Intel Indeo® Software License Agreement

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Intel IndeoŽ Software 5

Progressive Download Publisher Tool Beta Software License

IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING

Do not use or load this software and any associated materials (collectively, the "Software") until you have carefully read the following terms and conditions. By loading or using the Software, you agree to the terms of this Agreement. If you do not wish to so agree, do not install or use the Software.

The software contains pre-release "beta" or "alpha" code, which may not be fully functional and which Intel may substantially modify in producing any "final" version. Intel can provide no assurance that it will ever produce or make generally available a "final" version.
This license will expire 90 days after the software is installed on your computer's hard disk, and all or a portion of the software may thereafter become inoperable.
LICENSE. You may copy the Software onto your organization's computers for use within your organization subject to these conditions:

You may not copy, modify, rent, sell, distribute or transfer any part of the Software except as provided in this Agreement, and you agree to prevent unauthorized copying of the Software.
You may not reverse engineer, decompile, or disassemble the Software.
You may not sublicense or redistribute the Software.
The Software may contain the software and other property of third party suppliers, some of which may be identified in, and licensed in accordance with, an enclosed "license.txt" file or other text or file.
You shall make reasonable efforts to discontinue use of the Software upon Intel's release of an update, upgrade or new version of the Software.
If you use the Software to create a public web site which incorporates IndeoŽ video or audio content, you shall provide Intel with the home page URL which links to your web site location containing such Indeo video or audio content within thirty (30) days of providing such web site location for public access. You shall mail or fax the URL information to:
Intel Corporation
Intel Architecture Labs
Mail Stop JF2-11
2111 NE 25th Avenue
Hillsboro, OR 97124-5961
Fax: (503) 712-1166
Attention: IndeoŽ Software Product Manager
Email: ial_support@intel.com
If your product contains Indeo video or audio content and is commercially available, you shall provide two (2) copies of your final commercial product to Intel at the address above.
You shall provide Intel with a completed form referenced in Attachment A prior to your shipment of product or launch of a web site created with the Software. You shall mail or send by facsimile such form to the address or fax number above.
You may not make any statement that your product is "certified," or that its performance is guaranteed, by Intel.
You may not use Intel's name or trademarks to market your product without written permission, except as provided in this Agreement.
You 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.

PROMOTIONAL RELEASE. You grant to Intel a non-exclusive, non-transferable, worldwide, royalty-free license under your intellectual property rights to use, reproduce, perform and display your product for public and private demonstration and promotional purposes.

You grant to Intel a non-exclusive, non-transferable, worldwide, royalty-free license to use your tradename, trademark and logo (collectively, "marks") on or in any advertising, marketing, promotional, technical or other materials prepared by or for Intel in connection with Intel's marketing of the Software. Intel will not mutilate or otherwise modify your marks and agrees to supply you with representative samples of Intel's use of such marks on your request.

OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to the Software and all copies thereof remain with Intel or its suppliers. The Software is copyrighted and is protected by United States copyright laws and international treaty provisions. You will not remove any copyright notice from the Software. You agree to prevent any unauthorized copying of the Software. Except as expressly provided herein, Intel does not grant any express or implied right to you under Intel patents, copyrights, trademarks, or trade secret information.

LIMITED MEDIA WARRANTY.If the Software has been delivered by Intel on physical media, Intel warrants the media to be free from material physical defects for a period of ninety days after delivery by Intel. If such a defect is found, return the media to Intel for replacement or alternate delivery of the Software as Intel may select.

EXCLUSION OF OTHER WARRANTIES. EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Intel does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software.

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 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.

TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement at any time if you violate its terms. Upon termination, you will immediately destroy the Software or return all copies of the Software to Intel.

APPLICABLE LAWS. Claims arising under this Agreement shall be governed by the laws of California, 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.

GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Software by the Government constitutes acknowledg-ment of Intel's proprietary rights therein. Contractor or Manufacturer is Intel Corporation, 2200 Mission College Blvd., Santa Clara, CA 95052.