Legal Information
Intel Integrated Sensor Solution FDK License Agreement
INTEL INTEGRATED SENSOR SOLUTION FIRMWARE DEVELOPER KIT (FDK)

LICENSE AGREEMENT

IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.

DO NOT USE OR LOAD THIS SOFTWARE AND ASSOCIATED MATERIALS (COLLECTIVELY, THE SOFTWARE) UNTIL YOU HAVE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. BY LOADING OR USING THIS INTEL SOFTWARE, YOU AGREE TO THE TERMS OF THIS SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT (THE AGREEMENT). IF YOU DO NOT WISH TO SO AGREE, DO NOT COPY, INSTALL OR USE THIS INTEL SOFTWARE. IF YOU ARE AN AGENT OR EMPLOYEE OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH LEGAL ENTITY TO THIS AGREEMENT.

1.DEFINITIONS.

1.1. Developer Tools means certain parts of the Software intended for internal use as a development tool by you. Developer Tools include developer documentation, installation or development utilities, and other materials.

1.2. Intel ISS Firmware Libraries means certain libraries provided in machine readable form (i.e., object code) by Intel that will be linked to your Firmware

1.3. Intel ISS Software Libraries means certain libraries provided in machine readable form (i.e., object code) by Intel to run on your customers main operating system.

1.4. Firmware means the program code and data developed by you and stored in your hardware product.

1.5. Purpose means the permitted use of the Software under this Agreement. The Software is intended solely for internal use as a development tool to enable the design, development, debugging, testing, or modification of Firmware that will run on your hardware or your customers hardware products that include and exercise an Intel product.

1.6. Sample Source means certain parts of the Software that are provided in human readable (source code) form. Sample Source may include header files, example interface or application source code.

1.7.a Software means the computer code, in human readable or machine readable form, provided under this Agreement including, without limitation, the Sample Source, the Intel ISS Firmware Libraries, Intel ISS Software Libraries and the Developer Tools.

1.7.b Your Software means any computer code, in human readable or machine Readable form, including any source code, Firmware, application code, object code, and other code that interacts with Software either (1) directly or (2) indirectly through an intermediary such as an Application Program Interface (API).

2.LICENSE.

2.1. License to Developer Tools. Subject to and conditioned upon your compliance with the terms and conditions of this Agreement, Intel Corporation ("Intel") grants to you the following non-exclusive, non-transferable, non-assignable, revocable, limited copyright license to download, install and use the Developer Tools in machine readable (i.e. object code) form solely for the Purpose. You may not sub-license or distribute the Developer Tools externally.

2.2. License to Sample Source and Intel ISS Firmware Libraries and Intel ISS Software Libraries. Subject to and conditioned upon the compliance with the terms and conditions of this Agreement, Intel grants to you the following non-exclusive, non-transferable, non-assignable, revocable, limited copyright license to download, install and use the Sample Source and Intel ISS Firmware and Software Libraries solely for the Purpose. You may: (1) modify the Sample Source, compile into object code the Sample Source and your modifications thereto; (2) link the Intel ISS Firmware Libraries to your Firmware;(3) reproduce and distribute such compiled object code embedded or integrated into the Firmware and stored in your hardware product; and (4) distribute the Intel ISS Software Libraries solely for runing on your customers main operating system. You acknowledge and agree that this license to the Sample Source is conditioned upon (i) you modifying the Sample Source to the effect that the Sample Source is embedded or integrated in your Firmware, (ii) your Firmware contains material additional features and functionality and (iii) your Firmware is stored in your hardware product. You may not distribute the Sample Source as standalone software, whether in source code or object code form, without your modifications, without integration with your Firmware or without storing the Firmware in your hardware product.

2.3. Documentation includes textual materials intended for users. You may internally copy and use the Documentation solely for the Purpose, but you may not externally distribute such materials.

2.4. Notwithstanding Section 2.1 above, the Software may contain certain open source software, identified in, and licensed in accordance with, the license.txt file or other text or file in the Software.

2.5. Restrictions. Your use of the Software is expressly limited to and conditioned upon compliance with the following:

2.5.1. You will not alter, remove or obscure any proprietary notices from the Software relating to Intels or Intels licensors intellectual property rights.

2.5.2. You will make reasonable efforts to discontinue use of the portions of the Software that you are licensed hereunder to use, upon Intels release of an update, upgrade or new version of the Software.

2.5.3. You may not reverse-assemble, reverse-compile, or otherwise reverse-engineer any portion of the Software provided solely in binary form.

2.6.a You must develop Your Software utilizing at least the highest level of security best practices, standards, and processes you use for developing other software internally. You must not disable or by-pass any security features of the Software, or use the Software to develop Firmware that (i) can disable or by-pass such security features or (ii) can cause a Security Vulnerability. Security Vulnerability means a weakness or flaw in a product or systems design, operation or implementation that could be exploited by an attacker to violate the product or systems security or privacy policies, including without limitation, a flaw that makes it infeasible, even when the product is properly used, to prevent an attacker from usurping privileges on a users system, compromising its data, security or other operational features.

2.6.b If you become aware that your Firmware or Your Software can cause a Security or Performance Issue, you agree to take the actions set forth herein in subparts (1)  (5). Security or Performance Issue means your Firmware or Software causes or contributes to (i) a Security Vulnerability, (ii) disabling or by-passing security features or other standard features of a sensor, sensor hub or the Software, (iii) degrading performance or impacting the normal execution of other workloads in a sensor, sensor hub or the Software, (iv) provide unauthorized access through an interface enabled by the Software to hardware, code or data.

(1)immediately notify Intel, 
(2)take immediate measures to stop the internal distribution of your Firmware and Your Software, 
(3)promptly correct such Security or Performance Issue, 
(4)indemnify and hold Intel harmless from and against, and at Intels discretion, defend, Intel for any claims that may be alleged against Intel due to or arising out of a violation of section 2.6.a or a Security or Performance Issue. 
(5)provide to Intel any proposed external communication relating to a Security or Performance Issue for Intels written approval before such proposed external communications are released externally

3.OWNERSHIP OF SOFTWARE AND COPYRIGHTS.

Title to all copies of the Software remains with Intel or its licensors. The Software is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. You may not remove any copyright notices from the Software. Intel or its licensors may make changes to the Software, or to items referenced therein, at any time without notice, but neither are obligated to support or update the Software. Except as otherwise expressly provided, neither Intel nor its licensors grant any express or implied right under Intel or Intels licensors patents, copyrights, trademarks, or other intellectual property rights.

4.FEEDBACK.

This Agreement does NOT obligate you to provide Intel with comments or suggestions regarding the Software. However, should you provide Intel with comments or suggestions for the modification, correction, improvement or enhancement of (a) the Software or (b) products or processes which work or interact with the Software, you grant to Intel and/or Intels licensors a non-exclusive, irrevocable, worldwide, royalty-free license, with the right to sublicense Intels licensees and customers and/or Intels licensors licensees and customers, under your intellectual property rights, the rights to use and disclose such comments and suggestions in any manner Intel and/or Intels licensors choose and to display, perform, copy, make, have made, use, sell, and otherwise dispose of Intels and Intels licensors and their sublicensees products embodying such comments and suggestions in any manner and via any media Intel and/or Intels licensors choose, without reference to the source. Notwithstanding the foregoing, if you have a separate agreement that grants a feedback license to Intel for feedback on Intels sensor hub, then such separate agreement will control the license to Intel for your feedback.

5.EXCLUSION OF WARRANTIES.

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Neither Intel nor its licensors provide any warranty or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software. Intel does not give or enter into any condition, warranty, or other term: (i) with respect to any malfunctions or other errors in its products or the Software caused by virus, infection, worm or similar malicious code not developed or introduced by Intel; or (ii) to the effect that any Intel products or the Software will protect against all possible security threats, including intentional misconduct by third parties. Intel is not liable for any downtime or service interruption, for any lost or stolen data or systems, or for any other damages arising out of or relating to any such actions or intrusions or resulting from use of Intel products or the Software.

6.LIMITATION OF LIABILITY.

IN NO EVENT SHALL INTEL OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INTEL OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE SOFTWARE LICENSED HEREUNDER IS NOT 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 OR FOR USE IN ANY SECURITY-RELATED USE CASES. THE WARRANTY DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTEL, ITS LICENSORS AND YOU. INTEL AND ITS LICENSORS WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE WITHOUT SUCH LIMITATIONS.

7.CONFIDENTIALITY.

The parties have entered into a Non-Disclosure Agreement (the CNDA). The Software is Confidential Information and subject to the CNDA. The CNDA takes precedence in all conflicts between the terms in this Agreement and those in the CNDA, except that authorized distributions under section 2.2. of this Agreement are not violations of the CNDA. You agree to maintain as confidential all information relating to your use of the Software and not to disclose to any third party the Software and/or any benchmarks, performance results, or other information relating to the Software.

8.TERMINATION OF THIS AGREEMENT.

Intel may terminate this Agreement immediately at any time if you violate its terms and such breach is not cured within thirty (30) days of written notice from Intel. Upon termination, you will immediately destroy the Software or return all copies of the Software to Intel.

9.APPLICABLE LAWS.

Claims arising under this Agreement shall be governed by the laws of Delaware, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. Neither Intel nor its licensors are obligated under any other agreements unless they are in writing and signed by an authorized representative of Intel.

10.TRADE COMPLIANCE.

You and/or any of your subsidiaries shall not import, export, re-export, distribute or transfer either directly or indirectly, any product, service or technical data or system incorporating such items without first obtaining any required license or other approval from the U.S. and any other worldwide government agency that has jurisdiction over such trade activities.

11.ASSIGNMENT.

Intel may assign its rights or delegate its obligations, or any part thereof under this Agreement without prior consent from you. You may not assign, whether in conjunction with a change of ownership, merger, acquisition, sale or transfer of all, substantially all or any part of your business or assets or otherwise, either voluntarily, by operation of law of otherwise, any portion of this Agreement. Any attempt by you to assign or delegate any rights, duties or obligations set forth in this Agreement without Intel's prior written consent shall be deemed a material breach of this Agreement and shall be null and void. Except as provided above, the terms and conditions of this Agreement shall bind and inure to each partys successors and assigns.

12.AMENDMENTS.

Intel may make changes to this Agreement at any time by sending you a notice to the e-mail address on record describing the modifications made. Intel will also endeavor to post a notification on the Intel website where you can download the Software describing the modifications made. The changes will become effective, and will be deemed accepted by you, (a) immediately for those who download the Software after the notification is posted, and (b) for pre-existing users, upon acceptance of the modified Agreement (except changes required by law which will be effective immediately). If you are a pre-existing user and you do not accept the updates to this Agreement, Intel may suspend or terminate this Agreement. If You do not accept updates to this Agreement, your sole and exclusive remedy shall be to cease use of the Software.

13.GOVERNMENT RESTRICTED RIGHTS.

The Software is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Software by the Government constitutes acknowledgment of Intel's proprietary rights therein. Contractor or Manufacturer is Intel Corporation, 2200 Mission College Blvd., Santa Clara, CA 95052.
