TERMS AND CONDITIONS FOR INTEL(r) PRE-RELEASE PRODUCTS

These terms apply to Intel(r) pre-release products, including evaluation, development or reference hardware and/or software products (collectively, "Pre-Release Products").  By signing below, you indicate your acceptance of these terms, which constitute the agreement (the "Agreement") between you and Intel Corporation  ("Intel").  In the event that you do not agree with any of these terms and conditions, do not use or install the Pre-Release Product and promptly return it unused to Intel.

SCOPE OF USE.  You may use the Pre-Release Product solely for the purposes of evaluating Intel's Pre-Release Products and developing product(s) incorporating one or more Intel products.  You agree that you will not offer for sale, sell, transfer or distribute the Pre-Release Product to any third party (including, without limitation, any end customers, resellers or distributors of your products).  The Pre-Release Product may not be resold or used for any other purposes whatsoever.  

DEVELOPMENT PLATFORM.  You understand that the Pre-Release Product is still under development by Intel and/or Intel's suppliers.  It may not be fully tested, lack regulatory approvals, and contain bugs or errors.  Accordingly, you agree that the Pre-Release Product is not suitable for commercial release in its current state.  Intel is not under any obligation to develop and/or release or offer for sale or license a final product based upon either the Pre-Release Product or any development platform related thereto and may unilaterally elect to abandon the Pre-Release Product or any such development platform at any time and without any obligation or liability whatsoever to you.

LICENSE.  If software is included as part of the Pre-Release Product ("Pre-Release Software"), Intel grants you a non-exclusive, non-transferable, limited copyright license to use the Pre-Release Software solely for the purposes stated above.  Any third party software shall be governed by the terms of this Agreement; provided, however, that any open source software modules shall be governed solely in accordance with the terms of the accompanying open source software license agreement.  You may not separate the Pre-Release Software from the Pre-Release Product, nor may you copy, distribute, reproduce, use, sublicense or allow access to the Pre-Release Software unless expressly agreed to in writing by an authorized representative of Intel. You may not, nor may you assist any other person or entity to, modify, translate, convert to another programming language, decompile, reverse engineer, or disassemble any portion of the Pre-Release Software or otherwise attempt to derive source code from the Pre-Release Software or any internal data files generated by the Pre-Release Software.  Under no circumstances may you incorporate any open source software or otherwise make such open source software part of the Pre-Release Software.

FEES.  A Loan Fee may be charged for access to and use of the Pre-Release Product.  You acknowledge that this fee reflects Intel's actual cost of providing you with access to the Pre-Release Product and does not represent a purchase price.  All fees are due and payable no later than thirty (30) days from the date of Intel's invoice.  

OWNERSHIP. All right, title and interest in the intellectual property embodied in the Pre-Release Product, Pre-Release Software and accompanying materials, if any, are owned by Intel or its suppliers and licensors and may be protected by copyright, trademark, patent and trade secret law and international treaties.  Any rights, express or implied, in the intellectual property embodied in the foregoing, other than those specified in this Agreement, are reserved by Intel and its suppliers and licensors.  Nothing in this Agreement shall constitute a license of all or any part of the Pre-Release Product or of any right to sell, make, or have made the Pre-Release Product.  You will keep the Pre-Release Product free of liens, attachments, and other encumbrances.  You agree not to remove any proprietary notices and/or any labels from the Pre-Release Product and accompanying materials, if any (including but not limited to the engineering sample label), without prior written approval by Intel.  

RESTRICTION ON MOVEMENT. You shall not lease, sublease, sell, rent, assign, or otherwise transfer, distribute or dispose of the Pre-Release Product and any accompanying materials.  You shall not remove, move, or relocate the Pre-Release Product, including any accompanying material, from its "Ship To Location" without prior written approval from Intel. 

RISK OF LOSS. Risk of loss or damage to the Pre-Release Product is transferred to you immediately upon delivery of the Pre-Release Product to you.  

CONFIDENTIALITY.  The Pre-Release Product, including the Pre-Release Software, contains confidential and/or proprietary information of Intel and is subject to the Corporate Nondisclosure Agreement (CNDA) between you and Intel. Accordingly, you agree that you will not, nor will you authorize or permit any third party to, distribute, transfer, assign, sublicense, or otherwise disclose to any third party the Pre-Release Product or any part thereof or any other confidential or proprietary information of Intel provided in connection herewith, except as otherwise expressly provided in this Agreement.  
Without limiting the above, you may disclose engineering samples (excluding evaluation boards and evaluation systems) that are included in the Pre-Release Product to third-party consultants or subcontractors ("Contractors") who agree to be bound by written non-disclosure terms that are no less restrictive than those set forth in this Agreement and the CNDA, provided that you will be liable for any breach of those terms by such Contractors.

FEEDBACK.  To assist Intel in identifying problems with and making improvements to the Pre-Release Product, Intel invites your feedback concerning any improvements, modifications, additional functionality, bugs, errors or other problems discovered during the course of your evaluation or use of the Pre-Release Product.  Intel shall have unrestricted rights to use such feedback to improve or modify the Pre-Release Product.

EXCLUSION OF WARRANTIES.  THE PRE-RELEASE PRODUCT IS NON-QUALIFIED AND, AS SUCH, IS PROVIDED "AS IS" AND POSSIBLY WITH FAULTS.  UNLESS EXPRESSLY AGREED OTHERWISE, INTEL DISCLAIMS ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE 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 contained within the Pre-Release Software.  You assume all liability, financial or otherwise, associated with the use, distribution or other disposition of the Pre-Release Product.

NO CERTIFICATIONS. Regulatory approvals for the Pre-Release Product (such as UL or FCC) have not been obtained, and the Pre-Release Product may therefore not be certified for use in certain countries.

CHANGE, CANCELLATION.  The Pre-Release Product contains "alpha" or "beta" designated pre-release features, which may not be fully functional and which Intel may substantially modify in producing any "Pre-Release Production-level" version of the Pre-Release Product.  Intel can provide no assurance that it will ever produce or make generally available a "production-level" version of the Pre-Release Product.

LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRE-RELEASE PRODUCT NOR FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

TERMINATION, DUTY TO RETURN. Unless otherwise agreed by Intel, upon expiration or other termination of this Agreement, you will immediately return the Pre-Release Product and all copies of the Pre-Release Software to Intel.  Intel reserves the right to repossess any Pre-Release Product not timely returned or to charge a fee for failure to return.
 
APPLICABLE LAW. Claims arising under this Agreement shall be governed by the laws of Delaware, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods.  

ASSIGNMENT.  Neither this Agreement nor any rights or obligations hereunder may be assigned or delegated (whether by operation of law or otherwise) by you without Intel's prior written consent.
WAIVER AND AMENDMENT.  No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by an officer of Intel.  No failure or delay in exercising any right, power, or remedy under this Agreement shall operate as a waiver of any such right, power or remedy.  Without limiting the foregoing, terms and conditions on any purchase orders or similar materials submitted by you to Intel, and any terms contained in Intel's standard acknowledgment form that are in conflict with these terms, shall be of no force or effect.
SEVERABILITY.  If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.
EXPORT RESTRICTIONS.  You acknowledge that the Pre-Release Product is subject to applicable import and export regulations of the United States and of the countries in which you transact business, specifically including U.S. Export Administration Act and Export Administration Regulations.  You shall comply with such laws and regulations, as well as all other laws and regulations applicable to the Pre-Release Product.  Without limiting the generality of the foregoing, you agree that you will not export, re-export, transfer or divert any of the Pre-Release Product or the direct Pre-Release Product thereof to any restricted place or party in accordance with U.S. export regulations.  Note that Pre-Release Product containing encryption may be subject to additional restrictions.
THIRD PARTY SOFTWARE.  Third party software (e.g. - drivers, utilities, operating system components, etc.) which may be distributed with the Software hereunder will also be subject to the terms and conditions of any third party licenses which may be supplied with such third party software or in the end user documentation, and installation, use and/or further distribution by You or your licensee will be subject to such third party licenses.  Some third party software and some of the Software components may be subject to open source license provisions, and installation, use and/or further distribution by You or your licensee of such third party software and Software components are subject to the respective open source license under which it is provided.  Please see below for additional third party license information related to certain third party software.  Intel expressly disclaims liability of any kind with respect to installation, use or distribution by You of third party software.

ADDITIONAL SOFTWARE NOTICES.

The AGP GART Linux kernel patch files, named "agpgart.patch-XXX", where XXX is the associated kernel version, included with this Software are not subject to the terms of this Agreement but are subject to the "GNU General Public License Version 2", which may be obtained at the following web site: http://www.gnu.org/licenses/gpl.txt

The 3DLABS files named "driver/Xorg-xserver-X.X/libGLgn3.so and "driver/Xorg-xserver-X.X/libGLgn4.so", which are Copyright (c) 2009, 3DLABS and included with this Software are not subject to the terms of this Agreement but are subject to the following license: 

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

->Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 
->Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 
->Neither the name Intel Corporation nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. 

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS 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.
