IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LICENSE TO USE COMMENTS AND SUGGESTIONS. This Agreement does NOT obligate
Licensee to provide Intel with comments or suggestions regarding the Software. However,
if Licensee provides Intel with comments or suggestions for the modification, correction,
improvement or enhancement of (a) the Software or (b) Intel products or processes that
work with the Software, Licensee grants to Intel a non-exclusive, worldwide, perpetual,
irrevocable, transferable, royalty-free license, with the right to sublicense, under Licensee's
intellectual property rights, to incorporate or otherwise utilize those comments and sugges-
tions.
TERMINATION OF THIS LICENSE. Intel or the sublicensor may terminate this license
at any time if Licensee is in breach of any of its terms or conditions. Upon termination,
Licensee will immediately destroy or return to Intel all copies of the Software.
THIRD PARTY BENEFICIARY. Intel is an intended beneficiary of the End User License
Agreement and has the right to enforce all of its terms.
U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is a commercial item (as
defined in 48 C.F.R. 2.101) consisting of commercial computer software and commercial
computer software documentation (as those terms are used in 48 C.F.R. 12.212), consistent
with 48 C.F.R. 12.212 and 48 C.F.R 227.7202-1 through 227.7202-4. You will not provide the
Software to the U.S. Government. Contractor or Manufacturer is Intel Corporation, 2200
Mission College Blvd., Santa Clara, CA 95054.
EXPORT LAWS. Licensee agrees that neither Licensee nor Licensee's subsidiaries will
export/re-export the Software, directly or indirectly, to any country for which the U.S.
Department of Commerce or any other agency or department of the U.S. Government
or the foreign government from where it is shipping requires an export license, or other
governmental approval, without first obtaining any such required license or approval. In the
event the Software is exported from the U.S.A. or re-exported from a foreign destination by
Licensee, Licensee will ensure that the distribution and export/re-export or import of the
Software complies with all laws, regulations, orders, or other restrictions of the U.S. Export
Administration Regulations and the appropriate foreign government.
APPLICABLE LAWS. This Agreement and any dispute arising out of or relating to it will be
governed by the laws of the U.S.A. and Delaware, without regard to conflict of laws prin-
ciples. The Parties to this Agreement exclude the application of the United Nations Conven-
tion on Contracts for the International Sale of Goods (1980). The state and federal courts
sitting in Delaware, U.S.A. will have exclusive jurisdiction over any dispute arising out of or
relating to this Agreement. The Parties consent to personal jurisdiction and venue in those
courts. A Party that obtains a judgment against the other Party in the courts identified in
this section may enforce that judgment in any court that has jurisdiction over the Parties.
Licensee's specific rights may vary from country to country.