END USER LICENSE AGREEMENT
Document Version: 3.0
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
THESE LICENSE TERMS (“AGREEMENT”) ARE A LEGAL AGREEMENT ENTERED INTO BETWEEN YOU AND INTEL CORPORATION (UK) LTD (“INTEL”) AND GOVERN YOUR USE OF THE INTEL EDUCATION RESOURCES SOFTWARE. SOME CONTENT PROVIDED MAY BE LICENSED UNDER DIFFERENT LICENSE TERMS INCLUDING UNDER OPEN SOURCE LICENSE TERMS. SEE SPECIFIC CONTENT FOR PERTINENET LICENSE TERMS THAT APPLY.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CLICKING THE “AGREE” BUTTON. TO AGREE TO THE TERMS OF THE AGREEMENT, CHECK “I AGREE”. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CHECK “I DO NOT AGREE” AND DO NOT DOWNLOAD, INSTALL OR USE THE CLIENT.
This Agreement applies to any updates or new versions of the Client, unless the update includes separate terms.
DEFINITION:
LICENSE: So long as you comply with the terms of this Agreement, you may use the Client on devices for your personal use. You may make a backup of the Client in machine-readable form; provided that the backup copy must include all copyright and other proprietary notices contained in the original. Title to the Client remains with Intel or its suppliers. The Client is non-exclusively licensed to you, not sold. This Agreement only gives you some rights to use the Client. Intel reserves all other rights. You must comply with any technical limitations in the Client that only allow you to use it in certain ways. Except as permitted under this Agreement or by applicable law, you may not:
The Client may contain the software or other property of third party suppliers, some of which may be identified in, and licensed in accordance with, any enclosed “license.txt” or “read me” file or other text or file. The Client is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. You may not remove any copyright notices from the Client. Except as expressly provided in this Agreement, no license or right is granted to you directly or by implication, inducement, estoppel or otherwise; specifically Intel does not grant any express or implied right to you under Intel patents, copyrights, trademarks, or trade secret information.
UNAUTHORIZED USE: THE CLIENT, INCLUDING APPLICATIONS THAT MAY USE THE CLIENT, ARE NOT DESIGNED, INTENDED, OR AUTHORIZED FOR USE IN ANY TYPE OF SYSTEM OR MANNER IN WHICH THE FAILURE OF THE CLIENT OR APPLICATION COULD CREATE A SITUATION WHERE ENVIRONMENTAL DAMAGE, PERSONAL INJURY OR DEATH MAY OCCUR (E.G MEDICAL SYSTEMS, LIFE SUSTAINING OR LIFE SAVING SYSTEMS). Should you use the Client or any related application for any such unintended or unauthorized use, you agree to indemnify and hold Intel and its officers, subsidiaries and affiliates harmless against all claims, costs, damages, and expenses, and reasonable attorney fees arising out of, directly or indirectly, any claim of product liability, personal injury or death associated with such unintended or unauthorized use, even if such claim alleges that Intel was negligent regarding the design or manufacture of the Client.
NO SUPPORT SERVICES. Neither the manufacturer of your device nor your internet service provider are responsible for providing support services for the Client. Intel is not obligated to support or update the Client.
LIMITED MEDIA WARRANTY. If the Software has been delivered by Intel on physical media, Intel warrants the media to be free from material physical defects for a period of ninety days after delivery by Intel. If such a defect is found, return the media to Intel for replacement or alternate delivery of the Software as Intel may select.
EXCLUSION OF OTHER WARRANTIES.THE CLIENT PROVIDED IN CONNECTION THEREWITH ARE PROVIDED "AS IS" AND WITH ALL FAULTS. YOU ASSUME AND BEAR ALL RISKS ASSOCIATED WITH THE DOWNLOAD, INSTALLATION AND USE OF THE CLIENT. INTEL PROVIDES NO WARRANTY OF ANY KIND WITH RESPECT TO THE CLIENT, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OTHERWISE ARISING OUT OF ANY PROPOSAL, SPECIFICATION OR SAMPLE. Intel does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Client. Intel does not warrant that your use of the Client will be uninterrupted or error-free, nor that defects in the Client will be corrected. You may have additional consumer rights under local laws in your jurisdiction which this agreement cannot change.
LIMITATION OF LIABILITY.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, WHETHER ARISING FROM LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OR CORRUPTION OF DATA, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, IRRESPECTIVE OF THE THEORY OF LIABILITY, REGARDLESS OF WHETHER INTEL HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL INTEL’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM THIS AGREEMENT EXCEED THE SUM OF FIVE UNITED STATES DOLLARS ($5.00).
THE WARRANTY DISCLAIMER AND LIMITATIONS ON LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTEL AND YOU. INTEL WOULD NOT BE ABLE TO PROVIDE THE CLIENT WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS MAY PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES (IF ANY) OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN ITS ENTIRETY. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
TERMINATION OF THIS AGREEMENT. This Agreement becomes effective on the date you accept it and will continue until terminated as provided for in this Agreement. Intel may terminate this Agreement at any time if you violate its terms. Upon termination, you will immediately delete the Client and cease using the Client and all copies of the Client.
LANGUAGE; TRANSLATIONS. In the event that the English language version of this Agreement is accompanied by any other version translated into any other language, such translated version is provided for convenience purposes only and the English language version shall control.
TRADE COMPLIANCE. You and or any of your subsidiaries shall not import, export, reexport, distribute or transfer either directly or indirectly, any product, service or technical data or system incorporating such items without first obtaining any required license or other approval from the U.S. and any other worldwide government agency that has jurisdiction over such trade activities.
U.S. GOVERNMENT RIGHTS: The Client is a “Commercial Item” as that term is defined at FAR 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in FAR 12.212 and FAR 227.7202. Consistent with these regulations, the Client is being licensed to United States Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Use of the Client by the United States Government constitutes acknowledgment and agreement to abide by these terms and conditions.
DATA COLLECTION: Use of this application is recorded in accordance the Intel Education Program’s License Agreement
No personal information is collected. Intel is committed to protecting your privacy. For more information about Intel's Privacy Notice, please visit http://www.intel.com/privacy.
Only the software build version is collected by Intel. The version information provides the following details about the application build`: the program, region or country, language of the build, the year or month the build was created.
For example the version information will be in the following format R3B-Vn-Eng-Q22013. The version number is collected by 2 mechanisms, once on acceptance of the EULA and then on subsequent launches of the British Council application. This information is collected to indicate the success of the program and the overall popularity of the British Council application. We can use this information to improve the British Council content in the future and consider expanding a program in a country or region
APPLICABLE LAWS; ENTIRE AGREEMENT. Claims arising under this Agreement shall be governed by the laws of the State of Delaware, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. You may not export the Client in violation of applicable export laws and regulations. Intel is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Intel.