affect the full right to require such performance
-at any time thereafter; nor will waiver by a Party of a breach of any provision
-hereof constitute a waiver of the provision itself.
-
-18. PRIVACY. YOUR PRIVACY RIGHTS ARE SET FORTH IN INTEL'S PRIVACY NOTICE, WHICH
-FORMS A PART OF THIS AGREEMENT. PLEASE REVIEW THE PRIVACY NOTICE AT
-HTTP://WWW.INTEL.COM/PRIVACY TO LEARN HOW INTEL COLLECTS, USES AND SHARES
-INFORMATION ABOUT YOU.
-
-APPENDIX A
-INTEL END USER SOFTWARE LICENSE AGREEMENT
-
-IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
-THE FOLLOWING NOTICE, OR TERMS AND CONDITIONS SUBSTANTIALLY IDENTICAL IN NATURE
-AND EFFECT, MUST APPEAR IN THE DOCUMENTATION ASSOCIATED WITH THE INTEL-BASED
-PRODUCT INTO WHICH THE SOFTWARE IS INSTALLED. MINIMALLY, SUCH NOTICE MUST
-APPEAR IN THE USER GUIDE FOR THE PRODUCT. THE TERM "LICENSEE" IN THIS TEXT
-REFERS TO THE END USER OF THE PRODUCT.
-
-LICENSE. Licensee has a license under Intel's copyrights to reproduce Intel's
-Software only in its unmodified and binary form, (with the accompanying
-documentation, the "Software") for Licensee's personal use only, and not
-commercial use, in connection with Intel-based products for which the Software
-has been provided, subject to the following conditions:
-(a) Licensee may not disclose, distribute or transfer any part of the
-Software, and You agree to prevent unauthorized copying of the Software.
-(b) Licensee may not reverse engineer, decompile, or disassemble the
-Software.
-(c) Licensee may not sublicense the Software.
-(d) The Software may contain the software and other intellectual property
-of third party suppliers, some of which may be identified in, and licensed in
-accordance with, an enclosed license.txt file or other text or file.
-(e) Intel has no obligation to provide any support, technical assistance or
-updates for the Software.
-
-OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software
-remains with Intel or its licensors or suppliers. The Software is copyrighted
-and protected by the laws of the United States and other countries, and
-international treaty provisions. Licensee may not remove any copyright notices
-from the Software. Except as otherwise expressly provided above, Intel grants
-no express or implied right under Intel patents, copyrights, trademarks, or
-other intellectual property rights. Transfer of the license terminates
-Licensee's right to use the Software.
-DISCLAIMER OF WARRANTY. The Software is provided "AS IS" without warranty of
-any kind, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES
-OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
-
-LIMITATION OF LIABILITY. NEITHER INTEL NOR ITS LICENSORS OR SUPPLIERS WILL BE
-LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR
-INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER
-UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF INTEL HAS BEEN ADVISED OF THE
-POSSIBILITY OF SUCH DAMAGES.
-
-LICENSE TO USE COMMENTS AND SUGGESTIONS. This Agreement does NOT obligate
-Licensee to provide Intel with comments or suggestions regarding the Software.
-However, if Licensee provides Intel with comments or suggestions for the
-modification, correction, improvement or enhancement of (a) the Software or (b)
-Intel products or processes that work with the Software, Licensee grants to
-Intel a non-exclusive, worldwide, perpetual, irrevocable, transferable,
-royalty-free license, with the right to sublicense, under Licensee's
-intellectual property rights, to incorporate or otherwise utilize those
-comments and suggestions.
-
-TERMINATION OF THIS LICENSE. Intel or the sublicensor may terminate this
-license at any time if Licensee is in breach of any of its terms or conditions.
-Upon termination, Licensee will immediately destroy or return to Intel all
-copies of the Software.
-THIRD PARTY BENEFICIARY. Intel is an intended beneficiary of the End User
-License Agreement and has the right to enforce all of its terms.
-
-U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is a commercial item (as
-defined in 48 C.F.R. 2.101) consisting of commercial computer software and
-commercial computer software documentation (as those terms are used in 48
-C.F.R. 12.212), consistent with 48 C.F.R. 12.212 and 48 C.F.R 227.7202-1
-through 227.7202-4. You will not provide the Software to the U.S. Government.
-Contractor or Manufacturer is Intel Corporation, 2200 Mission College Blvd.,
-Santa Clara, CA 95054.
-
-EXPORT LAWS. Licensee agrees that neither Licensee nor Licensee's subsidiaries
-will export/re-export the Software, directly or indirectly, to any country for
-which the U.S. Department of Commerce or any other agency or department of the
-U.S. Government or the foreign government from where it is shipping requires an
-export license, or other governmental approval, without first obtaining any
-such required license or approval. In the event the Software is exported from
-the U.S.A. or re-exported from a foreign destination by Licensee, Licensee will
-ensure that the distribution and export/re-export or import of the Software
-complies with all laws, regulations, orders, or other restrictions of the U.S.
-Export Administration Regulations and the appropriate foreign government.
-
-APPLICABLE LAWS. This Agreement and any dispute arising out of or relating to
-it will be governed by the laws of the U.S.A. and Delaware, without regard to
-conflict of laws principles. The Parties to this Agreement exclude the
-application of the United Nations Convention on Contracts for the International
-Sale of Goods (1980). The state and federal courts sitting in Delaware, U.S.A.
-will have exclusive jurisdiction over any dispute arising out of or relating to
-this Agreement. The Parties consent to personal jurisdiction and venue in those
-courts. A Party that obtains a judgment against the other Party in the courts
-identified in this section may enforce that judgment in any court that has
-jurisdiction over the Parties.
-
-Licensee's specific rights may vary from country to country.
-