TERMS OF USE AND SERVICE

PLEASE READ THESE TERMS OF USE AND SERVICE (“TERMS”) CAREFULLY. THEY FORM A LEGALLY BINDING AGREEMENT

IF YOU ARE A STUDENT (“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 THESE TERMS. IF YOU ARE A STUDENT WHO IS 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 THESE TERMS.

IF YOU REPRESENT A SCHOOL AND WANT TO USE THE INTEL SERVICE IN A CLASSROOM CONTEXT, PLEASE CONTACT INTEL AT bd@kno.com. YOUR SCHOOL WILL NEED TO ENTER INTO A MASTER SCHOOL AGREEMENT WITH INTEL. IF YOU ARE A TEACHER (“Teacher”) AND WANT TO USE THE INTEL SERVICE IN 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.

These Terms (“Agreement”) are between you and Intel Corporation and its Affiliates (“Intel,” “we,” “us” or “our”) and govern your access to and use of the Intel Service. Certain features of the Intel Service may be subject to additional guidelines, terms, or rules (“Usage Rules”), which will be posted on the Intel Service in connection with such features and are hereby incorporated by reference into this Agreement.

  1. Certain Definitions

    1. “Account” has the meaning given in Section 2.1.

    2. “Affiliates” means Intel Corporation and any of its subsidiaries.

    3. “Application Platform” means each third party application platform from which Intel or its Affiliates offers the Intel Application.

    4. “Digital Content” means digital books, journals, reference works, manuals (including lab and homework manuals) and other electronic information or content of any nature provided by Intel or its Affiliates under this Agreement.

    5. “EULA” means the end user license agreement for the Intel Application available at http://www.kno.com/eula; or any successor site, as may be updated from time to time in accordance with its terms.

    6. “Intel Application” means the software application provided by Intel or its Affiliates to view, manage, and administer Digital Content and any updates or upgrades thereto provided by Intel or its Affiliates.

    7. “Intel Service” means the provision by Intel or its Affiliates of the Intel Site, Intel Store, and Digital Content to you and related services under this Agreement.

    8. “Intel Site” means Intel’s website, currently at www.kno.com and any successor website.

    9. “Intel Store” means the provision by Intel or its Affiliates of Digital Content through the Intel Site (excluding through the Intel Application or through an Application Platform).

  2. User Accounts.

    1. When you register for the Intel Service, you must create a user account (“Account”). You will promptly update all Account information to keep it true, accurate, and complete. You will be responsible for all activities that occur under your Account, user name, and password and you agree to keep your password confidential. You agree to notify us immediately of any unauthorized use of your user name or password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your user name and/or password if we believe that your Account is no longer secure. You will not: (a) provide any false personal information as part of your Account information or in connection with the Intel Service; (b) create an Account for anyone other than yourself (or your child or your Student as applicable); (c) create or use more than one Account at any given time; (d) transfer your Account to anyone else; (e) permit others to use your Account (other than your child or your Student as applicable); or (f) use or access any other person’s Account.

    2. Alternatively, you may create an account by logging in with your credentials from your third party account with certain social networking sites (such as Twitter or Facebook). If you do so, you represent and warrant that you are entitled to disclose your login credentials to Intel and its Affiliates and/or grant Intel and its Affiliates access to your third party account without breach by you of any of the terms and conditions that govern your use of the applicable third party account and without obligating Intel or its Affiliates to pay any fees. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.

  3. User Content and Public Content

    1. License. You hereby grant to Intel and its Affiliates an irrevocable, non-exclusive, royalty-free and fully paid, worldwide, transferable license, under all intellectual property rights owned by you, with the right to sublicense through multiple tiers, to reproduce, distribute, modify, publicly display, publicly perform, prepare derivative works of, transmit, sell, offer for sale, and otherwise use (a) your Public Content in any manner and for any purpose and (b) your User Content for the purpose of providing you the Intel Service. You acknowledge and agree that, as part of this license grant, Intel and its Affiliates may sublicense the foregoing rights to certain third-party service providers to facilitate the provision of the Intel Service to you. “User Content” means any and all messages, comments, annotations, notes, stickies, highlights, and other content and information that a user submits or uploads to, posts on, or makes available to the Intel Service, excluding Public Content. “Public Content” means any and all messages, comments, annotations, notes, and other content and information that a user submits or uploads to, posts on, or makes available to public areas on the Intel Service (e.g., forums, blogs, or other community features). You represent and warrant that: (a) you have the right to grant the foregoing license and to post, submit, and make available your User Content and Public Content; and (b) your User Content and Public Content will not infringe, misappropriate, or violate any third party rights (including any intellectual property rights). You are solely responsible for your User Content and Public Content.

    2. User Guidelines. You represent, warrant, and agree that in your use of the Intel Service:

      • you will comply with all applicable laws, statutes, ordinances or regulations, including privacy laws and intellectual property laws;
      • you will not solicit, post, upload or knowingly download inappropriate, inaccurate, or objectionable content, including child pornography;
      • you will not bully, harass or advocate harassment of another user or person;
      • you will not solicit, post, upload or knowingly download passwords or personal data of any kind for commercial or unlawful purposes from other users, or engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes;
      • you will not post or upload content that contains “junk mail” or “chain letters”;
      • you will not solicit, post, upload or knowingly download content that is obscene or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      • you will not solicit, post, upload or knowingly download any virus, time bomb, worm, corrupted file, or other software routine capable of disrupting, disabling, or harming the operation of, or providing unauthorized access, to the Intel Service;
      • you will not knowingly open any unsolicited files or attachments sent to you that are not unambiguously part of the Intel Service;
      • you will not use the Intel Service to do or promote anything that is unlawful, illegal, misleading, defamatory, or libelous;
      • you will not promote, post, upload or knowingly download anything that contains, an illegal and/or unauthorized copy of another person’s copyrighted work (whether marked as such or not); and
      • your use of the Intel Service, and your User Content and Public Content will not otherwise create liability for Intel or its Affiliates.
    3. Enforcement. If you violate the guidelines listed above or any other guidelines posted on the Intel Service or the terms of this Agreement, or if Intel or its Affiliates believes that any of your conduct or content is offensive or illegal, violates the rights of, harms, or threatens the safety of third parties, or may create liability for Intel or its Affiliates or third parties, Intel reserves the right (but is not obligated) to investigate and take appropriate legal action in its sole discretion, including removing such content from the Intel Service, notifying the appropriate authorities regarding the source of such content, barring violators from accessing the Intel Service, and terminating the Accounts of such violators.

  4. Intel Store Terms of Sale. IF YOU ARE A STUDENT, THIS SECTION 4 DOES NOT APPLY TO YOU. ANY RIGHTS YOU MAY HAVE TO USE DIGITAL CONTENT IS THROUGH YOUR SCHOOL. PLEASE CONTACT YOUR SCHOOL OR TEACHER TO UNDERSTAND YOUR RIGHTS TO USE THE DIGITAL CONTENT PROVIDED BY INTEL TO YOU ON BEHALF OF YOUR SCHOOL. FOR THE AVOIDANCE OF DOUBT, THIS SECTION 4 DOES APPLY TO TEACHERS PURCHASING DIGITAL CONTENT FOR USE BY STUDENTS.

    1. Intel makes available Digital Content for purchase by you through the Intel Store. Prices are displayed with the applicable Digital Content. Prices and availability of all Digital Content are subject to change at any time. Intel reserves the right to discontinue or suspend the provision of any Digital Content at any time. You must provide valid credit card billing information or other payment information to purchase a license to Digital Content. You hereby authorize Intel to charge your credit card or other payment account the fees for licenses to Digital Content that you purchase in accordance with this Section 4. Our prices are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies and duties. In the event of a conflict between the prices displayed for any Digital Content, the price shown at the time you check out your order will be the price charged to you. Intel is not responsible for pricing errors. On occasion, technical problems may prevent or unreasonably delay download of the Digital Content for which you have purchased a license hereunder, in which case your sole and exclusive remedy will either be replacement or refund of the price paid, as determined by Intel. Upon your download of Digital Content, you are responsible for any loss, damage, or deletion of that Digital Content, and Intel and its Affiliates will have no liability to you for any loss, damage, or deletion of that Digital Content. You may return any Digital Content to Intel for a refund of the purchase price (including any tax paid) for any reason within fifteen (15) days of your purchase of a license to that Digital Content, if you have complied with all publisher return conditions for the applicable Digital Content, by following the procedure set forth on the Intel Store. If you return any Digital Content, all licenses with respect to that Digital Content will automatically terminate. Each Digital Content is deemed irrevocably accepted fifteen (15) days after download thereof.

    2. You grant Intel and its Affiliates the right to disable access to any Digital Content or remotely remove that Digital Content from your Intel Account and expressly consent to such disablement or removal, provided that Intel and its Affiliates will not exercise such right unless (a) you return the applicable Digital Content, (b) you breach this Agreement, or (c) Intel or its Affiliates determines that such Digital Content may create liability for, or harm to, you, Intel or its Affiliates, or any third party. In the case of (a) or (c) above your sole and exclusive remedy will be a refund of the Digital Content price (including any tax paid).

    3. Subject to the terms and conditions of this Agreement and the payment of all applicable fees for the Digital Content, Intel grants you, under intellectual property rights owned by or licensed to Intel and its Affiliates, a non-exclusive, non-transferable, revocable license to, always in accordance with and subject to the Usage Rules, reproduce, perform, display, download, and use Digital Content solely for your personal, non-commercial, educational purposes during the period designated for such Digital Content on the Intel Store. Additional terms relating to the Digital Content may be posted on the Intel Store. Usage Rules may include limitations on the rental period, your ability to cut, copy and paste, or print portions of an Digital Content, the number of applications from which you can access an Digital Content, geographic territories, and reading-aloud functionality.

    4. You will not, and you will not permit others to: (a) transmit, modify, publish, sell, rent, lease, loan, distribute, license, or otherwise transfer any Digital Content or any portion thereof or rights therein; (b) display, perform, or reproduce any Digital Content except as permitted under Section 4.3; (c) remove or modify any proprietary notices or labels on any Digital Content; or (d) bypass, modify, defeat, circumvent, or tamper with security or digital rights management features that protect or limit access to or use of any Digital Content.

    5. Purchases through Application Platforms or the Intel Application. DIGITAL CONTENT MAY BE PURCHASED THROUGH THE INTEL APPLICATION AND/OR THROUGH CERTAIN APPLICATION PLATFORMS (E.G., ITUNES). IF YOU PURCHASE DIGITAL CONTENT FROM ANYWHERE OTHER THAN THE INTEL STORE (E.G., THROUGH THE INTEL APPLICATION OR AN APPLICATION PLATFORM), SECTION 4.1 DOES NOT APPLY TO SUCH PURCHASE. INSTEAD, THE TERMS OF THE APPLICABLE APPLICATION PLATFORM WILL APPLY TO SUCH PURCHASE, INCLUDING ANY NO-RETURN POLICIES.

  5. License and Proprietary Rights

    1. Use of the Intel Service. Subject to the terms and conditions of this Agreement, Intel grants you, during the term of this Agreement, permission to access and use the Intel Service (excluding the Digital Content) solely for your personal, non-commercial, educational purposes.

    2. Use of the Digital Content. See Section 4 above.

    3. Use of the Intel Application. The Intel Application is subject to the EULA. Prior to downloading the EULA, you will be required to agree to the EULA. To the extent the EULA conflicts with this Agreement, the EULA applies solely with respect to the Intel Application.

    4. Restrictions. You will not: (a) permit any third party to access or use the Intel Service using your Intel Account (other than your child or your Student as applicable); (b) rent, lease, loan, sell, license, or transfer the Intel Service to any third party or exploit the Intel Service for commercial purposes; (c) interfere with, disrupt, alter, translate, or modify the Intel Service or any part thereof, or create an undue burden on the Intel Service or the networks or services connected to the Intel Service; (d) reverse engineer, decompile, disassemble, or reverse compile the Intel Service; or (e) introduce software or automated agents or scripts to 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 Service.

    5. Availability and Modification of the Intel Service. Intel reserves the right, from time to time, to suspend, modify, or discontinue the Intel Service, in whole or in part, with or without notice. You agree that Intel and its Affiliates will not be liable to you or to any third party for any modification, discontinuance, or suspension of the Intel Service, in whole or in part.

    6. Ownership. Intel and its Affiliates and their licensors own the Intel Service (excluding your User Content and Public Content), and all intellectual property rights relating to the foregoing. Any unauthorized reproduction, modification, distribution, transmission, display, or performance of any portion of the Intel Service (excluding your User Content and Public Content) is strictly prohibited. Intel and its Affiliates and their licensors reserve all rights not expressly granted under this Agreement. There are no implied licenses in this Agreement. Despite any use of the terms “purchase,” “buy,” “sell,” “sale,” or similar terms, all Digital Content and the applicable copies thereof are licensed to you under this Agreement, not sold.

    7. Feedback. By providing comments, suggestions, and other feedback relating to the Intel Service, Intel Application, Intel’s business, products and/or services (collectively, “Feedback”) to Intel, you grant to Intel and its Affiliates an irrevocable, non-exclusive, royalty-free and fully paid, worldwide, transferable license, under all intellectual property rights owned by you, with the right to sublicense through multiple tiers, to reproduce, distribute, modify, publicly display, publicly perform, prepare derivative works of, transmit, sell, offer for sale, and otherwise use and exploit such Feedback, in any format or medium now known or developed in the future, for any purpose and in any manner. Intel and its Affiliates will have no obligation to compensate you in connection with any Feedback.

    8. PRIVACY. IF YOU ARE A TEACHER, YOU ARE AGREEING (AND REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO AGREE) TO THE FOLLOWING TERMS ON BEHALF OF YOUR SCHOOL. YOU WILL ENSURE THAT YOUR SCHOOL COMPLIES WITH (OR YOU WILL COMPLY WITH ON BEHALF OF YOUR SCHOOL) THE FOLLOWING AND ANY BREACH BY YOUR SCHOOL OF THE FOLLOWING WILL BE DEEMED A BREACH BY YOU HEREUNDER. Your school hereby authorizes Intel and its Affiliates to process information from or about Students, including information such as course, class, scheduling, textbook and content, and teacher information (“Student Information”) in accordance with the Intel Education Services Privacy Policy (available at https://www.kno.com/privacy; or any successor site). Your school contracts with Intel and its Affiliates to offer the Intel Service to your school solely for the benefit of your school’s students and for your school system. Your school is solely responsible for compliance with applicable privacy laws and regulations, such as the Family Educational Rights and Privacy Act in the United States, and for obtaining any and all consents from a student or a student’s parent or guardian as required under applicable law for Intel and its Affiliates to process the Student Information as described above. INTEL WILL NOT BE LIABLE TO SCHOOL OR AUTHORIZED STUDENTS (INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR LAWSUITS, ADMINISTRATIVE CLAIMS, REGULATORY ACTIONS, FINES, PENALTIES, OR SIMILAR MATTERS) FOR VIOLATION OR NON-COMPLIANCE RESULTING FROM SCHOOL’S PROVISION TO INTEL OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, STUDENTS’ PERSONAL DATA) IN VIOLATION OF ANY LEGAL OR REGULATORY REQUIREMENTS.

  6. Other Users and Third Party Items

    1. Interaction with Other Users. You are solely responsible for your interactions with other users. Intel reserves the right, but has no obligation, to monitor or take any action regarding disputes between you and other users.

    2. Third Party Websites. Our Intel Service may contain links to Internet sites and services maintained by third parties. We do not control, operate or endorse in any respect information, products, or services on such third-party sites and are not responsible for their content. Many third-party sites and services have their own terms of use that differ from ours. This Agreement only applies to our Intel Service and do not apply to any other site or information, products, or services on such sites.

    3. Third Party Applications. Intel and its Affiliates may allow third parties to develop applications for use on the Intel Application and to provide services for use with such applications (“Third Party Apps”). You agree that no Third Party App is subject to the terms and conditions of this Agreement. Instead, each Third Party App is licensed under the terms of the end user license or other agreement that accompanies it. Intel and its Affiliates are not a party to that end user license or other agreement, and the Third Party App developer is exclusively responsible for that Third Party App and any associated warranties.

    4. Release. To the extent permitted under applicable law, you hereby release Intel and its Affiliates from any and all claims or liability related to: (a) any content posted on the Intel Service; or (b) the conduct, whether online or offline, of any other user, (c) third party websites, and/or (d) Third Party Applications and/or Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

  7. Term and Termination. If you fail to comply with any of the provisions of this Agreement, Intel, at its sole discretion and without notice to you, may terminate this Agreement. You may terminate this Agreement by sending an e-mail to support@kno.com. In addition, this Agreement will terminate automatically without notice from Intel if you fail to comply with any term(s) of this Agreement. Upon termination, your right to access and use the Intel Service will terminate immediately. You will remain liable for all amounts due under your Account up to and including the date of termination. You agree that we will have no liability to you for any costs, expenses, losses, damages, or liabilities relating to such termination and that Intel may delete your User Content and Public Content from its servers and databases upon such termination. Notwithstanding any termination, the following provisions of this Agreement will remain in effect: Sections 1, 3, 4, 5.4-5.7, and 5.8 through 16.

  8. Warranty Disclaimer. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, INTEL AND ITS AFFILIATES (AND THEIR LICENSORS AND SUPPLIERS) PROVIDE THE INTEL SERVICE AND ALL OTHER INFORMATION AND CONTENT ON THE INTEL SERVICE AND OTHERWISE IN CONNECTION WITH THIS AGREEMENT “AS-IS” AND “AS AVAILABLE” 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. USE OF THE INTEL SERVICE AND ALL OTHER INFORMATION OR CONTENT ON THE INTEL SERVICE OR OTHERWISE PROVIDED BY INTEL AND ITS AFFILIATES (OR THEIR LICENSORS AND SUPPLIERS) IN CONNECTION WITH THIS AGREEMENT IS AT YOUR OWN RISK. INTEL AND ITS AFFILIATES (AND THEIR LICENSORS AND SUPPLIERS) MAKE NO WARRANTY THAT THE INTEL SERVICE OR ANY OTHER INFORMATION OR CONTENT ON THE INTEL SERVICE OR PROVIDED BY INTEL AND ITS AFFILIATES (OR THEIR LICENSORS AND SUPPLIERS) IN CONNECTION WITH THIS AGREEMENT 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. YOU AGREE THAT INTEL AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY FAILURE TO BACK UP ANY PORTION OF DIGITAL CONTENT DOWNLOADED BY YOU OR YOUR USER CONTENT OR PUBLIC CONTENT. INTEL AND ITS AFFILIATES DO NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES CONDUCTED ON THE INTEL SERVICE.

  9. 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 SERVICE OR ANY OTHER INFORMATION OR CONTENT ON THE INTEL SERVICE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, 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 SERVICE AND ANY OTHER INFORMATION AND CONTENT ON THE INTEL SERVICE AND OTHERWISE IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID BY YOU FOR HEREUNDER OR 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.

  10. User Indemnification. You agree to indemnify and hold Intel and its Affiliates, and their directors, officers, agents, and employees harmless from any and all losses, damages, liabilities, claims, demands, costs, or expenses, including reasonable attorneys’ fees, relating to your: (a) User Content or Public Content; (b) use of the Intel Service; (c) breach of this Agreement; (d) breach or inaccuracy of any representation or warranty made under this Agreement; or (e) violation of any applicable law or any right of any third party.

  11. Disclosures. Intel is located at 2200 Mission College Blvd., Santa Clara, CA 95054. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

  12. Electronic Communications. The communications between you and Intel use electronic means, whether you use the Intel Service or send us emails, or whether Intel posts notices on the Intel Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Intel in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Intel provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

  13. Governing Law and Legal Remedies. If permitted by the courts in your country of residence, this Agreement and the relationship between you and Intel is governed by the laws of the United States of American and the State of Delaware without reference to conflict of laws principles, and you and Intel submit to the personal and exclusive jurisdiction of the courts located within the State of Delaware for resolution of all disputes arising out of or related to this Agreement. If the courts in your country of residence to 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 Agreement. You acknowledge that the Intel Service contains valuable trade secrets and proprietary information of Intel, that any actual or threatened breach of this Agreement 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.

  14. General. You and we are independent contractors. If any provision of this Agreement 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 Agreement 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 Agreement are for convenience and are not to be used in interpreting this Agreement. This Agreement and the documents referred to herein or incorporated by reference constitute the final, complete, and exclusive agreement between you and us regarding the subject hereof and supersede all prior or contemporaneous agreements, understandings, and communication, whether written or oral. You may not assign this Agreement without Intel’s prior written consent, and any assignment in violation of the foregoing is null and void. Intel may freely assign this Agreement among its Affiliates.

  15. Changes. We may amend this Agreement or the Usage Rules from time to time. Except as otherwise provided in this Agreement, if we make material changes to this Agreement or the Usage Rules, 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 Agreement, any changes to this Agreement or the Usage Rules will be effective immediately for new users of our Intel Service; 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 Service following notice of such changes indicates your acknowledgement of, and agreement to be bound by, such changes. Except as otherwise provided in this Agreement, no amendment to this Agreement or the Usage Rules will be valid unless in a writing hand-signed by you and us.

  16. Trademark and Copyright Notice. Intel, the Intel logo, the Intel Education logo, Intel Inside, and the Intel Inside logo are trademarks of Intel Corporation in the U.S. and/or other countries. A complete list of Intel trademarks can be found at http://www.intel.com/content/www/us/en/legal/trademarks.html. You may not use any Intel trademark or service mark without obtaining Intel’s prior written permission. Other names and brands may be claimed as the property of others.

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