INTEL SOFTWARE LICENSE AGREEMENT
(OEM / ODM / IHV / ISV DISTRIBUTION)

IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.

Do not use or load software from this site or any associated materials (collectively, 
the "Software") until you have carefully read the following terms and conditions. 
By loading or using the Software, you agree to the terms of this Agreement. 
If you do not wish to so agree, do not install or use the Software.

COPYRIGHT LICENSE. Subject to the terms of this Agreement, Intel grants to You a 
nonexclusive, nontransferable, worldwide, fully paid-up license under Intel's 
copyrights to:

* Use and copy Software internally for Your own development and maintenance purposes; 
and copy and distribute Software, in object code form only, to Your end-users, only 
for use with Intel® Omni-Path Architecture products, and only under a license agreement 
with terms at least as restrictive as those contained in Intel's Final, Single User 
License Agreement, attached as Exhibit A; and * copy and distribute the end-user 
documentation which may accompany the Software, but only in association with the Software.

PATENT LICENSE. Subject to the terms of this Agreement, Intel grants You a non-exclusive, 
non-transferable, worldwide patent license under Licensed Patent Claims to make 
copies of and use the Software solely for the reproduction or use of the Software 
authorized under the Copyright License. Licensed Patent Claims" means the claims of 
Intel's patents that are necessarily and directly infringed by licensed reproduction or 
use of the Software that is authorized under the Copyright License. Licensed Patent 
Claims are only those claims which Intel can license without paying, or getting the 
consent of, a third party.

ADDITIONAL RESTRICTIONS AND DISCLAIMERS.
 You may not disassemble, reverse-engineer, or decompile any Software.

EXCEPT AS PROVIDED IN THIS AGREEMENT, NO OTHER LICENSE, EXPRESS OR IMPLIED, IS 
GRANTED TO ANY OTHER INTELLECTUAL PROPERTY RIGHTS, BY ESTOPPEL OR OTHERWISE.

The Software is protected by the intellectual property laws of the United States 
and other countries, and international treaty provisions. An essential basis of 
the bargain in this Agreement is that no licenses or other rights, including but not 
limited to patent and copyright licenses or rights, are granted to You by implication, 
estoppel or otherwise, except for the licenses expressly granted in the preceding paragraphs.

You agree that the consideration provided under this Agreement only covers the licenses 
expressly granted to You in the preceding paragraphs, that any other rights, including 
but not limited to additional patent rights, would require an additional license and 
additional consideration, and that nothing in this Agreement requires or will be treated 
to require Intel to grant any such additional license.

You acknowledge that there are significant uses of the Software in its original, 
unmodified and uncombined, form. The consideration for the license in this Agreement 
reflects Intels 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 are made by You or third parties that infringe any 
Intel patent claim that is not a Licensed Patent Claim.

If You are not the final manufacturer or vendor of a computer system or software 
program incorporating the Software, then You may transfer a copy of the Software 
(and related end-user documentation) to Your recipient for use in accordance with the 
terms of this Agreement, provided such recipient agrees to be fully bound by the terms 
hereof. You shall not otherwise assign, sublicense, lease, or in any other way transfer 
or disclose Software to any third party. You shall not reverse- compile, disassemble or 
otherwise reverse-engineer the Software.

You may not subject the Software, in whole or in part, to any license obligations of 
Open Source Software including without limitation combining or distributing the 
Software with Open Source Software in a manner that subjects the Software or any 
portion of the Software provided by Intel hereunder to any license obligations of 
such Open Source Software. "Open Source Software" means any software that requires 
as a condition of use, modification and/or distribution of such software that such 
software or other software incorporated into, derived from or distributed with such 
software 
(a) be disclosed or distributed in source code form; or 
(b) be licensed by the user to third parties for the purpose of making and/or 
  distributing derivative works; or 
(c) be redistributable at no charge. Open Source Software includes, without 
  limitation, software licensed or distributed under any of the following licenses 
  or distribution models, or licenses or distribution models substantially similar 
to any of the following: 
(a) GNUs General Public License (GPL) or Lesser/Library GPL (LGPL), 
(b) the Artistic License (e.g., PERL), 
(c) the Mozilla Public License, 
(d) the Netscape Public License, 
(e) the Sun Community Source License (SCSL), 
(f) the Sun Industry Source License (SISL), 
(g) the Apache Software license and 
(h) the Common Public License (CPL).

AUDIT. Intel shall have the right to inspect or have an independent auditor 
inspect Your relevant records to verify Your compliance with the terms and conditions of this Agreement.

CONFIDENTIALITY. The Software includes confidential information of Intel. You may 
not reveal, disclose or distribute the Software in any form, or display or perform 
it publicly or distribute any product thereof. You may not use the Software or 
any information relating to the Software except for the purposes stated above. 
You may only disclose the Software available to Your employees whose duties require 
such access and who are obligated to maintain the Software in confidence. This 
obligation of confidentiality shall not apply to information which is shown by 
contemporaneous documentation to be: 
(i) rightfully available to the public other than by breach of this Agreement by You; 
(ii) rightfully received by You from a third party without breach of a duty to Intel; 
(iii) independently developed by Your employees without access to the Software; or 
(iv) rightfully known to You prior to first receipt from Intel. 
You acknowledge and agree that if You breach these 
Confidentiality provisions, Intel will suffer irreparable harm for which money 
damages will not be an adequate remedy. You therefore agree that Intel will be 
entitled to an injunction restraining any breach or threatened breach of these 
Confidentiality provisions without the necessity of proving irreparable harm or 
posting a bond, in addition to all other rights and remedies at law, in equity 
and under this Agreement. If You wish to have a third party consultant or 
subcontractor ("Contractor") perform work on Your behalf which involves access 
to or use of Software, You shall obtain a written confidentiality agreement 
from the Contractor which contains terms and obligations with respect to 
access to or use of Software no less restrictive than those set forth in 
this Agreement and excluding any distribution rights, and use for any other purpose. 
Otherwise, You shall not disclose the terms or existence of this Agreement or 
use Intel's Name in any publications, advertisements, or other announcements 
without Intel's prior written consent. You do not have any rights to use any 
Intel trademarks or logos.

OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software remains 
with Intel or its suppliers. You may not mortgage, pledge or encumber any of the 
Software in any way. The Software 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 Software..

SUPPORT. Intel may make changes to the Software, or to items referenced therein, 
at any time without notice, but is not obligated to support, update or provide 
training for the Software. Intel may in its sole discretion offer such services 
under separate terms at Intel's then-current rates. You may request additional
 information on Intel's service offerings from an Intel sales representative. 
You agree to be solely responsible to Your End Users for any update or support 
obligation or other liability which may arise from the distribution of the Software.

EXCLUSION OF OTHER WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT 
ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF 
MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. 
Intel does not warrant or assume responsibility for the accuracy or 
completeness of any information, text, graphics, links or other items 
contained within the Software.

LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS 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 THE SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE 
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR 
LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR 
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 
YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO 
JURISDICTION. THE SOFTWARE LICENSED HEREUNDER IS NOT DESIGNED OR INTENDED 
FOR USE IN ANY MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS, 
TRANSPORTATION SYSTEMS, NUCLEAR SYSTEMS, OR FOR ANY OTHER MISSION 
CRITICAL APPLICATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD 
TO PERSONAL INJURY OR DEATH. YOU SHALL INDEMNIFY AND HOLD INTEL AND 
THE INTEL PARTIES HARMLESS AGAINST ALL CLAIMS, COSTS, DAMAGES, AND 
EXPENSES, AND REASONABLE ATTORNEY FEES ARISING OUT OF, DIRECTLY OR 
INDIRECTLY, THE DISTRIBUTION OF THE SOFTWARE AND ANY CLAIM OF PRODUCT 
LIABILITY, PERSONAL INJURY OR DEATH ASSOCIATED WITH ANY UNINTENDED USE, 
EVEN IF SUCH CLAIM ALLEGES THAT AN INTEL PARTY WAS NEGLIGENT REGARDING 
THE DESIGN OR MANUFACTURE OF THE SOFTWARE. THE LIMITED REMEDIES, WARRANTY 
DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF 
THE BARGAIN BETWEEN INTEL AND YOU. INTEL WOULD NOT BE ABLE TO PROVIDE THE 
SOFTWARE WITHOUT SUCH LIMITATIONS.

TERMINATION OF THIS AGREEMENT. 
Intel may terminate this Agreement immediately, 
upon notice from Intel, if You violate its terms. Upon termination, You will 
immediately destroy the Software (including providing certification of such 
destruction back to Intel) or return all copies of the Software to Intel. In 
the event of termination of this Agreement, all licenses granted to You 
hereunder shall immediately terminate, except for licenses that you have 
previously distributed to Your end-users pursuant to the license grant above.

APPLICABLE LAWS.
Any claims arising under or relating to this Agreement shall be governed by 
the internal substantive laws of the State of Delaware or federal courts 
located in Delaware, without regard to principles of conflict of laws. 
Each Party hereby agrees to jurisdiction and venue in the courts of the 
State of California for all disputes and litigation arising under or 
relating to this Agreement. The Parties agree that the United Nations 
Convention on Contracts for the International Sale of Goods is specifically 
excluded from application to this Agreement. The Parties consent to the 
personal jurisdiction of the above courts.

EXPORT REGULATIONS / EXPORT CONTROL.
You shall not export, 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. Department of Commerce or 
any other agency or department of the United States Government. In the event 
any product is exported from the United States or re-exported from a foreign 
destination by You, You shall ensure that the distribution and export/re-export 
or import of the product is in compliance with all laws, regulations, orders, 
or other restrictions of the U.S. Export Administration Regulations and the 
appropriate foreign government. You agree that neither you nor any of your 
subsidiaries will export/re-export any technical data, process, product, or 
service, directly or indirectly, to any country for which the United States 
government or any agency thereof or the foreign government from where it is 
shipping requires an export license, or other governmental approval, without 
first obtaining such license or approval.

GOVERNMENT RESTRICTED RIGHTS.
The Software is a "commercial item" as that term is defined in 48 C.F.R. 2.101, 
consisting of "commercial computer software" and "commercial computer software 
documentation" as such terms are used in 48 C.F.R. 12.212. Consistent 
with 48 C.F.R. 12.212 and 48 C.F.R 227.7202-1 through 227.7202-4, You will provide 
the Software to the U.S. Government as an End User only pursuant to the terms and 
conditions therein. Contractor or Manufacturer is Intel Corporation, 
2200 Mission College Blvd., Santa Clara, CA 95052.

ASSIGNMENT.
You may not delegate, assign or transfer this Agreement, the license(s) granted 
or any of Your rights or duties hereunder, expressly, by implication, by 
operation of law, by way of merger (regardless of whether You are the surviving 
entity) or acquisition, or otherwise and any attempt to do so, without Intel's 
express prior written consent, shall be null and void. Intel may assign this 
Agreement, and its rights and obligations hereunder, in its sole discretion.

ENTIRE AGREEMENT.
The terms and conditions of this Agreement constitutes the entire agreement 
between the parties with respect to the subject matter hereof, and merges and 
supersedes all prior, contemporaneous agreements, understandings, negotiations 
and discussions. Neither of the parties hereto shall be bound by any conditions, 
definitions, warranties, understandings or representations with respect to the 
subject matter hereof other than as expressly provided for herein. Intel is not 
obligated under any other agreements unless they are in writing and signed by 
an authorized representative of Intel. Without limiting the foregoing, terms 
and conditions on any purchase orders or similar materials submitted by You 
to Intel, and any terms contained in Intel's standard acknowledgment form 
that are in conflict with these terms, shall be of no force or effect.

NO AGENCY.
Nothing contained herein shall be construed as creating any agency, employment 
relationship, partnership, principal-agent or other form of joint enterprise between the parties.

SEVERABILITY.
In the event that any provision of this Agreement shall be unenforceable or 
invalid under any applicable law or be so held by applicable court decision, 
such unenforceability or invalidity shall not render this Agreement 
unenforceable or invalid as a whole, and, in such event, such provision 
shall be changed and interpreted so as to best accomplish the objectives 
of such unenforceable or invalid provision within the limits of applicable 
law or applicable court decisions.

WAIVER.A party's failure or delay in enforcing any provision of this 
Agreement will not operate as a waiver of the right to enforce that 
provision or any other provision of this Agreement at any time. No 
waiver of any provision of this Agreement will be valid unless in 
writing, specifying the provision to be waived, and signed by the 
party agreeing to the waiver.


EXHIBIT A
EULA

INTEL SOFTWARE LICENSE AGREEMENT
(Single User)

IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
Do not use or load software from 
this site or any associated materials (collectively, the "Software") until you have 
carefully read the following terms and conditions. By loading or using the Software, 
you agree to the terms of this Agreement. If you do not wish to so agree, do not install 
or use the Software.
LICENSE. You may copy the Software onto a single computer for your 
personal, or internal business purpose use, and you may make one back-up copy of the Software, 
subject to these conditions:
a. You may not copy, modify, rent, sell, distribute or transfer any part of the Software 
  except as provided in this Agreement, and you agree to prevent unauthorized copying of the Software.
b. You may not reverse engineer, decompile, or disassemble the Software.
c. You may not sublicense or permit simultaneous use of the Software by more than one user.
d. The Software 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 
  file or other text or file.

OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software remains with Intel 
or its suppliers. The Software 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 Software. Intel may make changes to the Software, or to items referenced 
therein, at any time without notice, but is not obligated to support or update the Software. 
Except as otherwise expressly provided, Intel grants no express or implied right under Intel 
patents, copyrights, trademarks, or other intellectual property rights. You may transfer the 
Software only if the recipient agrees to be fully bound by these terms and if you retain no 
copies of the Software.

EXCLUSION OF OTHER WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED 
WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR 
A PARTICULAR PURPOSE. Intel does not warrant or assume responsibility for the accuracy or 
completeness of any information, text, graphics, links or other items contained within the Software.

LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS 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 THE SOFTWARE, EVEN IF INTEL 
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION 
OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO 
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM 
JURISDICTION TO JURISDICTION.

TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement at any time if you violate 
its terms. Upon termination, you will immediately destroy the Software or return all copies 
of the Software to Intel.

APPLICABLE LAWS. Claims arising under this Agreement shall be governed by the laws 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 Software 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.

GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS." Use, duplication, 
or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 
and DFAR252.227-7013 et seq. or its successor. Use of the Software by the Government 
constitutes acknowledgment of Intel's proprietary rights therein. Contractor or Manufacturer is 
Intel Corporation, 2200 Mission College Blvd., Santa Clara, CA 95052.
 

