INTEL BUSINESS EXCHANGE TERMS AND CONDITIONS
Updated: February 04, 2008

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End-user Acknowledgement

Access to and use of the Intel BX site is provided subject to the following terms and conditions. Please read these terms and conditions carefully as your use of the site and the Intel BX services constitutes acceptance of these terms and conditions. If you do not agree to the terms and conditions, do not use the site or services. Intel, in its sole discretion, may modify or revise these terms and conditions at any time by updating this web page. You are bound by any such modification or revision and should visit this page periodically to review the terms.

1. INTEL BUSINESS EXCHANGE WEB SITE AND SERVICES

Intel BX is a website where you can learn about innovative Intel and third party software and solutions based on or enabled for Intel technologies, platforms and architecture. You can purchase software directly or submit Requests for Quotes (RFQs) for solutions to multiple ISVs or Solution Providers (collectively “Providers”). It should be noted that Providers may not always choose to accept your RFQ(s).

2. YOUR USE OF INTEL BUSINESS EXCHANGE WEBSITE AND SERVICES

Intel BX is a conduit for connecting users with Providers. Intel does not supply the products or services offered on the site. Intel BX provides you with a directory of Providers and passes your RFQ(s) to participating Providers. Intel does not guarantee the quality of products offered by these Providers or the accuracy of credentials of the Providers which they include when registering on the site. No screening is conducted by Intel and Intel is not responsible for any transaction entered into by you and Providers. Intel does not guarantee the quality, safety or legality of the information provided on the site or the products and services sold by participating Providers. You should exercise as much caution as you would typically exercise with any purchase of products or services.

You agree that by completing an RFQ, you may be contacted by Intel and Providers that meet the requirements stated in your RFQ. You expressly consent to such contact by Providers, or Intel if necessary, to fulfill such RFQ or software purchase via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses. These contacts are necessary to provide the services set forth on the Intel BX website and for Intel to service your account.

Responses to your RFQ or product order shall come directly from the Providers. When you select a software product or solution, you will be responsible for negotiating the terms of that transaction directly with the Provider. You acknowledge Intel is not a party to your purchase. Should you have a dispute with a Provider, you must address such dispute with the Provider directly. You hereby release Intel (and our employees and agents) from any and all damages or claims (including consequential and incidental damages) arising out of or in any way connected to such disputes and your transactions with Providers.

It is agreed that your use of Intel BX website and services is for education, research and/or purchasing purposes only and not for any other purpose including advertising or competitive intelligence. You acknowledge that Intel can access your RFQ(s) and has the right (but not the obligation) in its sole discretion to deny any RFQ that is in violation of these terms and conditions.

Intel BX enables you to use interactive site features to communicate with Intel and others. The interactive features may include, among other things, blogs, wiki, chat areas, news groups, forums, communities, and other communication tools. In addition, you can provide reviews and ratings of solutions you have purchased and of Providers you have purchased from. The interactive communication and review/rating features of the site are solely for the communication of messages, commentary and related materials that comply with the terms of use applicable to this site. In no event will you:

·Use the site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages.

·Defame, abuse, harass, make fraudulent claims, threaten or otherwise violate the legal rights (such as rights of privacy) of others. Publish, post, upload, link to, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful material or information.

·Upload, or otherwise make available, files that contain images, software or other material protected by intellectual property laws, including, by way of example, copyright or trademark laws unless you own or control the rights thereto or have received all necessary consents to submit such materials to the site.

·Use any material or information, including images or photographs, which are made available on the site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

·Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage or interfere with the operation of another’s computer or property of another.

·Forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any materials transmitted to or from the site, or delete or alter any attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other uploaded material.

·Collect information about others, including e-mail addresses or other personal information.

If it is determined or suspected by Intel in its sole discretion that you are misusing or attempting to misuse or circumvent any security on the Intel BX website, services or system, or are using or attempting to use it for any inappropriate purposes, including but not limited to the activities listed above, Intel reserves the right, in its sole discretion, to immediately terminate your access without notice and to commence legal actions or proceedings to seek remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

3. INFORMATION YOU PROVIDE TO INTEL BUSINESS EXCHANGE

When using Intel BX website and services, you will be prompted to disclose certain information about yourself and your purchasing requirements. This information may be used by Intel to help guide you to solutions, content or offers that may be of interest to you, or otherwise enhance your experience on the site. Information collected during the RFQ submission process will be sent to the Providers you select, who will need this information to respond to you. You agree to only complete an RFQ or purchase software for yourself or another person who has authorized you to share his or her contact information. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Intel has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Intel has the right to refuse you any current or future use of the Intel BX website and services. You are responsible for any use of the Intel BX services by persons to whom you intentionally or negligently allow access to your password. Your acceptance of these Terms & Conditions indicates that you expressly consent to our use and disclosure of your personal information in accordance with the Intel Privacy Policy.

4. YOUR USE OF INTEL BUSINESS EXCHANGE CONTENT

Intel BX also provides content including but not limited to text, software, photographs, graphics, data, and other material (”Content”) that are protected worldwide by copyright and other laws. The Content includes both content owned or controlled by Intel and content owned or controlled by third parties and licensed to Intel. Use of this content is governed by the license terms contained at the Legal Information link referenced above.

5. COMMUNICATIONS FROM INTEL BUSINESS EXCHANGE

Intel may send you information related to your RFQs, your software purchases and/or your Intel BX account. You acknowledge and agree that Intel has the right to do so. Intel may also send you additional information and offers related to Intel BX products and services, which you can choose to opt in to receive by changing your notification preferences in your profile set-up. Notwithstanding the foregoing, under no circumstances will Intel or any of its Providers have any obligation to provide you with upgrades, enhancements, modifications, or support for the RFQ, purchasing or other Intel BX services provided.

6. DISCLAIMER

THE INFORMATION AND MATERIALS PROVIDED ON THE INTEL BX SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF INTEL HAS 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. Intel and its suppliers and Providers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. Intel or Providers may make changes to these materials, or to the products described therein, at any time without notice. Intel makes no commitment to update any information or materials on the Intel BX site.

You agree to indemnify Intel, and its subsidiaries, affiliates, officers, employees, agents, and co-branders and hold them each harmless from any and all claims or demands, including attorney’s fees, made by any third party due to or arising from your use of the Intel BX services or in connection with the Intel BX web site or your violation of these terms of use or any other terms located on the Intel BX site, or arising from your violation of any rights of a third party. The terms on the site will inure to the benefit of Intel’s successors, assigns and licensees. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. The failure of Intel to exercise or enforce any right or provision of these or other terms posted on the site shall not constitute a waiver of such right or provision. You agree that any claim or cause of action arising out of or related to use of the Intel BX website and/or services must be filed within one (1) year after such claim or cause of action arises. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Intel as a result of this Agreement or use of the Intel BX web sites.

This Agreement constitutes the entire agreement between you and Intel with respect to this site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Intel with respect to this site.