Intel Indeo® Software 5

Progressive Download Plugin License

IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.

LICENSE. You may copy the Software onto your organization's computers for your organization's use, and you may make a reasonable number of back-up copies of the Software, subject to these conditions:

1. 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.
2. You may not reverse engineer, decompile, or disassemble the Software.
3. You may copy and distribute the Software in binary form with your product provided your product is licensed to third parties under terms and conditions which are at least as restrictive as this Agreement with respect to such Licensed Binaries.
4. 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.
5. You will make reasonable efforts to discontinue distribution of the portions of the Software that you are licensed hereunder to distribute, upon Intel's release of an update, upgrade or new version of the Software and to make reasonable efforts to distribute such updates, upgrades or new versions to your customers who have received the Software herein.
6. Distribution of the Software is also subject to the following limitations: you (i) are solely responsible to your customers for any update or support obligation or other liability which may arise from the distribution, (ii) do not make any statement that your product is "certified," or that its performance is guaranteed, by Intel, (iii) do not use Intel's name or trademarks to market your product without written permission, (iv) shall prohibit disassembly and reverse engineering, and (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 any product.
7. If you use the Software to create a public web site which incorporates Indeo 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: Indeo® Software Product Manager

   Email: ial_support@intel.com
   

8. 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.
9. 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.
10. You may not make any statement that your product is "certified," or that its performance is guaranteed, by Intel.
11. You may not use Intel's name or trademarks to market your product without written permission, except as provided in this Agreement.
12. 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.

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 all copies of the Software remains with Intel or its suppliers. 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. Intel may make changes to the Software, or to items referenced therein, at any time without notice, but is not obligated to support or update the Software. Except as otherwise expressly provided, Intel grants no express or implied right under Intel patents, copyrights, trademarks, or other intellectual property rights. You may transfer the Software only if the recipient agrees to be fully bound by these terms and if you retain no copies of the Software.

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 acknowledgment of Intel's proprietary rights therein. Contractor or Manufacturer is Intel Corporation, 2200 Mission College Blvd., Santa Clara, CA 95052.

* Legal Information © 1998 Intel Corporation