164 lines
7.6 KiB
Plaintext
164 lines
7.6 KiB
Plaintext
Intel(R) OpenVINO(TM) Distribution License (Version May 2021)
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This License Agreement ("Agreement") is a contract between you
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and Intel Corporation and its affiliates ("Intel"). It governs
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your use of the Intel(R) Distribution of OpenVINO(TM) Toolkit.
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If you are accepting this Agreement on behalf of your employer,
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you represent and warrant you have the authority to bind your
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employer to these terms. By downloading, installing, or using the
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Toolkit, you agree to these terms. If you do not agree, do not use
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the Toolkit, and destroy all copies.
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1. Definitions.
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1.1 "Confidential Information" means any information
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from Intel identified as confidential as well as the
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following whether or not marked as confidential, and
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code for OpenVINO which is provided as early access or
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pre-release.
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1.2 "including" means including but not limited to, whether
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or not capitalized.
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1.3 "Toolkit" means any component of the Intel(R)
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Distribution of OpenVINO(TM) Toolkit in unmodified form
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as provided by Intel, including software, any updates,
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and new versions of the software from Intel, and the
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accompanying documentation.
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1.4 "Redistributables" means any Intel copyrighted Toolkit
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component identified in an accompanying text file (i.e.
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redist.txt) as redistributable.
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1.5 "you or your" means you or you and your employer,
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whether or not capitalized.
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2. License.
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2.1 License. Subject to this Agreement, Intel grants to you,
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for the term, a worldwide, nonexclusive,
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nontransferable, non-sublicensable, revocable, fully
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paid-up license to:
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(a) use the Toolkit in your workplace;
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(b) modify source code of the Toolkit; and
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(c) distribute an object code version of the
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Redistributables under terms at least as restrictive
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as the terms in this Agreement.
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2.2 Restrictions. Except as authorized by a license from
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Intel or a third party open source license, you will not:
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(a) disclose Confidential Information to anyone who
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does not have a specific need to know the Confidential
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Information to exercise the rights granted in Section
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2.1; (b) use or modify the Toolkit in any other way; (c)
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reverse engineer, decompile, or disassemble the
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Toolkit; or (d) use the Toolkit to cause or contribute to a
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violation of any internationally recognized human right.
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2.3 No Other Licenses. In this Agreement, Intel does not
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license you to make, have made, sell or import anything
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or perform any patented process or method under any
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legal theory. Any other license from Intel requires
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additional consideration. Nothing in this Agreement
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requires Intel to grant any additional licenses.
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2.4 Feedback. If you give Intel information related to the
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Toolkit, Intel can use it in any way and disclose it to
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anyone, without payment or other obligation to you.
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2.5 Third-party Software. This Toolkit distribution may
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include software licensed directly to you by a third
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party. Your use of any third-party software is subject to
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your compliance with the third-party license. See the
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text files accompanying the Toolkit for any third party or
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additional Intel license terms.
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2.6 Open Source Licenses. Nothing in this Agreement limits
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any rights under, or grants rights that supersede or
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restrict, the terms of any applicable open source
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software license.
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3. Ownership. Ownership of the Toolkit and related
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intellectual property rights is unchanged. You must
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maintain all copyright or other notices in the Toolkit.
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4. No Warranty. The Toolkit is provided "as is," without
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any express or implied warranty of any kind including
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warranties of merchantability, non-infringement, title,
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or fitness for a particular purpose. The Toolkit may
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include pre-release software or algorithms and may not
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be fully functional. Intel is not required to maintain,
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update, or support the Toolkit.
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5. Limit on Liability. Intel is providing the Toolkit for free.
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Use it at your own risk. Intel will not be liable to you
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under any legal theory for any losses or damages in
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connection with or related to the Toolkit, including
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consequential damages, even if the possibility of
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damages was foreseeable or known. If any liability is
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found, Intel's total, cumulative liability to you will not
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exceed $100.00 USD for all claims arising from or
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related to this Agreement. These liability limitations are
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a fundamental basis of bargain and Intel would not
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have entered into this Agreement without them.
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6. Indemnity. You will indemnify, defend, and hold Intel
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harmless from any allegation against Intel arising in
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connection with your use of the Toolkit and you will pay
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all of Intel's losses, liabilities, and costs (including
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attorneys' fees) arising from any allegation.
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7. Privacy and Data Collection.
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7.1 Privacy. Intel respects your privacy. For information
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about why and how Intel may collect and use
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information from your use of the Toolkit see
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http://www.intel.com/privacy.
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7.2 Data Collection. Some Toolkit software may generate
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and collect information about the software and usage
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and transmit it to Intel to help Intel's products and
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services. This collected information may include
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product name, product version, time of event
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collection, license type, support type, installation status,
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hardware and software performance and use.
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8. General
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8.1 Compliance with Export Laws. The materials are
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subject to export controls under applicable government
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laws and regulations, including in the U.S. You must: a)
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comply with applicable laws and regulations and obtain
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any necessary authorizations; b) not export, import, or
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transfer the materials to any prohibited or sanctioned
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country, person, or entity; or c) not use the materials for
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the development, design, manufacture, or production of
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nuclear, missile, chemical, or biological weapons.
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8.2 Governing Law; Jurisdiction. This Agreement is
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governed by USA and Delaware law without regard to
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conflict of laws principles. The United Nations
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Convention on Contracts for the International Sale of
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Goods does not apply. All disputes and actions arising
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out of or related to this Agreement are subject to the
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exclusive jurisdiction of the state and federal courts in
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Wilmington, Delaware and you consent to personal
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jurisdiction in those courts.
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8.3 Severability. If a court holds a provision of this
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Agreement unenforceable, the court will modify that
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part to the minimum extent necessary to make that part
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enforceable or, if necessary, to sever that part. The rest
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of the provision remains fully enforceable.
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8.4 Waiver. No waiver of any provision of this Agreement
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will be valid unless in a writing signed by an authorized
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representative of Intel that specifies the waived
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provision. That signed waiver will not constitute a
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waiver of any other provision. The failure in enforcing
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any provision will not operate as a waiver.
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8.5 Assignment. You may not assign your rights or
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obligations under this Agreement without Intel's prior
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written consent.
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8.6 Entire Agreement. This Agreement constitutes the
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entire agreement and supersedes all prior agreements
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or dealings between Intel and you concerning its subject
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matter.
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9. Term, Termination, Survival
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9.1 Term. This Agreement begins upon your acceptance of
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its terms and continues until terminated under Section 9.2.
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9.2 Termination. This Agreement will automatically
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terminate upon your breach of the Agreement or an
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allegation that you do not have authority to bind your
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employer to these terms.
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9.3 Effect of Termination. Upon termination of the
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Agreement, the license to you will immediately
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terminate. You must cease utilizing the Toolkit and
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destroy all copies in your possession.
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9.4 Survival. All sections except Section 2.1 (license)
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survive termination of this Agreement.
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