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http://www.intel.com/design/network/swsup/np_sla/ixp400.htm
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http://www.intel.com/design/network/products/npfamily/ixp425swr1.htm
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INTEL SOFTWARE LICENSE AGREEMENT
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IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
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DO NOT USE OR LOAD THIS SOFTWARE OR ANY ASSOCIATED MATERIALS
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(COLLECTIVELY, THE "SOFTWARE") UNTIL YOU HAVE CAREFULLY READ THE
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FOLLOWING TERMS AND CONDITIONS. BY LOADING OR USING THE SOFTWARE, YOU
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AS AN INDIVIDUAL AND ON BEHALF OF YOUR EMPLOYER ("YOU") AGREE TO THE
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TERMS OF THIS AGREEMENT.
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IF YOU DO NOT WISH TO SO AGREE, DO NOT INSTALL OR USE THE SOFTWARE.
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LICENSE: Subject to the terms and conditions of this Agreement
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including without limitation the restrictions below, Intel Corporation
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("Intel") grants to you the following non-exclusive, non-transferable,
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non-assignable, royalty-free copyright licenses in the Software:
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* "Redistributable Code" includes all Software EXCEPT for the software
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contained in the subdirectory "ixp425_xscale_sw/src/adsl". Subject to
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the terms and conditions of this Agreement, You may reproduce, create
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derivative works of, and distribute Redistributable Code, in
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executable or source form, ONLY with, or as part of, Your Product (as
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defined below), subject to the restrictions set forth in this
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Agreement. Distribution for any other purpose or in any other manner
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is prohibited under this license.
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* If you have downloaded the version of IXP400 Software with
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encryption Software, all Software contained in the
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ixp425AccessLibraryWithCrypto_x_y.zip (Where x and y represent the
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specific version number of the software) is also Redistributable Code
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EXCEPT for the software contained in the subdirectory
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"ixp425_xscale_sw/src/adsl." Note that all Software in the
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ixp425AccessLibraryWithCrypto_x_y.zip file is subject to the U.S.
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Export Administration Regulations and other U.S. law, and You are
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responsible for compliance with such laws and regulations.
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* "Non-Redistributable Code" includes the Software contained in the
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ixp425AccessLibrary_x_y.zip and ixp425AccessLibraryWithCrypto_x_y.zip
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subdirectory "ixp425_xscale_sw/src/adsl." Subject to the terms and
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conditions of this Agreement, You may reproduce and create derivative
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works of Non-Redistributable Code, and distribute such derivative
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works only in executable form and ONLY with, or as part of, Your
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Product, subject to the restrictions set forth in this Agreement.
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Redistributable Code may NOT be redistributed to third parties in
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source code form, and may NOT be distributed if such distribution
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would obligate You, under an open source agreement or otherwise, to
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make source code available to third parties. If you desire to
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redistribute the Non-Redistributable Source Code, please contact Intel
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to request information.
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"Your Product" must be: (1) a hardware product that includes an Intel
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network processor ("Your Hardware Product"); and/or (2) software that
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runs on or interfaces with an Intel network processor; and which also
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includes a substantial amount of software functionality, software
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modifications and/or hardware that differentiates it from the Software
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as provided by Intel ("Your Software Product").
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RESTRICTIONS:
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Any authorized distribution of the Software and/or derivative works
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thereof is also subject to the following conditions: You: (i) enter
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into a written agreement (enforceable "shrink-wrap" or "click to
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accept" licenses are permissible) with the entity or person to whom
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you are distributing such Software that are least as restrictive as
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the terms and conditions you enter into with your licensees for
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distribution of your software; (ii) are solely responsible for any
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warranty, update or support obligation, or other liability that may
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arise from Your distribution of Software and/or derivative works;
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(iii) will not make any statement that your product is warranted,
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"certified," or that its performance is guaranteed, by Intel; (iv)
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will not use Intel's name or trademarks to market your product without
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written permission of an authorized representative of Intel; (v) shall
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prohibit disassembly and reverse engineering of any executable
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Software and/or derivative works thereof; (vi) shall indemnify, hold
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harmless, and defend Intel (including its officers, employees,
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directors, subsidiaries, representatives, affiliates and agents) and
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Intel's suppliers from and against any claims or lawsuits, including
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attorney's fees and expenses, that arise or result from your
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distribution of any Software or derivative works thereof, including
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any liabilities arising from any permitted distribution under any open
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source license.
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OPEN SOURCE SOFTWARE RESTRICTIONS. Unless expressly permitted
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elsewhere in this license, You may not combine or distribute the
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Software with Open Source Software (as defined below) or with software
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developed using Open Source Software (e.g., tools) in a manner that
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subjects Intel or any portion of the Software provide by Intel
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hereunder to any license obligations of such Open Source Software.
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"Open Source Software" means any software licensed under terms
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requiring that other software combined or distributed with such
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software: (i) be disclosed or distributed in source code form; (ii) be
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licensed on terms inconsistent with the terms of this Agreement.
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NO SUPPORT UNDER THIS LICENSE AGREEMENT. Intel has no obligation to
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support the Software under this Agreement.
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EXPORT. You shall NOT export, either directly or indirectly, any
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product, service or technical data or system incorporating Software
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without first obtaining any required license or other approval from
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the U. S. Department of Commerce or any other agency or department of
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the United States Government. In the event any Software is exported
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from the United States or re-exported from a foreign destination by
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You, You shall ensure that the distribution and export/re-export or
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import of the Software is in compliance with all laws, regulations,
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orders, or other restrictions of the U.S. Export Administration
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Regulations and the appropriate foreign government. You shall NOT
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export/re-export any technical data, process, product, or service,
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directly or indirectly, to any country for which the United States
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government or any agency thereof or the foreign government from where
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it is shipping requires an export license, or other governmental
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approval, without first obtaining such license or approval.
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OWNERSHIP OF SOFTWARE AND INTELLECTUAL PROPERTY. Title to all copies
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of the Software and any intellectual property therein remains with
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Intel or its suppliers. The Software is copyrighted and protected by
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the laws of the United States and other countries, and by
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international treaty provisions. You may not remove any copyright
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notices from the Software. Intel may make changes to the Software, or
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to items referenced therein, at any time without notice, but is not
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obligated to support or update the Software. Except as otherwise
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expressly provided, Intel grants no express or implied right under
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Intel patents, copyrights, trademarks, or other intellectual property
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rights. You may not transfer the Software.
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DISCLAIMER OF WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY
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EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF
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MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
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Intel does not warrant or assume responsibility for the accuracy or
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completeness of any information, text, graphics, links or other items
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contained within the Software.
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LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE
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LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST
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PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF
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THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INTEL HAS BEEN
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ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
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PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES
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OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY
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NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM
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JURISDICTION TO JURISDICTION.
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TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement at
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any time if you violate its terms. Upon termination, you will
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immediately destroy the Software or return all copies of the Software
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to Intel.
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APPLICABLE LAWS. Any claims arising under or relating to this
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Agreement shall be governed by the internal substantive laws of the
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State of Delaware or federal courts located in Delaware, without
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regard to principles of conflict of laws. Each Party hereby agrees to
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jurisdiction and venue in the courts of the State of Delaware for all
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disputes and litigation arising under or relating to this Agreement.
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The Parties agree that the United Nations Convention on Contracts for
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the International Sale of Goods is specifically excluded from
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application to this Agreement. The Parties consent to the personal
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jurisdiction of the above courts. In the event any proceeding or
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lawsuit is brought by Intel or You in connection with this Agreement,
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the prevailing Party in such proceeding shall be entitled to receive
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its costs, expert witness fees and reasonable attorneys' fees,
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including costs and fees on appeal. It is understood and agreed that,
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notwithstanding any other provisions of this Agreement, breach of the
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"License" or "Distribution" sections of this Agreement by You will
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cause Intel irreparable damage for which recovery of money damages
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would be inadequate, and that Intel therefore shall be entitled to
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obtain timely injunctive relief to protect this Intel's rights under
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this Agreement in addition to any and all remedies available at law.
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GOVERNMENT RESTRICTED RIGHTS. The Software is a "commercial item" as
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that term is defined in 48 C.F.R. 2.101, consisting of "commercial
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computer software" and "commercial computer software documentation" as
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such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R.
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12.212 and 48 C.F.R 227.7202-1 through 227.7202-4, You will provide
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the Software to U.S. Government as an End User only pursuant to the
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terms and conditions therein. You shall provide the Software to
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foreign governments in an equivalent manner as described in this
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Section.
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REVERSE ENGINEERING. You may not reverse-assemble, reverse-compile, or
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otherwise reverse-engineer any software provided solely in executable
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form.
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ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire
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agreement between You and Intel and supersedes in their entirety any
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and all oral or written agreements previously existing between You and
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Intel with respect to the subject matter hereof. For the avoidance of
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doubt, this Agreement shall in no way supersede any terms and
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conditions of any third-party software license agreement.
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