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INTEL FPSWA LICENSE AGREEMENT

Definitions

"FPSWA" means the Floating Point Software Assistance code in binary form as compiled and delivered by Red Hat to You, hereunder.

"Intel Itanium Microprocessor" means the 64 bit processor manufactured by Intel and marketed by Intel under the name Itanium or any other name of Intel's choosing.

License

Red Hat grants You a non-exclusive, nontransferable, royalty-free license under it's trade secrets and copyrights to:

  1. Copy and use FPSWA without modification and only for execution on Intel Itanium Microprocessors; subject to the following conditions: (i) You may not distribute the FPSWA; (ii) You must preserve the copyright notices in the FPSWA code; (iii) You may only use the FPSWA for operation on the systems authorized by Red Hat; (iv) You may not modify, disassemble or decompile the FPSWA code and (v) You agree not to use FPSWA in violation of applicable export laws and regulations.

  2. You may not copy, modify, rent, sell, distribute, sublicense or transfer any part of FPSWA except as provided in this Agreement, and You agree to refrain from unauthorized copying of FPSWA.

  3. No license is granted to You under this Agreement to do the following: (i) modify, reverse engineer, disassemble, decompile, decode, FPSWA in any manner, (ii) use the FPSWA for any purpose or in any other manner other than as expressly set forth herein, (iii) use the FPSWA other than with an operating system created for use in computer systems that include one or more Intel Itanium Microprocessors.

  4. Nothing in this Agreement shall be construed as in any other way limiting Your ability to create products for non-Intel Itanium Microprocessors. You shall be free to work with other microprocessor vendors to create products for those vendors' microprocessors, including receiving from those vendors their own software and modifying it to work with those vendors' microprocessors. Nothing in this Agreement shall be construed as in any way limiting Your ability to independently, without use of FPSWA, create, write or acquire any software for any microprocessor that behaves or functions substantially similar or superior to FPSWA.

  5. No Implied Licenses: Except as otherwise expressly provided herein, Intel grants You no express or implied right to Intel patents, copyrights, trademarks, or other intellectual property rights.

Ownership

Title to all copies of the FPSWA remains with Red Hat or its suppliers. FPSWA is copyrighted, patented and protected material by the laws of the United States and other countries, and international treaty provisions. You may not remove any copyright notices from the FPSWA. You will not assert any title or ownership of FPSWA.

Exclusion of Warranties

FPSWA IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTIBILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Neither Intel nor Red Hat warrants or assumes responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the FPSWA.

Limitation of Liability

IN NO EVENT SHALL INTEL OR RED HAT OR THEIR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE FPSWA, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMIATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMIATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

No Assignment

Except as expressly authorized hereby, You shall not assign, sublicense, or in any other way transfer or make available any of Your rights in any of FPSWA to any third party or reproduce, distribute, disclose or make available or accessible any part of FPSWA. Any attempt to do so is void and shall be a material breach of the license granted in Section entitled "License" above.

Applicable Laws

Claims arising under this Agreement shall be governed by the laws of California, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. You may not export FPSWA in violation of applicable export laws and regulations.