Intel JMedia Player
Software License Agreement

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.

LICENSE: Subject to the Restrictions below, Intel Corporation ("Intel") grants to you the following non-exclusive, non-assignable, royalty-free copyright licenses in the Software listed in this Section. 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, the "license.txt" file or other text or file in the Software:

• Developer Tools include developer documentation, installation or development utilities, and other materials. You may use them internally for the purposes of using the Software as licensed hereunder, 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 own products in binary and source code form under terms no less restrictive than this Agreement.
• End-User Documentation includes textual materials intended for end users. You may copy, modify and distribute them.
• Licensed Binaries are redistributable code and installation scripts provided in binary form. You may copy and distribute Licensed Binaries with your product under terms no less restrictive than this Agreement.

RESTRICTIONS 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.

You may not reverse-assemble, reverse-compile, or otherwise reverse-engineer any software provided solely in binary form.

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.

If you use the Software to create a public web site which incorporates the JMedia Player content, you shall provide Intel with the home page URL which links to your web site location containing such JMedia Player 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 JF3-377
2111 NE 25th Avenue
Hillsboro, OR 97124-5961
Fax: (503) 264-6067

Attention: JMedia Player Management

Email: ial_support@intel.com

If your product contains JMedia Player content and is distributed commercially on physical media, 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 "B" 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 shall identify the use of the JMedia Player software in your products Licensed Binaries. You will use the following technology attribution statement for this purpose: "Media Software Technology by Intel." This statement will be inserted in such products according to the guidelines in Attachment "A."

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 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 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.

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, California, 95052-8119, USA..

Java and all Java-based trademarks and logos are trademarks or registered trademarks of Sun Microsystems, Inc. in the United States and other countries.

ATTACHMENT A

ATTRIBUTION GUIDELINES

Insert "Media Software Technology by Intel" in Helvetica, Regular 10 pt. font in the Properties/About box for any of your products which incorporate the Intel Media for Java Software.

ATTACHMENT B

DATE OF PUBLIC AVAILABILITY

Intel Corporation
Intel Architecture Labs
Mail Stop JF3-377
2111 NE 25th Avenue
Hillsboro, OR 97124-5961
Fax: (503) 264-6067

Attention: JMedia Player Management

Dear Intel:

Per the JMedia Player Software License Agreement (License Agreement), this document is to inform you that we intend to distribute the JMedia Player binary runtimes in the following products or web sites:

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The above products or web sites are in compliance with the terms of the License Agreement.

Sincerely,

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Signature