END USER LICENSE AGREEMENT For Intel® REALSENSE™ sdk runtime
April 2015 Version
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING the Software
Do not copy, distribute, install or use this software, binary files, and any associated documentation (collectively, the "Software") provided by Intel Corporation or its majority-owned subsidiaries (“Intel”) until you have carefully read the following terms and conditions. By, copying, distributing, installing or using the Software, you agree to the terms of this license agreement (this “License Agreement”). If you do not wish to agree, do not copy, distribute, install or use the Software.
license grant AND RESTRICTIONS. Subject to the terms and conditions of this License Agreement, Intel hereby grants you, during the term of this License Agreement, a non-transferable, non-exclusive, personal, non-sublicensable, limited right and license: (A) under Intel’s copyrights, to reproduce only one copy per license and use the Software on your computer for your personal, internal use; and (B) under Intel’s Licensed Patent Claims (defined below) to: (1) make copies of the Software internally only; and (2) use the Software internally only. You may also make one copy of the Software solely for backup purposes. If you are an entity, you will designate one individual within your organization to have the sole right to use the Software in the manner provided above.
Except as expressly permitted above, you will not copy, modify, rent, sell, distribute or otherwise transfer or assign any part of the Software or this License Agreement to any third party, and you agree to prevent unauthorized copying of the Software. Unless expressly permitted above, you will not and will not allow any third party to (1) use or copy the Software, (2) modify, adapt, enhance, reverse engineer, decompile, disassemble, change or create derivative works from the Software or otherwise attempt to discover the source code for, or any trade secrets related to, the Software except and only to the extent that applicable law expressly permits the activity notwithstanding this limitation; or (3) use the Software to process the data of third parties. You will not sublicense or permit simultaneous use of the Software by more than one user. “Licensed Patent Claims” means the claims of Intel’s patents that are necessarily and directly infringed by the reproduction of the Software that is authorized in this Section 1, when that Software is in its unmodified form as delivered by Intel to you and not modified or combined with anything else.
MEDIA FORMAT CODECS AND DIGITAL RIGHTS MANAGEMENT. You acknowledge and agree that your use of the Materials or distribution of the Materials with Your Product as permitted by this license may require you to procure license(s) from one or more third parties that may hold intellectual property rights applicable to any media decoding, encoding or transcoding technology (such as, for example, through use of an audio or video codec) and/or digital rights management capabilities of the Materials, if any. Should any such additional licenses be required, You are solely responsible for obtaining any such licenses and agree to obtain any such licenses at Your own expense.
For Third party Software. Certain programs and or files may be included with the Software that are provided and licensed by third parties other than Intel (“Third Party Software”), and may include Open Source Code (defined below). Your rights to use the Third Party Software are governed by the license agreements that accompany such components. Intel does not warrant such Third Party Software in any way and assumes no liability for your use of the Third Party Software. You are subject to the terms of their license agreements if you use the Third Party Software. “Open Source Code” means any software that requires as a condition of use, modification and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software (a) be disclosed or distributed in source code form; or (b) be licensed by the user to third parties for the purpose of making and/or distributing derivative works; or (c) be redistributable at no charge. Open Source Software includes, without limitation, software licensed or distributed under any of the following licenses or distribution models, or licenses or distribution models substantially similar to any of the following: (a) GNU’s General Public License (GPL) or Lesser/Library GPL (LGPL), (b) the Artistic License (e.g., PERL), (c) the Mozilla Public License, (d) the Netscape Public License, (e) the Sun Community Source License (SCSL), (f) the Sun Industry Source License (SISL), (g) the Apache Software license and (h) the Common Public License (CPL).
Intel is not responsible for any errors which may appear in the documentation or the Software, nor does Intel make a commitment to update the information or software contained therein. Intel reserves the right to make changes to the documentation or the Software at any time, without notice.
English Language. The English language version of this License Agreement shall be the only legally binding version and in the event of a conflict, inconsistency or difference of interpretation between the English language version and any other translation, the English language version shall prevail over such other translation. Any translation of this License Agreement is provided for convenience only and shall not be used in the interpretation or construction of this License Agreement and shall not be binding on the parties.
Export Laws. You acknowledge that the Software and all related technical information or materials are subject to export controls under the laws and regulations of the United States and any other applicable governments. You agree to comply with these laws and regulations governing export, re-export, import, transfer, distribution, and use of the Software, technical information and materials. In particular, but without limitation, the Software, technical information and materials may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to any person or entity listed on a denial order published by the U.S. government or any other applicable governments. By using the Software, technical information and materials, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software, technical information and materials for any purposes prohibited by the U.S. government or other applicable government’s law, including, without limitation, the development, design, manufacture or production of nuclear, missile, chemical or biological weapons. You confirm that the Software, technical information and materials will not be re-exported or sold to a third party who is known or suspected to be involved in activities including, without limitation, the development, design, manufacture, or production of nuclear, missile, chemical or biological weapons. You agree that any Software, technical information or materials subject to control under defense laws and regulations (e.g., the International Traffic in Arms Regulations (ITAR) must not be transferred to non-U.S. persons, whether located in the U.S. or abroad, without a government license. You will indemnify Intel against any loss related to your failure to conform to these requirements.
Entire Agreement. This License Agreement contains the complete and exclusive agreement and understanding between the parties concerning the subject matter of this License Agreement, and supersede all prior and contemporaneous proposals, agreements, understandings, negotiations, representations, warranties, conditions, and communications, oral or written, between the parties relating to the same subject matter. Each party acknowledges and agrees that in entering into this License Agreement it has not relied on, and will not be entitled to rely on, any oral or written representations, warranties, conditions, understandings or communications between the parties that are not expressly set forth in this License Agreement. The express provisions of this License Agreement control over any course of dealing or usage of the trade inconsistent with any of the provisions of this License Agreement. The provisions of this License Agreement will prevail notwithstanding any different, conflicting or additional provisions that may appear on any purchase order, acknowledgement, invoice or other writing issued by either party in connection with this License Agreement. No modification or amendment to this License Agreement will be effective unless in writing and signed by authorized representatives of each party.
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