Read these Terms and Conditions ("Terms") carefully before You ("You") accept these Terms by (a) clicking to accept this agreement, or (b) otherwise using the Intel® Developer Network for PCI Express* Architecture ("Service"). If You do not agree to these Terms do not use the Service. The following describes the Terms under which Intel welcomes You to the Service. Please read these Terms carefully so that You fully understand Your rights and responsibilities as a member of the Service. Please note that Intel may change these Terms from time to time and will let You know by posting a modified copy of these Terms on the Service, or by otherwise notifying You.
These Terms are entered into by and between Intel Corporation ("Intel") and You. Intel provides the Service to You, subject to these Terms. Unless explicitly stated otherwise, these Terms will govern Your use of any new features that augment or enhance the current Service, including the release of new Intel resources.
By joining the Intel® Developer Network for PCI Express* Architecture, you are allowing Intel Corporation to reference your company as a supporter of PCI Express* and as a member of the Intel® Developer Network for PCI Express* Architecture.
Privacy Policy
In order for us to register You as a member of the Service, we ask You to supply us with some basic identification information during the registration process and, occasionally, at other times while using the Service. We collect the information only as needed to provide the Service to You. We will not share the information for marketing purposes with third parties without Your permission. These requests will be in accordance with Intel Corporation's Privacy Policy.
Any information collected will be stored and processed in a database that resides in the United States.
As part of the registration process, Intel may create a "cookie," which contains Your Service registration identifier and is placed on Your system. You may delete the cookie at any time, however, it will be re-created when You re-enter this site.
Your Obligations
In consideration of Your use of the Service, You agree to be solely responsible for: (a) providing true, accurate, current, and complete information about You as prompted by the Service's registration for (the "Registration Data"), and (b) maintaining and promptly updating the Registration Data to keep it true, accurate, current and complete. You are solely responsible for the security of Your password. If You provide any information that is false, inaccurate, out of date, or incomplete, or Intel has reasonable grounds to believe that such information is false, inaccurate, out of date, or incomplete, Intel may suspend or terminate Your account and refuse any and all current or future use of the Service (or any portion thereof). Intel agrees to make reasonable efforts to implement Your requested changes, additions, or deletions to Registration Data within three (3) business days of receipt of such written information. You are responsible for all costs and charges, including without limitation, telecommunications equipment and charges, that You incur in order to use the Service.
Confidentiality
You agree that any passwords, software and hardware to which You are granted access is Intel confidential, proprietary, trade secret information ("Confidential Information"). You agree to maintain the confidentiality of the Confidential Information with at least the same degree of care that You use to protect Your own confidential and proprietary information, but no less than a reasonable degree of care under the circumstances. You agree not to disclose to any employees or to any third parties except to employees who have a need to know and agree to abide by these Terms.
You will not be liable for disclosure of any Confidential Information which is: (a) rightfully in the public domain other than by a breach of duty to Intel; (b) rightfully received from a third party without any obligation of confidentiality; (c) rightfully known to You without any limitation on use or disclosure prior to its receipt from Intel; (d) independently developed by Your employees; (e) generally made available to third parties by Intel without restriction on disclosure; or (f) more than five (5) years from the date of last access to such information. With respect to these confidentiality obligations regarding the software and hardware, these Terms shall control in the event of conflict between these Terms and those set forth in a separate written non-disclosure agreement between You and Intel.
You agree that any material, suggestions, comments, information or other communication regarding the Service, including all data, images, sounds, text, and other things embodied therein and related thereto, that You provide to Intel will be considered non-confidential ("Communications"). Intel will have no confidentiality obligations with respect to Your Communications. You agree that Intel and its designees may copy, modify, create derivative works, display, disclose, distribute, license and sublicense, incorporate and otherwise use any or all of the Communications, including derivative works thereto, for any and all purposes as Intel deems fit. For clarification purposes, Communications does not include Your source code You upload via the Service.
Restrictions
You are prohibited from porting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person or entity from whom such Content originated. This means that You, and not Intel, are entirely responsible for all Content that You upload, post or otherwise transmit via the Service. Intel does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand and agree that by using the Service, You may be exposed to Content that is offensive, indecent or objectionable before Intel has been made aware of such prohibited material.
While it is not Intel's intent to monitor your online communications, Intel reserves the right to edit or remove Content that it becomes aware of and determines to be harmful, offensive or otherwise in violation of these Terms. Violation of these restrictions ("Restrictions") may also result in the termination or suspension of your account. These Restrictions apply to all Content provided to or through the Service, including email messages, newsgroup postings, chat, personal or business applications. You agree to not post or store on any SDV any Content that violates or infringes anyone's intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protectable) confidential ideas or that is in violation of the Restrictions set forth herein.
Intel is not obligated to provide access to any registrant at any time and reserves the right to disallow access for any reason.
You are solely responsible for Your ability to successfully test and develop Your programs and to complete Your development on a schedule within the limits of Intel's scheduling guidelines.
Intel has taken what it believes to be reasonable measures to protect against unauthorized access to this site. HOWEVER, INTEL MAKES NO REPRESENTATIONS AND PROVIDES NO WARRANTIES AS TO THEIR EFFECTIVENESS, YOUR USE OF THE SERVICE AT YOUR OWN RISK.
Exclusion of Warranties
THIS SERVICE, HARDWARE, AND 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.
Limitation of Liability
IN THE EVENT OF INTERRUPTION OF ACCESS, INTEL SHALL NOT BE LIABLE FOR ANY LOSS OF YOUR CODE DUE TO SUCH INTERRUPTION. 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 SERVICE, HARDWARE, AND/OR 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
Intel may terminate this Agreement, the Service, or any portion thereof at any time. Upon termination, You will immediately return all copies of any software provided to You by or on the behalf of Intel to Intel, or destroy all copies of the software and certify to Intel in writing of their destruction, and cease using the Service pursuant to the terms and conditions set forth below.
Notices
Intel may send notices to You via either email or regular mail. Except as otherwise set forth herein, notices shall be deemed given on the date of transmittal and the date of notice shall be the date of transmittal.
Hyperlinks
Intel may provide, or third parties may provide, hyperlinks to other Internet sites or resources. Because Intel has no control over such sites and resources, You understand and agree that Intel is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. This Website may be hyperlinked to other websites which are not under the control of and are not maintained by Intel. You understand and agree that Intel is providing these hyperlinks (if any) to You only as a convenience, and the inclusion of any such hyperlink to such website does not imply endorsement by Intel of those websites.
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. Intel is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Intel.
Intel controls and operates the Service from various locations in the United States of America and makes no representation that this Service is appropriate or available for use in other locations. If You use the Service from other locations, You are responsible for compliance with applicable locals laws including but not limited to the export and import regulations of other countries. You understand and agree that both You and Intel are subject to regulation by agencies of the U.S. government, including the U.S. Department of Commerce, which prohibit export or diversion of certain products and technology to certain countries. Any and all obligations of either party, under these Terms, to provide technical information, technical assistance, software, any media in which any of the foregoing is contained, Content, or training and related technical data (collectively, "Data") shall be subject in all respects to such United States laws and regulations as shall from time to time govern the license and delivery of technology and products abroad by persons subject to the jurisdiction of the United States, including the Export Administration Act of 1979, as amended, any successor legislation, and the Export Administration Regulations issued by the Department of Commerce, or the Bureau of Export Administration. You represent and warrant that You will comply in all respects with the export and re-export restrictions including those set forth in any export license (if necessary) for Data disclosed to You hereunder.
Waiver
The failure of Intel to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms represent the entire understanding relating to the use of the Service and prevail over any prior or contemporaneous, conflicting, or additional communications unless otherwise agree to herein.
Government Restricted Rights
Any software provided to You under these Terms or in association with the Service 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.
Worldwide
