Intel IA32 EL License (revisited)
A couple of years ago I started a thread about the Intel IA-32 EL License here:
http://lists.debian.org/debian-legal/2007/04/msg00198.html
It didn't get much feedback and I didn't manage to find someone at
Intel at that time. Recently I was put into contact with the
appropriate folks at Intel and had a phone call with them today.
I described our method of distribution (Internet/mirror/media) and
the debconf/click-through EULA mechanism used by the sun-java packages
and they believed it to be in the spirit of the license. I also noted
that Debian can update and remove software, but only as part of normal
processes (e.g. point releases, security updates), and can only go
back so far - they seemed to believe that this was reasonable.
Intel seem willing to consider modifications to the wording of the
license, so I'd like to try and formulate a list of changes Debian
would like to see.
Please CC me on any replies.
Source: http://www.intel.com/cd/software/products/asmo-na/eng/219773.htm
License:
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
INTEL IA-32 EL LICENSE AGREEMENT
This IA-32 EL License Agreement ("Agreement") is entered into by and between
Intel and You ("the Parties").
Do not copy, install, or use the materials provided under this Agreement until
you have carefully read the following terms and conditions.
By clicking the "Accept" button below, or by copying, installing, or otherwise
using the IA-32 EL, You agree to be bound by the terms of this Agreement. If
you do not agree to the terms of this Agreement, you are not authorized to
copy, install, or use the IA-32 EL. 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. Based upon Your acceptance of the terms
herein, Intel wishes to grant You the limited license set forth below. Now,
therefore, the Parties agree to the following terms and conditions:
1. Definitions
"IA-32 EL" means Intel's IA-32 Execution Layer software which is composed of
the following independent components:
(1) "IA32Exec.bin" file which is translator code provided in binary form;
(2) "Libia32x.so" file which is the interface layer between the translator to
the Linux* operating system provided in source code form;
(3) "IA32el" file which is a utility to enable IA-32 Execution Layer
functionality in binary form; and
(4) "Suid_libia32x.so" file which is an interface library to run 32bit app
with suid permission in binary form
"Your Operating System" means a Linux-based computer operating system designed
for operation on Intel(R) Itanium(R) processors that You distribute with Your
Itanium architecture-based platforms.
"Intel Update" shall mean any bug fix, enhancement or other modifications to
the IA-32 EL delivered by Intel to You. Upon delivery of an Intel Update by
Intel to You, the Intel Update shall be deemed "Code" for all purposes under
this license
2. License
The Libia32x.so and the Suid_libia32x.so components are separately licensed to
You under the Library General Public License (LGPL), Version 2, dated June
1991.
With regard to IA32Exec.bin and IA32el (including Intel Updates relating
thereto) and only for the term of this Agreement, Intel grants You a
non-exclusive, nontransferable (without the right to sublicense except for
distribution of binary code as set forth below), royalty-free license under
Intel's trade secrets and copyrights to:
A. Copy and use IA32Exec.bin (and Intel Updates) internally only for Your
Operating System integration and maintenance purposes related to systems which
include microprocessors manufactured by Intel; and distribute IA32Exec.bin
(and Intel Updates) only as part of IA-32 EL, externally (including through
others in the chain of manufacture or distribution) to end users. You may
only distribute IA32Exec.bin, without modification, as part of the IA-32 EL
one-for-one with Your Operating System as incorporated into Your computer
system and not as a stand-alone item (except for evaluation, trial and other
copies of Your Operating System licensed by You on a royalty free basis) and
under a license agreement that has terms and conditions at least as
restrictive as those set forth in Exhibit B, (Requirements for End User
License Agreements); except that You may distribute the Intel Updates to fix
and/or replace such previously released IA-32 EL without distribution of Your
Operating System.
B. You may not copy, modify, rent, sell, distribute, sublicense or
transfer any part of IA32Exec.bin except as provided in this Agreement.
C. No other license is granted to You, and You agrees that it shall not:
(i) modify, reverse engineer, disassemble, decompile, decode, or do any other
such act to IA32Exec.bin in any manner, (ii) use IA32Exec.bin for any purpose
or in any other manner other than as expressly set forth herein, (iii) use
IA32Exec.bin with any operating system that is used with any computer systems
that are not based on Intel Itanium(R) microprocessors.
D. Nothing in this Agreement shall be construed as in any other way
limiting Your ability to create other products for Intel microprocessors
(under separate agreement), and products for non-Intel microprocessors.
3. Ownership
Title to all copies of the IA-32 EL remains with Intel or its suppliers.
IA-32 EL 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 IA-32 EL. Except as otherwise expressly provided,
Intel grants no express or implied right to Intel patents, copyrights,
trademarks, or other intellectual property rights.
4. Updates
Intel will make Intel Updates available on its web site from time to time to
address issues with the IA-32 EL. You agree to make commercially reasonable
efforts to check the Intel web site at http://developer.intel.com/ for Intel
Updates and deliver the Updates to Your customers within a reasonable time
after such updates are made available to You by Intel.
5. Exclusion of Warranties
IA-32 EL IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY
KIND INCLUDING WARRANTIES OF MERCHANTIBILITY, NONINFRINGEMENT, OR FITNESS FOR
A PARTICULAR PURPOSE. Intel does not warrant or assume responsibility for the
accuracy or completeness of any information, text, graphics, links or other
items contained within the IA-32 EL.
6. Limitation of Liability
IN NO EVENT SHALL EITHER PARTY (OR ITS SUPPLIERS) BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION,
OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE IA-32 EL,
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. SOME
JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILTY 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.
7. User Submissions
Any material, information or other communication, including all data, images,
sounds, text, and other things embodied therein regarding the IA-32 EL, that
You transmit or post to an Intel website will be considered non-confidential
("Communications"). Intel will have no obligations with respect to the
Communications. Intel and its designees will be free to copy, modify, create
derivative works, publicly display, disclose, distribute, license and
sublicense through multiple tiers of distribution and licensees, incorporate
and otherwise use the Communications, including derivative works thereto, for
any and all commercial or non-commercial purposes.
8. No Assignment
Except as expressly authorized hereby, You shall not assign, sublicense, or in
any other way transfer or make available any of You's rights in any of IA-32
EL to any third party or reproduce, distribute, disclose or make available
or accessible any part of IA-32 EL. Any attempt to do so is void.
9. Termination of this Agreement
Intel may terminate this Agreement at any time you are in breach of the terms.
Upon termination, You will immediately destroy or return the IA32Exec.bin
(including Intel Updates relating thereto).
10. Applicable Laws
Claims arising under this Agreement shall be governed by the laws of
California, excluding its principles of conflict of laws and the United
Nations Convention on Contracts for the Sale of Goods. You may not export
IA-32 EL in violation of applicable export laws and regulations.
11. Relationship of Parties
You and Intel are independent contractors. Nothing in this Agreement will be
construed as creating a partnership or joint venture, or to make either Party
liable for the obligations, acts, omissions, or activities of the other Party.
12. Merger and Waiver
This Agreement is intended to be the entire agreement between the Parties with
respect to matters contained herein, and supersedes all prior or
contemporaneous agreements and negotiations with respect to those matters. No
waiver of any breach or default shall constitute a waiver of any subsequent
breach or default. Should any the terms and conditions of this Agreement
conflict with the terms and conditions contained in Exhibit A or Exhibit B to
this Agreement, the terms and conditions of this Agreement shall prevail.
Exhibit A
Support
You will directly support Your Operating System that includes the IA-32
Execution Layer with Your customers.
All errors, including any fixes or patches developed by You that are related
to the IA-32 Execution Layer shall be reported to Intel by You using Intel web
site at http://developer.intel.com/ at the IA-32 Execution Layer page.
Exhibit B
REQUIREMENTS FOR END USER LICENSE AGREEMENTS
At a minimum, Your End User License Agreements shall meet the following
requirements:
You shall ensure that the following minimum terms, as described below, are
included in End User License Agreement for the You OS that the IA-32 EL is
incorporated into:
An END USER may:
1. Copy the Software or Documentation solely for backup or archival
purposes.
2. Transfer the Software and Documentation to another party if the
receiving party agrees to the terms substantially similar to and as protective
as the terms set forth in this Exhibit B, and transferor retains no copies of
the Software and Documentation. Transfer of the Software and Documentation
terminates the transferor's rights to use the Software and Documentation.
An END USER may not:
1. Sublicense or further distribute the Software or Documentation;
2. Reverse engineer, decompile, or disassemble the Software;
3. Copy or modify the Documentation, in whole or in part.
4. Remove any copyright notices from the Software or Documentation.
5. Export or import Software or Documentation in violation of any law,
regulation, orders or other restrictions of the United States government and
its agencies or any foreign government.
6. Take any action prohibited by the terms of Exhibit B.
An END USER shall also be made aware that:
1. Title to the Software and Documentation and all copies thereof remain
with You or its suppliers, as applicable, and that the Software and
Documentation are copyrighted and protected by United States and international
copyright laws.
2. The Software and Documentation is provided "AS IS" and that the
warranties of Merchantability, Fitness for a Particular Purpose and of
Non-Infringement are expressly excluded.
3. The end user license may be terminated at any time if the END USER is
in breach of any of its terms and conditions. Upon termination, the END USER
must immediately destroy the Software and Documentation or return all copies.
4. Liability to the END USER is limited to direct damages only, and that
all indirect, special, incidental and consequential damages of any kind are
disclaimed to the extent allowed by law.
5. The Software and Documentation are provided with RESTRICTED RIGHTS, as
that term is understood in government procurement.
* Other names and brands may be claimed as the property of others
--
dann frazier
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