Intel Developer Experience User Manual
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Intel® Integrated Native Developer
Experience 2015 (Windows* host)
Legal Information
28 April 2015
Intel® Integrated Native Developer Experience 2015
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1 Legal Information
Android* NDK
Android Studio*
Android SDK
Intel Proprietary License group 1
Intel® INDE Plug-in for Visual Studio*
Intel® INDE Plug-in for Android Studio*
Intel® INDE Plug-in for Eclipse*
IDE Integration for Android* (Android Studio Development Environment Configurations)
Setup Android SDK for Intel Architecture
Intel Proprietary License group 2
Context Sensing SDK
Intel Proprietary License group 3
Media SDK for Windows*
Media RAW Accelerator for Windows*
Intel® Threading Building Blocks
Intel® Integrated Native Developer Experience
OpenCL
TM
Code Builder & Analyzer
Tamper Protection
Intel Proprietary License group 4
Media for Mobile
Audio for Windows*
Intel® Integrated Performance Primitives
Intel® C++ Compiler for Android*
Intel® C++ Compiler for Windows*
Graphics Frame Analyzer
System Analyzer
Platform Analyzer
Graphics Frame Analyzer for OpenGL*
Debugger Extension for Android in Visual Studio*
Intel® Integrated Native Developer Experience 2015
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Intel Proprietary License group 5
Intel® Hardware Accelerated Execution Manager
Media for Mobile
Intel® INDE Plug-in for Visual Studio*
Apache Ant
Tunnel_Vision_Laboratories_License
Java Language Support in Visual Studio*
Media for Mobile
OpenCV
Microsoft Pre-Release Software License
ImageWatch plugin for Visual Studio*
com.android.ide.eclipse.ndk_23.0.2.1259578.jar
General Information
By using this document, in addition to any agreements you have with Intel, you accept the terms set forth below. You may not use or facilitate the use of this document in connection with any infringement or other legal analysis concerning Intel products described herein. You agree to grant Intel a non-exclusive, royalty-free license to any patent claim thereafter drafted which includes subject matter disclosed herein.
INFORMATION IN THIS DOCUMENT IS PROVIDED IN CONNECTION WITH INTEL
PRODUCTS. NO LICENSE, EXPRESS OR IMPLIED, BY ESTOPPEL OR OTHERWISE, TO
ANY INTELLECTUAL PROPERTY RIGHTS IS GRANTED BY THIS DOCUMENT. EXCEPT AS
PROVIDED IN INTEL'S TERMS AND CONDITIONS OF SALE FOR SUCH PRODUCTS, INTEL
ASSUMES NO LIABILITY WHATSOEVER AND INTEL DISCLAIMS ANY EXPRESS OR
IMPLIED WARRANTY, RELATING TO SALE AND/OR USE OF INTEL PRODUCTS
INCLUDING LIABILITY OR WARRANTIES RELATING TO FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY, OR INFRINGEMENT OF ANY PATENT, COPYRIGHT OR
OTHER INTELLECTUAL PROPERTY RIGHT.
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Intel® Integrated Native Developer Experience 2015
A "Mission Critical Application" is any application in which failure of the Intel Product could result, directly or indirectly, in personal injury or death. SHOULD YOU PURCHASE OR USE
INTEL'S PRODUCTS FOR ANY SUCH MISSION CRITICAL APPLICATION, YOU SHALL
INDEMNIFY AND HOLD INTEL AND ITS SUBSIDIARIES, SUBCONTRACTORS AND
AFFILIATES, AND THE DIRECTORS, OFFICERS, AND EMPLOYEES OF EACH, HARMLESS
AGAINST ALL CLAIMS COSTS, DAMAGES, AND EXPENSES AND REASONABLE
ATTORNEYS' FEES ARISING OUT OF, DIRECTLY OR INDIRECTLY, ANY CLAIM OF
PRODUCT LIABILITY, PERSONAL INJURY, OR DEATH ARISING IN ANY WAY OUT OF
SUCH MISSION CRITICAL APPLICATION, WHETHER OR NOT INTEL OR ITS
SUBCONTRACTOR WAS NEGLIGENT IN THE DESIGN, MANUFACTURE, OR WARNING OF
THE INTEL PRODUCT OR ANY OF ITS PARTS.
Intel may make changes to specifications and product descriptions at any time, without notice.
Designers must not rely on the absence or characteristics of any features or instructions marked
"reserved" or "undefined". Intel reserves these for future definition and shall have no responsibility whatsoever for conflicts or incompatibilities arising from future changes to them.
The information here is subject to change without notice. Do not finalize a design with this information.
The products described in this document may contain design defects or errors known as errata which may cause the product to deviate from published specifications. Current characterized errata are available on request.
Contact your local Intel sales office or your distributor to obtain the latest specifications and before placing your product order.
Copies of documents which have an order number and are referenced in this document, or other Intel literature, may be obtained by calling 1-800-548-4725, or go to: http://www.intel.com/design/literature.htm
This document contains information on products in the design phase of development.
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Intel® Integrated Native Developer Experience 2015
*Other names and brands may be claimed as the property of others.
Intel, Intel Atom, Intel Core, Intel Iris, Intel Pentium and Intel Celeron are trademarks of Intel
Corporation in the U.S. and/or other countries.
OpenCL and the OpenCL logo are trademarks of Apple Inc. used by permission by Khronos.
Copyright (C) 2014-2105 Intel Corporation. All rights reserved.
Return to Legal Information start
Google Android SDK license covers the following items:
Android NDK
Android Studio
Android SDK
Terms and Conditions
This is the Android Software Development Kit License Agreement
1. Introduction
1.1 The Android Software Development Kit (referred to in this License Agreement as the "SDK" and specifically including the Android system files, packaged APIs, and Google APIs add-ons) is licensed to you subject to the terms of this License Agreement. This License Agreement forms a legally binding contract between you and Google in relation to your use of the SDK.
1.2 "Android" means the Android software stack for devices, as made available under the Android Open
Source Project, which is located at the following URL: http://source.android.com/, as updated from time to time.
1.3 "Google" means Google Inc., a Delaware corporation with principal place of business at 1600
Amphitheatre Parkway, Mountain View, CA 94043, United States.
2. Accepting this License Agreement
2.1 In order to use the SDK, you must first agree to this License Agreement. You may not use the SDK if you do not accept this License Agreement.
2.2 By clicking to accept, you hereby agree to the terms of this License Agreement.
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Intel® Integrated Native Developer Experience 2015
2.3 You may not use the SDK and may not accept the License Agreement if you are a person barred from receiving the SDK under the laws of the United States or other countries including the country in which you are resident or from which you use the SDK.
2.4 If you are agreeing to be bound by this License Agreement on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to this License Agreement. If you do not have the requisite authority, you may not accept the License
Agreement or use the SDK on behalf of your employer or other entity.
3. SDK License from Google
3.1 Subject to the terms of this License Agreement, Google grants you a limited, worldwide, royalty-free, non-assignable and non-exclusive license to use the SDK solely to develop applications to run on the
Android platform.
3.2 You agree that Google or third parties own all legal right, title and interest in and to the SDK, including any Intellectual Property Rights that subsist in the SDK. "Intellectual Property Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. Google reserves all rights not expressly granted to you.
3.3 You may not use the SDK for any purpose not expressly permitted by this License Agreement. Except to the extent required by applicable third party licenses, you may not: (a) copy (except for backup purposes), modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the SDK or any part of the SDK; or (b) load any part of the SDK onto a mobile handset or any other hardware device except a personal computer, combine any part of the SDK with other software, or distribute any software or device incorporating a part of the SDK.
3.4 You agree that you will not take any actions that may cause or result in the fragmentation of
Android, including but not limited to distributing, participating in the creation of, or promoting in any way a software development kit derived from the SDK.
3.5 Use, reproduction and distribution of components of the SDK licensed under an open source software license are governed solely by the terms of that open source software license and not this
License Agreement.
3.6 You agree that the form and nature of the SDK that Google provides may change without prior notice to you and that future versions of the SDK may be incompatible with applications developed on previous versions of the SDK. You agree that Google may stop (permanently or temporarily) providing the SDK (or any features within the SDK) to you or to users generally at Google's sole discretion, without prior notice to you.
3.7 Nothing in this License Agreement gives you a right to use any of Google's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
3.8 You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the SDK.
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4. Use of the SDK by You
4.1 Google agrees that it obtains no right, title or interest from you (or your licensors) under this License
Agreement in or to any software applications that you develop using the SDK, including any intellectual property rights that subsist in those applications.
4.2 You agree to use the SDK and write applications only for purposes that are permitted by (a) this
License Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the
United States or other relevant countries).
4.3 You agree that if you use the SDK to develop applications for general public users, you will protect the privacy and legal rights of those users. If the users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your application, and you must provide legally adequate privacy notice and protection for those users. If your application stores personal or sensitive information provided by users, it must do so securely. If the user provides your application with Google Account information, your application may only use that information to access the user's Google Account when, and for the limited purposes for which, the user has given you permission to do so.
4.4 You agree that you will not engage in any activity with the SDK, including the development or distribution of an application, that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party including, but not limited to, Google or any mobile communications carrier.
4.5 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any data, content, or resources that you create, transmit or display through Android and/or applications for Android, and for the consequences of your actions (including any loss or damage which Google may suffer) by doing so.
4.6 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any breach of your obligations under this License Agreement, any applicable third party contract or Terms of Service, or any applicable law or regulation, and for the consequences (including any loss or damage which Google or any third party may suffer) of any such breach.
5. Your Developer Credentials
5.1 You agree that you are responsible for maintaining the confidentiality of any developer credentials that may be issued to you by Google or which you may choose yourself and that you will be solely responsible for all applications that are developed under your developer credentials.
6. Privacy and Information
6.1 In order to continually innovate and improve the SDK, Google may collect certain usage statistics from the software including but not limited to a unique identifier, associated IP address, version number of the software, and information on which tools and/or services in the SDK are being used and how they
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Intel® Integrated Native Developer Experience 2015
are being used. Before any of this information is collected, the SDK will notify you and seek your consent. If you withhold consent, the information will not be collected.
6.2 The data collected is examined in the aggregate to improve the SDK and is maintained in accordance with Google's Privacy Policy.
7. Third Party Applications
7.1 If you use the SDK to run applications developed by a third party or that access data, content or resources provided by a third party, you agree that Google is not responsible for those applications, data, content, or resources. You understand that all data, content or resources which you may access through such third party applications are the sole responsibility of the person from which they originated and that Google is not liable for any loss or damage that you may experience as a result of the use or access of any of those third party applications, data, content, or resources.
7.2 You should be aware the data, content, and resources presented to you through such a third party application may be protected by intellectual property rights which are owned by the providers (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on these data, content, or resources (either in whole or in part) unless you have been specifically given permission to do so by the relevant owners.
7.3 You acknowledge that your use of such third party applications, data, content, or resources may be subject to separate terms between you and the relevant third party. In that case, this License
Agreement does not affect your legal relationship with these third parties.
8. Using Android APIs
8.1 Google Data APIs
8.1.1 If you use any API to retrieve data from Google, you acknowledge that the data may be protected by intellectual property rights which are owned by Google or those parties that provide the data (or by other persons or companies on their behalf). Your use of any such API may be subject to additional
Terms of Service. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this data (either in whole or in part) unless allowed by the relevant Terms of Service.
8.1.2 If you use any API to retrieve a user's data from Google, you acknowledge and agree that you shall retrieve data only with the user's explicit consent and only when, and for the limited purposes for which, the user has given you permission to do so.
9. Terminating this License Agreement
9.1 This License Agreement will continue to apply until terminated by either you or Google as set out below.
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9.2 If you want to terminate this License Agreement, you may do so by ceasing your use of the SDK and any relevant developer credentials.
9.3 Google may at any time, terminate this License Agreement with you if:
(A) you have breached any provision of this License Agreement; or
(B) Google is required to do so by law; or
(C) the partner with whom Google offered certain parts of SDK (such as APIs) to you has terminated its relationship with Google or ceased to offer certain parts of the SDK to you; or
(D) Google decides to no longer provide the SDK or certain parts of the SDK to users in the country in which you are resident or from which you use the service, or the provision of the SDK or certain SDK services to you by Google is, in Google's sole discretion, no longer commercially viable.
9.4 When this License Agreement comes to an end, all of the legal rights, obligations and liabilities that you and Google have benefited from, been subject to (or which have accrued over time whilst this
License Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
10. DISCLAIMER OF WARRANTIES
10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SDK IS AT YOUR SOLE RISK AND
THAT THE SDK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND FROM
GOOGLE.
10.2 YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SDK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM
SUCH USE.
10.3 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION OF LIABILITY
11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND
ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED
BY YOU, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT GOOGLE OR ITS REPRESENTATIVES HAVE
BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
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12. Indemnification
12.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless
Google, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) your use of the SDK,
(b) any application you develop on the SDK that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, and (c) any non-compliance by you with this License Agreement.
13. Changes to the License Agreement
13.1 Google may make changes to the License Agreement as it distributes new versions of the SDK.
When these changes are made, Google will make a new version of the License Agreement available on the website where the SDK is made available.
14. General Legal Terms
14.1 This License Agreement constitutes the whole legal agreement between you and Google and governs your use of the SDK (excluding any services which Google may provide to you under a separate written agreement), and completely replaces any prior agreements between you and Google in relation to the SDK.
14.2 You agree that if Google does not exercise or enforce any legal right or remedy which is contained in this License Agreement (or which Google has the benefit of under any applicable law), this will not be taken to be a formal waiver of Google's rights and that those rights or remedies will still be available to
Google.
14.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this
License Agreement is invalid, then that provision will be removed from this License Agreement without affecting the rest of this License Agreement. The remaining provisions of this License Agreement will continue to be valid and enforceable.
14.4 You acknowledge and agree that each member of the group of companies of which Google is the parent shall be third party beneficiaries to this License Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this License Agreement that confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to this License Agreement.
14.5 EXPORT RESTRICTIONS. THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS.
YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT
APPLY TO THE SDK. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE.
14.6 The rights granted in this License Agreement may not be assigned or transferred by either you or
Google without the prior written approval of the other party. Neither you nor Google shall be permitted
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to delegate their responsibilities or obligations under this License Agreement without the prior written approval of the other party.
14.7 This License Agreement, and your relationship with Google under this License Agreement, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and
Google agree to submit to the exclusive jurisdiction of the courts located within the county of Santa
Clara, California to resolve any legal matter arising from this License Agreement. Notwithstanding this, you agree that Google shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
November 13, 2012
Return to Legal Information start
Intel Proprietary License group 1 covers the following items:
Intel® INDE Plug-in for Visual Studio*
Intel® INDE Plug-in for Android Studio*
Intel® INDE Plug-in for Eclipse*
IDE Integration for Android* (Android Studio Development Environment Configurations)
Setup Android SDK for Intel Architecture
END USER LICENSE AGREEMENT FOR
IDE INTEGRATION FOR ANDROID*
PART OF THE INTEL® INTEGRATED NATIVE DEVELOPER EXPERIENCE (INTEL®
INDE)
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING THE SOFTWARE
Do not copy, distribute, install or use this software and any associated documentation and any updates
(collectively, the "Software") until you have carefully read the following terms and conditions. By, copying, distributing, installing or using the Software, you are agreeing to the terms of this license agreement (this
“License Agreement”). If you do not wish to agree, do not copy, distribute, install or use the Software.
The Software includes all binary files provided by Intel Corporation or its majority-owned subsidiaries
(“Intel”) with this License Agreement, and any other accompanying documentation.
* Important Note: The Software has been developed to help you install software components. You may only use the Software to install such software components for the purposes of developing applications that are specifically for the Android operating system only. If you do not wish to agree, do not copy, distribute, install or use the Software.
1.
LICENSE GRANT AND RESTRICTIONS. Subject to the terms and conditions of this License
Agreement, you may install and use the Software on a computer or device for your personal use. You may make one copy of the Software solely for backup purposes. You may not copy, modify, rent, sell, distribute or otherwise transfer or assign any part of the Software or this License Agreement to any third party, and you agree to prevent unauthorized copying of the Software. You may not reverse engineer,
Intel® Integrated Native Developer Experience 2015
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decompile, or disassemble the Software and you may not sublicense or permit simultaneous use of the
Software by more than one user.
2.
A.
LICENSES FOR THIRD PARTY AND INTEL PROPRIETARY SOFTWARE; UPDATES.
The Software is an installer and is intended to help you easily install the software components i ncluded in the Software which may include Intel proprietary software (“Intel Proprietary
Software”) as well as third party software as defined below.
B. Certain programs and or files may be included with the Software that are provided and licensed by th ird parties other than Intel (“Third Party Software”), and may include open source code. In some cases, Intel may direct you to a third party website to download certain Third Party
Software. Your rights to use the Third Party Software are governed by the license agreements that accompany such components. Intel does not warrant such Third Party Software in any way and assumes no liability for your use of the Third Party Software. You are subject to the terms of their license agreements if you use the Third Party Software.
C. Intel Proprietary Software that are included with this Software will be subject to the license agreements that accompany such components.
D. From time to time, the Software will check for latest updates and new releases to the Intel
Proprietary Software and Third Party Software included or referenced by the Software, and may push or pull the latest updates and new releases to your computer or device using the Software.
By using the Software, you are agreeing to receive such push or pull notifications to your computer or device.
3.
NO OTHER RIGHTS. Except as otherwise expressly provided, Intel grants no express or implied right under Intel patents, copyrights, trade secrets, trademarks, or other intellectual property rights.
4.
OWNERSHIP AND COPYRIGHTS. The Software, Intel Proprietary Software and any Third Party
Software are non-exclusively licensed to you, not sold. Title to all copies of the Software, and Intel
Proprietary Software remains respectively with Intel and its suppliers, and title to Third Party Software remain with the Third Party Software owners (as applicable). The Software 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 Software.
5.
EXCLUSION OF WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" AND WITH ALL
FAULTS. YOU ASSUME AND BEAR ALL RISKS ASSOCIATED WITH THE DOWNLOAD,
INSTALLATION AND USE OF THE SOFTWARE. INTEL AND ITS SUPPLIERS PROVIDE NO
WARRANTY OF ANY KIND WITH RESPECT TO THE SOFTWARE, 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 and its suppliers do not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software. Intel and its suppliers do not warrant that your use of the Software will be uninterrupted or error-free, nor that defects in the
Software will be corrected. You may have additional consumer rights under local laws in your jurisdiction which this License Agreement cannot change.
6.
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 SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY
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Intel® Integrated Native Developer Experience 2015
FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
7.
UNAUTHORIZED USES. THE SOFTWARE IS NOT DESIGNED, INTENDED, OR
AUTHORIZED FOR USE IN ANY MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS, OR FOR
ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE SOFTWARE COULD CREATE A
SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR. Should You purchase or use the
Software for any such unintended or unauthorized use, You shall 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 part.
8.
COMMUNICATIONS. You agree that any material, information or other communication, including all data, images, sounds, text, and other things embodied therein, you transmit or post to an
Intel website or provide to Intel under this Agreement will be considered non-confidential
("Communications"). Intel will have no confidentiality obligations with respect to the Communications.
You agree that Intel and its designees will be free to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense through multiple tiers of distribution and licensees, incorporate and otherwise use the Communications, including derivative works thereto, for any and all commercial or non-commercial purposes.
9.
TERMINATION OF THIS LICENSE. This Agreement becomes effective on the date you accept this Agreement and will continue until terminated as provided for in this Agreement. Intel may terminate this license at any time if you are in breach of any of its terms and conditions. Upon termination, you will immediately return to Intel or destroy the Software and all copies thereof.
10.
APPLICABLE LAWS. Claims arising under this License 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. You may not export the Software 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.
11.
U.S. GOVERNMENT RESTRICTED RIGHTS. The technical data and computer software covered by this license is a “Commercial Item,” as such term is defined by the FAR 2.101 (48 C.F.R. 2.101) and is
“commercial computer software” and “commercial computer software documentation” as specified under
FAR 12.212 (48 C.F.R. 12.212) or DFARS 227.7202 (48 C.F.R. 227.7202), as applicable. This commercial computer software and related documentation is provided to end users for use by and on behalf of the U.S. Government, with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Use for or on behalf of the U.S. Government is permitted only if the party acquiring or using this software is properly authorized by an appropriate U.S. Government official. This use by or for the U.S. Government clause is in lieu of, and supersedes, any other FAR, DFARS, or other provision that addresses Government rights in the computer software or documentation covered by this license.
12. OTHER GENERAL INFORMATION:
Intel is not responsible for any errors which may appear in the documentation or the Software, nor does
Intel make a commitment to update the information or software contained herein. Intel reserves the right to make changes to this document or the Software at any time, without notice.
The English language version of this License Agreement shall be the only legally binding version and in the event of a conflict, inconsistency or difference of interpretation between the English language version and any other translation, the English language version shall prevail over such other translation. Any translation of this License Agreement is provided for convenience only and shall not be used in the
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Intel® Integrated Native Developer Experience 2015
interpretation or construction of this License Agreement and shall not be binding on the parties.
Intel and the Intel logo are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries. * Other names and brands may be claimed as the property of others.
Return to Legal Information start
Intel Proprietary License group 2 covers the following item:
Context Sensing SDK
IMPORTANT – PLEASE READ
CONTEXT SENSING SDK LICENSE AGREEMENT
By clicking the “Agree” button, You agree, on behalf of yourself and whatever company or corporate entity you represent (collectively “You”), that the terms and conditions of this license agreement
(“Agreement”) govern all use by You of the software, documentation and other materials made available by Intel through this portal (collectively, the “Material”).
1) NOTICE: All Applications and Components developed using the Materials must comply with the
privacy requirements set forth in Exhibit A, which may be updated from time to time.
The Materials are not intended to enable the design of Applications and Components that (i) are used in any medical, life-saving or life sustaining systems (ii) used for the diagnosis of disease or the cure, mitigation, treatment, or prevention of disease or for any use that is intended to affect bodily structure or function or (iii) to be used as an accessory to a regulated medical device or to transform a computing platform into a regulated medical device.
2) DEFINITIONS. In this Agreement, the following capitalized terms shall have the meanings below: a) “Application” means a software application and all material related to such application; b) “Component” means a reusable module that can be incorporated into other application in the form of middleware, libraries, modules, etc. that may be submitted by other developers; and c) “Licensed Patent Claims” means those claims of Intel’s patents that are infringed by the Materials, in their unmodified form, as furnished by Intel to You and not combined with anything else.
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Intel® Integrated Native Developer Experience 2015
3) LICENSE. Subject to the conditions of this Agreement, Intel grants to You a royalty-free, personal, nonexclusive, nontransferable, worldwide license: a) under Intel's copyrights in the Materials to copy, design, develop, debug, modify and distribute
Applications and Components, subject to the following:
• Developer Tools include libraries, developer documentation, installation or development utilities, and other materials. You may use them internally for the purposes of developing your Applications and
Components, but you may not redistribute them.
• Sample Source may include example interface or application source code. You may copy, modify and compile the Sample Source and distribute it in your Application and Component in binary or source code form.
• End-User Documentation includes textual materials intended for end users. You may copy, modify and distribute this documentation solely with Applications and Components. b) Under Intel’s Licensed Patent Claims to make, use, sell, offer for sale and import the Materials as is reasonably necessary for You to exercise the copyright licenses granted in Section 3(a); provided, however, that the license under the Licensed Patent Claims does not and will not apply to any modifications to, or derivative works of, the Materials, even if the modifications or derivative works are permitted under the copyright license granted in Section 3(a).
4) OPEN SOURCE. In the event the Material includes any Open Source Software (defined below), the terms of this Agreement shall not apply to such Open Source Software and any applicable license terms will be made available with the applicable files. You may not subject the Material, in whole or in part, to any license obligations of Open Source Software including without limitation combining or distributing the Material with Open Source Software in a manner that subjects the Material or any portion of the
Material provided by Intel hereunder to any license obligations of such Open Source Software. "Open
Source Software" means any software that requires as a condition of use, modification and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software (a) be disclosed or distributed in source code form; or (b) be licensed by the user to third parties for the purpose of making and/or distributing derivative works; or (c) be redistributable at no charge. Open Source Software includes, without limitation, software licensed or distributed under any of the following licenses or distribution models, or licenses or distribution models substantially similar to any of the following: (a) GNU’s General Public License (GPL) or Lesser/Library GPL
(LGPL), (b) the Artistic License (e.g., PERL), (c) the Mozilla Public License, (d) the Netscape Public License,
(e) the Sun Community Source License (SCSL), (f) the Sun Industry Source License (SISL), (g) the Apache
Software license and (h) the Common Public License (CPL).
5) RESTRICTIONS. Your use of the Materials is expressly limited to and conditioned upon compliance with the following:
Intel® Integrated Native Developer Experience 2015
15
a) Except as expressly provided in this Agreement, You will not (a) copy, reproduce, distribute, or in any other manner duplicate the Materials in whole or in part, (b) sell, lease, license, sublicense, distribute, assign, transfer or otherwise grant any rights in the Materials, in whole or in part, (c) modify, port, translate, or create derivative works of the Materials. b) You will not alter, remove or obscure any proprietary notices from the Materials relating to Intel's or
Intel's licensors' intellectual property rights. c) You will make reasonable efforts to discontinue use of the portions of the Materials that you are licensed hereunder to use, upon Intel's release of an update, upgrade or new version of the Materials and to make reasonable efforts to distribute such updates, upgrades or new versions to your customers who have received Applications or Components. d) You may not reverse-assemble, reverse-compile, or otherwise reverse-engineer any portion of the software Materials provided solely in binary form. e) You must not disable or by-pass any security features of the Materials.
6) NO OTHER RIGHTS. The Material is protected by the intellectual property laws of the United States and other countries, and international treaty provisions. Except as otherwise expressly set forth above,
Intel grants no express or implied rights under Intel patents, copyrights, trademarks, or other intellectual property rights. Except as expressly stated in this Agreement, no license or right is granted to You directly or by implication, inducement, estoppel or otherwise. Intel shall have the right to inspect or have an independent auditor inspect Your relevant records to verify Your compliance with the terms and conditions of this Agreement.
7) FEEDBACK. You are not obligated to provide Intel with comments or suggestions regarding the
Material. However, should You provide Intel with comments or suggestions for the modification, correction, improvement or enhancement of (a) the Material or (b) Intel products which may embody the Material, such comments and suggestions shall be owned by Intel.
8) OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Material remains with Intel or its suppliers. You may not remove any copyright notices from the Material.
9) CONFIDENTIALITY. The Material includes confidential information of Intel. You may not reveal, disclose or distribute the Material in any form, or display it publicly or distribute any product thereof, or use it or any information relating to it except for the purposes of this Agreement. You may only disclose the Material available to Your employees whose duties require such access and who are obligated to maintain the Material in confidence. This obligation of confidentiality shall not apply to information which is shown by contemporaneous documentation to be (i) rightfully available to the public other than by breach of this Agreement by You; (ii) rightfully received by You from a third party without breach of a duty to Intel; (iii) independently developed by Your employees without access to the
Material; or (iv) rightfully known to You prior to first receipt from Intel.
Intel® Integrated Native Developer Experience 2015
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10) SUPPORT. Intel may make changes to the Material at any time without notice, but is not obligated to support, update or provide training for the Material. Intel may in its sole discretion offer such services under separate terms at Intel’s then-current rates. You may request additional information on Intel’s service offerings from an Intel sales representative.
11) EXCLUSION OF WARRANTIES. THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR
IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
12) 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) HOWEVER CAUSED, ARISING OUT OF THE USE OF OR INABILITY TO USE THE
MATERIALS, 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 NOT APPLY TO YOU. YOU
MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. NO
SOFTWARE LICENSED HEREUNDER IS 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. THE LIMITED REMEDIES, WARRANTY DISCLAIMER AND LIMITED LIABILITY ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTEL AND YOU. INTEL WOULD
NOT BE ABLE TO PROVIDE THE MATERIALS WITHOUT SUCH LIMITATIONS.
13) TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement immediately, upon notice from Intel, if You violate its terms. Upon termination, You will immediately destroy any Materials you have downloaded and all copies thereof (including providing certification of such destruction back to
Intel) or return all Materials and copied thereof to Intel. In the event of termination of this Agreement, all licenses granted to You hereunder shall immediately terminate.
14) APPLICABLE LAWS. Any claims arising under or relating to this Agreement shall be governed by the internal substantive laws of the State of Delaware or federal courts located in Delaware, without regard to principles of conflict of laws. Each Party hereby agrees to jurisdiction and venue in the courts of the
State of Delaware for all disputes and litigation arising under or relating to this Agreement. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. The Parties consent to the personal jurisdiction of the above courts.
15) Export Regulations / Export Control. You shall not export, either directly or indirectly, any Material or any product, service or technical data or system incorporating any Material without first obtaining any required license or other approval from the U. S. Department of Commerce or any other agency or department of the United States Government.
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Intel® Integrated Native Developer Experience 2015
16) GOVERNMENT RESTRICTED RIGHTS. The Material is a "commercial item" as that term is defined in
48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such 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 provide the Material to the U.S. Government as an End
User only pursuant to the terms and conditions therein. Contractor or Manufacturer is Intel Corporation,
2200 Mission College Blvd., Santa Clara, CA 95052.
17) 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, by way of merger
(regardless of whether You are the surviving entity) or acquisition, or otherwise and any attempt to do so, without Intel’s express prior written consent, shall be null and void. Intel may assign this Agreement, and its rights and obligations hereunder, in its sole discretion.
18) Entire Agreement. The terms and conditions of this Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and merges and supersedes all prior, contemporaneous agreements, understandings, negotiations and discussions. Intel is not obligated under any other agreements with You unless they are in writing and signed by an authorized representative of Intel.
19) Remedies. Recipient acknowledges that any disclosure, commercialization, or public use of the
Material would cause irreparable injury to Intel and consents to the grant of an injunction by any court of competent jurisdiction in the event of a threatened breach.
20) Severability. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
21) Waiver. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
22) Language. This Agreement is in the English language only, which language shall be controlling in all respects, and all versions of this Agreement in any other language shall be for accommodation only and shall not be binding on you or Intel. All communications and notices made or given pursuant to this
Agreement, and all documentation and support to be provided, unless otherwise noted, shall be in the
English language.
EXHIBIT A
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Privacy Requirements for Applications and Components using the Intel® Context Sensing SDK: What
Developers Should Know
Purpose
This document sets forth Intel’s privacy and security requirements which apply to Your use of the
Materials. Nothing in this document should be interpreted as legal advice. You are solely responsible to ensure that your use of the Materials (including any Applications and/or Components you develop using the Materials) is in compliance with all applicable laws, regulations and standards. Compliance with international privacy standards, laws and regulations can be complicated. If any applicable law, regulation or standard is more stringent than the requirements and recommendations contained herein, the law/regulation/standard controls.
Intel may investigate alleged violations and take all appropriate actions, in its sole discretion, to enforce these terms. Without limiting the foregoing, failure to comply with the requirements constitutes a breach of the Agreement and may lead to termination of the rights and licenses granted herein.
If you have any question about applicable laws, regulations or standards, you should seek competent legal counsel. Ultimately, compliance is your obligation.
Privacy Requirements
You are required to include the following in Applications you create using the Materials:
1) Notice and Opt-In for End Users. If your Application collects, uses, or shares any personal information, the end user must be notified:
• what is being collected or used;
• for what specific purpose or purposes the information is being collected; and
• whether the information will be shared with Intel or anyone else.
End Users must affirmatively opt-in to such collection and use prior to Your collection of the information.
Definitions of personal information may vary in different countries. You should use a very broad interpretation of this term to include any information that directly or indirectly relates to an identifiable individual. Examples can include: Images, voice, location, name, address, birthday, gender, logged activities, survey responses, etc.
Further, most jurisdictions recognize that particular types of personal information are more sensitive than others (e.g. biometrics, children's personal information, financial information, etc.) and, therefore, apply heightened standards to "sensitive personal information." You must also comply with applicable laws, standards and regulations pertaining to sensitive personal information, if applicable.
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Intel® Integrated Native Developer Experience 2015
2) Use Limitation. Personal information may only be used for the purpose described in the notice You provided to the end user. If you wish to use personal information for a different purpose, You must notify the end user and obtain consent prior to any such use.
3) Data Storage, Transmission and Destruction. Storage, transmission and destruction of personal information should be performed using industry standard reasonable security measures. Personal information should be destroyed (or securely discarded) when no longer needed for the purpose for which it was collected. You must provide each user with a means to request deletion of the information you collect, and you must comply with such request. If your Application shares any end user information with Intel through the use of the Intel Context APIs, you must inform Your end users that
Intel will regularly purge such data so that it retains no more than 6 months of an end user’s data.
Return to Legal Information start
Intel Proprietary License group 3 covers the following items:
Media SDK for Windows*
Media RAW Accelerator for Windows*
Intel® Threading Building Blocks
Intel® Integrated Native Developer Experience
OpenCL
TM
Code Builder & Analyzer
Tamper Protection
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
Do not copy, install, distribute, publicly display, or use the Materials (as defined below) provided under this license agreement ("Agreement") until you
(“You” or “Your”) have carefully read and agreed to the following terms and conditions.
This Agreement forms a legally binding contract between You and Intel Corporation
(“Intel”) regarding Your use of the Materials. By copying, installing, distributing, publicly displaying, or otherwise using the Materials, You agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, do not copy, install, distribute, publicly display, or use the
Materials.
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" will mean such entity.
Third Party Programs (as defined below), even if included with the distribution of the Materials, are governed by separate third party license terms, including without limitation, open source software license terms. Such third party license terms (and not this Agreement) govern Your use of the Third
Party Programs, and Intel is not liable for the Third Party Programs.
Intel® Integrated Native Developer Experience 2015
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End User License Agreement for the Intel(R) Software Development Products
(Version March 2015)
1. LICENSE DEFINITIONS:
A.
“Confidential Information” means all Materials (as defined below), including without limitation, any Pre-
Release Materials, that are identified (in the product release notes, on Intel’s download website for the Materials or elsewhere) or labeled as Intel confidential information or a similar legend.
B.
“Excluded License” means a license that requires, as a condition of use, modification, or distribution, that the licensed software or other software incorporated into, derived from or distributed with such software (a) be disclosed or distributed in Source Code form; (b) be licensed by the user to third parties for the purpose of making and/or distributing derivative works; or (c) be redistributable at no charge. Excluded Licenses include, without limitation, licenses that license or distribute software under any of the following licenses or distribution models, or licenses or distribution models substantially similar to any of the following: (a)
GNU’s General Public License (GPL) or Lesser/Library GPL (LGPL), (b) the Artistic License
(e.g., PERL), (c) the Mozilla Public License, (d) the Netscape Public License, (e) the Sun
Community Source License (SCSL), (f) the Sun Industry Source License (SISL), and (g) the
Common Public License (CPL).
C. "IPP Sample Source" is the Source Code file(s) that: (i) demonstrates certain limited functions included in the binary libraries of the Intel(R) Integrated Performance Primitives
(“Intel(R) IPP”); (ii) is identified as Intel IPP sample source code; (iii) is obtained separately from Intel after You register Your copy of the Intel(R) IPP product with Intel; and (iv) is subject to all of the terms and conditions of this Agreement.
D.
“Licensed Patent Claims” means the claims of Intel’s patents that are necessarily and directly infringed by the reproduction and distribution of the Materials that is authorized in Section 2 below, when the Materials is in its unmodified form as delivered by Intel to You and not modified or combined with anything else. Licensed Patent Claims are only those claims that
Intel can license without paying, or getting the consent of, a third party.
E. "Materials" are defined as the software, documentation, the software product serial number and license key codes (if applicable), and other materials, including any modifications, updates and upgrades thereto, that are provided to You under this Agreement. Materials also include any Redistributables, Source Code, and Pre-Release Materials, as defined below but do not include Third Party Programs.
F.
“Microsoft Platforms” means any current and future Microsoft operating system products,
Microsoft run-time technologies (such as the .NET Framework), and Microsoft application platforms (such as Microsoft Office or Microsoft Dynamics) that Microsoft offers.
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G. "Redistributables" are the files listed in the following text files that may be included in the
Materials for the applicable Intel Software Development Product: clredist.txt, credist.txt, fredist.txt, redist.txt, and redist-rt.txt.
H.
“Sample Source Code” is those portions of the Materials that are Source Code files and are identified as sample source code, including without limitation, the IPP Sample Source.
I.
“Source Code” is defined as the software (and not documentation or text) portion of the
Materials provided in human readable format, and includes modifications that You make or are made on Your behalf as expressly permitted under the terms of this Agreement.
J.
“Third Party Programs” (if any) are the files listed in the “third-party-programs.txt” text file that may be included in the Materials for the applicable software.
K.
“Your Product” means one or more applications or products developed by or for You using the Materials.
2. CONSENT. You agree that Intel, its subsidiaries or suppliers may collect and use technical and related information, including but not limited to the software product serial number, 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 Materials, and to verify compliance with the terms of this
Agreement. Intel may use this information, as long as it is in a form that does not personally identify You, to improve our products or to develop and provide services or technologies.
3. LICENSE GRANT:
3.1 Subject to the terms and conditions of this Agreement, and timely payment of any fees (if applicable), Intel grants You a non-exclusive, worldwide, perpetual, non-assignable (except as expressly permitted hereunder), limited right and license:
A. under its copyrights, to:
(1) reproduce internally copies of the Materials for your internal use in accordance with the applicable license rights and restrictions specified in Section 4.D below; provided, however, that this license does not include the right to sublicense and may only be exercised by You or Your employees and only within Your facilities;
(2) use the Materials solely for Your internal use to develop Your Product, in accordance with the applicable license rights and restrictions specified in Section 4.D below and the documentation or text files included as part of the Materials; provided, however, that this license does not include the right to sublicense and may only be exercised by You or Your employees and only within Your facilities;
Intel® Integrated Native Developer Experience 2015
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(3) modify or create derivative works of the Materials, or any portions thereof, that are provided in Source Code form, provided, however, that this license does not include the right to sublicense and may be exercised only by You or Your employees and only within Your facilities;
(4) publicly perform, display, and distribute (directly and through Your distributors, resellers and other channel partners) or otherwise make publicly available the
Redistributables, including any modifications to or derivative works of the Redistributables made pursuant to Section 3.1.A(3), or any portions thereof, subject to the following restrictions:
(i) any distribution of the Redistributables must only be as part of Your Product which must add significantly more functionality than the Redistributables themselves;
(ii) any additional restrictions which may appear in the Redistributables text files specified in Section 1.G above and in Section 4 below; and
(iii) the license under Section 3.1.A(4) includes the right to sublicense the
Redistributables, but the sublicense rights are limited to sublicensing of any Intel copyrights in the Redistributables and only to the extent necessary to perform, display, and distribute the Redistributables (including Your modifications and derivative works thereto) solely as incorporated in Your Product. IF YOU RECEIVED
THE MATERIALS FOR EVALUATION, HOWEVER, YOU HAVE NO RIGHTS TO
DISTRIBUTE THE REDISTRIBUTABLES, INCLUDING WITHOUT LIMITATION,
ANY PORTIONS, MODIFICATIONS OR DERIVATIVE WORKS.
; and
B. under Intel’s Licensed Patent Claims, to:
(1) make copies of the Materials internally only;
(2) use the Materials internally only; and
(3) offer to distribute, and distribute, but not sell, the Redistributables only as part of Your
Product, under Intel’s copyright license granted in Section 3.1(A), but only under the terms of that copyright license and not as a sale (but this right does not include the right to sub-license);
(4) provided, further, that the license under the Licensed Patent Claims does not and will not apply to any modifications to, or derivative works of, the Materials, whether made by You,
Your customer (which, for all purposes under this Agreement, will mean either a customer, reseller, distributor or other channel partner), or any third party even if the modification and derivative works are permitted under 3.1(A)(3).
3.2 If the Materials You receive are packaged, as a single orderable item (i.e., as a single SKU), with hardware that includes one or more Intel manufactured microprocessors
(“Intel Target
Hardware”), then the licenses granted in Section 3.1 above are restricted to the sole purpose of producing and releasing Your Product to execute on computer systems that include the same or new versions of the Intel manufactured microprocessor included in the Intel Target
Hardware.
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Intel expressly does not grant You a patent license in this Agreement to any modifications or derivative works of the Materials, whether made by You, Your contractor, Your customer, or any other third party in creating the derivative works even to the extent creation of derivative works is permitted under Section 3.1(A)(3) above.
4. LICENSE CONDITIONS:
A. If You are an entity, each of Your employees and Your contractors may use the
Materials as specified in Section 3 above, provided: (i) their use of the Materials is solely on behalf of and in support of Your business, (ii) they agree to the terms and conditions of this Agreement, and (iii) You are solely responsible for their use of the Materials.
B. If Your Product is a software development library, then attribution (if any), as specified in the product release notes of the corresponding Materials shall be displayed prominently in Your Product’s associated documentation and on the web site (if any) for Your
Product.
C. If You receive Your first copy of the Materials electronically, and a second copy on media, then you may use the second copy only in accordance with Your applicable license stated in this Agreement, or for backup or archival purposes. You may not provide the second copy to another user.
D. Except as expressly provided in this Agreement, You may NOT: (i) use, copy, distribute, or publicly display the Materials; (ii) rent or lease the Materials to any third party; (iii) assign this Agreement or transfer the Materials; (iv) modify, adapt, or translate the
Materials in whole or in part; (v) reverse engineer, decompile, or disassemble the
Materials; (vi) attempt to modify or tamper with the normal function of any license manager that may regulate usage of the Materials; (vii) distribute, sublicense or transfer the Source Code form of any components of the Materials or derivatives thereof to any third party; (viii) distribute Redistributables except as part of a larger program that adds significant primary functionality different from that of the Redistributables; (ix) distribute the Redistributables to run on a platform other than a Microsoft Platform if according to the accompanying user documentation the Materials are meant to execute only on a
Microsoft Platform; (x) include the Redistributables in malicious, deceptive, or unlawful programs or products; or (xi) modify, create a derivative work, link, or distribute the
Materials so that any part of it becomes subject to an Excluded License.
E. The scope and term of Your license depends on the type of license You are provided by
Intel. The variety of license types are set forth below, which may not be available for all
"Intel(R) Software Development Products" and therefore may not apply to the particular
Materials You are licensing. For more information on the types of licenses, please contact
Intel or Your sales representative.
Intel® Integrated Native Developer Experience 2015
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i.
PRE-RELEASE LICENSE: If the Materials, or portions thereof, are identified (in the product release notes, on Intel’s download website for the Materials or elsewhere) or labeled as pre-release
(“Pre-Release Materials”), (a) the Pre-
Release Materials are deemed to be pre-release code (e.g., alpha or beta release, etc.), which may not be fully functional and which Intel may substantially modify in development of a commercial version, and for which Intel makes no assurances that it will ever develop or make generally available a commercial version, and (b) You have the right to use the Pre-Release Materials only for the duration of the pre-release term, which is specified in the product release notes, on Intel’s download website for the Materials or elsewhere, or until the commercial release, if any, of the Pre-Release Materials, whichever is shorter, and (c) Your right to use the Pre-Release Material is also restricted to the license type (i.e., Evaluation License, Named-User License, Floating License, specified below) issued to You for the Pre-Release Materials. ii.
EVALUATION LICENSE: If You obtained the Materials pursuant to an evaluation license, You may use the Materials only for internal evaluation purposes and only for the term of the evaluation period, as specified on Intel’s download website or which may be controlled by the license key for the Materials. NOTWITHSTANDING ANYTHING TO THE
CONTRARY ELSEWHERE IN THIS AGREEMENT, YOU MAY NOT DISTRIBUTE ANY PORTION OF THE
MATERIALS, AND THE APPLICATION AND/OR PRODUCT DEVELOPED BY YOU MAY ONLY BE USED FOR
EVALUATION PURPOSES AND ONLY FOR THE TERM OF THE EVALUATION. You may install copies of the
Materials on a reasonable number of computers to conduct Your evaluation provided that You are the only individual using the Materials and only one copy of the Materials is in use at any one time. A separate license key is required for each additional use and/or individual user in all other cases, including without limitation, use by persons, computer systems, and other use methods known now and in the future. Intel may provide You with a license key that enables the Materials for an evaluation license. If You are an entity, Intel grants You the right to designate one individual within Your organization to have the sole right to use the Materials in the manner provided above. iii.
NONCOMMERCIAL USE LICENSE: If You obtained the Materials under a noncommercial use license, You may use the Materials only for non-commercial use where You receive no fee, salary or any other form of compensation.
The Materials may not be used for any other purpose, whether "for profit" or "not for profit." Any work performed or produced as a result of use of the Materials cannot be performed or produced for the benefit of other parties for a fee, compensation or any other reimbursement or remuneration. You may install copies of the Materials on an unlimited number of computers provided that You are the only individual using the Materials and only one copy of the
Materials is in use at any one time. A separate license is required for each additional use and/or individual user in all other cases, including without limitation, use by persons, computer systems, and other methods of use known now and in the future. Intel will provide You with a license key that enables the Materials for a noncommercial-use license. If You obtained a time-limited noncommercial-use license, the duration (time period) of Your license and
Your ability to use the Materials is limited to the time period of the obtained license, which is specified on Intel’s download website, specified in the applicable documentation or controlled by the license key for the Materials. iv.
NAMED-USER LICENSE: If You obtained the Materials under a named-user license, You may allow only one (1) individual to install and use the Materials on no more than three (3) computers provided that same individual is using the Materials only on one (1) computer at a time. If You obtained a time-limited named-user license, the term of Your license and your ability to use the Materials is limited to the time period of the obtained license, which is specified on
Intel’s download website, specified in the applicable documentation or controlled by the license key for the Materials. v.
NODE-LOCKED LICENSE: If You obtained the Materials under a node-locked license, You may use the Materials only on a single designated computer by no more than the authorized number of concurrent users. If You obtained a time-limited node-locked license, the term of Your license and Your ability to use the Materials is limited to the time period of the obtained license, which is specified on Intel’s download website, specified in the applicable documentation or controlled by the license key for the Materials. vi.
FLOATING LICENSE: If You obtained the Materials under a floating license, you may (a) install the Materials on an unlimited number of computers that are connected to the designated network and (b) use the Material by no more than the authorized number of concurrent individual users. If You obtained a time-limited Floating license key, the term of Your license and Your ability to use the Materials is limited to the time period of the obtained license, which is specified on Intel’s download website, specified in the applicable documentation or controlled by the license key for the Materials.
F. DISTRIBUTION: Distribution of the Redistributables is also subject to the following limitations: You (i) will be solely responsible to Your customers for any update, support obligation or other liability which may arise from the distribution, (ii) will not make any statement that Your Product is "certified" or that its performance is guaranteed by Intel, (iii)
Intel® Integrated Native Developer Experience 2015
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will not use Intel's name or trademarks to market Your Product without written permission from Intel, (iv) will provide a license agreement with distribution of the Redistributables that prohibits disassembly and reverse engineering of the Redistributables, (v) will indemnify, hold harmless, and defend Intel and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from Your modifications, derivative works or
Your distribution of Your Product.
G. INTEL(R) INTEGRATED PERFORMANCE PRIMITIVES (
“INTEL IPP”). The following terms and conditions apply only to the Intel IPP. i.
Notwithstanding anything in this Agreement to the contrary, if You implement Intel IPP
Sample Source Code in Your Product or if You use Intel IPP to implement algorithms that are the intellectual property of third parties, then you may need additional licenses from such entities. Should any such additional licenses be required, You are solely responsible for obtaining any such licenses and agree to obtain any such licenses at
Your own expense. ii.
Notwithstanding anything herein to the contrary, a valid license to Intel IPP is a prerequisite to any license for Intel IPP Sample Source Code, and possession of Intel
IPP Sample Source Code does not grant any license to Intel IPP (or any portion thereof).
To access Intel IPP Sample Source Code, You must first register Your licensed copy of the Intel IPP with Intel. By downloading, installing or copying any Intel IPP Sample
Source Code file, You agree to be bound by terms of this Agreement.
H. MEDIA FORMAT CODECS AND DIGITAL RIGHTS MANAGEMENT. You acknowledge and agree that your use of the Materials or distribution of the Materials with Your Product as permitted by this license may require you to procure license(s) from one or more third parties that may hold intellectual property rights applicable to any media decoding, encoding or transcoding technology (such as, for example, through use of an audio or video codec) and/or digital rights management capabilities of the Materials, if any. Should any such additional licenses be required, You are solely responsible for obtaining any such licenses and agree to obtain any such licenses at Your own expense.
I. MATERIALS TRANSFER: Except for the Pre-Release Licenses or Evaluation Licenses or
Non-Commercial Licenses, as specified above, You may permanently transfer the Materials you received pursuant to a license type listed in Section 4(D) above, and all of Your rights under this Agreement, to another party (“Recipient”) solely in conjunction with a change of ownership, merger, acquisition, sale or transfer of all or substantially all of Your business or assets, either voluntarily, by operation of law or otherwise subject to the following: You must notify Intel of the transfer by sending a letter to Intel (i) identifying the legal entities of
Recipient and You, (ii) identifying the Materials (i.e., the specific Intel software and version) and the associated serial numbers to be transferred, (iii) certifying that You retain no copies of the Materials or portions thereof, (iv) certifying that the Recipient has agreed in writing to be bound by all of the terms and conditions of this Agreement, (v) certifying that the
Recipient has been notified that in order to receive support from Intel for the Materials they must notify Intel in writing of the transfer and provide Intel with the information specified in subsection (ii) above along with the name and email address of the individual assigned to use the Materials, and (vi) providing Your email address so that Intel may confirm receipt of
Your letter. Please send such letter to:
Intel Corporation
Intel® Integrated Native Developer Experience 2015
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2111 NE 25 th
Avenue
Hillsboro, OR 97124
Attn: DPD Contracts Management, JF1-15
5. PRIVACY:
A. Data Collection: Intel has collected or will collect certain personal information from You in order to inform You of updates to the Materials, based on the personal information collected when You registered the license to the Materials with Intel.
B. Revoking Consent to Data Collection: You can revoke Your consent to this collection of personal information at any time by clicking on the link to “unsubscribe” at the bottom of any communication from Intel related to the Materials which will allow You to opt-out of receiving future messages related to the Materials.
C.
Intel’s Privacy Notice: Intel is committed to respecting Your privacy. To learn more about
Intel’s privacy practices, please visit http://www.intel.com/privacy .
6. OWNERSHIP: Title to the Materials and all copies thereof remain with Intel or its suppliers. The
Materials are protected by intellectual property rights, including without limitation, United States copyright laws and international treaty provisions. You will not remove any copyright or other proprietary notice from the Materials. You agree to prevent any unauthorized copying of the
Materials. Except as expressly provided herein, 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 secrets.
7. NO WARRANTY AND NO SUPPORT: Disclaimer. Intel disclaims all warranties of any kind
and the terms and remedies provided in this Agreement are instead of any other warranty or condition, express, implied or statutory, including those regarding merchantability, fitness for any particular purpose, non-infringement or any warranty arising out of any course of dealing, usage of trade, proposal, specification or sample. Intel does not
assume (and does not authorize any person to assume on its behalf) any other liability.
Intel may make changes to the Materials, or to items referenced therein, at any time without notice, but is not obligated to support, update or provide training for the Materials. Intel may in its sole discretion offer such support, update or training services under separate terms at Intel’s thencurrent rates. You may request additional information on Intel’s service offerings from an
Intel sales representative.
8. LIMITATION OF LIABILITY: Neither Intel nor its suppliers shall be liable for any damages
whatsoever (including, without limitation, damages for loss of business profits, business
interruption, loss of business information, or other loss) arising out of the use of or
inability to use the Materials, even if Intel has been advised of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not apply to you.
9. UNAUTHORIZED USE: The Materials are not designed, intended, or authorized for use in
any type of a system or application in which the failure of the Materials could create a situation where personal injury or death may occur (e.g., medical systems, life sustaining
or lifesaving systems). Should You use the Materials for any such unintended or unauthorized use, You hereby indemnify, defend, and hold Intel and its officers, subsidiaries and affiliates
Intel® Integrated Native Developer Experience 2015
27
harmless against all claims, costs, damages, expenses, and reasonable attorney fees arising out of, directly or indirectly, such use and 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 Materials.
10. USER SUBMISSIONS: This Agreement does not obligate You to provide Intel with materials, information, comments, suggestions or other communication regarding the Materials. However,
You agree that any material, information, comments, suggestions or other communication You transmit or post to an Intel website (including but not limited to, submissions to the Intel Premier
Support and/or other customer support websites or online portals) or provide to Intel under this
Agreement related to the features, functions, performance or use of the Materials are deemed non-confidential and non-proprietary ("Communications"). Intel will have no obligations with respect to the Communications. You hereby grant to Intel a non-exclusive, perpetual, irrevocable, royalty-free, copyright license to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense through multiple tiers of distribution and licensees, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein, including derivative works thereto, for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from an Intel website or provide to Intel any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. If You wish to provide Intel with information that You intend to be treated as confidential information, Intel requires that such confidential information be provided pursuant to a nondisclosure agreement (“NDA”), so please contact Your Intel representative to ensure the proper NDA is in place.
Nothing in this Agreement will be construed as preventing Intel from reviewing Your
Communications and errors or defects in Intel products discovered while reviewing Your
Communications. Furthermore, nothing in this Agreement will be construed as preventing
Intel from implementing independentlydeveloped enhancements to Intel’s own error diagnosis methodology to detect errors or defects in Intel products discovered while reviewing Your Communications or to implement bug fixes or enhancements in Intel products. The foregoing may include the right to include Your Communications in regression test suites.
11. NON-DISCLOSURE: The following provisions will apply if there is no existing non-disclosure agreement between You and Intel. You will maintain the confidentiality of the Confidential
Information (if any) with at least the same degree of care that You use to protect Your own confidential and proprietary information, but no less than a reasonable degree of care under the circumstances. You will not disclose the Confidential Information to any employees or to any third parties except to Your employees who have a need to know and who agree to abide by nondisclosure terms at least as comprehensive as those set forth herein; provided that You will be liable for breach by any such entity. For the purposes of this Agreement, the term “employee” will include Your independent contractors, who have signed confidentiality agreements with You.
You will not make any copies of the Confidential Information except as necessary for Your employees with a need to know. Any copies which are made will be identified as belonging to
Intel and marked “confidential”, “proprietary” or with similar legend. You will not be liable for the disclosure of any Confidential Information which is (a) generally made available publicly or to third parties by Intel without restriction on disclosure; (b) rightfully received from a third party without obligation of confidentiality; (c) rightfully known to You without any limitation on
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Intel® Integrated Native Developer Experience 2015
disclosure prior to Your receipt from Intel; (d) independently developed by Your employees; or
(e) required to be disclosed in accordance with applicable laws, regulations, court, judicial or other government order, provided that You will give Intel reasonable notice prior to such disclosure and will comply with any applicable protective order.
12. TERMINATION OF THIS LICENSE: This Agreement becomes effective on the date You accept this Agreement and will continue until terminated as provided for in this Agreement. If You are using the Materials under a time-limited license, for example an Evaluation License, this
Agreement terminates without notice on the last day of the time period, which is specified in the
Materials or on Intel’s website, and/or controlled by the license key code for the Materials. Intel may terminate this license immediately if You are in breach of any of its terms and conditions and such breach is not cured within thirty (30) days of written notice from Intel. Upon termination, You will immediately return to Intel or destroy the Materials and all copies thereof.
In the event of termination of this Agreement, the license grant to any Materials or
Redistributables distributed by You in accordance with the terms and conditions of this
Agreement, prior to the effective date of such termination, will survive any such termination of this Agreement. Sections 1, 5, 6, 7, 8, 9, 10, 11, 12, and 14 will survive expiration or termination of this Agreement.
13. U.S. GOVERNMENT RESTRICTED RIGHTS: The technical data and computer software covered by this license is a “Commercial Item,” as such term is defined by the FAR 2.101 (48
C.F.R. 2.101) and is “commercial computer software” and “commercial computer software documentation” as specified under FAR 12.212 (48 C.F.R. 12.212) or DFARS 227.7202 (48
C.F.R. 227.7202), as applicable. This commercial computer software and related documentation is provided to end users for use by and on behalf of the U.S. Government, with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Use for or on behalf of the U.S. Government is permitted only if the party acquiring or using this software is properly authorized by an appropriate U.S. Government official. This use by or for the U.S.
Government clause is in lieu of, and supersedes, any other FAR, DFARS, or other provision that addresses Government rights in the computer software or documentation covered by this license. All copyright licenses granted to the U.S. Government are coextensive with the technical data and computer software licenses granted herein. The U.S. Government will only have the right to reproduce, distribute, perform, display, and prepare derivative works as needed to implement those rights.
14. GENERAL PROVISIONS
A. ENTIRE AGREEMENT: This Agreement contains the complete and exclusive agreement and understanding between the parties concerning the subject matter of this Agreement, and supersedes all prior and contemporaneous proposals, agreements, understanding, negotiations, representations, warranties, conditions, and communications, oral or written, between the parties relating to the same subject matter. This Agreement, including without limitation its termination, has no effect on any signed non-disclosure agreements between the parties, which remain in full force and effect as separate agreements to their terms. Each party acknowledges and agrees that in entering into this Agreement it has not relied on, and will not be entitled to rely on, any oral or written representations, warranties, conditions, understanding, or communications between the parties that are not expressly set forth in this
Agreement. The express provisions of this Agreement control over any course of performance, course of dealing, or usage of the trade inconsistent with any of the provisions
Intel® Integrated Native Developer Experience 2015
29
of this Agreement. The provisions of this Agreement will prevail notwithstanding any different, conflicting, or additional provisions that may appear on any purchase order, acknowledgement, invoice, or other writing issued by either party in connection with this
Agreement. No modification or amendment to this Agreement will be effective unless in writing and signed by authorized representatives of each party, and must specifically identify t his Agreement by its title (e.g., “End User License Agreement for the Intel(R) software and version, i.e., March 2015). If You received a copy of this Agreement translated into another language, the English language version of this Agreement will prevail in the event of any conflict between versions.
B. EXPORT. You must comply with all laws and regulations of the United States and other countries governing the export, re-export, import, transfer, distribution, use, and servicing of
Software. In particular, You must not: (a) sell or transfer Software to a country subject to sanctions, or to any entity listed on a denial order published by the United States government or any other relevant government; or (b) use, sell, or transfer Software for the development, design, manufacture, or production of nuclear, missile, chemical or biological weapons, or for any other purpose prohibited by the United States government or other applicable government; without first obtaining all authorizations required by all applicable laws. For more details on Your export obligations, please http://www.intel.com/content/www/us/en/legal/export-compliance.html?wapkw=export . visit
C. GOVERNING LAW, JURISDICTION, AND VENUE: All disputes arising out of or related to this Agreement, whether based on contract, tort, or any other legal or equitable theory, will in all respects be governed by, and construed and interpreted under, the laws of the United
States of America and the State of Delaware, without reference to conflict of laws principles.
The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from and will not apply to this Agreement. All disputes arising out of or related to this Agreement, whether based on contract, tort, or any other legal or equitable theory, will be subject to the exclusive jurisdiction of the courts of the
State of Delaware or of the Federal courts sitting in that State. Each party submits to the personal jurisdiction of those courts and waives all objections to that jurisdiction and venue for those disputes.
D. SEVERABILITY: The parties intend that if a court holds that any provision or part of this
Agreement is invalid or unenforceable under applicable law, the court will modify the provision to the minimum extent necessary to make it valid and enforceable, or if it cannot be made valid and enforceable, the parties intend that the court will sever and delete the provision or part from this Agreement. Any change to or deletion of a provision or part of this
Agreement under this Section will not affect the validity or enforceability of the remainder of this Agreement, which will continue in full force and effect.
* Other names and brands may be claimed as the property of others
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Intel® Integrated Native Developer Experience 2015
30
Intel Proprietary License group 4 covers the following item:
Media for Mobile
Audio for Windows*
Intel® Integrated Performance Primitives
Intel® C++ Compiler for Android*
Intel® C++ Compiler for Windows*
Graphics Frame Analyzer
System Analyzer
Platform Analyzer
Graphics Frame Analyzer for OpenGL*
Debugger Extension for Android in Visual Studio*
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
Do not copy, install, distribute, public display, or use the Materials (as defined below) provided under this license agreement ("Agreement"), until you
(“You”) have carefully read the following terms and conditions.
By copying, installing, distributing, publicly displaying, or otherwise using the Materials, You agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, do not copy, install, distribute, publicly display, or use the Materials.
Third Party Programs (as defined below), even if included with the distribution of the Materials, are governed by separate third party license terms, including without limitation, open source software license terms. Such third party license terms (and not this Agreement) govern your use of the Third
Party Programs, and Intel is not liable for the Third Party Programs.
End User License Agreement for the Intel(R) Software Development Products
(Version August 2014)
15. LICENSE DEFINITIONS:
A. "Materials" are defined as the software, documentation, the software product serial number and license key codes (if applicable) and other materials, including any updates and upgrade thereto, that are provided to You under this Agreement. Materials also include the
Redistributables, and Sample Source as defined below. Materials exclude Third Party
Programs.
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Intel® Integrated Native Developer Experience 2015
B. "Redistributables" are the files listed in the following text files that may be included in the
Materials for the applicable Intel Software Development Product: clredist.txt, credist.txt, fredist.txt, redist.txt, redist-rt.txt.
C.
“Source Code” is defined as the Materials provided in human readable format, and includes modification that You make or are made on Your behalf, pursuant to this Agreement.
D.
“Sample Source” are Source Code files those portions of the Materials that are identified as sample source code, including without limitation, the IPP Sample Source.
E. "IPP Sample Source" is the Source Code file(s) that: (i) demonstrate certain limited functions included in the binary libraries of the Intel(R)
Integrated Performance Primitives (“Intel(R)
IPP”); (ii) are identified as Intel IPP sample source code; (iii) are obtained separately from
Intel after You register Your copy of the Intel(R) IPP product with Intel; and (iv) are subject to all of the terms and conditions of this Agreement.
F.
“Microsoft Platform” means any current and future Microsoft operating system products,
Microsoft run-time technologies (such as the .NET Framework), and Microsoft application platforms (such as Microsoft Office or Microsoft Dynamics) that Microsoft offers.
G.
“Licensed Patent Claims” means the claims of Intel’s patents that are necessarily and directly infringed by the reproduction and distribution of the Materials that is authorized in Section 2 below, when the Materials is in its unmodified form as delivered by Intel to You and not modified or combined with anything else. Licensed Patent Claims are only those claims that
Intel can license without paying, or getting the consent of, a third party.
H.
“Your Product” means one or more application or product developed by or for You using the
Materials.
I.
“Third Party Programs” (if any) are the files listed in the following text file that may be included in the Materials for the applicable Intel Software Development Product: “third-partyprograms.txt”.
16. LICENSE GRANT:
2.1 Subject to Your timely payment of the applicable fees, if any, and compliance with all of the terms and conditions of this Agreement, Intel Corporation ("Intel") grants to You a non-exclusive, non-transferable (except as expressly permitted hereunder), limited right and license:
A. under Intel’s copyrights, to:
(1) use the Materials solely for Your internal use to develop Your Product, in accordance with the applicable license rights and restrictions as specified in Section 3.D below, provided however, this license does not include the right to sublicense and may only be exercised by
You or Your employees and only within Your facilities.
Intel® Integrated Native Developer Experience 2015
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(2) modify the Materials, or any portions thereof, that are (i) provided in Source Code form or, (ii) are defined as Redistributables and are provided in text form, provided this license may be exercised only by You or Your employees and only within Your facilities.
(3) publicly perform, display and distribute (directly and through distributors, resellers and other channel partners) or otherwise make publicly available the Redistributables, including any modifications to the Redistributables made pursuant to Section 2.1.A(2), or any portions thereof, subject to the following restrictions:
(i) any distribution of the Redistributables must only be as part of Your Product which must add significantly more functionality than the Redistributables themselves;
(ii) any additional restrictions which may appear in the Redistributables text files specified in Section 1.B above and in Section 3 below; and
(iii) the license under Section 2.1.A(3) includes the right to sublicense, but the sublicense rights are limited to sublicensing of any Intel copyrights in the Materials and only to the extent necessary to perform, display and distribute the
Redistributables (including Your modifications thereto) solely as incorporated in Your
Product, and without the right of Your sublicensees to grant further sublicenses; and
B. under Intel’s Licensed Patent Claims, to:
(1) make copies of the Materials internally only;
(2) use the Materials internally only; and
(3) offer to distribute, and distribute, but not sell, the Redistributables only as part of Your
Product, under Intel’s copyright license granted in Section 2.1(A), but only under the terms of that copyright license and not as a sale (but this right does not include the right to sub-license); and provided, further, that the license under the Licensed Patent Claims does not and will not apply to any modifications to, or derivative works of, the Materials, whether made by You, Your customer (which, for all purposes under this Agreement, will mean either a customer or a distributor), or any third party even if the modification and derivative works are permitted under 2.1(A)(2)).
2.2 If the Materials You receive are packaged, as a single orderable item (i.e., as a single SKU), with hardware that includes one or more Intel manufactured microprocessors
(“Intel Target
Hardware”), then the licenses granted in Section 2.1 above are restricted to the sole purpose of producing and releasing Your Product to execute on computer systems that include the same or new versions of the Intel manufactured microprocessor included in the Intel Target
Hardware.
17. LICENSE CONDITIONS:
A. If Your Product is a software development library, then attribution (if any), as specified in the product release notes of the corresponding Materials shall be displayed prominently in Your Product’s associated documentation and on the web site (if any) for Your
Product.
Intel® Integrated Native Developer Experience 2015
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B. If You receive Your first copy of the Materials electronically, and a second copy on media, then you may use the second copy only in accordance with Your applicable license stated in this Agreement, or for backup or archival purposes. You may not provide the second copy to another user.
C. You may NOT: (i) use, copy, distribute, or publicly perform or display the Materials except as provided in this Agreement; (ii) rent or lease the Materials to any third party;
(iii) assign this Agreement or transfer the Materials without the express written consent of Intel; (iv) modify, adapt, or translate the Materials in whole or in part except as provided in this Agreement; (v) reverse engineer, decompile, or disassemble the
Materials; (vi) attempt to modify or tamper with the normal function of a license manager that regulates usage of the Materials; (vii) distribute, sublicense or transfer the Source
Code form of any components of the Materials or derivatives thereof to any third party except as provided in this Agreement; (viii) distribute Redistributables except as part of a larger program that adds significant primary functionality different from that of the
Redistributables; (ix) distribute the Redistributables to run on a platform other than a
Microsoft Platform if per the accompanying user documentation the Materials are meant to execute only on a Microsoft Platform; (x) include the Redistributables in malicious, deceptive, or unlawful programs; or (xi) modify, link, or distribute the Materials so that any part of it becomes subject to an Excluded License. An “Excluded License” is one that requires, as a condition of use, modification, or distribution, that the licensed software or other software incorporated into, derived from or distributed with such software (a) be disclosed or distributed in Source Code form; (b) be licensed by the user to third parties for the purpose of making and/or distributing derivative works; or (c) be redistributable at no charge. Open source software includes, without limitation, software licensed or distributed under any of the following licenses or distribution models, or licenses or di stribution models substantially similar to any of the following: (a) GNU’s
General Public License (GPL) or Lesser/Library GPL (LGPL), (b) the Artistic License
(e.g., PERL), (c) the Mozilla Public License, (d) the Netscape Public License, (e) the Sun
Community Source License (SCSL), (f) the Sun Industry Source License (SISL), and (g) the Common Public License (CPL).
D. The scope and term of Your license depends on the type of license You are provided by
Intel. The variety of license types are set forth below, which may not be available for all
"Intel(R) Software Development Products" and therefore may not apply to the Materials. For more information on the types of licenses, please contact Intel or Your sales representative. i.
PRE-RELEASE LICENSE: If the Materials, or portions thereof, are identified (in the product release notes, on Intel’s download website for the Materials or elsewhere) or labeled as pre-release
(“Pre-Release Materials”), (a) the Pre-
Release Materials are deemed to be pre-release code (e.g., alpha or beta release, etc.), which may not be fully functional and which Intel may substantially modify in development of a commercial version, and for which Intel makes no assurances that it will ever develop or make generally available a commercial version, and (b) You have the right to use the Pre-Release Materials only for the duration of the pre-release term, which is specified in the product release notes, on Intel’s download website for the Materials or elsewhere, or until the commercial release, if any, of the Pre-Release Materials, whichever is shorter. You may install copies of the Pre-Release Materials on an unlimited number of computers provided that You are the only individual using the Pre-Release Materials and only one copy of the Pre-Release Materials is in use at any one time. A separate license is required for each additional use and/or individual user in all other cases, including without limitation, use by persons, computer systems, and
Intel® Integrated Native Developer Experience 2015
34
other use methods known now and in the future. If You are an entity, Intel grants You the right to designate one individual within Your organization to have the sole right to use the Pre-Release Materials in the manner specified provided above. ii.
EVALUATION LICENSE: If You use the Materials pursuant to an evaluation license, You may use the Materials only for internal evaluation purposes and only for the term of the evaluation period, as specified on Intel’s download website or which may be controlled by the license key for the Materials. NOTWITHSTANDING ANYTHING TO THE
CONTRARY ELSEWHERE IN THIS AGREEMENT, YOU MAY NOT DISTRIBUTE ANY PORTION OF THE
MATERIALS, AND THE APPLICATION AND/OR PRODUCT DEVELOPED BY YOU MAY ONLY BE USED FOR
EVALUATION PURPOSES AND ONLY FOR THE TERM OF THE EVALUATION. You may install copies of the
Materials on a reasonable number of computers to conduct Your evaluation provided that You are the only individual using the Materials and only one copy of the Materials is in use at any one time. A separate license key is required for each additional use and/or individual user in all other cases, including without limitation, use by persons, computer systems, and other use methods known now and in the future. Intel may provide You with a license key that enables the Materials for an evaluation license. If You are an entity, Intel grants You the right to designate one individual within Your organization to have the sole right to use the Materials in the manner provided above. iii.
NONCOMMERCIAL-USE LICENSE: If You are using the Materials under a noncommercial-use license key, You may use the Materials only for non-commercial use where You receive no fee, salary or any other form of compensation. The Materials may not be used for any other purpose, whether "for profit" or "not for profit." Any work performed or produced as a result of use of the Materials cannot be performed or produced for the benefit of other parties for a fee, compensation or any other reimbursement or remuneration. You may install copies of the
Materials on an unlimited number of computers provided that You are the only individual using the Materials and only one copy of the Materials is in use at any one time. A separate license is required for each additional use and/or individual user in all other cases, including without limitation, use by persons, computer systems, and other methods of use known now and in the future. Intel will provide You with a license key that enables the Materials for a noncommercial-use license. If You obtained a time-limited noncommercial-use license key, the duration (time period) of Your license and Your ability to use the Materials is limited to the time period of the obtained license, which are specified on Intel’s download website or controlled by the license key for the Materials. If You are an entity, Intel grants You the right to designate one individual within Your organization to have the sole right to use the Materials in the manner provided above. iv.
NAMED-USER LICENSE: If You are using the Materials under a named-user license key, You as an individual may install and use the Materials on an unlimited number of computers provided that You are the only individual using the
Materials and only one copy of the Materials is in use at any one time. A separate license key is required for each additional use and/or individual user in all other cases, including without limitation, use by persons, computer systems, and other methods of use known now and in the future. Intel will provide you with a license key that enables the Materials for a named-user license. If You obtained a time-limited named-user license, the term of Your license and your ability to use the Materials is limited to the specified time period, which is controlled by the license key for the Materials. If you are an entity, Intel grants You the right to designate one individual within your organization to have the sole right to use the Materials in the manner provided above. v.
NODE-LOCKED LICENSE: If You are using the Materials under a node-locked license key, You may use the
Materials only on a single designated computer by no more than the authorized number of concurrent users. A separate license key is required for each additional concurrent user and use, and/or computer systems in all other cases, including without limitation, use by persons, computer systems, and other methods of use known now and in the future. Intel will provide You with a license key that enables the Materials for a Node-Locked license up to the authorized number of concurrent users. If You obtained a time-limited node-locked license key, the term of Your license and Your ability to use the Materials is limited to the specified time, which is controlled by the license key for the Materials. vi.
FLOATING LICENSE: If You are using the Materials under a floating license key, you may (a) install the Materials on an unlimited number of computers that are connected to the designated network and (b) use the Material by no more than the authorized number of concurrent individual users. A separate license key is required for each additional concurrent individual user and each additional use by a computer system and/or network on which the Materials are used. You understand that You must obtain a separate license key for every and any use of the Materials under a floating license, regardless of whether such use is, without limitation, by persons, computer systems, and other methods of use known now and in the future. Intel will provide You with a license key that enables the Materials for a floating license up to the authorized number of concurrent users. If You obtained a time-limited Floating license key, the duration (time period) of Your license and Your ability to use the Materials is limited to the time period of the obtained license, which is controlled by the license key for the Materials.
Intel® Integrated Native Developer Experience 2015
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E. DISTRIBUTION: Distribution of the Redistributables is also subject to the following limitations: You (i) shall be solely responsible to Your customers for any update or support obligation or other liability which may arise from the distribution, (ii) shall not make any statement that Your Product is "certified", or that its performance is guaranteed, by Intel, (iii) shall not use Intel's name or trademarks to market Your Product without written permission,
(iv) shall use a license agreement that prohibits disassembly and reverse engineering of the
Redistributables, (v) shall indemnify, hold harmless, and defend Intel and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from Your distribution of Your Product.
F. INTEL(R) INTEGRATED PERFORMANCE PRIMITIVES (INTEL(R) IPP). The following terms and conditions apply only to the Intel IPP. i.
Notwithstanding anything in this Agreement to the contrary, if You implement the IPP
Sample Sources in Your Product or if You use Intel IPP to implement algorithms that are protected by others’ licenses then you may need additional licenses from various entities. Should any such additional licenses be required, You are solely responsible for obtaining any such licenses and agree to obtain any such licenses at Your own expense. ii.
Notwithstanding anything herein to the contrary, a valid license to Intel IPP is a prerequisite to any license for IPP Sample Source, and possession of IPP Sample
Source does not grant any license to Intel IPP (or any portion thereof). To access IPP
Sample Source, You must first register Your licensed copy of the Intel IPP with Intel. By downloading, installing or copying any IPP Sample Source file, You agree to be bound by terms of this Agreement.
G. MEDIA FORMAT CODECS AND DIGITAL RIGHTS MANAGEMENT. You acknowledge and agree that your use of the Materials or distribution of the Materials with Your Product as permitted by this license may require you to procure license(s) from one or more third parties that may hold intellectual property rights applicable to any media decoding, encoding or transcoding technology (such as, for example, through use of an audio or video codec) and/or digital rights management capabilities of the Materials, if any. Should any such additional licenses be required, You are solely responsible for obtaining any such licenses and agree to obtain any such licenses at Your own expense.
H. MATERIALS TRANSFER: Except for the Pre-Release Licenses or Evaluation Licenses or
Non-Commercial Licenses, as specified above, You may permanently transfer the Materials you received pursuant to a license type listed in Section 3(C) above, and all of Your rights under this Agreement, to another party (“Recipient”) solely in conjunction with a change of ownership, merger, acquisition, sale or transfer of all, substantially all or any part of Your business or assets or otherwise, either voluntarily, by operation of law of otherwise subject to the following: You must notify Intel of the transfer by sending a letter to Intel (i) identifying the legal entities of Recipient and You, (ii) identifying the Materials (i.e., the specific Intel software products) and the associated serial numbers to be transferred, (iii) certifying that
You retain no copies of the Materials or portions thereof, (iv) certifying that the Recipient has agreed in writing to be bound by all of the terms and conditions of this Agreement, (v) certifying that the Recipient has been notified that in order to receive support from Intel for the Materials they must notify Intel in writing of the transfer and provide Intel with the information specified in subsection (ii) above along with the name and email address of the individual assigned to use the Materials, and (vi) providing Your email address so that Intel may confirm receipt of Your letter. Please send such letter to:
Intel® Integrated Native Developer Experience 2015
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Intel Corporation
2111 NE 25 th
Avenue
Hillsboro, OR 97124
Attn: DPD Contracts Management, JF1-15
18. PRIVACY:
A. Data Collection: Intel has collected or may collect certain personal information from You in order to inform You of updates to the Materials, based on the personal information collected when You register the Product license with Intel.
B. Revoking Consent to Data Collection: You can revoke your consent to this collection of personal information at any time by clicking on the link to “unsubscribe” at the bottom of any communication from Intel related to the Materials which will allow You to opt-out of receiving future messages related to the Materials.
C.
Intel’s Privacy Notice: Intel is committed to respecting Your privacy. To learn more about
Intel’s privacy practices, please visit http://www.intel.com/privacy .
19. COPYRIGHT: Title to the Materials, modifications thereto provided by Intel and all copies thereof remain with Intel or its suppliers. The Materials are protected by intellectual property rights, including without limitation, United States copyright laws and international treaty provisions. You will not remove any copyright or other proprietary notice from the Materials. You agree to prevent any unauthorized copying of the Materials. Except as expressly provided herein, 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 secrets.
20. NO WARRANTY, NO SUPPORT AND LIMITED REPLACEMENT: THE MATERIALS AND
INFORMATION ARE PROVIDED "AS IS" WITH NO WARRANTIES, EXPRESS OR IMPLIED.
INTEL SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS,
OR ANY WARRANTY OTHERWISE ARISING OUT OF ANY PROPOSAL, SPECIFICATION,
OR SAMPLE. If the media on which the Materials are furnished are found to be defective in material or workmanship under normal use for a period of ninety (90) days from the date of receipt, Intel's entire liability and Your exclusive remedy shall be the replacement of the media.
This offer is void if the media defect results from accident, abuse, or misapplication.
Intel may make changes to the Materials, or to items referenced therein, at any time without notice, but is not obligated to support, update or provide training for the Materials. Intel may in its sole discretion offer such support, update or training services under separate terms at Intel’s thencurrent rates. You may request additional information on Intel’s service offerings from an
Intel sales representative.
21. LIMITATION OF LIABILITY: NEITHER INTEL NOR ITS SUPPLIERS SHALL BE LIABLE FOR
ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR OTHER LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS,
EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Intel® Integrated Native Developer Experience 2015
37
BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
22. UNAUTHORIZED USE: THE MATERIALS ARE NOT DESIGNED, INTENDED, OR
AUTHORIZED FOR USE IN ANY TYPE OF SYSTEM OR APPLICATION IN WHICH THE
FAILURE OF THE MATERIALS COULD CREATE A SITUATION WHERE PERSONAL INJURY
OR DEATH MAY OCCUR (e.g., MEDICAL SYSTEMS, LIFE SUSTAINING OR LIFE SAVING
SYSTEMS). Should You use the Materials for any such unintended or unauthorized use, You hereby indemnify, defend, 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, such use and 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 Materials.
23. USER SUBMISSIONS: This Agreement does not obligate You to provide Intel with materials, information, comments, suggestions or other communication regarding the Materials. However,
You agree that any material, information, comments, suggestions or other communication You transmit or post to an Intel website (including but not limited to, submissions to the Intel Premier
Support and/or other customer support websites or online portals) or provide to Intel under this
Agreement related to the features, functions, performance or use of the Materials are deemed non-confidential and non-proprietary ("Communications"). Intel will have no obligations with respect to the Communications. You hereby grant to Intel a non-exclusive, perpetual, irrevocable, royalty-free, copyright license to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense through multiple tiers of distribution and licensees, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein, including derivative works thereto, for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from an Intel website or provide to Intel any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. If you wish to provide Intel with information that You intend to be treated as confidential information, Intel requires that such confidential information be provided pursuant to a nondisclosure agreement (“NDA”), so please contact Your Intel representative to ensure the proper NDA is in place.
Nothing in this Agreement will be construed as preventing Intel from reviewing Your
Communications and errors or defects in Intel products discovered while reviewing Your
Communications. Furthermore, nothing in this Agreement will be construed as preventing
Intel from implementing independentlydeveloped enhancements to Intel’s own error diagnosis methodology to detect errors or defects in Intel products discovered while reviewing Your Communications or to implement bug fixes or enhancements in Intel products. The foregoing may include the right to include Your Communications in regression test suites.
24. CONSENT. You agree that Intel, its subsidiaries or suppliers may collect and use technical and related information, including but not limited to the software product serial number, 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 Materials, and to verify compliance with the terms of this
38
Intel® Integrated Native Developer Experience 2015
Agreement. Intel may use this information, as long as it is in a form that does not personally identify You, to improve our products or to develop and provide services or technologies to You.
25. TERMINATION OF THIS LICENSE: This Agreement becomes effective on the date You accept this Agreement and will continue until terminated as provided for in this Agreement. If You are using the Materials under of a time-limited license, for example an Evaluation License, this
Agreement terminates without notice on the last day of the time period, which is specified in the
Materials or on Intel’s website, and/or controlled by the license key code for the Materials. Intel may terminate this license immediately if You are in breach of any of its terms and conditions and such breach is not cured within thirty (30) days of written notice from Intel. Upon termination, You will immediately return to Intel or destroy the Materials and all copies thereof.
In the event of termination of this Agreement, the license grant to any Redistributables distributed by You in accordance with the terms and conditions of this Agreement, prior to the effective date of such termination, shall survive any such termination of this Agreement
26. U.S. GOVERNMENT RESTRICTED RIGHTS: The technical data and computer software covered by this license is a “Commercial Item,” as such term is defined by the FAR 2.101 (48
C.F.R. 2.101) and is “commercial computer software” and “commercial computer software documentation” as specified under FAR 12.212 (48 C.F.R. 12.212) or DFARS 227.7202 (48
C.F.R. 227.7202), as applicable. This commercial computer software and related documentation is provided to end users for use by and on behalf of the U.S. Government, with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Use for or on behalf of the U.S. Government is permitted only if the party acquiring or using this software is properly authorized by an appropriate U.S. Government official. This use by or for the U.S.
Government clause is in lieu of, and supersedes, any other FAR, DFARS, or other provision that addresses Government rights in the computer software or documentation covered by this license. All copyright licenses granted to the U.S. Government are coextensive with the technical data and computer software licenses granted herein. The U.S. Government shall only have the right to reproduce, distribute, perform, display, and prepare derivative works as needed to implement those rights.
27. GENERAL PROVISIONS
A. ENTIRE AGREEMENT: This Agreement is intended to be the entire agreement between
You and Intel with respect to matters contained herein, and supersedes all prior or contemporaneous agreements and negotiations with respect to those matters. No waiver of any breach or default shall constitute a waiver of any subsequent breach or default. If any provision of this Agreement is determined by a court to be unenforceable, You and Intel will deem the provision to be modified to the extent necessary to allow it to be enforced to the extent permitted by law, or if it cannot be modified, the provision will be severed and deleted from this Agreement, and the remainder of the Agreement will continue in effect. Any change, modification or waiver to this Agreement must be in writing and signed by an authorized representative of You and an officer (or delegate) of Intel, and must specifically identify this Agreement by its title (e.g., “End User License Agreement for the Intel(R)
Software Development Products
”) and version, i.e., August 2014). If You received a copy of this Agreement translated into another language, the English language version of this
Agreement will prevail in the event of any conflict between versions.
Intel® Integrated Native Developer Experience 2015
39
B. EXPORT. You acknowledge that the Materials and all related technical information or materials is subject to export controls under the laws and regulations of the United States and any other applicable governments. You agree to comply with these laws and regulations governing export, re-export, import, transfer, distribution, and use of the Materials and all related technical information or materials. In particular, but without limitation, the Materials and all related technical information or materials may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to any person or entity listed on a denial order published by the U.S. government or any other applicable governments. By using the
Materials and all related technical information or materials, You represent and warrant that
You are not located in any such country or on any such list. You also agree that You will not use the Materials and all related technical information or materials for any purposes prohibited by the U.S. government or other applicable governments’ laws, including, without limitation, the development, design, manufacture or production of nuclear, missile, chemical or biological weapons. You confirm that the Materials and all related technical information or materials will not be re-exported or sold to a third party who is known or suspected to be involved in activities including, without limitation, the development, design, manufacture, or production of nuclear, missile, chemical or biological weapons. You agree that the Materials and all related technical information or materials subject to control under defense laws and regulations (e.g., the International Traffic in Arms Regulations (ITAR)) must not be transferred to non-U.S. persons, whether located in the U.S. or abroad, without a government license.
C. APPLICABLE LAWS: Any claim arising under or relating to this Agreement shall be governed by the internal substantive laws of the State of Delaware, without regard to principles of conflict of laws. You agree that the terms of the United Nations Convention on
Contracts for the Sale of Goods do not apply to this Agreement. Any party bringing a legal action or proceeding against any other party arising out of or relating to this Agreement will bring such legal action or proceeding in the courts of the State of Delaware. Each party waives, to the fullest extent permitted by law: (i) any objection which it may now or later have to the laying of venue of any legal action or proceeding arising out of or relating to this
Agreement brought in any court in the State of Delaware; and (ii) any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum.
* Other names and brands may be claimed as the property of others
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Intel Proprietary License group 5 covers the following item:
Intel® Hardware Accelerated Execution Manager
Intel® Hardware Accelerated Execution Manager End-User License Agreement
Last Updated April 25, 2013
Intel® Integrated Native Developer Experience 2015
40
Copyright© 2013 Intel Corporation.
All rights reserved.
Redistribution. Redistribution and use in binary form, without modification, are permitted provided that the following conditions are met:
1. Redistributions must reproduce the above copyright notice and the following disclaimer in the documentation and/or other materials provided with the distribution.
2. Neither the name of Intel Corporation nor the names of its suppliers may be used to endorse or promote products derived from this software without specific prior written permission.
3. No reverse engineering, de-compilation, or disassembly of this software is permitted. Limited patent license.
Intel Corporation grants a world-wide, royalty-free, non-exclusive license under patents it now or hereafter owns or controls to make, have made, use, import, offer to sell and sell ("Utilize") this software, but solely to the extent that any such patent is necessary to Utilize the software alone. The patent license shall not apply to any combinations which include this software. No hardware per se is licensed hereunder.
DISCLAIMER.
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.
Return to Legal Information start
Audible Magic License covers the following item:
Media for Mobile
LICENSE AGREEMENT
Intel® Integrated Native Developer Experience 2015
41
BY USING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A
PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, DO NOT USE THE SOFTWARE AND, IF APPLICABLE, RETURN THIS PRODUCT TO
AUDIBLE MAGIC CORPORATION.
THIS LICENSE AGREEMENT (the "Agreement") is made between you, the end user, and Audible Magic
Corporation, a California corporation ("Audible Magic").
1. Grant of License. Audible Magic grants to you a non-exclusive, non-transferable license to use the version of its proprietary software accompanying this Agreement (the "Software") on the Intel Product with which it is distributed. You may make a single copy of the Software for backup purposes. You are expressly prohibited from sublicensing, selling, renting, leasing or otherwise distributing copies of the
Software. You may not use the Software for any other purpose or any use prohibited by law.
2. Intellectual Property Protection. The Software, including its operation, code, architecture and implementation, as well as the look and feel of the Software, are the valuable intellectual property of
Audible Magic. The Software is protected by United States copyright laws and international treaty provisions. Other than the license granted hereby, this Agreement does not give you any intellectual property rights in the Software. For the purpose of protecting Audible Magic's trade secrets, you agree not to modify, translate, disassemble, decompile, reverse engineer, create derivative works of, or make any other attempt by any means to discover or obtain the source code for, the Software.
3. Disclaimer of Warranty. AUDIBLE MAGIC MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND TO YOU. YOU AGREE THAT THE RIGHTS GRANTED HEREIN ARE ON AN "AS-IS,
WHERE-IS" BASIS AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND
GUARANTEES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR
WRITTEN STATEMENTS BY AUDIBLE MAGIC OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO,
ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE,
NONINFRINGEMENT AND OF UNINTERRUPTED USE) ARE HEREBY OVERRIDDEN, EXCLUDED
AND DISCLAIMED. NO AUDIBLE MAGIC RESELLER, AGENT OR EMPLOYEE IS AUTHORIZED TO
MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS DISCLAIMER OF WARRANTY.
4. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT,
CONTRACT OR OTHERWISE, SHALL AUDIBLE MAGIC OR ITS SUPPLIERS OR RESELLERS BE
LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
INFORMATION, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AUDIBLE MAGIC HAS BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL
Intel® Integrated Native Developer Experience 2015
42
AUDIBLE MAGIC'S LIABILITY TO YOU OR TO ANY THIRD PARTY ARISING OUT OF OR RELATED
TO THIS AGREEMENT OR THE SOFTWARE EXCEED THE AGGREGATE AMOUNT PAID BY YOU
FOR THE SOFTWARE, IF ANY, REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON
THIS AGREEMENT, WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT.
5. Termination. Your license to use the Software is terminated if you violate this Agreement. Upon termination, you must destroy all copies of the Software and related documentation in your possession.
6. Government End Users. If the license is acquired under a U.S. government contract, you acknowledge that the Software and documentation are "Commercial Computer Software" as that term is defined in 48 C.F.R. 12.212 of the Federal Acquisition Regulations (FAR) and in 48. C.F.R. 227.7014(a)(i) of the Department of Defense Federal Acquisition Regulations Supplement (DFARS) licensed pursuant to
Audible Magic's customary license. The Software is a trade secret of Audible Magic (or its licensors, as applicable) for all purposes of the Freedom of Information Act.
7. General Provisions. This Agreement is the exclusive agreement between you and Audible Magic with respect to the subject matter hereof and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations or other dealings between you and Audible Magic. This
Agreement will be governed by the laws of the State of California applicable to contracts executed and performed entirely in California by residents of the state. If any part of this Agreement is found to be void, unenforceable or invalid, it shall not affect the other provisions of this Agreement. This Agreement can only be modified by a writing signed by both parties. Failure by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
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zlib License covers the following item:
Intel® INDE Plug-in for Visual Studio*
Copyright (c) 2012 Gavin Pugh http://www.gavpugh.com/
This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product
43
Intel® Integrated Native Developer Experience 2015
documentation would be appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
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Apache License covers the following item:
Apache Ant
Apache License, Version 2.0
Apache License
Version 2.0, January 2004 http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by
Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
Intel® Integrated Native Developer Experience 2015
44
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the
License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to
Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is
45
Intel® Integrated Native Developer Experience 2015
filed.
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
You must give any other recipients of the Work or Derivative Works a copy of this License; and
You must cause any modified files to carry prominent notices stating that You changed the files; and
You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the
NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the
NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with
Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES
OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or
Intel® Integrated Native Developer Experience 2015
46
conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.
You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof,
You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations,
You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other
Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
Return to Legal Information start
Tunnel Vision Laboratories License covers the following item:
Java Language Support in Visual Studio*
TUNNEL VISION LABORATORIES SOFTWARE LICENSE TERMS
Tunnel Vision Laboratories Language Extensions for Microsoft® Visual Studio®
These license terms are an agreement between Tunnel Vision Laboratories, LLC (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Tunnel Vision
Laboratories
updates,
supplements,
Internet-based services, and
support services for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO
NOT USE THE SOFTWARE.
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Intel® Integrated Native Developer Experience 2015
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. One user may install and use any number of copies of the software on your devices to design, develop and test your programs.
2. VISUAL STUDIO INTEGRATION. This product executes within the Microsoft® Visual Studio® development environment. Tunnel Vision Laboratories is not developing, distributing, or licensing any
Microsoft® products or packages to you. By using this product, you acknowledge and agree that you are using the Microsoft® Visual Studio® development environment under separate license terms from
Microsoft®. In addition, this product is not tested under all configurations and installations of the Visual
Studio® product, including but not limited to the presence of other extensions provided by Tunnel Vision
Laboratories or third parties.
3. THIRD PARTY NOTICES. This software includes third party code from the ANTLR project
(http://www.antlr.org). However, such code is licensed to you by Tunnel Vision Laboratories under this license agreement, rather than licensed to you by any third party under some other license terms. This code was originally licensed to Tunnel Vision Laboratories under the following agreement.
Copyright (c) 2011 Terence ParrCopyright (c) 2011 Sam Harwell, Pixel Mine, Inc.All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. 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.
3. The name of the author may not be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``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 AUTHOR 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.
This software includes third party code from the Python Tools for Visual Studio project
(http://pytools.codeplex.com), and this code has been modified from its original form. However, such code is licensed to you by Tunnel Vision Laboratories under this license agreement, rather than licensed to you by any third party under some other license terms. This code was originally licensed to Tunnel
Vision Laboratories under the Apache License, version 2.0 (http://www.apache.org/licenses/LICENSE-
2.0.txt).
4. Scope of License. The software is licensed, not sold. This agreement only gives you some rights to use the software. Tunnel Vision Laboratories reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this
48
Intel® Integrated Native Developer Experience 2015
agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
publish the software for others to copy;
rent, lease or lend the software; or
transfer the software or this agreement to any third party.
5. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
7. Export Restrictions. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.
8. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
9. Entire Agreement. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
10. Applicable Law.
a. United States. If you acquired the software in the United States, Texas state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
11. Legal Effect. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
12. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK
OF USING IT. TUNNEL VISION LABORATORIES GIVES NO EXPRESS WARRANTIES,
GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER
YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT
PERMITTED UNDER YOUR LOCAL LAWS, TUNNEL VISION LABORATORIES EXCLUDES THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
13. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER
FROM TUNNEL VISION LABORATORIES AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO
49
Intel® Integrated Native Developer Experience 2015
U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL,
LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Tunnel Vision Laboratories knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
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Wowza Video Streaming License covers the following item:
Media for Mobile
Wowza
®
Media Systems, LLC
END USER LICENSE AGREEMENT for the
Wowza Video Streaming Components of the
Intel INDE Media for Mobile
This End
User License Agreement (this “EULA”) is a legally binding license agreement between you and Wowza Media Systems, LLC (“Wowza”). This EULA describes your rights to use certain Wowza software components of the Intel INDE Media for Mobile
(the “Intel INDE”). The Wowza software components that are a part of the Intel INDE, along with associated materials, are referred to herein as the “Software”.
This EULA governs your use of the Software. Your use of the Software is also governed by the
The Intel Software License Agreement for Intel INDE Media for Mobile
(the “Intel INDE License”), which governs your use of the Intel INDE as a whole. In the event of a conflict between this EULA and the Intel
INDE License, this EULA will control and be given full force and effect as between you and Wowza.
BY SELECTING “I AGREE” DURING INSTALLATION OF THE INTEL INDE, OR BY
DOWNLOADING, INSTALLING, COPYING, OR USING THE INTEL INDE OR THE
SOFTWARE, YOU ACKNOWLEDGE AND AGREE: (1) THAT YOU HAVE READ AND
Intel® Integrated Native Developer Experience 2015
50
UNDERSTAND THIS EULA; (2) THAT YOU AGREE TO BE BOUND BY EACH AND
EVERY TERM OF THIS EULA; AND (3) IF YOU ARE ENTERING INTO THIS
AGREEMENT ON BEHALF OF A COMPANY, THAT YOU HAVE THE POWER AND
AUTHORITY TO DO SO AND TO BIND SUCH COMPANY.
IF YOU DO NOT AGREE TO EACH AND EVERY TERM AND CONDITION OF THIS
EULA, YOU MAY NOT USE THE SOFTWARE.
1. LICENSE. Subject to your compliance with this EULA and the Intel INDE License, Wowza hereby grants you a limited, world-wide, non-exclusive, non-transferable, revocable license to download, install, copy, and use the Software for the purpose of copying and distributing the Software with your product. You may transfer the Software only if the recipient of such transfer agrees to be bound by this
EULA. You agree to make reasonable efforts to update or upgrade the Software upon release of an update or upgrade by Wowza.
2. TITLE. The Software is licensed, not sold. This EULA does not transfer or modify any ownership rights related to the Software, which are exclusively held by Wowza and its licensors. Wowza retains all right, title, and interest in and to the Software and copies of the Software, and in and to all related copyrights, trade secrets, patents, trademarks, service marks, domain names, and other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights. The Software, along with the structure and organization of the Software and its source code and object code, are confidential information, valuable trade secrets of Wowza, and protected by the laws of the United States and other countries, and by international treaties. Any and all rights not expressly granted to you by this EULA are reserved in all respects by Wowza.
3. RESTRICTIONS. In addition to the restrictions contained in the Intel INDE License, you agree to not: (i) decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the
Software, in whole or in part; (ii) modify or create derivative works based upon the Software except as expressly permitted by the Intel INDE License; (iii) remove, alter, or obfuscate any titles, trademarks, service marks, trade names, copyright notices, legends, logos, watermarks, or other proprietary markings on or in the Software; (iv) use the Software to transmit, reproduce, store, or share content that you do not have the right to transmit, reproduce, store, or share; or (v) assist, encourage, or permit any other person or entity to do anything prohibited or not permitted by this EULA or the Intel INDE License.
4. IDEAS. From time to time you may provide Wowza with feedback, suggestions, or ideas for changes to the Software or other systems with which the Software interacts (collectively, “Ideas”).
Regardless of how Wowza receives or becomes aware of them, and as between you and Wowza, all
Ideas are the exclusive property of Wowza, are confidential information, and may be used in any manner and for any purpose by Wowza without obligation of any kind to you.
5. WOWZA TRADEMARKS. You are granted no right, title, or license to, or interest in any Wowza trademarks or the copyrights owned by Wowza, and you hereby agree to not use Wowza trademarks without Wowza’s prior written consent. Notwithstanding the foregoing, you agree that any use of Wowza
Trademarks, whether permitted or otherwise, shall inure to the sole benefit of Wowza. You agree to not:
(i) file or prepare any application for registration of any of the Wowza Trademarks; (ii) assert any right,
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title, license to, or interest in Wowza trademarks; (iii) adopt, use, file for registration, or register any trademark, service mark, trade name, logo, or domain name which may be, in Wowza’s sole discretion, either an infringement of a Wowza trademark or Wowza domain name, or may result in a likelihood of confusion with a Wowza trademark or Wowza domain name.
6. TERMINATION. This EULA terminates immediately and without notice to you in the event: (i) the
Intel INDE License is terminated for any reason; or (ii) you violate this EULA or the Intel INDE License.
Upon termination of this EULA, you will immediately cease using the Software and destroy all copies of the Software in your possession.
7. NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WOWZA
PROVIDES THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED,
STATUTORY, OR IN ANY OTHER PROVISION OF THIS EULA OR COMMUNICATION WITH YOU,
AND WOWZA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WOWZA DOES NOT
WARRANT THAT THE SOFTWARE WILL MEET YOUR NEEDS OR THAT THE SOFTWARE WILL BE
OR PROVIDE FOR ERROR FREE OPERATION OR OPERATION WITHOUT INTERRUPTION.
8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT WILL WOWZA BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING
WITHOUT LIMITATION, PROVEN OR PROVABLE DIRECT DAMAGES, LOST PROFITS OR
BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY
OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, UNDER ANY
THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT
LIABILITY, OR OTHERWISE, RELATED TO THE SOFTWARE. BECAUSE SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.
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3-clause BSD License covers the following item:
OpenCV
Copyright (C) 2015, Intel Corp.
By downloading, copying, installing or using the software you agree to this license.
If you do not agree to this license, do not download, install, copy or use the software.
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License Agreement
For Open Computer Vision Library
(3-clause BSD 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, his list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
* Neither the name of 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.
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Microsoft Pre-Release Software License covers the following item:
ImageWatch plugin for Visual Studio*
MICROSOFT PRE-RELEASE SOFTWARE LICENSE TERMS
MICROSOFT IMAGE WATCH NONE
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the pre-release software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO
NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
You may install and use any number of copies of the software on your premises to design, develop and test your programs for use with the software.
2. PRE-RELEASE SOFTWARE. This software is a pre-release version. It may not work the way a final version of the software will. We may change it for the final, commercial version. We also may not release a commercial version.
3. FEEDBACK. If you give feedback about the software to Microsoft, you give to Microsoft, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a Microsoft software or service that includes the feedback. You will not give feedback that is subject to a license that requires Microsoft to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.
4. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code. The software may contain code that you are permitted to distribute in programs you develop if you comply with the terms below.
i. Right to Use and Distribute. The code and text files listed below are “Distributable
Code.”
Sample Code. You may modify, copy and distribute the source and object code form of code marked as “sample”.
Templates. You may modify, copy, and distribute the source and object code form of code marked as “template.”
Third Party Distribution. You may permit distributors of your programs to copy and
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Intel® Integrated Native Developer Experience 2015
distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
add significant primary functionality to it in your programs;
require distributors and external end users to agree to terms that protect it at least as much as this agreement;
display your valid copyright notice on your programs; and
indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
alter any copyright, trademark or patent notice in the Distributable Code; use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
distribute Distributable Code to run on a platform other than the Windows platform;
include Distributable Code in malicious, deceptive or unlawful programs; or
modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
the code be disclosed or distributed in source code form; or
others have the right to modify it.
5. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval;
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
publish the software for others to copy;
rent, lease or lend the software;
transfer the software or this agreement to any third party; or
use the software for commercial software hosting services.
6. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
7. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
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Intel® Integrated Native Developer Experience 2015
8. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
9. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
10. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
11. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK
OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR
CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL
LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER
YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM
MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT
RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL,
INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES
DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune
Intel® Integrated Native Developer Experience 2015
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indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne :
tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites
Internet tiers ou dans des programmes tiers ; et
les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
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Eclipse Public License v1.0 covers the following item:
com.android.ide.eclipse.ndk_23.0.2.1259578.jar
About This Content
September 19, 2010
License
Eclipse Public License - v 1.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC
LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
CONSTITUTES RECIPIENT’S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means: a) in the case of the initial Contributor, the initial code and documentation distributed under this
Agreement, and b) in the case of each subsequent Contributor: i) changes to the Program, and ii) additions to the Program;
Intel® Integrated Native Developer Experience 2015
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where such changes and/or additions to the Program originate from and are distributed by that particular
Contributor. A Contribution ‘originates’ from a Contributor if it was added to the Program by such
Contributor itself or anyone acting on such Contributor’s behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program.
"Contributor" means any person or entity that distributes the Program.
"Licensed Patents" mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.
"Program" means the Contributions distributed in accordance with this Agreement.
"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.
2. GRANT OF RIGHTS a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form. b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the
Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder. c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise.
As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient’s responsibility to acquire that license before distributing the Program. d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that: a) it complies with the terms and conditions of this Agreement; and b) its license agreement: i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of
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Intel® Integrated Native Developer Experience 2015
merchantability and fitness for a particular purpose; ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits; iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.
When the Program is made available in source code form: a) it must be made available under this Agreement; and b) a copy of this Agreement must be included with each copy of the Program.
Contributors may not remove or alter any copyright notices contained within the Program.
Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the
Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such
Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense.
For example, a Contributor might include the Program in a commercial product offering, Product X. That
Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such
Commercial Contributor’s responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-
INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and
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Intel® Integrated Native Developer Experience 2015
assumes all risks associated with its exercise of rights under this Agreement , including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
LOST PROFITS), 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 OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY
RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient
’s patent(s), then such Recipient’s rights granted under Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient’s rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient’s rights under this Agreement terminate,
Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable.
However, Recipient’s obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation may assign the responsibility to serve as the
Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the
Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this
Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the intellectual property laws of the
United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.
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Intel® Integrated Native Developer Experience 2015
Intel® Integrated Native Developer Experience 2015
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