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By downloading, installing, or using the Materials, You agree to these terms. If You are accepting this Agreement on behalf of or in conjunction with Your work for Your employer, You represent and warrant that You have the authority to bind your employer to this Agreement. It governs Your use of the Materials. It can be used with the following devices: Secure Digital slot on computer Important for SDXC card users: contact your computer manufacturer to confirm the SD slot on your computer is compatible with SDXC cards and for availability of the SDXC driver.Intel OBL Distribution (Commercial Use) License This LIMITED DISTRIBUTION LICENSE AGREEMENT (вЂњAgreementвЂќ) is a contract between You and Intel Corporation and its affiliates (вЂњIntelвЂќ). SD Formatter works with a number of Windows and Mac operating systems.

Pny Sd Card Software Or Other

1.3 вЂњMaterialsвЂќ means software or other collateral Intel delivers to You under this Agreement. 1.2 вЂњIntel ComponentsвЂќ means a hardware component or product designed, developed, sold, or distributed by Intel or its affiliates. 1.1 вЂњIncludingвЂќ means including but not limited to, whether or not capitalized.

You may disclose the Materials to Your subcontractor for its work on Your Products under an agreement preventing the subcontractor from disclosing the Materials to others. Subject to the terms of this Agreement, Intel grants to You, for the Term, a limited, nonexclusive, nontransferable, revocable, worldwide, fully paid-up license under IntelвЂ™s intellectual property rights in the Materials, without the right to sublicense, to use the Materials in the development of Your Products, including modifying Materials delivered as source code, and distributing the Materials, including Your modifications, in object form, embedded in or for execution on Your Product and under terms and conditions consistent with Your rights and obligations under this Agreement. 1.5 вЂњYour ProductsвЂќ means products developed or to be developed by or for You that include an Intel Component executing the Materials.

Intel does not license You to make, have made, use, sell, or import any Intel technology or third-party products, or perform any patented process, even if referenced in the Materials. Except for the express license in Section 2.1, Intel does not grant any express or implied licenses to you under any legal theory. You will be liable for your subcontractorвЂ™s acts or omissions including breach of confidentiality.

A listing of any such third-party software may be in a text file accompanying the Materials. Your use of any third-party software is subject to Your compliance with the license You obtain directly from that third-party. Nothing in this Agreement limits any rights under, or grants rights that supersede, the terms of any applicable open source software license. The Materials may include software subject to an open source license, including licenses recognized by the Open Source Initiative (). If you give Intel comments or suggestions related to the Materials, Intel confidential information provided in connection with this Agreement, or Intel Components, Intel can use them in any way and disclose them to anyone, without payment or other obligations to you. Nothing in this Agreement requires Intel to grant any additional license.

You must maintain all copyright or other proprietary notices in the Materials. Ownership of the Materials and related intellectual property rights is unchanged. This Agreement will not become effective, or will automatically terminate, in the absence of a CNDA. Except as authorized in Section 2.1, you must not disclose this information to anyone, including the U.S.

This collected information may include product name, product version, time of event collection, license type, support type, installation status, hardware and software performance, and use. Some downloaded software included in the Materials may generate and collect information about the software and usage and transmit it to Intel to help improve IntelвЂ™s products and services. For information about why and how Intel may collect and use information from Your use of the Materials, see. Intel respects Your privacy. PRIVACY DATA COLLECTION 8.1 Privacy. You will indemnify, defend, and hold Intel harmless from any allegation against Intel arising in connection with Your use of the Materials and You will pay all of IntelвЂ™s losses, liabilities, and costs (including attorneysвЂ™ fees) arising from the allegation.

If we donвЂ™t resolve the dispute within 60 days after the mediation demand, either of us may begin litigation. If we canвЂ™t resolve the dispute in 30 days, either of us may demand mediation and will then try to resolve the dispute with an impartial mediator. If we have a dispute regarding this Agreement (other than a dispute over misappropriation of trade secrets or breaches of confidentiality obligations), neither of us can file a lawsuit or other regulatory proceeding unless the complaining party provides the other party a detailed notice of the dispute and our senior managers attempt to resolve the dispute. No third party will have any rights under this Agreement.

The Materials are subject to export controls under applicable government laws and regulations, including in the U.S. Except for claims for misappropriation of trade secrets or breach of confidentiality obligations, all disputes and actions arising out of or related to this Agreement are subject to the exclusive jurisdiction of the state and federal courts in Wilmington, Delaware and you consent to personal jurisdiction in those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply. This Agreement is governed by USA and Delaware law without regard to conflict of laws principles.

TERM TERMINATION SURVIVAL. Except for any non-disclosure agreement between you and Intel, this Agreement constitutes the entire agreement, and supersedes all prior agreements, between Intel and You concerning its subject matter. A partyвЂ™s failure or delay in enforcing any provision will not operate as a waiver. That signed waiver will not constitute a waiver of any other provision. No waiver of any provision of this Agreement will be valid unless in a writing signed by an authorized representative of the waiving party that specifies the waived provision.

Termination of this Agreement will not terminate the CNDA. Upon termination of the Agreement, the licenses to You will immediately terminate and You must cease using the Materials and destroy all copies in your possession and direct Your subcontractors to do the same. 10.3 Effect of Termination. This Agreement will automatically terminate upon (a) Your breach of the Agreement, (b) an allegation that you do not have authority to bind your employer to these terms, or (c) Your assertion that an Intel Component, the Materials, or any product based on any Intel Components or the Materials infringes Your patents. Either party may terminate this Agreement, with 30 days written notice, at any time for any reason.

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