END USER LICENSE AGREEMENT
This End User License Agreement (“EULA”) applies to your use of the software application provided by Intel Corporation and its Affiliates (together, “Intel”) to you for viewing, managing, and administering Digital Content. Any capitalized terms not defined in this EULA have the meanings set forth in the Terms of Service available at https://accounts.kno.com/tos.
IF YOU ARE A STUDENT WHO IS OLD ENOUGH TO CONSENT TO LEGALLY-BINDING AGREEMENTS IN YOUR COUNTRY OF RESIDENCE, THEN BY DOWNLOADING THE INTEL APPLICATION OR BY USING AN ACCOUNT THAT WAS CREATED FOR YOU, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU ARE NOT OLD ENOUGH TO CONSENT TO LEGALLY-BINDING AGREEMENTS IN YOUR COUNTRY OF RESIDENCE, THEN YOUR SCHOOL OR OTHER SERVICE PROVIDER WHO IS MAKING THE INTEL APPLICATION AVAILABLE TO YOU IS RESPONSIBLE FOR YOUR COMPLIANCE WITH THIS EULA.
IF YOU REPRESENT A SCHOOL AND WANT TO USE THE INTEL APPLICATION IN A CLASSROOM CONTEXT, PLEASE CONTACT INTEL AT email@example.com. YOUR SCHOOL WILL NEED TO ENTER INTO A MASTER SCHOOL AGREEMENT WITH INTEL. IF YOU ARE A TEACHER AND WANT TO USE THE INTEL APPLICATION A CLASSROOM CONTEXT AND YOUR SCHOOL HAS NOT ENTERED INTO A MASTER SCHOOL AGREEMENT, THEN BY CREATING AN ACCOUNT FOR YOUR STUDENT, YOU ARE AGREEING (AND REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO AGREE) TO THESE TERMS ON BEHALF OF YOUR SCHOOL.
License and Permissions. Subject to the terms of this EULA, Intel grants to you a limited, revocable, non-exclusive, nontransferable license (without the right to sublicense) to execute one (1) copy of the Intel Application, in executable object code form only, solely (a) on your device that you own or control, and (b) for your use of the Intel Application, in each case for your personal, non-commercial, educational purposes.
Restrictions. You will not, and you will not permit others to, (a) copy or use the Intel Application for any purpose other than as permitted in Section 1, (b) permit any third party to access or use the Intel Application using your Intel Account (other than your child or your School Student, as applicable); (c) rent, lease, loan, sell, license, transfer, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Intel Application or make the Intel Application available to any third party, (d) interfere with, disrupt, alter, translate, or modify the Intel Application or the Intel Service or any part thereof, or create an undue burden on the Intel Application or the networks or services connected to the Intel Application or the Intel Service; (e) reverse engineer, decompile, disassemble, or reverse compile the Intel Application or the Intel Service; or (f) introduce software or automated agents or scripts to the Intel Application or the Intel Service so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Intel Application or the Intel Service.
Updates. Any future releases, updates (including for purposes of bug fixes), upgrades, or other additions to the functionality of the Intel Application, if any, provided by Intel or its Affiliates (collectively, “Updates”) will be subject to the terms of this EULA, unless Intel states otherwise in writing. To keep your Intel Application up-to-date, Intel may automatically provide you with and install on your device Updates to the Intel Application, and you consent to such automatic provision and installation.
Ownership. The Intel Application and all worldwide copyrights, trade secrets, and other intellectual property rights therein, are the exclusive property of Intel and its Affiliates and their licensors. Intel and its Affiliates and their licensors reserve all rights in and to the Intel Application not expressly granted to you in this EULA. The Intel Application is licensed to you, not sold, under this EULA, meaning that you may use the Intel Application as permitted in Section 1 but you do not own it. There are no implied licenses in this EULA.
Open Source. Certain items of software included in or used by the Intel Application are owned by or licensed from third parties and subject to “open source” or “free software” licenses (collectively, “Open Source Software”). This Open Source Software is not subject to the terms and conditions of this EULA (except for the termination provisions of Section 7 below) but are instead licensed under the terms of the end user license that accompany them. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of such end user license. If required by any license for particular Open Source Software, Intel makes such Open Source Software, and Intel’s modifications to that Open Source Software, available by written request at firstname.lastname@example.org.
Third Party Applications. Intel may allow third parties to develop applications for use on the Intel Application and to provide services for use with such applications (collectively, “Third Party Apps”). Third Party Apps are not subject to the terms and conditions of this EULA (except for the termination provisions of Section 7 below) but are instead licensed under the terms of the end user licenses that accompany them. Intel and its Affiliates are not a party to those end user licenses, and the developers of Third Party Apps are exclusively responsible for them and any associated warranties.
Term and Termination. This EULA and the licenses granted to you under Section 1 are effective on the earlier of the date you first download or use the Intel Application and will continue unless this EULA is terminated in the manner described in this section. This EULA will terminate automatically without notice from Intel if you fail to comply with any term(s) of this EULA. You may terminate this EULA effective immediately by giving written notice to Intel. Upon termination of this EULA, all licenses granted to you under Section 1 will terminate and you must stop all use of the Intel Application, but the terms of Sections 2, 4, and 7 through 14 will remain in effect after any such termination.
Warranty Disclaimer. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, INTEL AND ITS AFFILIATES (AND THEIR LICENSORS AND SUPPLIERS) PROVIDE THE INTEL APPLICATION “AS-IS” AND DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. INTEL AND ITS AFFILIATES (AND THEIR LICENSORS) DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE INTEL APPLICATION. INTEL AND ITS AFFILIATES (AND THEIR LICENSORS AND SUPPLIERS) MAKE NO WARRANTY THAT THE INTEL APPLICATION WILL: (A) BE COMPLETE, CURRENT, UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, RELIABLE, OR ERROR-FREE; OR (B) PROVIDE ANY SPECIFIC RESULTS OR MEET YOUR REQUIREMENTS.
Limitation of Liability. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, INTEL AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY PERSONAL INJURY, LOSS OF USE, LOST DATA, LOST PROFITS OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES RELATING TO THE INTEL APPLICATION OR THIS EULA, EVEN IF INTEL OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF INTEL AND ITS AFFILIATES IN CONNECTION WITH THE INTEL APPLICATION AND THIS EULA, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WILL AT ALL TIMES BE LIMITED TO FIFTY U.S. DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. IN NO EVENT WILL LICENSORS OR SUPPLIERS OF INTEL OR ITS AFFILIATES HAVE ANY LIABILITY UNDER OR RESULTING FROM THIS AGREEMENT. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE LIMITATIONS IN THIS SECTION 9 MAY NOT APPLY TO YOU.
For United States Government End Users. The Intel Application is a “commercial item,” as that term is defined at 48 C.F.R. 2.101 (OCT 1995), and more specifically is “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), the Intel Application is provided to U.S. Government End Users only as a commercial end item and with only those rights as are granted to all other customers pursuant to the terms and conditions herein.
Export Compliance. The Intel Application and related technology are subject to United States export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations, and you acknowledge that you have the responsibility to obtain authorization to export, re-export, or import the Intel Application and related technology, as may be required. You will indemnify and hold Intel and its Affiliates harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by you of your obligations under this section.
Governing Law and Legal Remedies. If permitted by the courts in your country of residence, matters arising out of or related to your use of the Intel Application and your compliance with this EULA will be construed, interpreted, applied and governed in all respects in accordance with the laws of the United States of America and the State of Delaware, without reference to conflict of laws principles. If the courts in your country of residence do not permit the laws of the United States of America and the State of Delaware to apply to your use of the Intel Application and your compliance with this EULA, then your country’s laws will apply instead. In any event, the provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply to this EULA. You acknowledge that the Intel Application contains valuable trade secrets and proprietary information of Intel, that any actual or threatened breach of Section 2 of this EULA by you will constitute immediate, irreparable harm to Intel for which monetary damages would be an inadequate remedy, and that in such cases Intel may ask a court for injunctive relief (an order stopping you from doing something) as an appropriate remedy, in addition to any other remedies that may be available to Intel.
General. Because the rights granted to you under this EULA are for your personal, non-commercial, educational purposes only, you may not assign the rights or the obligations arising under this EULA to any other person or entity, and any such attempted assignment or transfer will be void and without effect. Because Intel may have changing business and operational needs, including the manner in which it delivers the Intel Application to you, Intel may freely assign this EULA. Any notice to you may be provided by email to the address that you registered with Intel. Except as may be agreed between Intel and the school or other service provider that is making the Intel Application available to you, Intel has no responsibility to provide maintenance or support services with respect to the Intel Application. You agree and acknowledge that each supplier of third party software included in the Intel Application is a third party beneficiary of this EULA and will have the right to enforce this EULA directly against you to the extent their rights in their software may be affected. If any provision of this EULA is unenforceable under applicable law, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. All waivers by Intel will be effective only if in writing. Any waiver or failure by Intel to enforce any provision of this EULA on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. The headings of Sections of this EULA are for convenience and are not to be used in interpreting this EULA. This EULA is the final, complete, and exclusive agreement between you and Intel regarding your use of the Intel Application No amendment to this EULA will be valid unless in a writing hand-signed by the parties.
Changes. We may amend this EULA from time to time. Except as otherwise provided in this EULA, if we make material changes to this EULA, we will notify you by publishing the change via the Intel Service or sending you an e-mail at your primary email address, as specified in your Account. Except as otherwise provided in this EULA, any changes to this EULA will be effective immediately for new users of our Intel Application; otherwise these changes will be effective upon the earlier of fifteen (15) calendar days following our dispatch of an e-mail notice to you or fifteen (15) calendar days following our posting of a notice via the Intel Service. You are responsible at all times for updating your Account to provide to us your most current e-mail address. If the last e-mail address that you have provided to us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Intel Application following notice of such changes shall indicate your acknowledgement of, and EULA to be bound by, such changes. Except as otherwise provided in this EULA, no amendment to this EULA will be valid unless in a writing hand-signed by the parties.
Questions or Additional Information. If you have questions regarding this EULA, or wish to obtain additional information, please send an e-mail to email@example.com or write us at: Intel Services Division, 2200 Mission College Blvd., Santa Clara, CA 95054.
General. The following additional terms and conditions apply to you if you are using the Intel Application from iTunes. To the extent the other terms and conditions of this EULA are less restrictive than, or otherwise conflict with, the terms and conditions of this Addendum, the more restrictive or conflicting terms and conditions in this Addendum apply, but solely with respect to the Intel Applications from iTunes
Acknowledgement: Intel and you acknowledge that this EULA is concluded between Intel and you only, and not with Apple, and Intel, not Apple, is solely responsible for the Intel Application and the content thereof. To the extent this EULA provides for usage rules for the Intel Application that are less restrictive than the Usage Rules set forth for the Intel Application in, or otherwise is in conflict with, the iTunes Terms of Service, the more restrictive or conflicting Apple term applies.
Scope of License: The license granted to you for the Intel Application is limited to a non- transferable license to use the Intel Application on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the iTunes Terms of Service.
Maintenance and Support: Intel is solely responsible for providing any maintenance and support services with respect to the Intel Application, as specified in this EULA (if any), or as required under applicable law. Intel and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Intel Application.
Warranty: Intel is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Intel Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Intel Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Intel Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Intel’s sole responsibility.
Product Claims: Intel and you acknowledge that Intel, not Apple, is responsible for addressing any claims of you or any third party relating to the Intel Application or your possession and/or use of the Intel Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Intel Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This EULA does not limit Intel’s liability to you beyond what is permitted by applicable law.
Intellectual Property Rights: Intel and you acknowledge that, in the event of any third party claim that the Intel Application or your possession and use of the Intel Application infringes that third party’s intellectual property rights, Intel, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim pursuant to any terms agreed upon in the EULA or other relevant agreements.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address: Intel Services, LLC, 2200 Mission College Blvd., Santa Clara, CA 95054.
Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using the Intel Application.
Third Party Beneficiary: Intel and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.