Terms of Use for Intel ® SGX Services

18 September 2018 verison

Please read this Terms of Use for Intel ® SGX Services (“Terms”), carefully before using the Intel® SGX Services (SGX Services). By accessing, using, and any downloads from the SGX Services, any Intel Corporation, its Affiliates or third party software programs, or Beta Services available through the SGX Services (“Software”), and Materials, You acknowledge and agree to abide by these Terms (“Acceptance”). If You do not agree to these Terms, do not access, use, or download from the SGX Services, Software, Materials, or Output. If You are accepting the Terms on behalf of a company, or corporate or legal entity (“Entity”), You warrant that: (a) You have full legal authority to bind the Entity to these Terms; (b) You have read and understand these Terms; and (c) on behalf of the Entity, You agree to these Terms (“Entity Acceptance”). If You do not have the legal authority to bind the Entity, please do not accept these Terms, and do not access, use, or download from the SGX Services, Software or Materials or Output.

  • 1. Scope of Terms

    • 1.1. These Terms apply to the SGX Services, whether managed by Intel Corporation, or its Affiliates, (“Intel”), or through or hosted by one or more third party service provider(s) (“Intel Service Providers”). These Terms also apply to any Software, or other resources and tools provided through the SGX Services including, but not limited to, developer tools, application program interfaces (“APIs”), download and upload areas, research areas, community forums, blogs, sharing sites, documents, and product information (“Materials”) and output; (e.g., permissible file generation, measurements) or Output, Your comments related to such output or Output and Your information (“Output”). These Terms apply to all the SGX Services web sites, current and future.
    • 1.2. Intel provides general terms of service on all Intel web sites and to the extent that those general terms do not conflict with these Terms, such general terms remain in full force and effect.
    • 1.3. User or US Government End User as used herein refers to You or Your.
    • 1.4. BETA SERVICES. Intel may, in its sole discretion, offer Beta Services (s) for use pursuant to these Terms For purposes of these Terms, the Beta Service, is a service under development by Intel, its suppliers licensors or Intel Service Provider, and may include software, specifications, prototypes, or other materials. Title to the Beta Service(s) remains with Intel, its licensors, its suppliers or Intel Service Provider. You understand and agree that use of the Beta Service is at your own risk and Intel may terminate access at any time.
  • 2. Security and Privacy

    • 2.1. Intel’s Privacy Notice ( https://www.intel.com/content/www/us/en/privacy/intel-privacy-notice.html ) will apply to any Personal Data (such as name and contact details) that You submit when You sign up for and as You access the SGX Services.
    • 2.2. Member Account, Password, and Security of SGX Services: To access the SGX Services it may be necessary to establish a member account and password. Each User account must be associated with a valid customer e-mail address. You are entirely responsible for maintaining the confidentiality of Your password and account. You are entirely responsible for any and all activities that occur under Your account. You agree to notify Intel immediately of any unauthorized use of Your account or any other breach of security related to Your account. Intel will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by Intel or another party due to someone else using Your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
  • 3. Use Terms

    • 3.1. Access

      You may access the SGX Services, Software, Materials and Output for Your Service (as defined below), subject to all of the Terms contained herein, including but not limited to the following:

      • 3.1.1. You may not disclose, distribute or transfer any part of the SGX Services, Materials, Output, or Software except as provided in this Terms, and You agree to prevent unauthorized copying of the SGX Services, Software, Materials or Output.
      • 3.1.2. You understand, acknowledge and agree that the SGX Services, Software and certain parts of the Materials are confidential information of Intel, its affiliates, licensors, suppliers and Intel Service Providers and shall not be disclosed or used by anyone other than You, except as expressly permitted in these Terms.
      • 3.1.3. You may not, nor will you permit any other party to: (i) reverse engineer, decompile, or disassemble, modify, translate, create or derive or attempt to create or derive, by reverse engineering or otherwise, the source code from the object code, underlying ideas, algorithms, file formats or non-pubic APIs of the SGX Services, Materials, or the Software, except as permitted by law; (ii) remove or obscure any proprietary or other notices contained in the SGX Services, Software or Materials; or (iii) publicly disseminate information regarding the performance of the SGX Services, Software or Materials.
      • 3.1.4. You may not use the SGX Services, Software, Materials or Output for any unlawful purpose.
      • 3.1.5. You may not sublicense, modify, sell, rent, lease or create a service bureau using the SGX Services, Software, Materials, or Output. Any reproduction or redistribution of the Software or Materials not in accordance with these Terms, a License Agreement, if any, or the SGX Services governed by these Terms is expressly prohibited, may be prohibited by law, and may result in severe civil and criminal penalties.
      • You acknowledge and agree that:
        • 3.1.6.1. Caching of the Public Certificate Key (PCK) and Trusted Computing Based (TCB) information is required to avoid unnecessary high-frequency calls to the Intel SGX Provisioning Certification Services (PCS).
        • 3.1.6.2. You will not remove any proprietary notices, trademarks, services marks, logos or other Brand Features of Intel, its affiliates, licensors, suppliers or Intel Service Providers;
        • 3.1.6.3. You will promptly notify Intel of any non-conformity, alleged defect or malfunction of the SGX Services, Software or Materials; and
        • 3.1.6.4. You will use the SGX Services, Software, Materials and Output in accordance with Intel’s published minimal requirements, as applicable.
    • 3.2. License to the Output

      Subject to these Terms, Intel hereby grants You a license to download, copy and use the Output of the SGX Services in Your internal attestation service (“Your Service”) only. No other license is granted herein and no other use is permitted.

    • 3.3. Software
      • 3.3.1. Any Software that is made available to You from the SGX Services is the copyrighted work and trade secret of Intel, its suppliers, licensors or Intel Service Providers. Access to the SGX Services or performance of the Software is governed by (i) these Terms; or (ii) of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). If there is no License Agreement, these Terms will govern use of the Software or Materials. If there is a License Agreement, You will be unable and not authorized to access, perform, or install, as applicable, any Software that is accompanied by or includes a License Agreement, unless You first agree to the terms of the applicable License Agreement. The Software is made available for access or download solely to You but not to any other or third party. Any reproduction or redistribution of the Software not in accordance with these Terms or the License Agreement, if any, is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
      • 3.3.2. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SGX SERVICES, SOFTWARE OR MATERIALS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS EXPRESS PERMITTED BY THESE TERMS OR A LICENSE AGREEMENT, IF ANY, GOVERNING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE WARRANTED IN A LICENSE AGREEMENT, INTEL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SGX SERVICES, SOFTWARE, MATERIALS OR OUTPUT, INCLUDING ALL WARRANTIES AND CONDITIONS OF ANY KIND, ORAL, WRITTEN, OR STATUTORY, INCLUDING, WITHOUT LIMITITATION, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
      • 3.3.3. INTEL DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF ANY OUTPUT, WHETHER GENERATED BY THE USER, INTEL AND/OR ITS SUPPLIERS, LICENSORS, OR INTEL SERVICE PROVIDERS, THAT RESULT FROM SUCH USE OF THE INTEL SGX SERVICES, SOFTWARE OR MATERIALS.
    • 3.4. Use Restriction:
      • 3.4.1. Unless expressly stated in these Terms or in a mutually signed writing, You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the SGX Services, Software, or the Materials.
      • 3.4.2. You may not use or facilitate the use of the SGX Services, Software or any Materials in connection with any infringement analysis concerning Intel products, Software or SGX Services. By Your use of the SGX Services, the Software or any Materials, You hereby grant Intel a non-exclusive, royalty-free license to any patent claim thereafter drafted which includes subject matter disclosed on the SGX Services, Software or Materials.
  • 4. License to Use Comments and Suggestions.

    These Terms do NOT obligate You to provide Intel with comments or suggestions regarding the SGX Services, Materials, Output or the Software. However, You grant Intel a non-exclusive, worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, under Your intellectual property rights, to incorporate or otherwise utilize any such comments or suggestions that You provide Intel for the modification, correction, improvement or enhancement of (a) the Software, Materials or the SGX Services or (b) Intel products or processes related to the SGX Services.

  • 5. Restrictions. No Unlawful or Prohibited Use.

    You agree not to use the SGX Services, Software Materials, or Output for any purpose that is unlawful or prohibited by these Terms or by law. You may not:

    • 5.1. Upload, post, email, transmit or otherwise make available:
      • 5.1.1. Any content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
      • 5.1.2. Any content that You do not have a right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
      • 5.1.3. Any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
      • 5.1.4. Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and
      • 5.1.5. Any material that contains open source software, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications, Output and recommendations.
    • 5.2. Use the SGX Services, Materials, Software, or Output to "stalk" or otherwise harass or harm another;
    • 5.3. Impersonate any person or entity, including, but not limited to, an Intel official, forum leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities;
    • 5.4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the SGX Services, Software, Materials, or Output;
    • 5.5. You may not use the SGX Services, Software, Output, or Materials in any manner that could damage, disable, overburden, or impair any Intel server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the SGX Services, Software, Output, or Materials or interfere with any other party's use and enjoyment of the SGX Services, Software or Materials;
    • 5.6. You may not attempt to gain unauthorized access to any SGX Services, Software, Output, or Material, other accounts, computer systems or networks connected to any Intel server or Materials, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the SGX Services, Software or Materials;
    • 5.7. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, laws and regulations of the United States and other countries governing the export, import, transfer, distribution, use, or access of the SGX Services, Output, Software or Materials; and/or
    • 5.8. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
  • 6. U.S. Government Restricted Rights

    The SGX Services, Software or Materials are 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 SGX Services, Software or Materials by the Government constitutes acknowledgment of Intel's, its suppliers, licensors or Intel Service Providers proprietary rights in them. You are a US Government End User If You are (ii) a prime contractor or subcontractor that is using the SGX Services, Software, Materials or Output to provide services to or for the U.S. Government, or (ii) U.S. Government customer and all U.S. Government users, account holders, and subscribers who use or access the SGX Services, Software, Materials or Output on behalf of a U.S. Government agency.

  • 7. Exclusions of Warranty.

    The SGX Services, Software, Materials or Output are provided by Intel, Intel Service Providers, suppliers or licensors as a service to You solely available with the SGX Services.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    • 7.1. YOUR USE OF THE SGX SERVICES, SOFTWARE, MATERIALS OR OUTPUT IS AT YOUR SOLE RISK AND THE SGX SERVICES, SOFTWARE, MATERIALS OR OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
    • 7.2. ANY SOFTWARE, MATERIAL OR OUTPUT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SGX SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR THE PROPERTY OF YOUR CUSTOMERS OR LICENSEES, INCLUDING, BUT NOT LIMITED TO, COMPUTER SYSTEM(S) OR ANY OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM ANY SUCH DOWNLOAD, USE OR CREATION.
    • 7.3. IN NO EVENT SHALL INTEL, INTEL SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING FROM THE USE OF OR INABILITY TO USE THE SGX SERVICES, SOFTWARE, OUTPUT OR MATERIALS, EVEN IF INTEL, INTELSERVICE PROVIDERS, LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
  • 8. Limitation of Liability:

    • 8.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT INTEL, INTEL SERVICE PROVIDERS, SUPPLIERS AND LICENSORS, SHALL NOT BE LIABLE TO YOU OR YOUR CUSTOMERS FOR AND HEREBY DISCLAIM:
      • 8.1.1. ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND, WHETHER ARISING FROM TORT, CONTRACT, STATUTE, OR OTHERWISE, FOR LOSS OF USE, DATA, GOODWILL, OR PROFITS ARISING FROM OR IN CONNECTION WITH THE ACCESS, USE OR PERFORMANCE OF ANY SGX SERVICES, SOFTWARE, OUTPUT, MATERIALS, PROVISION OF OR FAILURE TO PROVIDE SGX SERVICES, OUTPUT, SOFTWARE, MATERIALS OR INFORMATION AVAILABLE FROM THE SGX SERVICES WEB SITE.
      • 8.1.2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU OR YOUR CUSTOMERS, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE YOU OR YOUR CUSTOMERS PLACE ON THE COMPLETENESS, OR ACCURACY OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS, OR THE EXISTENCE AND USE OF THE SGX SERVICES, SOFTWARE, MATERIALS, OR OUTPUT OR ANYTHING IN ANY OF THE FOREGOING, OR ANY CHANGES INTEL OR INTEL SERVICE PROVIDERS, SUPPLIERS, AND LICENSORS MAY MAKE TO THE SGX SERVICES, SOFTWARE, MATERIALS, OR OUTPUT, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SGX SERVICES (OR ANY FEATURES WITHIN THE SGX SERVICES INCLUDING, BUT NOT LIMITED TO, SOFTWARE OR MATERIALS), OR IF APPLICABLE, YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. INTEL, INTEL SERVICE PROVIDERS, SUPPLIERS AND LICENSORS TOTAL LIABILITY SHALL NOT EXCEED $100 (ONE HUNDRED) UNITED STATES DOLLARS OR THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE PRIOR SIX (6) MONTHS.
    • 8.2. THESE LIMITATIONS ON INTEL, INTELSERVICE PROVIDERS, SUPPLIERS AND LICENSORS ' LIABILITY SHALL APPLY WHETHER OR NOT INTEL OR INTEL SERVICE PROVIDERS, SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.
  • 9. Indemnification:

    You hereby agree to indemnify, defend, and hold Intel and its officers, agents, employees, partners, Intel Service Providers, suppliers or licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising from anything that You submit, post, transmit or otherwise make available through the SGX Services, Materials, or Software, Your use of the SGX Services, Software, Output or Materials. Your Service. Your connection to the SGX Services, Software, Output or Materials, or Your violation of the Terms, any laws, or any rights of another.

  • 10. Changes and Updates:

    Intel reserves the right to modify or discontinue, temporarily or permanently, the access to or performance of the SGX Services, Software, Output or Materials (or any part thereof) with or without notice. Intel may make changes to SGX Services, Software, Output or Materials, or to the products, software or services described therein, at any time without notice. Intel makes no commitment to update the SGX Services, Software, Output or Materials.

  • 11. Ownership:

    You acknowledge and agree that Intel, Intel Service Provider, suppliers or licensors: (i) own all legal rights, title and interest in and to the SGX Services, Output, Software and, Materials and the related web sites, including any Intel or third party trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights are registered or not, and wherever in the world they may exist) (“Brand Features”), which are protected by worldwide intellectual property laws and treaty provisions; (ii) do not grant You any right or license reproduce, modify, publish, perform, upload, post, transmit, or distribute in any way the Brand Features without the prior written permission of Intel or such third party; and (iii) do not grant You any right or license, express or implied, under any patents, copyrights, trademarks, or trade secret information or other intellectual property rights.

  • 12. Translations:

    Where Intel provided these Terms to You in an English language translation, You agree that the translation is provided for Your convenience only and that the English language translation of the Terms will govern Your relationship with Intel. If there is any contradiction between the English language translation of the Terms and any other translation of the Terms, the English language translation of the Terms shall govern.

  • 13. Third Party Content:

    Where Intel provided these Terms to You in an English language translation, You agree that the translation is provided for Your convenience only and that the English language translation of the Terms will govern Your relationship with Intel. If there is any contradiction between the English language translation of the Terms and any other translation of the Terms, the English language translation of the Terms shall govern.

  • 14. Intel Product Notices and Information

    • 14.1. Limitations: WITH REGARD TO INFORMATION ON INTEL PRODUCTS OR ANY SOFTWARE IN OR THAT INTERFACES WITH THE SGX SERVICES OR MATERIALS, INTEL GRANTS NO LICENSE, EXPRESS OR IMPLIED, BY ESTOPPEL OR OTHERWISE, TO ANY INTELLECTUAL PROPERTY RIGHTS IN THE SGX SERVICES, SOFTWARE, OUTPUT, OR THE MATERIALS. EXCEPT AS PROVIDED IN THESE TERMS FOR SUCH PRODUCTS OR SOFTWARE, INTEL, INTEL SERVICE PROVIDERS, SUPPLIERS AND LICENSORS ASSUME NO LIABILITY WHATSOEVER, AND INTEL, INTEL SERVICE PROVIDERS, SUPPLIERS AND LICENSORS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY, RELATING TO THE SALE OR USE OF INTEL PRODUCTS, THE SGX SERVICES OR ANY SOFTWARE INCLUDING, WITHOUT LIMITATION, LIABILITY OR WARRANTIES RELATING TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR INFRINGEMENT OF ANY PATENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT.
    • 14.2. Use of Intel Products: Intel products, including the SGX Services, Software, Output, and Materials are not intended for use in medical, life-saving, or life- sustaining applications. UNLESS OTHERWISE AGREED IN WRITING BY INTEL, INTEL PRODUCTS, OUTPUT, MATERIALS, OR SOFTWARE ARE NOT DESIGNED NOR INTENDED FOR ANY APPLICATION IN WHICH THE FAILURE OF THE INTEL PRODUCT, OUTPUT, MATERIALS, OR SOFTWARE COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR.
    • 14.3. Changes: Intel may make changes to specifications, product descriptions, product information on the web site or Materials at any time, without notice.
    • 14.4. Benchmarks and Performance Claims: Any performance tests and ratings provided on the SGX Services web site are measured using specific computer systems or components and reflect the approximate performance of Intel products or software as measured by those tests. Any difference in system hardware or software design or configuration may affect actual performance. You should consult other sources of information to evaluate the performance of systems or components You are considering purchasing. For more information on performance tests and the performance of Intel products, visit Intel Performance Benchmark Limitations.
    • 14.5. Non-Intel Benchmarks: Intel does not control or audit the design or implementation of third party benchmarks or web sites referenced in the Software, Materials or on the SGX Services web sites. Intel encourages all of its Customers to visit the referenced web sites of others where similar performance benchmarks are reported to confirm whether the referenced benchmarks are accurate and reflect performance of systems available for purchase.
  • DMCA Copyright Infringement Claim

    • 15.1. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. INQUIRIES NOT COMPLIANT WITH THE PROCEDURE OUTLINED MAY NOT RECEIVE A RESPONSE.
    • 15.2. See Notice and Procedure for Making Claims of Copyright Infringement.
    • 15.3. Intel may, in appropriate circumstances, terminate a User account holder or subscriber to the Intel SGX Services if the person or Entity is a repeat infringer. If You believe that a User, account holder or subscriber is a repeat infringer, please follow the instructions above to contact Intel's DMCA agent and provide information sufficient for us to verify that such person or corporation is a repeat infringer.
  • 16. User Content Submissions

    • 16.1 User Content Definition: User content submissions may include, but are not limited to, User registration, participation, public sharing, posting, uploading, linking, downloading, and transferring, viewing, blogging, commenting, chat room, bulletin board and forum participation, or submitting or transmitting content, including, but not limited to Images, visual content, geo-tags, thermal and non-spectral and other content, graphics, art, data, video, audio, text, opinions, descriptions etc. (collectively, the "User Content") on any Intel web site. The content submitted by You is referenced in these Terms as "User Content". “Images” in these Terms mean images, photographs, video, .jpg files; pictures or graphical representations (2D or 3D) in whole or in part.
    • 16.2 Non-Endorsement and Disclaimer: Intel does not endorse any Software, User Content or any opinion, recommendation, or advice expressed therein, and Intel expressly disclaims any and all liability in connection with User Content submissions. Intel does not permit copyright infringing activities and infringement of intellectual property rights on the SGX Services or any of its web sites, and Intel will remove User Content if properly notified that such submission infringes another's intellectual property rights in accordance with the DMCA provisions. Intel reserves the right to remove User Content at its sole discretion and without prior notice.
    • 16.3 Ownership: Intel does not claim ownership of any User Content submitted, posted, transmitted, made available or displayed on, or through, the SGX Services, Software, Output, or Materials. Unless otherwise agreed to in writing, there is no compensation for User Content. Intel has no obligation with respect to any User Content submitted.
  • 17. License to User Content.

    • 17.1. You hereby grant to Intel, Intel Service Providers, licensors, and to any other third party on behalf of Intel or licensors, a worldwide, perpetual, nonexclusive, irrevocable, royalty-free license under Your intellectual property rights in Your User Content that You upload, post or submit, to make, have made, disclose, reproduce, perform, display, modify, sublicense, distribute, create derivative works, sell, offer for sale, import, collect, process, access, and use Your User Content: (a) for the SGX Services, Software, and Materials to create, provide, issue, and deliver Report(s) to You; or (b) to maintain, develop, enhance or improve, the SGX Services, related products, Software, Materials and services. This license survives any termination or expiration of the Terms.
    • 17.2. Warranties and Representations: By posting, submitting or uploading User Content You warrant and represent that You own or otherwise control all of the rights to Your User Content including, but not limited to, all the rights necessary for You to provide, post, upload, input or submit the User Content.
    • 17.3. To the extent that the User Content submitted contains Images, You warrant and represent that (a) You are the copyright owner of such Images, or that the copyright owner of such Images has granted You permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of Your use and as otherwise permitted by these Terms and the Materials, and (b) You have the rights necessary to grant the licenses and sub-licenses described in these Terms.
    • 17.4. Moderation or Pre-Screening: You acknowledge that Intel may or may not moderate or pre-screen User Content. Intel, Intel Service Providers, its licensors, sublicensees and its designees retain the right, at Intel's sole discretion to pre-screen, refuse, or remove any User Content. Neither Intel nor Intel Service Providers, however, will have any liability related to User Content, whether arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
  • 18. Links to Other Materials or Sites

    The linked sites are not under the control of Intel and Intel is not responsible for the content of any linked site or any link within a linked site. Intel reserves the right to terminate any link or linking program at any time. Intel does not endorse companies or products to which it links and reserves the right to note such on its web pages. If You decide to access any of the third party sites linked to this web site, You do this entirely at Your own risk

  • 19. Termination/General.

    Intel may terminate your access to some or all of the SGX Services, Software, Output, or Materials (i) immediately upon a breach of these Terms by You; or (ii) at any time in Intel’s sole discretion.

  • 20. Your access to the SGX Services, Software, Output, and Materials is governed by all applicable laws of your jurisdiction, including but not limited to national, regional, municipal, federal, state and local laws. All information available on the SGX Services, including but not limited to Software, Materials and Output, if any, is subject to U.S. export control laws and may also be subject to the laws of the country where You reside.

  • 21. All disputes arising out of or related to these Terms, whether based on contract, tort, or any other legal or equitable theory, will in all respects be governed by, and construed and interpreted under, the laws of the United States and the State of Delaware, without reference to conflict of laws principles. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from and will not apply to this Agreement.

  • 22. You must comply with all laws and regulations of the United States and other countries governing the export, re-export, import, transfer, distribution, use, access and servicing (“Export”) of the SGX Services, Output, Materials, Software or all related materials provided by Intel and related to User Content. In particular but without limitation, You must not without first obtaining all authorizations required by the United States and all applicable laws and regulations, export SGX Services, Output, Software or Material: (a) to any prohibited or restricted entity or a country subject to sanctions without first obtaining a license or authorization; and (b) use for the development, design, manufacture, servicing, maintenance or production of nuclear, missile, chemical, or biological weapons, or for any other purpose prohibited by the United States government or other applicable governments. In the case of any violation of these rules and regulations or non-compliance with all applicable laws, Intel reserves the right to seek all remedies available by law and in equity for such violations.

  • 23. Intel makes no representation that the SGX Services, Software, Output or Materials are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the SGX Services, Software, Materials or Output, if any, from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

  • 24. No waiver of any breach hereof will be held to be a waiver of any other subsequent breach. Except as expressly provided otherwise in these Terms, the rights and remedies of Intel in this agreement are in addition to any other rights and remedies provided by law or in equity. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such determination will not affect the validity of the remaining provisions unless Intel determines in its discretion that the court’s determination causes this agreement to fail in any of its essential purposes.

  • 25. Intel may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on You. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on SGX Services, the Report(s), Software or Materials.

  • 26. These Terms, as may be updated, which hereby incorporate Appendices A, 1, and 2, constitute the entire agreement between the parties and supersede all prior and contemporaneous agreements, discussions, negotiations, or understandings regarding the subject matter herein. If a conflict arises between or among these Terms and anything in Appendices A, 1, or 2, the parties hereby agree that these Terms shall govern.