Reference Guide

1. Licensee may only distribute the Software under an agreement having terms and conditions at least as restrictive as those
contained in Intel's End User Software License Agreement attached as Exhibit A, and only for use in or with Intel-based
Devices; and
2. the license under the Licensed Patent Claims does not and will not apply to any modifications to, or derivative works of,
the Software, whether made by or on behalf of Licensee, any of Licensee's customers (which, for all purposes under this
Agreement, will mean either a customer or a distributor), or any other third party even if the modifications and derivative
works are permitted under section (1)(A) above.
LICENSE LIMITATIONS.
1. All right, title, and interest in and to the Software and Documentation are and will remain the exclusive property of Intel and
its suppliers, as applicable. Unless expressly permitted under the Limited License section above, Licensee will not, and will
not allow any third party to:
a. use, copy, or distribute the Software or Documentation;
b. modify, adapt, enhance, disassemble, decompile, reverse engineer, change, or create derivative works from the Software;
or
c. use or make the Software available for the use or benefit of third parties.
2. The consideration under this Agreement is only for the licenses that Intel expressly grants to Licensee under the Limited
License section above. Any other rights, including, but not limited to, additional patent rights, will require an additional license
and additional consideration. Nothing in this Agreement requires Intel to grant any additional license. Licensee acknowledges
that an essential basis of the bargain in this Agreement is that Intel grants Licensee no licenses or other rights, including, but
not limited to, patent, copyright, trade secret, trademark, trade name, service mark, or other intellectual property licenses
or rights, with respect to the Software and Documentation, by implication, estoppel, or otherwise, except for the licenses
expressly granted above. Specifically, except for the licenses that Intel expressly grants under the Limited License section
above, Intel grants no licenses or other rights, expressly or by implication, estoppel, or otherwise, to:
a. make, use, sell, offer for sale, or import modifications or derivative works of the Software;
b. sell or offer to sell the Software;
c. combine the Software or modified versions or derivative works of the Software with other items or to use any such
combination; or
d. any claims of any patents, patent applications, or other patent rights of Intel other than the Licensed Patent Claims.
3. Licensee acknowledges that there are significant uses of the Software in its original, unmodified, and uncombined form.
The consideration for the licenses in this Agreement reflects Intel's continuing right to assert patent claims against any
modifications or derivative works (including, without limitation, error corrections and bug fixes) of, or combinations with, the
Software that Licensee or third parties make that infringe any Intel patent claim.
4. Except as expressly permitted under the Limited License section above or this section 4, Licensee will not allow the Software
or Documentation to be accessed or used by third parties. Licensee's authorized consultants and subcontractors may access
the Software and Documentation where the access is necessary to their performing services on Licensee's behalf consistent
with the licenses granted to Licensee under this Agreement, but only if Licensee first requires those consultants and
subcontractors to sign written agreements obligating them to observe the same restrictions concerning the Software and
Documentation as are contained in this Agreement. Licensee remains fully liable to Intel for the actions and inactions of those
consultants and subcontractors.
LICENSE TO FEEDBACK AND MODIFICATIONS. To ensure Intel's freedom to operate and to continue to develop the Software
and Documentation, Licensee agrees to grant and does hereby grant to Intel and its affiliates a non-exclusive, perpetual,
irrevocable, worldwide, royalty-free, fully paid-up, and transferable license, with the right to sublicense, under all of Licensee's
intellectual property rights, whether perfected or not, to incorporate or otherwise use: (1) any comments, suggestions,
descriptions, opinions, ideas, errata or any other feedback, however provided and however designated, whether oral or written,
whether marked or labeled, concerning the Software or Documentation that Licensee, or a third party on behalf of Licensee,
provides to Intel; and (2) to any derivative works created from or otherwise including the Software or Documentation.
OPEN SOURCE STATEMENT. The Software may include Open Source Software that is licensed pursuant to the applicable
Open Source Software license agreements identified in the Open Source Software comments in the applicable Source Code files
or file headers provided with or otherwise associated with the Software. Additional details may be provided (where applicable)
in the accompanying online documentation, or within the user interface of the device, if any. With respect to Open Source
Software, nothing in this Agreement limits any rights under, or grants rights that supersede, the terms of any applicable Open
Source Software license agreement. Neither Licensee nor any OEM, ODM, customer, or distributor may subject the Software
or Documentation, in whole or in part, to any license obligations associated with Open Source Software including combining or
distributing the Software or Documentation with Open Source Software in a manner that subjects Intel or any portion of the
Software to any license obligations of the Open Source Software.
RIGHT OF INSPECTION. At any time during the term of this Agreement, Intel has the right, by giving Licensee reasonable
notice, to have an independent auditor inspect Licensee's relevant records to verify Licensee's compliance with the terms
and conditions of this Agreement. If the inspection reveals any material non-compliance with the terms of this Agreement, in
addition to Intel's other rights and remedies, Intel has the right to terminate this Agreement and all licenses granted under this
Agreement.
Intel® Setup and Configuration Software ("Intel® SCS")
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