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TERMS_OF_USE.md

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Please read these Terms of Use ("Terms") carefully before using this site. By accessing and using the Intel ("Provider") deployed CDF Cluster or an associated website, including all tools, software, documentation and other collateral provided in connection with the CDF Cluster (collectively the “CDF Cluster”) you acknowledge and agree to abide by the following Terms of Use. If you do not agree to these Terms, do not use the CDF Cluster.

Scope of Terms

These Terms of Use are applicable to your use of the CDF Cluster and all associated sites, whether a sponsored site, managed through a third party vendor or hosted by a third party. These Terms also apply to any resources and tools provided through the CDF Cluster, including but not limited to developer tools, download areas, and sharing sites and product information. You are responsible for your use of the CDF Cluster, for any software which you run on the CDF Cluster and for any consequences thereof.

Security and Privacy

Personal Information: Information submitted to Provider is governed according to Provider's Privacy Policy.

Member Account, Password, and Security: Provider will require you to establish a user account and/or site password. In such cases, you are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Provider immediately of any unauthorized use of your account or any other breach of security here. Provider will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Provider or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

Use Terms

Personal Non-Commercial Use: This CDF Cluster is for non-commercial use. Unless otherwise specified or as provided in these Terms, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the CDF Cluster or offer services from the CDF Cluster, however use of the CDF Cluster to validate or verify software intended for commercial use or distribution is permitted.

No Unlawful or Prohibited Use: You agree that you will not use the CDF Cluster for any purpose that is unlawful or prohibited by these Terms of Use. You may not:

  1. Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

  2. Use the CDF Cluster to "stalk" or otherwise harass or harm another;

  3. Impersonate any person or entity, including, but not limited to, a Provider official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities;

  4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the CDF Cluster;

  5. Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  6. Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

  7. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

  8. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  9. You may not use the CDF Cluster in any manner that could damage, disable, overburden, or impair any Provider server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the CDF Cluster or interfere with any other party's use and enjoyment of the CDF Cluster;

  10. You may not attempt to gain unauthorized access to any other accounts, computer systems or networks connected to any Provider server, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the CDF Cluster;

  11. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, U.S. and all other applicable laws and regulations governing the export, re-export, and import of technologies, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; and/or,

  12. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

US Government Restricted Rights:  Any Provider software, if provided 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 et seq. or its successor. Use of the software by the Government constitutes acknowledgment of Provider's proprietary rights in them.

Notices and Disclosures

Exclusions of Warranty: The CDF Cluster is provided by Provider and/or its worldwide direct or indirect subsidiaries and affiliates as a service to users and are for development purposes only. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • YOUR USE OF THE CDF CLUSTER IS AT YOUR SOLE RISK AND THAT THE CDF CLUSTER IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CDF CLUSTER IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

  • IN NO EVENT WILL PROVIDER OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE CDF CLUSTER, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL PROVIDER OR ITS LICENSORS BE LIABLE TO YOU FOR:

  • ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE CDF CLUSTER.

  • ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT, OR ANY CHANGES PROVIDER MAY MAKE TO THE CDF CLUSTER OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEB SITE (OR ANY FEATURES WITHIN THE WEB SITES); OR IF APPLICABLE, YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

  • THESE LIMITATIONS ON PROVIDER’S LIABILITY SHALL APPLY WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.

Indemnification: You agree to indemnify and hold Provider and its officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the CDF Cluster, your use of the CDF Cluster, your connection to the CDF Cluster, your violation of these Terms of Use or site specific Terms of Use, or your violation of any rights of another.

Accuracy and Completeness: Provider does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the CDF Cluster.

Changes and Updates: Provider reserves the right to modify or discontinue, temporarily or permanently, the CDF Cluster (or any part thereof) with or without notice. Provider may make changes to CDF Cluster, or to the products described therein, at any time without notice. Provider makes no commitment to update the CDF Cluster.

Content Related Notices

Ownership: You acknowledge and agree that Provider owns all legal rights, title and interest in and to the CDF Cluster, including any Provider trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without Provider's prior written permission. Except as expressly provided herein, Provider does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

**Translations: **Where Provider has provided you with a translation of the English language version of these Terms of Use, you agree that the translation is provided for your convenience only and that the English language versions of the Terms of Use will govern your relationship with Provider. If there is any contradiction between the English language version of the Terms of Use and the translation, the English language version shall take precedence.

Third Party Content: Under no circumstances will Provider be liable in any way for any third party submitted or provided content, including, but not limited to, any errors or omissions, or damages of any kind. **ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE CDF CLUSTER IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. **By your use you agree that you must evaluate, and bear all risks associated with, the use of any third party content, including any reliance on the accuracy, completeness, or usefulness of such content. All postings and use of the CDF Cluster are subject to these Terms of Use and any other program and site specific terms.

Notice Specific to Provider Software

Any Provider software that is made available to download from the CDF Cluster ("Software") is the copyrighted work of Provider and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF PROVIDER SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FOR YOUR CONVENIENCE, PROVIDER MAY MAKE AVAILABLE AS PART OF THE CDF CLUSTER, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. PROVIDER DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE CDF CLUSTER.

Notice Specific to Provider Documents

Permission to use Provider owned white papers, press releases, datasheets, specification documents, FAQs etc., ("Documents") from the CDF Cluster, if any is provided, is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by this license and under applicable law, and may result in severe civil and criminal penalties.

Documents specified above do not include the design or layout of the CDF Cluster or any other Provider owned, operated, licensed or controlled site. Elements of the CDF Cluster are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the CDF Cluster may be copied or retransmitted unless expressly permitted by Provider.

PROVIDER MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE WEB SITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL PROVIDER AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE CDF CLUSTER.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE CDF CLUSTER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PROVIDER MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED AT ANY TIME.

Links to Other Materials or Sites

The linked sites are not under the control of Provider and Provider is not responsible for the content of any linked site or any link contained in a linked site. Provider reserves the right to terminate any link or linking program at any time. Provider does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Unsolicited Idea Submission Policy

PROVIDER OR ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN PROVIDER’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO PROVIDER. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO PROVIDER. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT PROVIDER MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

General

User access to the CDF Cluster is governed by all applicable federal, state and local laws. All information available on the CDF Cluster is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.

Provider makes no representation that the CDF Cluster is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

These Terms constitute the entire agreement between you and Provider and govern your use of the Site. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between you and Provider shall be governed by the laws of the State of Delaware, USA without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the State. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

In the case of any violation of these rules and regulations, Provider reserves the right to seek all remedies available by law and in equity for such violations.

Provider may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you.