Intel® True Software 1. Sole Agreement These terms and conditions constitute the entire agreement (“Agreement”) between Intel Corporation (“Intel”) and users of Intel software (“End-Customers”) with respect to technical support and maintenance (“Software Maintenance”) of the Intel software (“Software”) as described herein. Intel Software does not include firmware included with Intel hardware products. These Terms and Conditions are the sole and exclusive terms governing all Software Maintenance provided by Intel (or its agents or subcontractors) for the Software. Intel shall not be bound by any terms or conditions not set forth in this Agreement. These Terms and Conditions may be modified only by written amendment executed by Intel. 2. Period of Performance This Agreement and performance thereof will commence and expire on the dates indicated in the Intel Registration Center (IRC) system for each purchased item. The beginning date for software maintenance shall be set on the date the End- Customer registers and downloads the software. 3. Renewal This Agreement may renew for additional Terms upon receipt of a Software Maintenance purchase order from a Direct-Customer on behalf of End-Customer. Any such renewal will be subject to the price(s) then offered to End-Customer by one or more Direct- Customers at the time of the renewal request. Acceptance of the purchase order will be contingent upon adherence to the published “Rules for sale of service”. 4. Software Maintenance To initiate Software Maintenance, End-Customer will contact Intel HPC Fabric Support Center to report problems covered by this agreement. Software Maintenance shall not include: any technical support or software fixes as a result of (a) accident, neglect, misuse; (b) causes external to the Software or as a result of any causes other than ordinary use of the Software; (c) unauthorized removal/reinstallation of the Software; (d) alterations, modifications, repairs of the Software made by persons other than Intel or a Intel authorized Software Maintenance provider; (d) training other than the specific operation of the installed Software; and (f) installation of new or upgraded features except as authorized by Intel. 5. Intel Responsibilities During the term of this Agreement, Intel shall use reasonable commercial efforts to: (a) assure the Software operates substantially in accordance with the Software specifications in effect at the time of End-Customer’s purchase of the Software or subsequent upgrades or enhancements procured by the End-Customer under conditions of normal use; (b) Provide all mandatory patches or upgrades which Intel determines are required to ensure proper Software operation; and (c) provide such other Software Maintenance as described in this Agreement. 6. End-Customer Responsibilities A. Obtain and provide to Intel sufficient information to establish entitlement, severity and priority for identified problems. B. Use reasonable commercial efforts to isolate problems and reproduce any identified errors or malfunctions. C. Provide, upon Intel’s request, diagnostic output and such additional data in machine-readable or interpreted form deemed necessary or desirable by Intel to reproduce the environment in which the errors or malfunctions occurred and to aid understanding the errors or malfunctions. D. Provide End- Customer and/or End-Customer’s vendor contact information as needed. 7. Subcontracting Intel may authorize and utilize one or more third parties to provide the Software Maintenance under this Agreement. Subcontractor(s) shall comply with the terms of this Agreement 1 of 3 March Scale Fabric Suite Maintenance Agreement 8. Pricing Price quotes are obtained from authorized Intel distributors and other parties with whom Intel has a direct sales relationship. Pricing shall remain fixed for the term of this Agreement. . Prices are in US dollars Prices specified herein exclude taxes. Direct-Customer and End-Customer will pay any tax, however designated (and any related interest or penalty), imposed. 9. Payment Upon acceptance of a purchase order from a Direct-Customer Intel shall invoice Direct- Customer for the Term of Software Maintenance. Payment is due within thirty (30) days of receipt of invoice. All payments will be made in United States dollars without setoff or deduction. 10. Warranty Intel warrants that all Software Maintenance will be performed in accordance with workmanship standards prevailing in the industry. All Software Maintenance is warranted for a period of thirty (30) days. End-Customer’s sole remedy for breach of this remedy is re- performance of the Software Maintenance by Intel. End- Customer acknowledges that any deviations or exceptions to the foregoing warranty shall be valid only if in writing executed by a Intel authorized representative and no employee, dealer, distributor or third party is authorized to modify the foregoing warranty. Any Software provided by Intel under this Agreement is not warranted to be error free although Intel will endeavor to provide Software that is reasonably free of errors in programming. Intel will conduct reasonable tests for viruses but does not warrant or guarantee that any Software will be virus free. THE FOREGOING IS THE SOLE WARRANTY BY INTEL UNDER THIS AGREEMENT AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, CUSTOM, AND FITNESS FOR PURPOSE ARE HEREBY DISCLAIMED. 11. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL INTEL BE LIABLE TO END-CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA OR LOST GOODWILL HOWEVER CAUSED. INTEL’S MAXIMUM LIABILITY IN ANY CLAIM ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE AMOUNT WHICH DIRECT-CUSTOMER HAS PAID TO INTEL FOR SOFTWARE MAINTENANCE ON BEHALF OF END-CUSTOMER UNDER THIS AGREEMENT. 12. Intellectual Property Rights Intel owns the entire right, title and interest in and to all intellectual property rights in and relating to the design of the Software, or other technology developed in the performance of this Agreement. The software furnished by Intel is subject to strict compliance by Direct- Customer and/or End-Customer with each and all of the terms of the applicable software license agreement. In the absence of any separate software license agreement, Intel grants to you a non- exclusive, personal, non-sublicensable, limited right and license under Intel’s copyrights to load data into or display, view or extract output results from, or otherwise operate any portion of the software together with the hardware, or to distribute the software together with the hardware. . 13. Force Majeure Neither party will be liable for any failure to perform acts, other than 12/2012 2013

Intel® True 
Software 
1. Sole Agreement 
These terms and conditions constitute the entire agreement 
(“Agreement”) between Intel Corporation (“Intel”) and users of Intel 
software (“End-Customers”) with respect to technical support and 
maintenance (“Software Maintenance”) of the Intel software 
(“Software”) as described herein. Intel Software does not include 
firmware included with Intel hardware products. These Terms and 
Conditions are the sole and exclusive terms governing all Software 
Maintenance provided by Intel (or its agents or subcontractors) for 
the Software. Intel shall not be bound by any terms or conditions 
not set forth in this Agreement. These Terms and Conditions 
may be modified only by written amendment executed by Intel. 
2. Period of Performance 
This Agreement and performance thereof will commence and 
expire on the dates indicated in the Intel Registration Center 
(IRC) system for each purchased item. The beginning date 
for software maintenance shall be set on the date the End- 
Customer registers and downloads the software. 
3. Renewal 
This Agreement may renew for additional Terms upon receipt of a 
Software Maintenance purchase order from a Direct-Customer on 
behalf of End-Customer. Any such renewal will be subject to the 
price(s) then offered to End-Customer by one or more Direct- 
Customers at the time of the renewal request. Acceptance of the 
purchase order will be contingent upon adherence to the published 
“Rules for sale of service”. 
4. Software Maintenance 
To initiate Software Maintenance, End-Customer will contact 
Intel HPC Fabric Support Center to report problems covered 
by this agreement. Software Maintenance shall not include: 
any technical support or software fixes as a result of (a) accident, 
neglect, misuse; (b) causes external to the Software or as a result 
of any causes other than ordinary use of the Software; (c) 
unauthorized removal/reinstallation of the Software; (d) alterations, 
modifications, repairs of the Software made by persons other 
than Intel or a Intel authorized Software Maintenance provider; (d) 
training other than the specific operation of the installed Software; 
and (f) installation of new or upgraded features except as 
authorized by Intel. 
5. Intel Responsibilities 
During the term of this Agreement, Intel shall use reasonable 
commercial efforts to: (a) assure the Software operates 
substantially in accordance with the Software specifications in 
effect at the time of End-Customer’s purchase of the Software 
or subsequent upgrades or enhancements procured by the 
End-Customer under conditions of normal use; (b) Provide all 
mandatory patches or upgrades which Intel determines are 
required to ensure proper Software operation; and (c) provide such 
other Software Maintenance as described in this Agreement. 
6. End-Customer Responsibilities 
A. Obtain and provide to Intel sufficient information to establish 
entitlement, severity and priority for identified problems. 
B. Use reasonable commercial efforts to isolate problems and 
reproduce any identified errors or malfunctions. 
C. Provide, upon Intel’s request, diagnostic output 
and such additional data in machine-readable or interpreted form 
deemed necessary or desirable by Intel to reproduce the 
environment in which the errors or malfunctions occurred and to 
aid understanding the errors or malfunctions. D. Provide End- 
Customer and/or End-Customer’s vendor contact information as 
needed. 7. Subcontracting 
Intel may authorize and utilize one or more third parties to provide 
the Software Maintenance under this Agreement. 
Subcontractor(s) shall comply with the terms of this Agreement 1 of 3 
March

 Scale Fabric Suite 
Maintenance Agreement 
8. Pricing 
Price quotes are obtained from authorized Intel distributors 
and other parties with whom Intel has a direct sales relationship. 
Pricing shall remain fixed for the term of this Agreement. . Prices are in 
US dollars Prices specified herein exclude taxes. Direct-Customer 
and End-Customer will pay any tax, however designated (and any 
related interest or penalty), imposed. 
9. Payment 
Upon acceptance of a purchase order from a Direct-Customer Intel 
shall invoice Direct- Customer for the Term of Software 
Maintenance. Payment is due within thirty (30) days of receipt of 
invoice. All payments will be made in United States dollars 
without setoff or deduction. 
10. Warranty 
Intel warrants that all Software Maintenance will be performed in 
accordance with workmanship standards prevailing in the industry. 
All Software Maintenance is warranted for a period of thirty (30) 
days. End-Customer’s sole remedy for breach of this remedy is 
re- performance of the Software Maintenance by Intel. End- 
Customer acknowledges that any deviations or exceptions to the foregoing 
warranty shall be valid only if in writing executed by a Intel 
authorized representative and no employee, dealer, distributor or 
third party is authorized to modify the foregoing warranty. Any 
Software provided by Intel under this Agreement is not warranted 
to be error free although Intel will endeavor to provide 
Software that is 
reasonably free of errors in programming. Intel will conduct 
reasonable tests for viruses but does not warrant or guarantee 
that any Software will be virus free. THE FOREGOING IS THE 
SOLE WARRANTY BY INTEL UNDER THIS AGREEMENT 
AND ALL 
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING 
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, 
CUSTOM, AND FITNESS FOR PURPOSE ARE 
HEREBY DISCLAIMED. 11. Limitation of Liability 
UNDER NO CIRCUMSTANCES SHALL INTEL BE LIABLE TO 
END-CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL 
OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, LOST 
DATA OR LOST GOODWILL HOWEVER CAUSED. INTEL’S 
MAXIMUM LIABILITY IN ANY CLAIM ARISING OUT OF THIS 
AGREEMENT WILL NOT EXCEED THE AMOUNT WHICH 
DIRECT-CUSTOMER HAS PAID TO INTEL FOR SOFTWARE 
MAINTENANCE ON BEHALF OF END-CUSTOMER UNDER 
THIS AGREEMENT. 
12. Intellectual Property Rights 
Intel owns the entire right, title and interest in and to all intellectual 
property rights in and relating to the design of the Software, or 
other 
technology developed in the performance of this Agreement. The 
software furnished by Intel is subject to strict compliance by Direct- 
Customer and/or End-Customer with each and all of the terms of 
the applicable software license agreement. In the absence of any 
separate software license agreement, Intel grants to you a non- 
exclusive, personal, non-sublicensable, limited right and license 
under Intel’s copyrights to load data into or display, view or extract 
output results from, or otherwise operate any portion of the 
software together with the hardware, or to distribute the software 
together with the hardware. 
. 13. Force Majeure 
Neither party will be liable for any failure to perform acts, other than 
12/2012 
2013

Intel® True Software 1. Sole Agreement These terms and conditions constitute the entire agreement (“Agreement”) between Intel Corporation (“Intel”) and users of Intel software (“End-Customers”) with respect to technical support and maintenance (“Software Maintenance”) of the Intel software (“Software”) as described herein. Intel Software does not include firmware included with Intel hardware products. These Terms and Conditions are the sole and exclusive terms governing all Software Maintenance provided by Intel (or its agents or subcontractors) for the Software. Intel shall not be bound by any terms or conditions not set forth in this Agreement. These Terms and Conditions may be modified only by written amendment executed by Intel. 2. Period of Performance This Agreement and performance thereof will commence and expire on the dates indicated in the Intel Registration Center (IRC) system for each purchased item. The beginning date for software maintenance shall be set on the date the End- Customer registers and downloads the software. 3. Renewal This Agreement may renew for additional Terms upon receipt of a Software Maintenance purchase order from a Direct-Customer on behalf of End-Customer. Any such renewal will be subject to the price(s) then offered to End-Customer by one or more Direct- Customers at the time of the renewal request. Acceptance of the purchase order will be contingent upon adherence to the published “Rules for sale of service”. 4. Software Maintenance To initiate Software Maintenance, End-Customer will contact Intel HPC Fabric Support Center to report problems covered by this agreement. Software Maintenance shall not include: any technical support or software fixes as a result of (a) accident, neglect, misuse; (b) causes external to the Software or as a result of any causes other than ordinary use of the Software; (c) unauthorized removal/reinstallation of the Software; (d) alterations, modifications, repairs of the Software made by persons other than Intel or a Intel authorized Software Maintenance provider; (d) training other than the specific operation of the installed Software; and (f) installation of new or upgraded features except as authorized by Intel. 5. Intel Responsibilities During the term of this Agreement, Intel shall use reasonable commercial efforts to: (a) assure the Software operates substantially in accordance with the Software specifications in effect at the time of End-Customer’s purchase of the Software or subsequent upgrades or enhancements procured by the End-Customer under conditions of normal use; (b) Provide all mandatory patches or upgrades which Intel determines are required to ensure proper Software operation; and (c) provide such other Software Maintenance as described in this Agreement. 6. End-Customer Responsibilities A. Obtain and provide to Intel sufficient information to establish entitlement, severity and priority for identified problems. B. Use reasonable commercial efforts to isolate problems and reproduce any identified errors or malfunctions. C. Provide, upon Intel’s request, diagnostic output and such additional data in machine-readable or interpreted form deemed necessary or desirable by Intel to reproduce the environment in which the errors or malfunctions occurred and to aid understanding the errors or malfunctions. D. Provide End- Customer and/or End-Customer’s vendor contact information as needed. 7. Subcontracting Intel may authorize and utilize one or more third parties to provide the Software Maintenance under this Agreement. Subcontractor(s) shall comply with the terms of this Agreement 1 of 3 March Scale Fabric Suite Maintenance Agreement 8. Pricing Price quotes are obtained from authorized Intel distributors and other parties with whom Intel has a direct sales relationship. Pricing shall remain fixed for the term of this Agreement. . Prices are in US dollars Prices specified herein exclude taxes. Direct-Customer and End-Customer will pay any tax, however designated (and any related interest or penalty), imposed. 9. Payment Upon acceptance of a purchase order from a Direct-Customer Intel shall invoice Direct- Customer for the Term of Software Maintenance. Payment is due within thirty (30) days of receipt of invoice. All payments will be made in United States dollars without setoff or deduction. 10. Warranty Intel warrants that all Software Maintenance will be performed in accordance with workmanship standards prevailing in the industry. All Software Maintenance is warranted for a period of thirty (30) days. End-Customer’s sole remedy for breach of this remedy is re- performance of the Software Maintenance by Intel. End- Customer acknowledges that any deviations or exceptions to the foregoing warranty shall be valid only if in writing executed by a Intel authorized representative and no employee, dealer, distributor or third party is authorized to modify the foregoing warranty. Any Software provided by Intel under this Agreement is not warranted to be error free although Intel will endeavor to provide Software that is reasonably free of errors in programming. Intel will conduct reasonable tests for viruses but does not warrant or guarantee that any Software will be virus free. THE FOREGOING IS THE SOLE WARRANTY BY INTEL UNDER THIS AGREEMENT AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, CUSTOM, AND FITNESS FOR PURPOSE ARE HEREBY DISCLAIMED. 11. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL INTEL BE LIABLE TO END-CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA OR LOST GOODWILL HOWEVER CAUSED. INTEL’S MAXIMUM LIABILITY IN ANY CLAIM ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE AMOUNT WHICH DIRECT-CUSTOMER HAS PAID TO INTEL FOR SOFTWARE MAINTENANCE ON BEHALF OF END-CUSTOMER UNDER THIS AGREEMENT. 12. Intellectual Property Rights Intel owns the entire right, title and interest in and to all intellectual property rights in and relating to the design of the Software, or other technology developed in the performance of this Agreement. The software furnished by Intel is subject to strict compliance by Direct- Customer and/or End-Customer with each and all of the terms of the applicable software license agreement. In the absence of any separate software license agreement, Intel grants to you a non- exclusive, personal, non-sublicensable, limited right and license under Intel’s copyrights to load data into or display, view or extract output results from, or otherwise operate any portion of the software together with the hardware, or to distribute the software together with the hardware. . 13. Force Majeure Neither party will be liable for any failure to perform acts, other than 12/2012 2013

Intel® True Scale Fabric: Software Maintenance Agreement

Sole Agreement
These terms and conditions constitute the entire agreement (“Agreement”) between Intel Corporation (“Intel”) and users of Intel software (“End-Customers”) with respect to technical support and maintenance (“Software Maintenance”) of the Intel software (“Software”) as described herein. Intel Software does not include ...firmware included with Intel hardware products. These Terms and Conditions are the sole and exclusive terms governing all Software Maintenance provided by Intel (or its agents or subcontractors) for the Software. Intel shall not be bound by any terms or conditions not set forth in this Agreement. These Terms and Conditions may be modified only by written amendment executed by Intel.

Read the full Intel® True Scale Fabric Software Maintenance Agreement.

Vidéos associées