Turboboost Monitor Sw License 10072010

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    INTEL TURBO BOOST MONITORSOFTWARE LICENSE AGREEMENT (ODM/OEM Distribution & Single User)

    IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.DO NOT INSTALL, USE OR LOAD THIS INTEL TURBO BOOST TECHNOLOGY MONITOR (SOFTWARE)AND ANY ASSOCIATED MATERIALS (COLLECTIVELY, THE SOFTWARE) UNTIL YOU HAVE CAREFULLYREAD THE FOLLOWING TERMS AND CONDITIONS. BY INSTALLING, USING OR LOADING THESOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO SO AGREE,DO NOT INSTALL, USE OR LOAD THE SOFTWARE.

    Please Also Note:

    If you are an Original Design Manufacturer (ODM) or Original Equipment Manufacturer (OEM) thiscomplete INTEL SOFTWARE LICENSE AGREEMENT (the Agreement) applies;

    If you are an End-User, then only Exhibit A of the Agreement applies.

    For ODMs, OEMs and IHVs:

    LICENSE.This Software is licensed for use only in conjunction with computer systems based on the Intelarchitecture (Your Licensed Products). Use of the Software in conjunction with non-Intel Products isnot licensed hereunder. Subject to the terms of this Agreement, Intel grants to You a nonexclusive,nontransferable, worldwide, fully paid-up license under Intels and its suppliers copyrights (as and to the extentapplicable) to:

    a) copy or install the Software onto Your Licensed Products solely for commercial re-distributionpurposes;

    b) distribute the Software in conjunction with Your Licensed Products, to Your end-users, but only under alicense agreement with terms at least as restrictive as those contained in Exhibit A hereto; andc) copy and distribute the end-user documentation which may accompany the Software, but only inassociation with the Software.

    Except as provided under the paragraph entitled Ownership of Software and Copyrights, You shall not assi gn,sublicense, lease, or in any other way transfer or disclose Software to any third party. You shall not decompile,disassemble or otherwise reverse engineer the Software.

    Except as expressly stated in this Agreement, no license or right is granted to You directly or by implication,inducement, estoppel or otherwise. Intel shall have the right to inspect or have an independent auditor inspectYour relevant records to verify Your compliance with the terms and conditions of this Agreement.

    TRADEMARKS. You shall not use Intel's name in any publications, advertisements, or other announcementswithout Intel's prior written consent. You do not have any rights to use any Intel trademarks or logos pursuant to

    this Agreement.

    OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software remains with Intel or itssuppliers. The Software is copyrighted and protected by the laws of the United States and other countries, andinternational treaty provisions. You may not remove any copyright notices from the Software. Except as otherwiseexpressly provided, Intel grants no express or implied right under Intel or supplier patents, copyrights, trademarks,or other intellectual property rights. You may transfer the Software only if the recipient agrees to be fully bound bythese terms and if you retain no copies of the Software.

    SOFTWARE MODIFICATION AND SUPPORT. Intel or its suppliers may make changes to the Software, or toitems referenced therein, at any time and without notice. Intel may provide support for the Software, including theprovision of updates, upgrades or bug fixes thereto, at times and in manners and amounts at its sole discretion.

    LIMITED MEDIA WARRANTY. If the Software has been delivered by Intel on physical media, Intel warrants themedia to be free from material physical defects for a period of ninety (90) days after delivery by Intel. If such a

    defect is found, return the media to Intel for replacement or alternate delivery of the Software as Intel may select.

    EXCLUSION OF OTHER WARRANTIES. EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED"AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OFMERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR APARTICULAR PURPOSE. Intel does not warrant or assume responsibility for the accuracy or completeness ofany information, text, graphics, links or other items contained within the Software.

    LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE FOR ANYDAMAGES WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, WHETHER ARISING FROM LOSS OF

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    PROFITS, LOSS OF USE, LOSS OR CORRUPTION OF DATA, INDIRECT, INCIDENTAL, CONSEQUENTIAL,OR SPECIAL DAMAGES, IRRESPECTIVE OF WHETHER INTEL HAS ADVANCE NOTICE OF THEPOSSIBILITY OF SUCH DAMAGES.

    IN NO EVENT SHALL INTEL'S OR ITS SUPPLIERS TOTAL CUMULATIVE LIABILITY TO YOU ARISINGFROM THIS AGREEMENT EXCEED THE LESSER OF THE SUM PAID TO INTEL BY LICENSEE FORSOFTWARE LICENSED UNDER THIS AGREEMENT WHICH IS BOTH THE SUBJECT OF AND DIRECTLYAFFECTED BY THE SUBJECT CLAIMS OR FIFTY UNITED STATES DOLLARS ($50.00).

    THE LIMITED WARRANTY, LIMITED REMEDIES, WARRANTY DISCLAIMER AND LIMITED LIABILITY AREFUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTEL AND YOU. INTEL WOULD

    NOT BE ABLE TO PROVIDE THE SOFTWARE WITHOUT SUCH LIMITATIONS.

    TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement at any time if you violate its terms.Upon termination, you will immediately destroy the Software or return all copies of the Software to Intel.

    APPLICABLE LAWS; ENTIRE AGREEMENT.Claims arising under this Agreement shall be governed by the lawsof the State of Delaware, excluding its principles of conflict of laws and the United Nations Convention onContracts for the Sale of Goods. You may not export the Software in violation of applicable export laws andregulations. Intel is not obligated under any other agreements unless they are in writing and signed by anauthorized representative of Intel.

    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 etseq.or their successors. 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, CA95052.

    LANGUAGE; TRANSLATIONS. In the event that the English language version of this Agreement is accompaniedby any other version translated into any other language, such translated version is provided for conveniencepurposes only and the English language version shall control.

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    EXHIBIT AINTEL SOFTWARE LICENSE AGREEMENT (Final, Single User)

    IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.DO NOT INSTALL, USE OR LOAD THIS SOFTWARE AND ANY ASSOCIATED MATERIALS (COLLECTIVELY,THE SOFTWARE) UNTIL YOU HAVE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. BY

    INSTALLING, USING OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.IF YOU DO NOT WISH TO SO AGREE, DO NOT INSTALL, USE OR LOAD THE SOFTWARE.

    LICENSE.You may copy the Software onto Intel architecture-based computers for your personal, noncommercialuse, and you may make one back-up copy of the Software, subject to these conditions:

    1. You may not copy, modify, rent, sell, distribute, publicly perform, publicly display or transfer any part ofthe Software except as provided in this Agreement, and you agree to prevent unauthorized copying ofthe Software.

    2. You may not reverse engineer, decompile, or disassemble the Software.3. You may not sublicense the Software.4. The Software may contain the software or other property of third party suppliers, some of which may be

    identified in, and licensed in accordance with, any enclosed license.txt or read me file or other textor file.

    OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software remains with Intel or itssuppliers. The Software is copyrighted and protected by the laws of the United States and other countries, andinternational treaty provisions. You may not remove any copyright notices from the Software. Except as otherwiseexpressly provided, Intel grants no express or implied right under Intel or supplier patents, copyrights, trademarks,or other intellectual property rights. You may transfer the Software only if the recipient agrees to be fully bound bythese terms and if you retain no copies of the Software.

    SOFTWARE MODIFICATION AND SUPPORT. Intel or its suppliers may make changes to the Software, or toitems referenced therein, at any time and without notice. Intel may provide support for the Software, including theprovision of updates, upgrades or bug fixes thereto, at times and in manners and amounts at its sole discretion.

    LIMITED MEDIA WARRANTY. If the Software has been delivered by Intel on physical media, Intel warrants themedia to be free from material physical defects for a period of ninety (90) days after delivery by Intel. If such adefect is found, return the media to Intel for replacement or alternate delivery of the Software as Intel may select.

    EXCLUSION OF OTHER WARRANTIES. EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED"AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OFMERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR APARTICULAR PURPOSE. Intel does not warrant or assume responsibility for the accuracy or completeness ofany information, text, graphics, links or other items contained within the Software.

    LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE FOR ANYDAMAGES WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, WHETHER ARISING FROM LOSS OFPROFITS, LOSS OF USE, LOSS OR CORRUPTION OF DATA, INDIRECT, INCIDENTAL, CONSEQUENTIAL,OR SPECIAL DAMAGES, IRRESPECTIVE OF WHETHER INTEL HAS ADVANCE NOTICE OF THEPOSSIBILITY OF SUCH DAMAGES.

    IN NO EVENT SHALL INTEL'S OR ITS SUPPLIERS TOTAL CUMULATIVE LIABILITY TO YOU ARISINGFROM THIS AGREEMENT EXCEED THE LESSER OF THE SUM PAID TO INTEL BY LICENSEE FORSOFTWARE LICENSED UNDER THIS AGREEMENT WHICH IS BOTH THE SUBJECT OF AND DIRECTLYAFFECTED BY THE SUBJECT CLAIMS OR FIFTY UNITED STATES DOLLARS ($50.00).

    THE LIMITED WARRANTY, LIMITED REMEDIES, WARRANTY DISCLAIMER AND LIMITED LIABILITY AREFUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTEL AND YOU. INTEL WOULD

    NOT BE ABLE TO PROVIDE THE SOFTWARE WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS MAYPROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES (IF ANY) ORCONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU INITS ENTIRETY. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TOJURISDICTION.

    TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement at any time if you violate its terms.Upon termination, you will immediately destroy the Software or return all copies of the Software to Intel.

    APPLICABLE LAWS; ENTIRE AGREEMENT.Claims arising under this Agreement shall be governed by the lawsof the State of Delaware, excluding its principles of conflict of laws and the United Nations Convention on

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    Contracts for the Sale of Goods. You may not export the Software in violation of applicable export laws andregulations. Intel is not obligated under any other agreements unless they are in writing and signed by anauthorized representative of Intel.

    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 etseq.or their successors. Use of the Software by the Government constitutes acknowledgment of Intel's proprietaryrights therein. Contractor or Manufacturer is Intel Corporation, 2200 Mission College Blvd., Santa Clara, CA95052.LANGUAGE; TRANSLATIONS. In the event that the English language version of this Agreement is accompanied

    by any other version translated into any other language, such translated version is provided for conveniencepurposes only and the English language version shall control.