Intel IA-32 EL License - ok for non-free?

[dann frazier <dannf@debian.org>]

(Not on the list, please CC me on replies)

hey,
 ia64 cpus have dropped hardware i386 support in exchange for non-free
software emulation, known as "IA-32 EL". I took a cursory look at the
license, and I'm wondering if its even viable to upload to non-free.

The text of this license is available here:
  http://www3.intel.com/cd/software/products/asmo-na/eng/219741.htm

It seems pretty clear that the intent is to permit redistribution, but
I'm unsure about some of the restrictions. I'd like to collect a list
of issues with this license (if any) with respect to non-free and see
if Intel is willing to change them. The one that sticks out to me is:

 * Section 4: "Updates" requires "commerically reasonable efforts" to
   supply our "customers" with updates that Intel distributes. If this
   means we cannot say no to an update from Intel, that does not sound
   reasonable for non-free. But perhaps we are exempt from this since
   1) non-free isn't officially part of Debian and 2) we are a
   non-commercial entity making commercially feasibility null? 

-- 
dann frazier