{
  "key": "intel-microcode",
  "short_name": "Intel Microcode License",
  "name": "Intel Microcode License",
  "category": "Proprietary Free",
  "owner": "Intel Corporation",
  "spdx_license_key": "LicenseRef-scancode-intel-microcode",
  "other_urls": [
    "https://downloadmirror.intel.com/28039/eng/microcode-20180807.tgz"
  ],
  "text": "SOFTWARE LICENSE AGREEMENT\n\nDO NOT DOWNLOAD, INSTALL, ACCESS, COPY, OR USE ANY PORTION OF THE SOFTWARE \nUNTIL YOU HAVE READ AND ACCEPTED THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY \nINSTALLING, COPYING, ACCESSING, OR USING THE SOFTWARE, YOU AGREE TO BE LEGALLY \nBOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. If You do not agree to be \nbound by, or the entity for whose benefit You act has not authorized You to \naccept, these terms and conditions, do not install, access, copy, or use the \nSoftware and destroy all copies of the Software in Your possession. \n\nThis SOFTWARE LICENSE AGREEMENT (this \"Agreement\") is entered into between \nIntel Corporation, a Delaware corporation (\"Intel\") and You. \"You\" refers to \nyou or your employer or other entity for whose benefit you act, as applicable. \nIf you are agreeing to the terms and conditions of this Agreement on behalf of \na company or other legal entity, you represent and warrant that you have the \nlegal authority to bind that legal entity to the Agreement, in which case, \n\"You\" or \"Your\" shall be in reference to such entity. Intel and You are \nreferred to herein individually as a \"Party\" or, together, as the \"Parties\".\nThe Parties, in consideration of the mutual covenants contained in this \nAgreement, and for other good and valuable consideration, the receipt and \nsufficiency of which they acknowledge, and intending to be legally bound, agree \nas follows:  \n\n1. PURPOSE. You seek to obtain, and Intel desires to provide You, under the \nterms of this Agreement, Software solely for Your efforts to develop and \ndistribute products integrating Intel hardware and Intel software. \"Software\" \nrefers to certain software or other collateral, including, but not limited to, \nrelated components, operating system, application program interfaces, device \ndrivers, associated media, printed or electronic documentation and any updates, \nupgrades or releases thereto associated with Intel product(s), software or \nservice(s). \"Intel-based product\" refers to a device that includes, \nincorporates, or implements Intel product(s), software or service(s).\n\n2. LIMITED LICENSE. Conditioned on Your compliance with the terms and \nconditions of this Agreement, Intel grants to You a limited, nonexclusive, \nnontransferable, revocable, worldwide, fully paid-up license during the term of \nthis Agreement, without the right to sublicense, under Intel's copyrights \n(subject to any third party licensing requirements), to (i) reproduce the \nSoftware only for Your own internal evaluation, testing, validation, and \ndevelopment of Intel-based products and any associated maintenance thereof; \n(ii) reproduce, display, and publicly perform an object code representation of \nthe Software, only when integrated with and executed by an Intel-based product, \nsubject to any third party licensing requirements; and (iii) distribute an \nobject code representation of the Software, provided by Intel, through multiple \nlevels of distribution, solely as embedded in or for execution on an \nIntel-based product and subject to these license terms, and if to an end user, \npursuant to a license agreement with terms and conditions at least as \nrestrictive as those contained in the Intel End User Software License Agreement \nin Appendix A hereto.\n\nIf You are not the final manufacturer or vendor of an Intel-based product \nincorporating or designed to incorporate the Software, You may transfer a copy \nof the Software to Your Original Equipment Manufacturer (OEM), Original Device \nManufacturer (ODM), distributors, or system integration partners (\"Your \nPartner\") for use in accordance with the terms and conditions of this \nAgreement, provided Your Partner agrees to be fully bound by the terms hereof \nand provided that You will remain fully liable to Intel for the actions and \ninactions of Your Partner(s).\n\n3. LICENSE RESTRICTIONS. All right, title and interest in and to the Software \nand associated documentation are and will remain the exclusive property of \nIntel and its licensors or suppliers. Unless expressly permitted under the \nAgreement, You will not, and will not allow any third party to (i) use, copy, \ndistribute, sell or offer to sell the Software or associated documentation; \n(ii) modify, adapt, enhance, disassemble, decompile, reverse engineer, change \nor create derivative works from the Software except and only to the extent as \nspecifically required by mandatory applicable laws or any applicable third \nparty license terms accompanying the Software; (iii) use or make the Software \navailable for the use or benefit of third parties; or (iv) use the Software on \nYour products other than those that include the Intel hardware product(s), \nplatform(s), or software identified in the Software; or (v) publish or provide \nany Software benchmark or comparison test results. You acknowledge that an \nessential basis of the bargain in this Agreement is that Intel grants You no \nlicenses or other rights including, but not limited to, patent, copyright, \ntrade secret, trademark, trade name, service mark or other intellectual \nproperty licenses or rights with respect to the Software and associated \ndocumentation, by implication, estoppel or otherwise, except for the licenses \nexpressly granted above. You acknowledge there are significant uses of the \nSoftware in its original, unmodified and uncombined form. You may not remove \nany copyright notices from the Software.\n\n4. LICENSE TO FEEDBACK. This Agreement does not obligate You to provide Intel \nwith materials, information, comments, suggestions, or other communication \nregarding the features, functions, performance or use of the Software \n(\"Feedback\"). If any portion of the Software is provided or otherwise made \navailable by Intel in source code form, to the extent You provide Intel with \nFeedback in a tangible form, You grant to Intel and its affiliates a \nnon-exclusive, perpetual, sublicenseable, irrevocable, worldwide, royalty-free, \nfully paid-up and transferable license, to and under all of Your intellectual \nproperty rights, whether perfected or not, to publicly perform, publicly \ndisplay, reproduce, use, make, have made, sell, offer for sale, distribute, \nimport, create derivative works of and otherwise exploit any comments, \nsuggestions, descriptions, ideas, Your Derivatives or other feedback regarding \nthe Software provided by You or on Your behalf.\n\n5. OPEN SOURCE STATEMENT. The Software may include Open Source Software (OSS) \nlicensed pursuant to OSS license agreement(s) identified in the OSS comments in \nthe applicable source code file(s) or file header(s) provided with or otherwise \nassociated with the Software. Neither You nor any OEM, ODM, customer, or \ndistributor may subject any proprietary portion of the Software to any OSS \nlicense obligations including, without limitation, combining or distributing \nthe Software with OSS in a manner that subjects Intel, the Software or any \nportion thereof to any OSS license obligation. Nothing in this Agreement limits \nany rights under, or grants rights that supersede, the terms of any applicable \nOSS license. \n\n6. THIRD PARTY SOFTWARE. Certain third party software provided with or within \nthe Software may only be used (a) upon securing a license directly from the \nowner of the software or (b) in combination with hardware components purchased \nfrom such third party and (c) subject to further license limitations by the \nsoftware owner. A listing of any such third party limitations is in one or more \ntext files accompanying the Software. You acknowledge Intel is not providing \nYou with a license to such third party software and further that it is Your \nresponsibility to obtain appropriate licenses from such third parties directly.\n\n7. CONFIDENTIALITY. The terms and conditions of this Agreement, exchanged \nconfidential information, as well as the Software are subject to the terms and \nconditions of the Non-Disclosure Agreement(s) or Intel Pre-Release Loan \nAgreement(s) (referred to herein collectively or individually as \"NDA\") entered \ninto by and in force between Intel and You, and in any case no less \nconfidentiality protection than You apply to Your information of similar \nsensitivity. If You would like to have a contractor perform work on Your behalf \nthat requires any access to or use of Software, You must obtain a written \nconfidentiality agreement from the contractor which contains terms and \nconditions with respect to access to or use of Software no less restrictive \nthan those set forth in this Agreement, excluding any distribution rights and \nuse for any other purpose, and You will remain fully liable to Intel for the \nactions and inactions of those contractors. You may not use Intel's name in any \npublications, advertisements, or other announcements without Intel's prior \nwritten consent. \n\n8. NO OBLIGATION; NO AGENCY. Intel may make changes to the Software, or items \nreferenced therein, at any time without notice. Intel is not obligated to \nsupport, update, provide training for, or develop any further version of the \nSoftware or to grant any license thereto. No agency, franchise, partnership, \njoint-venture, or employee-employer relationship is intended or created by this \nAgreement.\n\n9. EXCLUSION OF WARRANTIES. THE SOFTWARE IS PROVIDED \"AS IS\" WITHOUT ANY \nEXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF \nMERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Intel \ndoes not warrant or assume responsibility for the accuracy or completeness of \nany information, text, graphics, links or other items within the Software.\n\n10. LIMITATION OF LIABILITY. IN NO EVENT WILL INTEL OR ITS AFFILIATES, \nLICENSORS OR SUPPLIERS (INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, \nEMPLOYEES, AND AGENTS) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT \nLIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST DATA) ARISING OUT OF \nOR IN RELATION TO THIS AGREEMENT, INCLUDING THE USE OF OR INABILITY TO USE THE \nSOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. \nSOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED \nWARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY \nIN PART NOT APPLY TO YOU. THE SOFTWARE LICENSED HEREUNDER IS NOT DESIGNED OR \nINTENDED FOR USE IN ANY MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS, \nTRANSPORTATION SYSTEMS, NUCLEAR SYSTEMS, OR FOR ANY OTHER MISSION CRITICAL \nAPPLICATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO PERSONAL INJURY \nOR DEATH. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO \nJURISDICTION. THE LIMITED REMEDIES, WARRANTY DISCLAIMER AND LIMITED LIABILITY \nARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTEL AND YOU. YOU \nACKNOWLEDGE INTEL WOULD BE UNABLE TO PROVIDE THE SOFTWARE WITHOUT SUCH \nLIMITATIONS. YOU WILL INDEMNIFY AND HOLD INTEL AND ITS AFFILIATES, LICENSORS \nAND SUPPLIERS (INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND \nAGENTS) HARMLESS AGAINST ALL CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES, AND \nEXPENSES (INCLUDING REASONABLE ATTORNEY FEES), ARISING OUT OF, DIRECTLY OR \nINDIRECTLY, THE DISTRIBUTION OF THE SOFTWARE AND ANY CLAIM OF PRODUCT \nLIABILITY, PERSONAL INJURY OR DEATH ASSOCIATED WITH ANY UNINTENDED USE, EVEN IF \nSUCH CLAIM ALLEGES THAT INTEL OR AN INTEL AFFILIATE, LICENSORS OR SUPPLIER WAS \nNEGLIGENT REGARDING THE DESIGN OR MANUFACTURE OF THE SOFTWARE.\n\n11. TERMINATION AND SURVIVAL. Intel may terminate this Agreement for any reason \nwith thirty (30) days' notice and immediately if You or someone acting on Your \nbehalf or at Your behest violates any of its terms or conditions. Upon \ntermination, You will immediately destroy and ensure the destruction of the \nSoftware or return all copies of the Software to Intel (including providing \ncertification of such destruction or return back to Intel). Upon termination of \nthis Agreement, all licenses granted to You hereunder terminate immediately. \nAll Sections of this Agreement, except Section 2, will survive termination. \n\n12. GOVERNING LAW AND JURISDICTION. This Agreement and any dispute arising out \nof or relating to it will be governed by the laws of the U.S.A. and Delaware, \nwithout regard to conflict of laws principles. The Parties exclude the \napplication of the United Nations Convention on Contracts for the International \nSale of Goods (1980). The state and federal courts sitting in Delaware, U.S.A. \nwill have exclusive jurisdiction over any dispute arising out of or relating to \nthis Agreement. The Parties consent to personal jurisdiction and venue in those \ncourts. A Party that obtains a judgment against the other Party in the courts \nidentified in this section may enforce that judgment in any court that has \njurisdiction over the Parties. \n\n13. EXPORT REGULATIONS/EXPORT CONTROL. You agree that neither You nor Your \nsubsidiaries will export/re-export the Software, directly or indirectly, to any \ncountry for which the U.S. Department of Commerce or any other agency or \ndepartment of the U.S. Government or the foreign government from where it is \nshipping requires an export license, or other governmental approval, without \nfirst obtaining any such required license or approval. In the event the \nSoftware is exported from the U.S.A. or re-exported from a foreign destination \nby You or Your subsidiary, You will ensure that the distribution and \nexport/re-export or import of the Software complies with all laws, regulations, \norders, or other restrictions of the U.S. Export Administration Regulations and \nthe appropriate foreign government. \n\n14. GOVERNMENT RESTRICTED RIGHTS. The Software is a commercial item (as defined \nin 48 C.F.R. 2.101) consisting of commercial computer software and commercial \ncomputer software documentation (as those terms are used in 48 C.F.R. 12.212). \nConsistent with 48 C.F.R. 12.212 and 48 C.F.R 227.7202-1 through 227.7202-4, \nYou will not provide the Software to the U.S. Government. Contractor or \nManufacturer is Intel Corporation, 2200 Mission College Blvd., Santa Clara, CA \n95054. \n\n15. ASSIGNMENT. You may not delegate, assign or transfer this Agreement, the \nlicense(s) granted or any of Your rights or duties hereunder, expressly, by \nimplication, by operation of law, or otherwise and any attempt to do so, \nwithout Intel's express prior written consent, will be null and void. Intel may \nassign, delegate and transfer this Agreement, and its rights and obligations \nhereunder, in its sole discretion. \n\n16. ENTIRE AGREEMENT; SEVERABILITY. The terms and conditions of this Agreement \nand any NDA with Intel constitute the entire agreement between the parties with \nrespect to the subject matter hereof, and merge and supersede all prior or \ncontemporaneous agreements, understandings, negotiations and discussions. \nNeither Party will be bound by any terms, conditions, definitions, warranties, \nunderstandings, or representations with respect to the subject matter hereof \nother than as expressly provided herein. In the event any provision of this \nAgreement is unenforceable or invalid under any applicable law or applicable \ncourt decision, such unenforceability or invalidity will not render this \nAgreement unenforceable or invalid as a whole, instead such provision will be \nchanged and interpreted so as to best accomplish the objectives of such \nprovision within legal limits. \n\n17. WAIVER. The failure of a Party to require performance by the other Party of \nany provision hereof will not affect the full right to require such performance \nat any time thereafter; nor will waiver by a Party of a breach of any provision \nhereof constitute a waiver of the provision itself. \n\n18. PRIVACY. YOUR PRIVACY RIGHTS ARE SET FORTH IN INTEL'S PRIVACY NOTICE, WHICH \nFORMS A PART OF THIS AGREEMENT. PLEASE REVIEW THE PRIVACY NOTICE AT \nHTTP://WWW.INTEL.COM/PRIVACY TO LEARN HOW INTEL COLLECTS, USES AND SHARES \nINFORMATION ABOUT YOU.\n\nAPPENDIX A\nINTEL END USER SOFTWARE LICENSE AGREEMENT\n\nIMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.\nTHE FOLLOWING NOTICE, OR TERMS AND CONDITIONS SUBSTANTIALLY IDENTICAL IN NATURE \nAND EFFECT, MUST APPEAR IN THE DOCUMENTATION ASSOCIATED WITH THE INTEL-BASED \nPRODUCT INTO WHICH THE SOFTWARE IS INSTALLED. MINIMALLY, SUCH NOTICE MUST \nAPPEAR IN THE USER GUIDE FOR THE PRODUCT. THE TERM \"LICENSEE\" IN THIS TEXT \nREFERS TO THE END USER OF THE PRODUCT.\n\nLICENSE. Licensee has a license under Intel's copyrights to reproduce Intel's \nSoftware only in its unmodified and binary form, (with the accompanying \ndocumentation, the \"Software\") for Licensee's personal use only, and not \ncommercial use, in connection with Intel-based products for which the Software \nhas been provided, subject to the following conditions:\n(a)\tLicensee may not disclose, distribute or transfer any part of the \nSoftware, and You agree to prevent unauthorized copying of the Software.\n(b)\tLicensee may not reverse engineer, decompile, or disassemble the \nSoftware.\n(c)\tLicensee may not sublicense the Software.\n(d)\tThe Software may contain the software and other intellectual property \nof third party suppliers, some of which may be identified in, and licensed in \naccordance with, an enclosed license.txt file or other text or file.\n(e)\tIntel has no obligation to provide any support, technical assistance or \nupdates for the Software.\n\nOWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software \nremains with Intel or its licensors or suppliers. The Software is copyrighted \nand protected by the laws of the United States and other countries, and \ninternational treaty provisions. Licensee may not remove any copyright notices \nfrom the Software. Except as otherwise expressly provided above, Intel grants \nno express or implied right under Intel patents, copyrights, trademarks, or \nother intellectual property rights. Transfer of the license terminates \nLicensee's right to use the Software.\nDISCLAIMER OF WARRANTY. The Software is provided \"AS IS\" without warranty of \nany kind, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES \nOF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.\n\nLIMITATION OF LIABILITY. NEITHER INTEL NOR ITS LICENSORS OR SUPPLIERS WILL BE \nLIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR \nINDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER \nUNDER THIS AGREEMENT OR OTHERWISE, EVEN IF INTEL HAS BEEN ADVISED OF THE \nPOSSIBILITY OF SUCH DAMAGES.\n\nLICENSE TO USE COMMENTS AND SUGGESTIONS. This Agreement does NOT obligate \nLicensee to provide Intel with comments or suggestions regarding the Software. \nHowever, if Licensee provides Intel with comments or suggestions for the \nmodification, correction, improvement or enhancement of (a) the Software or (b) \nIntel products or processes that work with the Software, Licensee grants to \nIntel a non-exclusive, worldwide, perpetual, irrevocable, transferable, \nroyalty-free license, with the right to sublicense, under Licensee's \nintellectual property rights, to incorporate or otherwise utilize those \ncomments and suggestions.\n\nTERMINATION OF THIS LICENSE. Intel or the sublicensor may terminate this \nlicense at any time if Licensee is in breach of any of its terms or conditions. \nUpon termination, Licensee will immediately destroy or return to Intel all \ncopies of the Software.\nTHIRD PARTY BENEFICIARY. Intel is an intended beneficiary of the End User \nLicense Agreement and has the right to enforce all of its terms.\n\nU.S. GOVERNMENT RESTRICTED RIGHTS. The Software is a commercial item (as \ndefined in 48 C.F.R. 2.101) consisting of commercial computer software and \ncommercial computer software documentation (as those terms are used in 48 \nC.F.R. 12.212), consistent with 48 C.F.R. 12.212 and 48 C.F.R 227.7202-1 \nthrough 227.7202-4. You will not provide the Software to the U.S. Government. \nContractor or Manufacturer is Intel Corporation, 2200 Mission College Blvd., \nSanta Clara, CA 95054.\n\nEXPORT LAWS. Licensee agrees that neither Licensee nor Licensee's subsidiaries \nwill export/re-export the Software, directly or indirectly, to any country for \nwhich the U.S. Department of Commerce or any other agency or department of the \nU.S. Government or the foreign government from where it is shipping requires an \nexport license, or other governmental approval, without first obtaining any \nsuch required license or approval. In the event the Software is exported from \nthe U.S.A. or re-exported from a foreign destination by Licensee, Licensee will \nensure that the distribution and export/re-export or import of the Software \ncomplies with all laws, regulations, orders, or other restrictions of the U.S. \nExport Administration Regulations and the appropriate foreign government.\n\nAPPLICABLE LAWS. This Agreement and any dispute arising out of or relating to \nit will be governed by the laws of the U.S.A. and Delaware, without regard to \nconflict of laws principles. The Parties to this Agreement exclude the \napplication of the United Nations Convention on Contracts for the International \nSale of Goods (1980). The state and federal courts sitting in Delaware, U.S.A. \nwill have exclusive jurisdiction over any dispute arising out of or relating to \nthis Agreement. The Parties consent to personal jurisdiction and venue in those \ncourts. A Party that obtains a judgment against the other Party in the courts \nidentified in this section may enforce that judgment in any court that has \njurisdiction over the Parties.\n\nLicensee's specific rights may vary from country to country."
}