Intel AIM Suite Terms and Conditions

Intel AIM Suite Terms and Conditions

Last updated: September 30, 2014

Welcome to the Intel® AIM Suite Online Store. Intel Corporation and/or its affiliates ("Intel") provide access to the website features and other products and services to you when you visit or shop at the AIM Suite Online Store, use AIM products or services, or use software provided by Intel in connection with any of the foregoing (collectively, "AIM Services"). By visiting the AIM Suite Online Store, you accept the following conditions for AIM Services. Please read them carefully.

PRIVACY

Please review our Privacy Notice http://www.intel.com/content/www/us/en/privacy/intel-online-privacy-notice-summary.html, which also governs your use of AIM Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use any AIM Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other AIM Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

DATA

You acknowledge that in consideration for the grant of rights by the Corporation to You under these Terms and Conditions, You grant to Intel a perpetual, non-exclusive, royalty-free, paid-up license to access, use, reproduce and adapt the data and materials (the "Data") prepared, collected, and generated through your use of the AIM Services, including the right to sub-license the Data to third parties including, without limitation the partnerships and joint ventures in which they, directly or indirectly, participate), provided that: (i) Intel may use or disclose the Data in an aggregated, manipulated form for purposes determined by the Intel including, but not limited to, industry studies, internal validation, quality assurance, and authentication of the AIM Services; (ii) Intel will not directly identify or otherwise link you to the Data in its raw, non-aggregated and unmanipulated form without you prior written consent; and (iii) you acknowledge that any and all use of the Data by Intel in accordance with the terms and conditions of the license granted herein shall not constitute a breach of confidence or trade secrets, or any terms and conditions, or give rise to any other claim by you against Intel.

All aggregated Data generated by the Software during Company’s use of the Service is jointly owned without right of accountability by Company and Intel.  Company agrees that all Data generated by the Software during Company’s use of the Service will be in a non-identifiable form and Company will ensure all Data collection will comply with all applicable laws and regulations for data collection, retention and privacy.

DATA BACKUP

All backups will be performed to a shared managed backup Infrastructure on a scheduled basis. The default backup schedule is nightly backups with a six week media data retention period.  Analytic data is retained for up to, but not to exceed 2 years.

OWNERSHIP

All content included in or made available through any AIM Service is the property of Intel or its content suppliers and protected by United States and international laws. The compilation of all content included in or made available through any AIM Service is the exclusive property of Intel and protected by U.S. and international laws. You acknowledge and agree that Intel owns all legal rights, title and interest in and to the content of the AIM Services, including any Intel trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without Intel's prior written permission. Except as expressly provided herein, Intel does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

LICENSE AND ACCESS

Subject to your compliance with these Terms and Conditions and your payment of any applicable fees, Intel grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the AIM Services. This license does not include any resale or commercial use of any AIM Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any AIM Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions, Intel's Term of Usehttp://www.intel.com/content/www/us/en/legal/terms-of-use.html are reserved and retained by Intel. No AIM Service, nor any part of any AIM Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Intel. You may not misuse the AIM Services. You may use the AIM Services only as permitted by law. The licenses granted by AIM terminate if you do not comply with these Terms and Conditions.

YOUR ACCOUNT

If you use any AIM Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify Intel immediately of any unauthorized use of your account or any other breach of security here. 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. Intel reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

INTEL SOFTWARE TERMS

In addition to these Terms and Conditions, any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with AIM Services (the "Intel Software") is subject to an additional license agreement which is available with the Intel Software.  Refer to the Intel® AIM Suite End User License Agreement.

AUTO RENEW

Purchased licenses with Credit Card as method of payment, are set to Auto Renew by default. Payment for Renewed Licenses will be automatically charged to the Credit Card on file on the next billing date. If you do not wish to have your licenses set to Auto Renew, you can opt-out of Auto Renew (prior to expiry date) by signing into the Intel AIM Suite online store with your account credentials and performing the following steps.  My Account à My Licenses à Click on ‘View’ link for the appropriate license à click in the checkbox to “Opt-out of Auto Renew”.  NOTE:  Once you Opt-out for Auto Renewal, you can not Opt-in.

Purchased licenses with all other methods of payment (such as Purchase Order wire transfer), are set to expire at end of subscription period (Auto Renewal turned off by default).

BILLING DATE

The Billing Date is deemed the date that Intel invoices you. Where applicable the renewal fees for Auto Renewed licenses may be included on an invoice.

ACTIVATION DATE

The activation date of a license purchased using a credit card will be on the date the license is activated by you.  The activation date of a group of license(s) purchased using a Purchase Order will all be activated 90 days from the order date.

PAYMENT

You agree to make full payment upfront i.e. Credit Card purchases via the Intel AIM Suite Online Store. However if you have not paid for licenses upfront and in full, you agree and are liable to make full payment to Intel via payment method agreed upon and acceptable by Intel within 30 days from the date the license(s) is/were issued by Intel or by other payment terms agreed by Intel in writing.

REFUNDS AND CANCELLATIONS

No Cancellation or Re-Assignment.  Subscription orders are non-refundable and non-cancelable after acceptance by Intel.  The subscriptions assigned by a Service Order cannot be re-assigned or decreased prior to the end of the term of the Service Order.

 

DISCLAIMER OF WARRANTIES

THE AIM SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AIM SERVICES ARE PROVIDED BY INTEL ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. INTEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AIM SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AIM SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT INTEL AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

IN NO EVENT SHALL INTEL AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE WEB SITE. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT, OR ANY CHANGES INTEL MAY MAKE TO THE SERVICES, DOCUMENTS, WEB SITE, CONTENT OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEB SITE (OR ANY FEATURES WITHIN THE WEB SITES); OR IF APPLICABLE, YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

THESE LIMITATIONS ON INTEL'S LIABILITY SHALL APPLY WHETHER OR NOT INTEL HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.

APPLICABLE LAW

By using any AIM Service, you agree that the applicable federal law, and the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Intel.

Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Intel Software. If you are a U.S. Government end user, we are licensing the Intel Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Intel Software are the same as the rights we grant to all others under these Conditions of Use.

You will not export/re-export any technical data, process, product, or service, directly or indirectly, (including the release of controlled technology to foreign nationals from controlled countries), to any country for which the United States government or any agency thereof requires an export license or other government approval without first obtaining such license. In addition, You agree not to provide foreign nationals from controlled countries as employees or contractors for work on any Intel site. For a current list of "Controlled Countries" refer to http://www.bxa.doc.gov.