INTEL SAMPLE/REFERENCE SOFTWARE LICENSE AGREEMENT
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
Do not use or load this software and any associated materials (collectively,
the "Sample Software") until you have carefully read the following terms and
conditions. By loading or using the Sample Software, you agree to the terms
of this Agreement. If you do not wish to so agree, do not install or use the
Sample Software.
1 DEFINITIONS
1.1 "Source Code" means the source code for the Licensed Software identified
below, as provided to Licensee, and as modified by Licensee for use with
Licensee Product.
1.2 "Object Code" means the executable or binary version of the Licensed
Software identified below, as provided to Licensee, and as modified by
Licensee for use with Licensee Product.
1.3 "Intel Product" means the product described in Exhibit A which is
purchased by Licensee from Intel for incorporation into Licensee Product.
1.4 "Licensed Software" means the software program(s) in Source Code (if
applicable in Exhibit A), executable, or Object Code as set forth in
Exhibit A.
1.5 "Licensed Documentation" means the end user documentation as set forth
in Exhibit A.
1.6 "Licensed Items" means the Licensed Software and the Licensed
Documentation, collectively.
1.7 "Licensee Product" means only products manufactured and distributed by
Licensee which incorporate Intel Products as set forth in Exhibit A.
2 LICENSE GRANT AND RESTRICTIONS
2.1 Intel license grants are set forth in Exhibit A. Distribution rights for
the Licensed Items granted in Exhibit A, if any, are conditioned upon Licensee's
distribution and license to its end-user customers pursuant to a written license
agreement. Such license agreement may be a "break-the-seal" license agreement.
At a minimum such license shall safeguard Intel's ownership rights to the
Licensed Items
2.2 No rights or licenses are granted by Intel to Licensee, expressly or by
implication, with respect to any proprietary information or patent, copyright,
mask work, trademark, trade secret, or other intellectual property right owned
or controlled by Intel, except as expressly provided in this Agreement.
3 PROPRIETARY RIGHTS
3.1 The Licensed Items and all copies are and shall remain the property of
Intel. If the applicable License Grant in Exhibit A provides for the creation
of modifications or derivative works, they shall be the property of Licensee
subject to any rights Intel may have in the Licensed Items. Licensee
understands and agrees that it does not have the right to distribute the
Licensed Items as a stand-alone product, nor to grant a license to any other
parties to distribute the Licensed Items as a stand-alone product under this
Agreement. Intel retains the right to use, copy, modify, sublicense, and
distribute the Licensed Items.
4 LIMITED WARRANTY
INTEL MAKES NO WARRANTY OF ANY KIND WITH REGARD TO LICENSED ITEMS. THE LICENSED
ITEMS IS LICENSED "AS IS", AND INTEL IS NOT OBLIGATED TO PROVIDE ANY SUPPORT OR
ASSISTANCE UNDER THIS AGREEMENT. NO INSTALLATION, TRAINING OR OTHER SERVICES
WILL BE PROVIDED BY INTEL UNDER THIS AGREEMENT. INTEL IS NOT OBLIGATED TO
PROVIDE ANY UPDATES, ENHANCEMENTS OR EXTENSIONS, ALTHOUGH INTEL MAY, AT ITS
DISCRETION, PROVIDE UPDATES CREATED IN THE NORMAL COURSE OF BUSINESS.
ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED ARE EXCLUDED, AND WILL NOT APPLY
TO THE LICENSED ITEMS IN ANY FORM.
Specifically, Intel will not have any liability to Licensee, or any third
party for:
a) any defects in the Licensed Items furnished hereunder; or
b) inability of Licensee to develop or modify the Licensed Items to conform
to any given performance level or specification; or
c) any claim of Licensee or any third party with respect to Licensed Items
arising out of the use or distribution of Licensed Items.
INTEL DOES NOT MAKE ANY WARRANTIES OF ANY KIND THAT THE LICENSED ITEMS DOES
NOT OR WILL NOT INFRINGE ANY COPYRIGHT, MASK WORK, PATENT, TRADE SECRET,
TRADEMARK, OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY IN
ANY COUNTRY.
5 LIMITATION OF LIABILITY
NEITHER INTEL NOR ITS VENDORS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, SPECULATIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT
NOT LIMITED TO LOSS OF PROFITS, LOSS OF USE, LOSS OF GOODWILL, OR INTERRUPTION
OF BUSINESS, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
6 INDEMNIFICATION
Licensee shall indemnify Intel and hold Intel harmless from and against any
and all actions, claims, defenses, damages, expenses (including attorneys'
fees) and liabilities arising from Licensee's use, modification, sublicensing
or other disposition of the Licensed Items, including suits or claims brought
against Intel by any third parties for Licensee's breach of any Licensee
warranty to the third party or for Licensee's negligence to the third party.
Licensee's duties under this Section 6 extend to any matters arising out of
the alleged infringement by the Licensed Items as modified by Licensee, of any
copyright, mask work, patent, trade secret, trademark, or other intellectual
property right.
7 CONFIDENTIALITY
7.1 General. Confidential information disclosed under this Agreement,
including the existence and content of this Agreement, shall be considered
"Confidential Information." Use and disclosure of such Confidential
Information shall be governed by the terms of Section ?7.2 of this Agreement.
7.2 Confidentiality of Terms. The receiving Party will maintain the
confidentiality of the Confidential Information of the disclosing Party with
at least the same degree of care that it uses to protect its own confidential
and proprietary information, but no less than a reasonable degree of care
under the circumstances. The disclosing Party will not assert any claims for
breach of this Section 7.2 or misappropriation of trade secrets against the
receiving Party arising from the receiving Party's disclosure of the
disclosing Party's Confidential Information made more than five (5) years from
the date of the disclosure, regardless of the termination of this Agreement.
However, unless at least one of the exceptions set forth in the immediately
proceeding sentence has occurred, the receiving Party will continue to treat
such Confidential Information as the confidential information of the
disclosing Party and only disclose any such Confidential Information to third
parties under the terms of a non-disclosure agreement. The parties hereto
shall keep the terms of this Agreement confidential and shall not now or
hereafter divulge these terms to any third party except:
(a) with the prior written consent of the other party;
(b) as otherwise may be required by law or legal process, including to
legal and financial advisors in their capacity of advising a party
in such matters;
(c) during the course of litigation, so long as the disclosure of such
terms and conditions are restricted in the same manner as is the
confidential information of other litigating parties; or
(d) in confidence to its legal counsel, accountants, banks and financing
sources and their advisors solely in connection with complying with
financial transactions; provided that, in (b) through (d) above,
(i) the disclosing party shall use all legitimate and legal means
available to minimize the disclosure to third parties, including without
limitation seeking a confidential treatment request or protective order
whenever appropriate or available; and (ii) the disclosing party shall
provide the other party with at least 10 days prior written notice of
such disclosure.
8 TERM AND TERMINATION
8.1 The term of this Agreement shall commence upon acceptance by click to
agree, and/or use of the code , and shall continue until Licensee ceases to
utilize the Licensed Items or this Agreement is terminated pursuant to
Sections?8.2 or?8.3.
8.2 Licensee may terminate this Agreement and the licenses granted herein at
any time upon written notice to Intel.
8.3 Intel reserves the right to have audits conducted to verify compliance
with this Agreement. In the event that Intel, in its sole discretion,
determines that the Licensed Items is not being used by Licensee exclusively
for the purposes set forth above, or if Licensee is in breach of any of the
terms and conditions of this Agreement, Intel has the right to immediately
terminate this License Agreement. In such event, Licensee agrees to
immediately return the Source Code to Intel, and to discontinue use and
distribution of Object Code.
8.4 Upon termination of this Agreement for any reason, the sections of this
Agreement entitled Indemnification, Limitation of Liability, and
Confidentiality shall remain in effect.
9 U.S. GOVERNMENT RESTRICTED RIGHTS
All copies of the Object Code distributed directly or indirectly to the U.S.
government are governed by and must be marked with the following legend:
"The enclosed software products and documentation were developed at private
expense, and are provided with "RESTRICTED RIGHTS." Use, duplication or
disclosure by the government is subject to restrictions as set forth in
FAR 52.227-14 and DFARS 252.227-7013 et. seq. or its successor. The use of
this product by the government constitutes acknowledgment of Intel's
proprietary rights in the product."
10 NOTICES
Notices shall be addressed to the following specific individuals or specific
departments of the parties to this Agreement at the address shown below:
Intel Corporation
2625 Walsh Avenue
Santa Clara, CA 95051-0988
Attn.: General Counsel
11 EXPORT CONTROL
In the event Licensed Items is exported from the United States or
exported/re-exported from a foreign destination by Licensee, Licensee shall
insure that the distribution and export/re-export of product is in compliance
with all laws, regulations, orders, or other restrictions of the U.S. Export
Administration Regulations. Licensee agrees that neither it nor any of its
subsidiaries will export/re-export any technical data, process, product, or
service, directly or indirectly to any country for which the United States
government or any agencies thereof requires an export license or other
government approval without first obtaining such license or approval.
12 RELATIONSHIP OF THE PARTIES
Neither party hereto will be deemed the agent or legal representative of the
other for any purpose whatsoever and each party will act as an independent
contractor with regard to the other in its performance under this Agreement.
Nothing herein will authorize either party to create any obligation or
responsibility whatsoever, express or implied, on behalf of the other or to
bind the other in any manner, or to make any representation, commitment or
warranty on behalf of the other.
13 PUBLIC RELEASE OF INFORMATION
Licensee will not release to the public or the media any notice or news
release concerning this license agreement or the manufacture of products
under this license agreement, without first submitting the prospective notice
or release to Intel and obtaining its prior written approval, which will not
be unreasonably withheld.
14 GENERAL
14.1 Any claim arising under or relating to this Agreement shall be governed
by the internal substantive laws of the State of Delaware or federal courts
located in Delaware, without regard to principles of conflict of laws.
14.2 Each party hereby agrees to jurisdiction and venue in the courts of
the State of California for all disputes and litigation arising under or
relating to this Agreement.
14.3 The rights and remedies provided in this Agreement are in addition to
any other rights and remedies provided at law or in equity.
14.4 This Agreement, including its attachments, constitutes the entire
agreement between the parties and supersedes all prior and contemporaneous
negotiations and agreements regarding the subject matter in this Agreement.
No amendment to or modification of this Agreement will be valid and binding
unless duly executed by the parties.
EXHIBIT A
A. DESCRIPTIONS:
"Licensed Software":
Intel sample/reference code for use with the Intel Embedded Graphics Drivers
(IEGD).
"Licensed Documentation"
N/A
"Intel Products"
Intel Embedded IA32 Chipsets, and associated Intel CPUs.
B. LICENSE GRANTS:
B.1 SOURCE AND OBJECT CODE WITH DERIVATIVES AND OBJECT CODE
DISTRIBUTION RIGHTS
Intel grants to Licensee a non-exclusive, royalty-free license under
Intel copyrights to modify the Source Code, solely for enabling the
Licensed Software to operate with Licensee Product containing an "Intel
Product". Licensee may create modifications to and merge portions of
the Source Code into Licensee's Product to create derivative works to
the Source Code and Object Code to operate only with an "Intel
Product". Notwithstanding Section ?7 of this Agreement, Intel grants
to Licensee a non-exclusive, royalty-free license under Intel copyrights
to distribute only the derivative works to the Source Code and the
derivative works to the Object Code and the Object Code to Licensee's
customers only for use with Licensee Product, and not as a stand-alone
product. Derivative works to the Source Code and Object Code, are
subject to the provisions of Section ?2.1, ?2.2, ?3.1 of this Agreement.
Licensee shall not reverse engineer, decompile, or disassemble any
object code in the Licensed Software.
B.2 LICENSED DOCUMENTATION WITH DISTRIBUTION RIGHTS
Intel grants to Licensee a non-exclusive, non-transferable, royalty-free
license under Intel copyrights to reproduce or have reproduced (solely
for the purpose of providing product to Licensee) and distribute the
Licensed Documentation to Licensee's customers only for use with
Licensee Product, and not as a stand-alone product.
Intel Corp
Rev. 04/05/07 IEGD
Download Driver Pack
After your driver has been downloaded, follow these simple steps to install it.
Expand the archive file (if the download file is in zip or rar format).
If the expanded file has an .exe extension, double click it and follow the installation instructions.
Otherwise, open Device Manager by right-clicking the Start menu and selecting Device Manager.
Find the device and model you want to update in the device list.
Double-click on it to open the Properties dialog box.
From the Properties dialog box, select the Driver tab.
Click the Update Driver button, then follow the instructions.
Very important: You must reboot your system to ensure that any driver updates have taken effect.
For more help, visit our Driver Support section for step-by-step videos on how to install drivers for every file type.