Update Intel license
BUG:18229025
Change-Id: I6176cce878e651156f88d1d3dac2d86d1076f933
diff --git a/self-extractors/intel/LICENSE b/self-extractors/intel/LICENSE
index bff174b..33f47d4 100644
--- a/self-extractors/intel/LICENSE
+++ b/self-extractors/intel/LICENSE
@@ -1,15 +1,16 @@
THIS DEVELOPER SOFTWARE LICENSE AGREEMENT (THE "AGREEMENT") IS A LEGALLY
-BINDING AGREEMENT BETWEEN INTEL CORPORATION ("LICENSOR") AND
-YOU OR THE LEGAL ENTITY YOU REPRESENT ("You" or its possessive, "Your"). BY
-TYPING "I ACCEPT" WHERE INDICATED YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
-AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
-IF YOU DO NOT AGREE TO THESE TERMS YOU MUST DISCONTINUE THE INSTALLATION
-PROCESS AND YOU SHALL NOT USE THE SOFTWARE OR RETAIN ANY COPIES OF THE
-SOFTWARE OR DOCUMENTATION. ANY USE OR POSSESSION OF THE SOFTWARE BY YOU IS
-SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF THE
-SOFTWARE IS INSTALLED ON A COMPUTER OWNED BY A CORPORATION OR OTHER LEGAL
-ENTITY, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND
-SUCH ENTITY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
+BINDING AGREEMENT BETWEEN INTEL CORPORATION ("LICENSOR") AND YOU OR THE LEGAL
+ENTITY YOU REPRESENT ("You" or its possessive, "Your"). BY TYPING "I ACCEPT"
+WHERE INDICATED YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND
+IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO
+THESE TERMS YOU MUST DISCONTINUE THE INSTALLATION PROCESS AND YOU SHALL NOT
+USE THE SOFTWARE ACCOMPANYING THIS AGREEMENT, TOGETHER WITH UPDATES AND
+RELATED DOCUMENTATION (IF ANY) OR RETAIN ANY COPIES OF THE SOFTWARE OR
+DOCUMENTATION. ANY USE OR POSSESSION OF THE SOFTWARE BY YOU IS SUBJECT TO THE
+TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF THE SOFTWARE IS INSTALLED
+ON A COMPUTER OWNED BY A CORPORATION OR OTHER LEGAL ENTITY, THEN YOU REPRESENT
+AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THE TERMS AND
+CONDITIONS OF THIS AGREEMENT.
1. Special Definitions
@@ -24,188 +25,202 @@
c. The term "Authorized Android Enabled Device" means only the device
identified on the site from which You downloaded the Software.
- The term "Software" means the Licensor's proprietary software and
- libraries in object code form, designed for use on the Authorized
- Android Enabled Device.
- d. The term "Authorized Android Enabled Device Software" means a
- packaged build for Authorized Android Enabled Devices, consisting
- of files suitable for installation on an Authorized Android Enabled
+ d. The term "Software" means the Licensor’s and its suppliers’
+ proprietary software and libraries in object code form, together with
+ documentation (if any), designed for use on the Authorized Android
+ Enabled Device.
+
+ e. The term "Authorized Android Enabled Device Software" means a
+ packaged build for Authorized Android Enabled Devices, consisting of
+ a file suitable for installation on an Authorized Android Enabled
Device using a mechanism such as fastboot mode or recovery mode.
+ f. “Licensed Patent Claims” means the claims of Intel's patents that are
+ necessarily and directly infringed by the use of the Software in its
+ unmodified form as delivered by Licensor to You and not modified, or
+ combined with anything else.
+
2. License Grant
a. Subject to the terms of this Agreement, Licensor hereby grants to
You, free of charge, a non-exclusive, non-sublicensable,
- non-transferable, limited license, during the term of
- this Agreement, to download, install and use the Software
- internally in machine-readable (i.e., object code) form and the
- Documentation for non-commercial use on an Authorized Android
- Enabled Device and non-commercial redistribution of the Authorized
- Android Enabled Device Software (the "Limited Purpose"). You may
- grant your end users the right to use the Software for
- the Limited Purpose.
- The license to the Software granted to You hereunder is solely for
- the Limited Purpose set forth in this section, and the Software
+ non-transferable, limited license, during the term of this Agreement:
+
+ (1) under Licensor’s copyrights (i) to internally reproduce and
+ install the Software only for use with the Authorized Android Enabled
+ Device Software on an Authorized Android Enabled Device for
+ non-commercial use and (ii) to redistribute the Software solely in
+ machine-readable (i.e., object code) form and only in combination with
+ the Authorized Android Enabled Device Software on an Authorized
+ Android Enabled Device for non-commercial use (the “Limited Purpose”).
+ You may grant your end users the right to use the Software for the
+ Limited Purpose under terms which are at least as restrictive as this
+ Binary License, provided however, You may not grant Your end users the
+ right to redistribute the Software.
+
+ (2) under Licensor’s Licensed Patent Claims to use the Software for
+ the Limited Purpose permitted under the copyright license set forth
+ in Section 2(a)(1) above.
+
+ (3) The license to the Software granted to You hereunder is solely
+ for the Limited Purpose set forth in this section, and the Software
shall not be used for any other purpose.
3. Restrictions
a. Retention of Rights. The entire right, title and interest in the
- Software shall remain with Licensor and, unless specified in
- writing hereunder, no rights are granted to any of the Software.
- Except for the right to use the Software for the Limited Purpose,
- the delivery of the Software to You does not convey to You any
- intellectual property rights in the Software, including, but not
- limited to any rights under any patent, trademark, copyright, or
- trade secret. Neither the delivery of the Software to You nor any
- terms set forth herein shall be construed to grant to You, either
- expressly, by implication or by way of estoppel, any license under
- any patents or other intellectual property rights covering or
- relating to any other product or invention or any combination of
- the Software with any other product. Any rights not expressly
- granted to You herein are reserved by Licensor.
+ Software shall remain with Licensor (or its respective licensors)
+ and, except as expressly specified in writing hereunder, no rights
+ are granted to any of the Software. Except for the right to use the
+ Software for the Limited Purpose, the delivery of the Software to You
+ does not convey to You any intellectual property rights in the
+ Software, including, but not limited to any rights under any patent,
+ trademark, copyright, or trade secret. Neither the delivery of the
+ Software to You nor any terms set forth herein shall be construed to
+ grant to You, either expressly, by implication or by way of estoppel,
+ any license under any patents or other intellectual property rights
+ covering or relating to any other product or invention or any
+ combination of the Software with any other product. Any rights not
+ expressly granted to You herein are reserved by Licensor.
- b. No Commercialization or Distribution of the Software and
- Documentation. Except as expressly provided in Section 2 of this
- Agreement, You shall have no right to (i) copy, disclose,
- distribute, publically perform, publically display, transfer,
- alter, modify, translate, disassemble, decompile, reverse engineer,
- or adapt the Software and Documentation, or any portion thereof, or
- create any derivative works based thereon; (ii) rent, lease,
- assign, sublicense, resell, disclose or otherwise transfer the
- Software and Documentation in whole or in part to any third party
- (iii) use the Software and Documentation except for the Limited
- Purpose, (iv) remove or alter any of the copyright or proprietary
- notices contained in any of the Software and Documentation. For the
- purposes of clarity, nothing in this Agreement prohibits You from
- making and distributing Android Applications under commercial or
+ b. No Commercialization or Distribution of the Software. Except as
+ expressly provided in Section 2 of this Agreement, You shall have no
+ right to (i) copy, disclose, distribute, publically perform,
+ publically display, transfer, alter, modify, translate, disassemble,
+ decompile, reverse engineer, or adapt the Software, or any portion
+ thereof, or create any derivative works based thereon; (ii) rent,
+ lease, assign, sublicense, resell, disclose or otherwise transfer the
+ Software in whole or in part to any third party (iii) use the
+ Software except for the Limited Purpose, (iv) remove or alter any of
+ the copyright or proprietary notices contained in any of the Software.
+ For the purposes of clarity, nothing in this Agreement prohibits You
+ from making and distributing Android Applications under commercial or
non-commercial terms, provided that You shall not contain,
incorporate, and/or compile the Software or any of its derivative
- works, in whole or in part, into Your Android Applications and/or
- any software/devices created by You or by third parties acting on
- Your behalf. You and any such third party shall comply with all of
- the terms and conditions of this Agreement.
+ works, in whole or in part, into Your Android Applications and/or any
+ software/devices created by You or by third parties acting on Your
+ behalf. You and any such third party shall comply with all of the
+ terms and conditions of this Agreement.
- c. No Reverse Engineering. Except for any portions of the Software
- provided to You in source code format and except for any third
- party code distributed with the Software that is licensed under
- contrary terms, You will not reverse engineer, disassemble,
- decompile, or translate the Software, or otherwise attempt to
- derive the source code version of the Software, except if and to
- the extent expressly permitted under any applicable law.
+ c. No Reverse Engineering. Except for any third party code distributed
+ with the Software that is licensed under contrary terms, You will not
+ reverse engineer, disassemble, decompile, or translate the Software,
+ or otherwise attempt to derive the source code version of the
+ Software, except if and to the extent expressly permitted under any
+ applicable law.
- d. Third Party Software. You agree that Android may contain third
- party software. You agree that you may not distribute such third
- party software for any purpose without appropriate licenses from
- the applicable third party or parties.
+ d. Third Party Software. You agree that the Software may contain third
+ party software. You agree that you may not distribute such third
+ party software for any purpose without appropriate licenses from the
+ applicable third party or parties.
- e. No Transfer or Assignment. You shall not assign any of its rights
- or obligations under this Agreement. Any attempted assignment in
+ e. No Transfer or Assignment. You shall not assign any of its rights or
+ obligations under this Agreement. Any attempted assignment in
contravention of this Section shall be void.
4. Indemnity
- a. You agree to indemnify and hold harmless Licensor and
- its officers, directors, customers, employees and successors and
+ a. You agree to indemnify and hold harmless Licensor, its licensors and
+ their officers, directors, customers, employees and successors and
assigns (each an "Indemnified Party") against any and all claims,
demands, causes of action, losses, liabilities, damages, costs and
expenses, incurred by the Indemnified Party (including but not
- limited to costs of defense, investigation and reasonable
- attorney's fees) arising out of, resulting from or related to
- (i) any software, products, documentation, content, materials or
- derivative works created or developed by You using the Software
- which causes an infringement of any patent, copyright, trademark,
- trade secret, or other property, publicity or privacy rights of any
- third parties arising in any jurisdiction anywhere in the world,
- (ii) the download, distribution, installation, storage, execution,
- use or transfer of such software, products, documentation, content,
- materials or derivative works by any person or entity, and/or
- (iii) any breach of this Agreement by You. If requested by an
- Indemnified Party, You agree to defend such Indemnified Party in
- connection with any third party claims, demands, or causes of
- action resulting from, arising out of or in connection with any of
- the foregoing.
+ limited to costs of defense, investigation and reasonable attorney's
+ fees) arising out of, resulting from or related to (i) any software,
+ products, documentation, content, materials or derivative works
+ created or developed by You using the Software which causes an
+ infringement of any patent, copyright, trademark, trade secret, or
+ other property, publicity or privacy rights of any third parties
+ arising in any jurisdiction anywhere in the world, (ii) the download,
+ distribution, installation, storage, execution, use or transfer of
+ such software, products, documentation, content, materials or
+ derivative works by any person or entity, and/or (iii) any breach of
+ this Agreement by You. If requested by an Indemnified Party, You
+ agree to defend such Indemnified Party in connection with any third
+ party claims, demands, or causes of action resulting from, arising
+ out of or in connection with any of the foregoing.
5. Limitation of Liability
a. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO
CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL
- LICENSOR, ITS AFFILIATES AND/OR ITS DIRECTORS, OFFICERS,
- EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
- SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT
- LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
- INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING
- OUT OF OR IN CONNECTION WITH THE SOFTWARE OR ANY DOWNLOAD,
+ LICENSOR, ITS LICENSORS, ITS AFFILIATES AND/OR THEIR DIRECTORS,
+ OFFICERS, EMPLOYEES OR AGENTS (“LICENSOR PARTIES”) BE LIABLE FOR ANY
+ INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
+ (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS,
+ BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE)
+ ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR ANY DOWNLOAD,
INSTALLATION OR USE OF, OR INABILITY TO USE, THE SOFTWARE, EVEN IF
- LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
- DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
- EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO
- THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY OR MAY BE LIMITED.
- IN NO EVENT SHALL LICENSOR'S TOTAL AGGREGATE LIABILITY
- TO YOU FOR ANY AND ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF
- ACTIONS (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE,
- INDEMNIFICATION OR OTHERWISE) EXCEED ONE HUNDRED U.S. DOLLARS
- (US$100). THE LIMITATIONS SET FORTH IN THIS PARAGRAPH SHALL BE
- DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- THE PARTIES HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK
- AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS IN THIS
- PARAGRAPH ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE
- PARTIES.
+ ANY LICENSOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
+ DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
+ OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE
+ LIMITATION OR EXCLUSION MAY NOT APPLY OR MAY BE LIMITED. IN NO EVENT
+ SHALL ANY LICENSOR PARTY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY
+ AND ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTIONS (WHETHER IN
+ CONTRACT, TORT, INCLUDING NEGLIGENCE, INDEMNIFICATION OR OTHERWISE)
+ EXCEED ONE HUNDRED U.S. DOLLARS (US$100). THE LIMITATIONS SET FORTH
+ IN THIS PARAGRAPH SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT
+ PERMITTED BY APPLICABLE LAW. THE PARTIES HAVE FULLY CONSIDERED THE
+ FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE
+ FOREGOING LIMITATIONS IN THIS PARAGRAPH ARE AN ESSENTIAL BASIS OF
+ THE BARGAIN BETWEEN THE PARTIES.
6. No Warranty
- a. LICENSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH
- RESPECT TO THE SOFTWARE AND DOCUMENTATION PROVIDED UNDER THIS
- AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF
- MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST
- INFRINGEMENT, OR ANY EXPRESS OR IMPLIED WARRANTY ARISING OUT OF
- TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE.
- NOTHING CONTAINED IN THIS AGREEMENT SHALL BE CONSTRUED AS A
- WARRANTY OR REPRESENTATION BY LICENSOR (I) AS TO THE VALIDITY OR
- SCOPE OF ANY PATENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT
- AND (II) THAT ANY MANUFACTURE OR USE WILL BE FREE FROM INFRINGEMENT
- OF PATENTS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF
- OTHERS, AND IT SHALL BE THE SOLE RESPONSIBILITY OF YOU TO MAKE SUCH
- DETERMINATION AS IS NECESSARY WITH RESPECT TO THE ACQUISITION OF
- LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY OF THIRD
- PARTIES. Licensor SHALL NOT HAVE ANY OBLIGATION TO
- PROVIDE ANY TECHNICAL SUPPORT OF THE SOFTWARE UNDER THIS AGREEMENT.
+ a. NEITHER LICENSOR NOR ANY OF ITS LICENSORS OF THE SOFTWARE MAKES ANY
+ WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE AND
+ DOCUMENTATION PROVIDED UNDER THIS AGREEMENT, INCLUDING BUT NOT
+ LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
+ PARTICULAR PURPOSE OR AGAINST INFRINGEMENT, OR ANY EXPRESS OR IMPLIED
+ WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR
+ COURSE OF PERFORMANCE. NOTHING CONTAINED IN THIS AGREEMENT SHALL BE
+ CONSTRUED AS A WARRANTY OR REPRESENTATION BY LICENSOR (OR ANY OF ITS
+ LICENSORS OF THE SOFTWARE) (I) AS TO THE VALIDITY OR SCOPE OF ANY
+ PATENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT AND (II) THAT
+ ANY MANUFACTURE OR USE WILL BE FREE FROM INFRINGEMENT OF PATENTS,
+ COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS, AND IT
+ SHALL BE THE SOLE RESPONSIBILITY OF YOU TO MAKE SUCH DETERMINATION AS
+ IS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER
+ PATENTS AND OTHER INTELLECTUAL PROPERTY OF THIRD PARTIES. NEITHER
+ LICENSOR NOR ANY OF ITS LICENSORS OF THE SOFTWARE SHALL HAVE ANY
+ OBLIGATION TO PROVIDE ANY TECHNICAL SUPPORT OF THE SOFTWARE UNDER
+ THIS AGREEMENT.
7. Term and Termination
a. This Agreement shall be effective on the date You accept this
Agreement and shall remain in effect until terminated as provided
herein. You may terminate the Agreement at any time by deleting and
- destroying all copies of the Software and all related information
- in Your possession or control. This Agreement terminates
- immediately and automatically, with or without notice, if You fail
- to comply with any provision hereof. Additionally, Licensor may at
- any time terminate this Agreement, without cause, upon notice to
- You. Upon termination You must delete or destroy all copies of the
- Software in Your possession, and the license granted to You in this
- Agreement shall terminate. Sections 3, 4, 5, 6 and 8 shall survive
- the termination of this Agreement.
+ destroying all copies of the Software and all related information in
+ Your possession or control. This Agreement terminates immediately
+ and automatically, with or without notice, if You fail to comply
+ with any provision hereof. Additionally, Licensor may at any time
+ terminate this Agreement, without cause, upon notice to You. Upon
+ termination You must delete or destroy all copies of the Software
+ in Your possession, and the license granted to You in this Agreement
+ shall terminate. Sections 3, 4, 5, 6 and 8 shall survive the
+ termination of this Agreement.
8. Miscellaneous
a. Governing Law. This Agreement is governed and interpreted in
- accordance with the laws of the State of California without giving
+ accordance with the laws of the State of New York without giving
effect to its conflict of laws provisions. The United Nations
Convention on Contracts for the International Sale of Goods is
expressly disclaimed and shall not apply. Any claim arising out of
or related to this Agreement must be brought exclusively in a
- federal or state court located in Santa Clara County, California
- and You consent to the jurisdiction and venue of such courts.
+ federal or state court located in the State of New York and You
+ consent to the jurisdiction and venue of such courts.
b. Waiver and Severability. The failure of either party to require
performance by the other party of any provision of this Agreement
shall not affect the full right to require such performance at any
- time thereafter; nor shall the waiver by either party of a breach
- of any provision of this Agreement be taken or held to be a waiver
- of the provision itself. Severability. If any provision of this
- Agreement is unenforceable or invalid under any applicable law or
- is so held by applicable court decision, such unenforceability or
+ time thereafter; nor shall the waiver by either party of a breach of
+ any provision of this Agreement be taken or held to be a waiver of
+ the provision itself. Severability. If any provision of this
+ Agreement is unenforceable or invalid under any applicable law or is
+ so held by applicable court decision, such unenforceability or
invalidity shall not render this Agreement unenforceable or invalid
as a whole, and such provision shall be changed and interpreted so
as to best accomplish the objectives of such unenforceable or
