Discovery Tool License Agreement

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OPEN SOURCE STATEMENT. The Software may include Open Source Software that is licensed pursuant to the applicable Open Source Software license agreements identified in the Open Source Software comments in the applicable Source Code files or file headers provided with or otherwise associated with the Software. Additional details may be provided (where applicable) in the accompanying online documentation, or within the user interface of the device, if any. With respect to Open Source Software, nothing in this Agreement limits any rights under, or grants rights that supersede, the terms of any applicable Open Source Software license agreement. Neither Licensee nor any OEM, ODM, customer, or distributor may subject the Software or Documentation, in whole or in part, to any license obligations associated with Open Source Software including combining or distributing the Software or Documentation with Open Source Software in a manner that subjects Intel or any portion of the Software to any license obligations of the Open Source Software.

Right of inspection. At any time during the term of this Agreement, Intel has the right, by giving Licensee reasonable notice, to have an independent auditor inspect Licensee’s relevant records to verify Licensee’s compliance with the terms and conditions of this Agreement. If the inspection reveals any material non-compliance with the terms of this Agreement, in addition to Intel’s other rights and remedies, Intel has the right to terminate this Agreement and all licenses granted under this Agreement.

CONFIDENTIALITY. Except as expressly permitted in, and subject to Licensee’s compliance with, the License Limitations section above with respect to Licensee’s authorized consultants and subcontractors, Licensee may not disclose the terms of this Agreement. Licensee may not use Intel's name in any publications, advertisements, or other announcements without Intel's prior written consent. Licensee does not have any right to use any Intel trademarks or logos under this Agreement.

OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to the Software and Documentation, including all copies, remains with Intel or its suppliers, as applicable. The Software and Documentation is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. Licensee may not remove any copyright notices from the Software or Documentation.

SUPPORT. Intel may make changes to the Software, or to items referenced in the Software, at any time without notice, but is not obligated to support, update, or provide training for the Software. Intel may in its sole discretion offer those services under separate terms at Intel’s then-current rates. Licensee may request additional information on Intel’s service offerings from an Intel sales representative. Licensee agrees to be solely responsible to Licensee’s End Users for any update or support obligation or other liability that may arise from the distribution of the Software.

EXCLUSION OF WARRANTIES. THE SOFTWARE AND DOCUMENTATION ARE 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 or Documentation.

LIMITATION OF LIABILITY. IN NO EVENT WILL INTEL OR ITS AFFILIATES OR SUPPLIERS (INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. LICENSEE IS RESPONSIBLE FOR BACKING UP DATA ON ITS SYSTEM BEFORE INSTALLING THE SOFTWARE AND AT REGULAR INTERVALS DURING ITS USE. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY IN PART NOT APPLY TO LICENSEE. LICENSEE MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE SOFTWARE IS NOT AUTHORIZED, DESIGNED OR INTENDED FOR USE IN ANY MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS, TRANSPORTATION SYSTEMS, NUCLEAR SYSTEMS, OR FOR ANY OTHER MISSION CRITICAL APPLICATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO PERSONAL INJURY OR DEATH. LICENSEE WILL INDEMNIFY AND HOLD INTEL AND ITS AFFILIATES AND SUPPLIERS (INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) HARMLESS AGAINST ALL CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), ARISING, DIRECTLY OR INDIRECTLY, OUT OF, OR RELATED TO, THE UNAUTHORIZED USE OR DISTRIBUTION OF THE SOFTWARE AND ANY CLAIM OF PRODUCT LIABILITY, PERSONAL INJURY, OR DEATH ASSOCIATED WITH ANY UNAUTHORIZED OR UNINTENDED USE, EVEN IF THE CLAIM ALLEGES THAT INTEL OR AN INTEL AFFILIATE OR SUPPLIER WAS NEGLIGENT IN THE DESIGN OR MANUFACTURE OF THE SOFTWARE. THE LIMITED REMEDIES, WARRANTY DISCLAIMER, AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTEL AND LICENSEE, AND INTEL WOULD NOT BE ABLE OR WILLING TO PROVIDE THE SOFTWARE WITHOUT THESE LIMITATIONS.

TERMINATION. This Agreement may be terminated as follows: (1) Intel may terminate this Agreement (A) immediately on notice if Licensee violates any terms or conditions of this Agreement; or (B) 30 days after Intel provides a notice of termination. Intel may provide notice by posting on the Download Site, or by email to the address that Licensee provided to Intel at the time Licensee downloaded the Software or to a different email address designated by Licensee in a written notice that Intel actually received; and (2) Licensee may terminate this Agreement by ceasing use of the Software and Documentation. On any termination, Licensee must immediately destroy the Software and Documentation (including, if requested by Intel, providing certification of the destruction to Intel). If either party terminates this Agreement, all licenses granted to Licensee under this Agreement will immediately terminate.

GOVERNING LAW; JURISDICTION. All disputes arising out of or related to this Agreement, whether based on contract, tort, or any other legal or equitable theory,